TERMS OF SALE
These Terms of Sale are subject to change without prior written notice at any time, in the Company’s sole discretion, and such changes shall apply to any purchases made after such changes are posted to the Site. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on ImRecruitable.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Purchase Qualifications; Account Security
Subscription Service Terms
ImRecruitable may offer certain services on a subscription basis with recurring payments (“Subscription Services”). You agree to pay your subscription fee in advance of receiving any such Subscription Service for a period as agreed upon between ImRecruitable and user (“Subscription Period”). ImRecruitable reserves the right to discontinue or modify any subscription fee payment option at any time without notice. Also, if you are signing up under any promotional subscription fee, some additional restrictions may apply. If you choose a Subscription Period as a Monthly or Yearly subscription Service, you agree that ImRecruitable may automatically charge the subscription fee to your chosen payment method at the beginning of each period. Your access to the ImRecruitable Subscription Service will not be established until ImRecruitable has verified that the credit card or other payment information you provide ImRecruitable for payment is accurate and that your credit card account or other payment method account is in good standing. You are required to keep your billing information current, complete, and accurate (such as a change in billing address, credit card number or expiration date) and notify ImRecruitable if your selected payment method is cancelled (e.g., for loss or theft).
You are responsible for all charges incurred under your account made by you or any other user of your account (including your children, family, or friends). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your account may be deactivated without express notice to you if your payment is past due, regardless of the dollar amount. PLEASE NOTE: If a purchase has been declined online due to issues with your payment account, ensure all data is correct and resubmit. If the transaction is not accepted online, please contact us at firstname.lastname@example.org.
Subscription ONLY Cancellation and Refunds
It is your sole responsibility to terminate your ImRecruitable account or any paid subscription. You may cancel your ImRecruitable account at any time; however, there are no refunds for cancellation. Please note, unless ImRecruitable gives notice to the contrary, payment for Subscription Services are non-refundable. If you cancel your subscription before the end of the term for which you paid, your cancellation will take effect immediately and you will not be given any refund. ImRecruitable, at its discretion, may leave the Subscription Service active through the end of the prepaid billing cycle.
Lifetime Premium Membership Terms (purchase prior to July 27, 2021)
ImRecruitable may offer certain services for a one-time, non-recurring fee, which memberships last during the lifetime of your college recruiting eligibility phase (“Lifetime Services”). For high school students, Lifetime Services last for the duration of your enrollment in high school, unless you contact ImRecruitable thereafter to reactivate your membership for an additional phase of recruiting eligibility after high school. You agree to pay your one-time lifetime fee in advance of receiving any such Lifetime Service. No refund will be given to any member who is unable to use his or her membership at any time. Lifetime Services memberships are valid for one (1) person only and are not transferable to any other person.
ImRecruitable reserves the right to discontinue or modify any lifetime fee payment option or the Lifetime Services at any time without notice. Your access to the ImRecruitable Lifetime Services will not be established until ImRecruitable has verified that the credit card or other payment information you provide ImRecruitable for payment is accurate and that your credit card account or other payment method is in good standing. PLEASE NOTE: If a purchase has been declined online due to issues with your payment account, ensure all data is correct and resubmit. If the transaction is not accepted online, please contact us at: contact@ImRecruitable.com.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY – THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND IMRECRUITABLE, LLC.
THIS AGREEMENT APPLIES TO THE PURCHASE AND SALE OF AN IMRECRUITABLE MEMBERSHIP AND RELATED PRODUCTS AND SERVICES THROUGH WWW.IMRECRUITABLE.COM (REFERRED TO AS THE "WEBSITE").
For purposes of this Agreement, the term "ImRecruitable or IMR" means IMRECRUITABLE, LLC, a Florida limited liability company, and the term "Client" means, individually and collectively, the "Student-Athlete" and "Parent(s)/Guardian(s)" identified in the profile “my info” section of the ImRecruitable profile.
