Last updated Aug 1, 2018
This website, https://mergesort.io along with any translated versions and mobile applications that link to or reference these User Terms of Service (“Site”), is operated by Third Impact Inc., dba MergeSort (“we”, “us”, or “Company”), a Delaware corporation with its offices at 845 Market St. Suite 450, San Francisco, CA 94103. Our “Services” consist of any features and/or services provided or otherwise made available on or through our Site, including without limitation our Computer Science Proficiency Assessment®, recruiting services, job postings, job boards, Candidate (defined below) and/or Employer (defined below) platforms, and communication tools. These User Terms of Service (“User Terms”) govern your access to and your use of the Site and Services. “You” and “your” refer to you, a user of the Site and/or Services. A “user” is anyone who accesses, browses, crawls, scrapes, or in any way uses the Site.
These User Terms are to ensure that you will use the Site and Services only in the ways in which Company intends it to be used, and to make clear what uses Company will not permit, will not be responsible for, or both.
By using the Site and/or Services, or by clicking to accept or agree to the User Terms when the option is made available to you:
These User Terms may be revised from time to time. The most current version of these User Terms will be located here. You understand and agree that your access to or use of the Site and Services is governed by the User Terms effective at the time of your access to or use of the Site and/or Services. If we make material changes to these User Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these User Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new User Terms. You understand and agree that your continued access to or use of the Site or Services after the effective date of modifications to the User Terms indicates your acceptance of the modifications.
We may translate these User Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with us, and any inconsistencies among the different versions will be resolved in favor of the English version.
To access or use the Site or Services, you must be 18 years of age or older, and have the requisite power and authority to enter into these User Terms. You represent that you have the authority to bind yourself or the company you represent, and have disclosed all information to us as necessary to administer the Site and/or perform the Services, including the name of all companies you are associating with. You may not access or use the Site if you are a competitor of ours, or if we have previously banned you from the Site or closed your account.
We grant you permission to use the Site and/or Services subject to the restrictions set out in these User Terms. It is a condition of your use of the Site and/or Services that the information you provide is correct, current, and complete. Your use of the Site and/or Services is at your own risk, including the risk that you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. You are responsible for making all arrangements necessary for you to have access to the Site and/or Services. You are responsible for ensuring that all persons who access it through your internet connection are aware of these User Terms, and that they comply with them.
Once you have an account on the Site, you are a “Member” of our Site, and we may record your first and last name, email address, profile name, password, resume, academic transcript, profile picture, job preferences, GitHub profile, social media accounts, and other pieces of information as part of our security procedures.
You are responsible for all activities that occur in connection with your account. You will treat as confidential your account password and agree not to disclose it to any third-party. A third-party could use the Site and/or Services in ways Company does not intend for it to be used, or in ways which violate these User Terms, or otherwise cause harm to Company, other users, or in other ways. Should this happen, you agree to immediately notify Company of any unauthorized use of your account or password, or any other breach of security. You also agree to ensure that you exit from your profile at the end of each session. We ask that you use particular caution when accessing your profile from a public or shared computer, or when using your account in a public space, such as a park or cafe or public library, so that others are not able to view or record your password or other personal information.
You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor) to create an account, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you.
In order to ensure we can protect the community, the Site and/or Services, and other users, we have the right to disable or close any user account at any time and for any reason, including, if in our opinion, you have failed to comply with any provision of these User Terms, or for no reason.
The following terms apply to Members who use our Site and/or Services for the purposes of job seeking, such as by participating in Computer Science Proficiency Assessment® (“CSPA”) and accessing available job openings or prospective employers on our Site or through our Services (each, a “Candidate”). Candidates hereby represents and warrants that he or she will comply with CSPA Exam Rules of Conduct, which is hereby incorporated by reference into these User Terms.
In order to use our Site and/or Service as a Candidate you must register and create a profile. The use of the Site and the Service is free for Candidates, except for the fees associated with participating in CSPA. When registering with us, we may require you to provide us information such as your name, e-mail address, employment history, work experience, educational background and skill set. Furthermore, you agree to provide us with any other identifying documents that we may request, such as a resume. We may also allow you to use a third-party service such as LinkedIn, Facebook, or Google to register. We will review the information that you provide to us during the registration process and we may also review any other information about you that is publicly available. We reserve the right, in our sole discretion, to accept or reject your registration to use our Site and/or Service. If your registration is accepted, you will be allowed to use our Site and/or Services.