Client’s receipt of an electronic or other form of order confirmation does not signify ImRecruitable’s acceptance of Client’s order, nor does it constitute confirmation of ImRecruitable’s offer to sell. ImRecruitable reserves the right at any time after receipt of Client’s order to accept, decline, or limit Client’s order for any reason, whether or not Client’s credit card has been charged. ImRecruitable uses commercially reasonable efforts to maintain the availability of its website. However, should the website experience technical difficulties, ImRecruitable is not responsible for orders that are not processed or accepted.
EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE OF THIS AGREEMENT, CLIENT AGREES THAT DISPUTES BETWEEN CLIENT AND IMRECRUITABLE WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND CLIENT WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Service of ImRecruitable. Subject to the terms and conditions of this Agreement, ImRecruitable will provide Client with the following "Basic Services":
ImRecruitable will educate and guide the Student-Athlete through the collegiate recruiting process by utilizing the ImRecruitable platform and network in order to maximize the Student-Athlete’s collegiate recruiting potential;
Upon confirmation by ImRecruitable that the Student-Athlete qualifies to be introduced to collegiate coaches in accordance with, and is otherwise in compliance with, National Collegiate Athletic Association (“NCAA”) and National Association of Intercollegiate Athletics (“NAIA”) rules, ImRecruitable will host an online recruiting profile for the Student-Athlete (“Recruiting Profile”), which will include a highlight video, regularly updated statistics and other appropriate information that is submitted by Client;
Subject to the foregoing, ImRecruitable will make available the Recruiting Profile to those colleges and universities for which the Student-Athlete qualifies, as determined by ImRecruitable’s matching system;
If the Student-Athlete chooses to attend a junior college and/or decides to transfer to another school after attending a four-year university, then ImRecruitable will update the Recruiting Profile at no additional charge and, upon receipt of the appropriate NCAA/NAIA transfer release, ImRecruitable will deliver such information to all eligible colleges and universities in accordance with item (iii) above. Freshman & Sophomore are entitled to a one-time sport change prior to July 31st following their sophomore year of high school and/or prior to their being introduced to colleges and universities.
Optional Services. In addition to the Basic Services, ImRecruitable may make available other “Optional Services” from time to time, which shall be subject to the terms and conditions of this Agreement, the Related Agreements and such other terms and conditions that may accompany such other Optional Services. Unless provided otherwise in the terms and conditions that accompany such other Optional Services, the Student-Athlete shall not be eligible for any Optional Services past the last day of such Student-Athlete’s senior year of high school. Each such Optional Service shall incur payment of the additional fees identified on the relevant order page for such Optional Service. ImRecruitable shall have no obligation to perform any such Optional Services unless and until ImRecruitable accepts Client’s order for such Optional Services and Client is current in all payments for the Basic Services and Client has paid all additional fees applicable to all purchased Optional Services. For purposes of this Agreement, the term “Services” means the Basic Services and those Optional Services actually purchased and paid for by Client, to the extent Client remains eligible for such Optional Services. ImRecruitable may modify fees for Optional Services from time to time upon notice to Client.
Selection Process. The parties agree that ImRecruitable will make the final determination whether the Student-Athlete qualifies for ImRecruitable’s Services. The determination of which colleges and universities the Student-Athlete’s Recruiting Profile is sent rests solely with the discretion of ImRecruitable.
Disclaimer. The Services provided are designed to match the Student-Athlete with the best collegiate opportunities. ImRecruitable does not guarantee or promise that Client will receive a scholarship or grant. Client shall not hold ImRecruitable responsible for any decision, action or other matter made or taken by any college or university with respect to recruiting or any scholarship or grant, since those decisions, actions and matters rest solely such colleges and universities. IN FURTHER ACCORDANCE WITH NCAA AND NAIA RULES, IMRECRUITABLE DOES NOT INTEND ANY OF THE SERVICES TO BE, AND SUCH SERVICES SHALL NOT BE CONSTRUED OR DEEMED TO BE, ANY ATTEMPT OR PROMISE BY OR ON BEHALF OF IMRECRUITABLE TO PLACE THE STUDENT-ATHLETE WITH A PARTICULAR COLLEGE OR UNIVERSITY AND/OR A GUARANTEE OF ANY OFFER OR AWARD OF ANY SCHOLARSHIP OR GRANT AND/OR A GUARANTEE THAT A COLLEGE, UNIVERSITY, COACH AND/OR ATHLETIC DEPARTMENT WILL REVIEW THE RECRUITING PROFILE OR ANY OTHER MATERIALS OR INFORMATION RELATING TO THE STUDENT-ATHLETE.