You are required to promptly notify us if you (1) accept an offer of employment (an "Employment Offer"), whether for an indefinite or fixed term, (2) accept an offer of employment as a contractor (a "Contractor Offer"), whether for an indefinite or fixed term (each, a "Contractor Engagement"), (3) accepts an Employment Offer or a Contractor Engagement during or within twelve (12) months after termination of an internship of any duration, (a) with an Employer who was identified by you through the use of our Site or Service, or (b) from an Employer who identified you through the use of our Site or Service, (4) accepts an Employment Offer made by an Employer during or within twelve (12) months after termination of a Contractor Engagement with such Employer (each, a "Covered Offer").
You further agree that (1) if you receive a Covered Offer, you shall promptly notify us of your start date and the key terms of such Covered Offer (and notify us promptly should that start date or offer terms change at any time), (2) you shall provide us with (a) a copy of a fully executed Covered Offer employment offer letter, or (b) execute a document between Employer, Company and you that states material employment terms, including, among other things, start date and compensation, promptly upon the signing of a Covered Offer employment offer letter between you and such Employer as may be requested by us.
The following terms apply to Members who use our Site and/or Services for the purposes of recruiting and hiring for open positions within their organization, such as by receiving information on prospective or interested Candidates on our Site or through our Services (“Employers”).
In order to use our Site and/or Services as an Employer, you must register. When registering we may ask you to pay fees (as described below) and to provide additional information related to your company and the types of Candidates you are looking for. We will review the information that you provided to us during the registration process and any other information that is publicly available. We reserve the right, in our sole discretion, to accept or reject your registration to use our Site and/or Service. If your registration is accepted, you will be allowed to engage with, and make requests to, Candidates that have posted their profiles on our Site and/or Services. YOU AGREE THAT YOU MAY ONLY USE CANDIDATE INFORMATION YOU RECEIVE OR ACCESS THROUGH OUR SITE AND/OR SERVICES, SUCH AS PHONE NUMBERS, EMAIL ADDRESSES, AND DIRECT MESSAGES, FOR THE SOLE PURPOSE OF RECRUITING AND HIRING FOR OPEN POSITIONS WITHIN YOUR COMPANY OR ORGANIZATION.
Fees. For each administration of the CSPA (“Exam Session”), Employers will pay a fee, which amount and payment terms will be determined by Company in its sole discretion, in order to access and view Candidate test scores, resumes, contact information and other Candidate information (“Participating Employers”) for all Candidates who have taken the CSPA during that Exam Session (“Participating Candidates”). Participating Employers agree to interview at least one (1) Participating Candidate.
Once a you have discovered a Candidate on our Site or through our Services, you agree to engage with the Candidate exclusively through our Site and/or Services for the duration of the hiring process, except that you and the Candidate may use other supplementary means of communication during the hiring process. You will not to attempt to circumvent our Site or Services by independently attempting to communicate and hire the Candidate through alternative means after discovering the Candidate on our Site or Service. YOU AGREE THAT YOU MAY ONLY CONTACT CANDIDATES FOR THE SOLE PURPOSE OF RECRUITING AND HIRING FOR OPEN POSITIONS WITHIN YOUR COMPANY OR ORGANIZATION. YOU MAY NOT CONTACT OR SHARE CANDIDATE INFORMATION FOR MARKETING, PROMOTIONAL OR OTHER PURPOSES.
You may use the Site and/or Services only for lawful purposes and in accordance with these User Terms. We are under no obligation to enforce the User Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the User Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and will not assist, encourage, or enable others to use the Site and/or our Services:
Additionally, you agree not to, and will not assist, encourage, or enable others to:
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing thirty (30) days’ prior written notice to us at 845 Market St., Suite 450, San Francisco, CA 94103, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
a. Responsibility for Your Content.
You alone are responsible for Your Content, and once published, it cannot be withdrawn. You understand and acknowledge that you are responsible for Your Content and any User Content you post, and you, not Company, assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Company.
You represent and warrant that Your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
b. Our Right to Use Your Content.
We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. As such, you confirm and warrant that you own or control all rights to Your Content and hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and/or Services the right to access Your Content in connection with their use of the Site and/or Services. Finally, you irrevocably waive, and cause to be waived, against Company and its users any claims and assertions of moral right or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content. We are not and shall not be under any obligation, except as otherwise expressly set forth in these User Terms or our other policies, (1) to maintain Your Content or any User Content in confidence; (2) to pay you any compensation for any User Content; (3) to credit or acknowledge you for Your Content; or (4) to respond to Your Content or any User Content.
As between you and Company, you own Your Content, subject to the licenses granted in this Section 10. We own Company Content, including, but not limited to, visual interfaces, interactive features, graphics, design, and compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site and/or Services excluding Your Content, User Content, and Third-Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with Company Content and the Site and/or Services, which are protected by copyright, trade dress, patent, trademark laws, and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of Company Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and/or Services and Company Content are retained by us.
Company name, Company logo and all related names, logos, taglines, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You may not use these names without the prior written consent of Company. All other names, brands, and marks that may appear on the Site and/or Services remain the property of their respective owners and appear here for identification purposes only.
You hereby grant to Company and its owners, affiliates, representatives, licensees, licensors and assigns a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to: (1) display, publicly perform, distribute, store, broadcast, transmit and reproduce your logo(s), service marks, trademarks and trade names through the Site, the Service and/or any other medium currently invented or invented in the future; and (2) display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or any part of the Your Content or any User Content and anything we may make with the such Content through the Site, the Service and/or any other medium currently invented or invented in the future. Further, You waive and agree never to assert any and all moral rights in and to all of the materials licensed in this Section 10(d). We reserve the right to display advertisements in connection with the Your Content or any User Content. We are not required to host, display, or distribute any of the Your Content or any User Content and we may refuse to accept or transmit Your Content or any User Content, and may remove or delete all or any portion of such Content from the Site and/or Services at any time.
e. Copyright Infringement and the Digital Millennium Copyright Act.
We respect the intellectual property rights of others, and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, in appropriate circumstances and in our sole discretion, we may terminate the rights of any user to use the Site and/or Services (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the “Copyright Agent”:
All notices of copyright infringement claims should go to our Copyright Agent:
MergeSort Legal Department
845 Market Street Suite 450
San Francisco, CA 94103
User Content (including any that may have been created by users employed or contracted by Company) does not necessarily reflect the opinion of Company. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines (set forth below). We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
g. Content Standards.
All Your Content and any User Content must comply with the “Content Standards” set out below in these User Terms. You agree to defend, indemnify, and hold harmless Company and its affiliates and licensors for any breach of the Content Standards. These content standards apply to any contributions made by users on the Site and/or Services, including Your Content and any User Content.
Your Content and any User Content must in their entirety comply with all applicable national, regional, federal, state, local, and international laws and regulations. You are solely responsible for any content you post or actions you take via this site and their consequences.
In addition, Your Content and any User Content must not:
h. We Are Not Responsible for Your Content and any User Content.
We cannot review everything that is posted to the Site and/or Services in advance, any content and/or opinions uploaded, expressed, or submitted to the Site and/or Services, and all Site Content other than the Content officially provided by Company, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Company. We are not responsible or liable to any third-party for the content or accuracy of any materials posted by you or any other user of the Site and/or Services, and you agree to bear full responsibility for the Content you post to the Site and/or Services. You understand that when using the Site and/or the Service, you will be exposed to Content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of Company.
We also cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any user or third-party.
In order to ensure that the Site and/or Services is used only for its intended purpose, we have the right to:
While we may attempt not to disclose material in response to overzealous or inappropriate requests, without limiting the foregoing, when we have a good faith belief that the law compels us to do so or when we think justice would be served, we may cooperate with law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site and/or Services. Should this happen, we will attempt to provide you with notice before we disclose your personal information to requesting third-parties. Notwithstanding the foregoing, we believe you should have a reasonable expectation of privacy in materials you disclose through your Internet use that are not clearly intended for public dissemination. Where possible, we may attempt to defend this principle even though most jurisdictions currently take the opposite position. YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
As is typical online, this Site and/or Services and user posts may contain hyperlinks to other sites. If there are other websites and resources linked to on this Site and/or Services, either by Company or by you, these links are provided only for the convenience of our users. We have no control over the contents of those websites or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site and/or Services, you do so entirely at your own risk and subject to the User Terms and conditions of use for such websites.
Although we hope to make the Site and/or Services available at all times in the future, there may be times when we need to disable the Site either temporarily or permanently. The Site and/or Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. Keep this in mind as Company will not be liable if all or any part of the Site and/or Services is unavailable at any time, for any period of time. Also, from time to time, we may restrict access to some parts of the Site and/or Services, or the entire Site and/or Services, to users, including registered users.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF COMPANY TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE USER TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE AND/OR SERVICES. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE USER TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE USER TERMS.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE AND/OR SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE AND/OR SERVICES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND/OR SERVICES OR THROUGH YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE AND/OR SERVICES LINKED TO IT.