Fees; Payment Obligations. Client shall pay all fees set forth on the registration form accompanying this Agreement and any other order form submitted by Client and accepted by ImRecruitable from time to time. Except where expressly stated otherwise under the Section titled “Cancellation and Refund Policies” all fees owed and owing to ImRecruitable are nonrefundable and non-cancelable.
Client represents and warrants that (i) the debit or credit card information supplied by Client to ImRecruitable is true, correct and complete, (ii) charges incurred by Client will be honored by Client’s financial institution or credit card company, as applicable, and (iii) Client will pay charges incurred by Client at the posted prices, including all applicable taxes, if any. All payments must be in United States dollars.
Client authorizes ImRecruitable to charge applicable fees to Client’s designated billing payment method. If Client’s billing payment method changes during the term of this Agreement, Client must immediately provide ImRecruitable with the updated billing payment method by updating Client’s account profile. If ImRecruitable is unable to charge Client’s billing payment method for an installment, ImRecruitable may take any one or more such actions as set forth in the “Default and Remedies” section of this Agreement.
Client Obligations. Client agrees to cooperate with ImRecruitable with respect to all aspects of the Services, including, without limitation, the preparation of information for distribution to colleges and universities. Prior to, and in order to qualify for, the distribution of the Student-Athlete’s scouting profile to college coaches, Client must first (i) complete all applicable preferences in the profile and (ii) upload the following to the Student-Athlete’s scouting profile: grade point average; a copy of official transcript (test scores if available); photograph; 3-5 minute highlight video; all applicable contact info; personal statement; primary position. Client further agrees that responding to each contact from a college coach or other representative is a vital element in the process, and that not responding to a contact attempt by a college coach or other representative could substantially harm the ImRecruitable’s relationship with that coach or representative. It is Client's responsibility to keep in contact with Client’s scouting representative and ImRecruitable during the recruiting process. Any failure by a Client to respond to such a contact would constitute a material breach of this Agreement by Client. ImRecruitable has no obligation to follow up with Client or to update Client or continue any part of the Services unless Client remains in compliance with its obligations under this paragraph.
Client Acknowledgements, Representations and Warranties. Client represents and warrants that all information provided on the order form and scouting profile is to the best of their knowledge true and correct and that any misleading information could damage the relationship between the ImRecruitable and their coaches. Client has carefully read, fully understands and agrees to be bound by, all of the terms, conditions and legal consequences of this Agreement and each Related Agreement. Client represents and warrants that he and/or she has the legal capacity and authority to enter into this Agreement and each Related Agreement on his and/or her own behalf and on behalf of the Student-Athlete as the Student-Athlete’s parent or legal guardian.
Code of Conduct. Client understands that ImRecruitable’s ability to assist the Student-Athlete in the collegiate recruiting process could be jeopardized by conduct unbecoming of a future collegiate athlete, including conduct that is harassing, racist, criminal, or otherwise inappropriate, in whatever forum it occurs. Client also understands and agrees that any such conduct could negatively reflect on both Client and ImRecruitable, as well as any colleges and universities ImRecruitable has relationships with. As such, Client understands that ImRecruitable may suspend performance under this Agreement or terminate this Agreement in whole or in part in ImRecruitable’s sole discretion, without further liability or obligation to Client, should ImRecruitable determine that the Student-Athlete has:
posted racist, harassing (sexually or otherwise), sexually explicit, or derogatory statements or images on social media (including, without limitation, Facebook, Twitter, Instagram, Snapchat), on any other publicly available medium, or Client or the Student-Athlete engages in any such conduct with any ImRecruitable employee;
been charged with or convicted of any misdemeanor, felony, or any other crime that would reflect negatively on ImRecruitable or a college or university;
engaged in any other behavior that is unbecoming of a student-athlete or that would reflect negatively on ImRecruitable or a college or university, such determination to be in ImRecruitable’s sole discretion.