YOUR USE OF THE SITE, SITE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND/OR SERVICES, WITH THE EXPRESS UNDERSTANDING THAT COMPANY MAY NOT MONITOR, CONTROL, OR VET SITE CONTENT, IS AT YOUR OWN RISK. THE SITE, SITE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE AND/OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SITE AND/OR SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND/OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE AND/OR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND/OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY COMPANY OR A REPRESENTATIVE OF COMPANY SHALL CREATE A REPRESENTATION OR WARRANTY.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND/OR SERVICES.
CANDIDATES HEREBY ACKNOWLEDGE AND AGREE THAT (A) COMPANY IS NOT AN EMPLOYER OR JOINT EMPLOYER, (B) CANDIDATES ARE NOT AND WILL NOT BE DEEMED EMPLOYEES OF COMPANY BASED ON THEIR USE OF THE SITE AND/OR SERVICES, AND (C) USE OF THE SITE AND/OR SERVICES DOES NOT ESTABLISH ANY TYPE OF EMPLOYER OR EMPLOYEE RELATIONSHIP BETWEEN A CANDIDATE AND COMPANY. COMPANY DOES NOT GUARANTEE OR VOUCH FOR AND HEREBY DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH THE ACTIONS OR INTENTIONS OF ANY EMPLOYER THAT USES THE SITE AND/OR SERVICES TO ACCESS CANDIDATE INFORMATION, CONTACT CANDIDATES, OR OTHERWISE COMMUNICATE OR INTERACT WITH CANDIDATES.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "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." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE AND/OR SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SITE AND/OR SERVICES; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE AND/OR SERVICES; OR (3) ANY OTHER MATTER RELATED TO THE SITE AND/OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE TO A CANDIDATE, (REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) FOR MORE THAN THE GREATER OF (1) $100 OR (2) EXAM FEES PAID BY THE CANDIDATE FOR THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH CANDIDATE FIRST ASSERTS A CLAIM AS A RESULT OF THE CANDIDATE’S USE OF THE SITE AND/OR SERVICES. IN NO EVENT WILL COMPANY BE LIABLE TO AN EMPLOYER FOR MORE THAN THE FEES PAID BY THE EMPLOYER FOR THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH EMPLOYER FIRST ASSERTS A CLAIM ARISING OUT OF OR RELATED TO AN EMPLOYMENT OFFER OR CONTRACTOR OFFER MADE BY EMPLOYER TO A CANDIDATE.
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW
Should there be a problem as a result of your use of the Site and/or Services, we cannot be responsible for that. By agreeing to these User Terms, you agree to be responsible for the consequences flowing from your use of the Site and/or Services. That means that you agree to defend, indemnify, and hold harmless Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these User Terms or your use of the Site and/or Services, including, without limitation, (i) any use of the Site, Site Content, Services, and products other than as expressly authorized in these User Terms or your use of any information obtained from the Site and/or Services, (ii) your violation of any term of these User Terms, (iii) your violation of any third party rights, including privacy rights, (iv) your or your users’ violation of law, (v) your use of any services provided by third party service providers, (vi) any findings that Company or its affiliates are employers or joint or related employers of any Candidate, (vii) any breach of any of your representations and warranties (viii) the death or injury of any person or persons, including employees of Employer or Candidate, (ix) damage or destruction of any work or properties, attributable to or resulting from Candidate’s engagement with Employer, (x) claims misclassification of a Candidate or Employer as an independent contractor, (xi) any liabilities arising from a determination by a court, arbitrator, government agency or other body that Candidate was misclassified, as well as (xii) breach of agreement, action, inaction, omission or any claims under any employment-related laws, such as those relating to termination of employment, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, minimum wages, payroll taxes, social security or unemployment taxes, or disability insurance, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits required by law. You may not settle or compromise any infringement claim without our prior written consent.
No waiver of these User Terms by Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Company to assert a right or provision under these User Terms shall not constitute a waiver of such right or provision.
If any provision of these User Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent such that the remaining provisions of the User Terms will continue in full force and effect.
These User Terms constitute the sole and entire agreement between you and Company with respect to the Site and/or Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site and/or Services.
The User Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with Company’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these User Terms and be void.
The section titles in the User Terms are for convenience only and have no legal or contractual effect.
All feedback, comments, requests for technical support, and other communications relating to the Site and/or Services should be directed to: . By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third-parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Company and its users any claims and assertions of any moral rights contained in such Feedback.