CANCELLATION AND REFUND POLICIES
Client’s Right to Cancel. Client may cancel this Agreement before midnight on the third business day after entering into this Agreement by contacting ImRecruitable’s Finance Department by email at email@example.com, with such cancellation becoming effective upon ImRecruitable’s written confirmation to Client. AFTER SUCH TIME, CLIENT SHALL HAVE NO RIGHT TO CANCEL THIS AGREEMENT AND CLIENT SHALL REMAIN LIABLE FOR ALL FEES OWED OR OWING TO IMRECRUITABLE, UNLESS ONE OF THE FOLLOWING TWO PARAGRAPHS APPLIES (RECRUIT PROTECT GUARANTEE OR PARENT PROTECT GUARANTEE).
Recruit Protect Guarantee. If the Student-Athlete suffers a "career ending" injury prior to the student-athlete’s graduation from high school, then ImRecruitable will approve a request for a hardship refund on a prorated basis as set forth below. In order to be eligible for a refund under this section, both of the following conditions must be met:
(i) the Student-Athlete’s attending physician must provide a signed letter to ImRecruitable, within ninety (90) days of the date of injury, but no later than the Student-Athlete’s high school graduation date, expressly specifying that the injury suffered is “career ending” and
(ii) Client is in compliance with all of its obligations under this Agreement and each Related Agreement.
Service Time & Qualified Coverage
0 - 120 Days
80% Refund of Paid $
121 - 240 Days
50% Refund of Paid $
241 - 360 Days
20% Refund of Paid $
5% Refund of Paid $
Parent Protect Guarantee. If one or both of the Parents/Guardians of the Student-Athlete becomes involuntarily unemployed or files a Chapter 7 bankruptcy petition within one year after the date of this Agreement, then ImRecruitable will reduce payments for a period of three months, and forgive the difference between the reduced price and the original balance due. To qualify, the Parent/Guardian must, within ninety (90) days of the qualifying event, supply ImRecruitable with, as applicable: (i) a copy of his or her termination letter from his or her employer, along with the name and phone number of his or her immediate supervisor, and proof of such Parent/Guardian's current eligibility for unemployment benefits or (ii) a copy of the bankruptcy petition as filed with a court of competent jurisdiction. Determinations as whether a Parent/Guardian who is an independent contractor or self-employed is involuntarily unemployed shall be made by ImRecruitable, in its sole discretion, on a case by case basis.
PERSONAL INFORMATION NOTICE AND CONSENT
TCPA Consent & Privacy. Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to this Agreement, at any telephone number (including mobile phone), or physical or electronic address you provide or at which you may be reached. Consent to receive these calls is not required as a condition of purchasing any goods or services from IMRECRUITABLE. Consent may be revoked at any time and by any reasonable means. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about this Agreement or the Services. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes.
Certain Confirmations. Client represents and warrants that Client owns the entire right, title and interest (or otherwise possesses sufficient license rights) in the copyrights of the videos and photographs of the Student-Athlete that are provided by Client to ImRecruitable, and that Client has the authority to grant ImRecruitable the right and license to use such videos and photographs as permitted herein, including without limitation the right for ImRecruitable to use such videos and photographs, in any formats and through any channels, on ImRecruitable’s website or on third party websites, in publications, advertisements and promotional materials, in the media and at scouting/recruiting events.
EVENTS OF DEFAULT AND REMEDIES
Events of Default. Each of the following will be considered an “Event of Default” of Client:
Client fails to make any payment due to ImRecruitable within the 10 days subsequent to the date on which said payment was due.
Client breaches any term, responsibility or representation contained in this Agreement or any Related Agreement.
Client violates any NCAA or NAIA rule in regard to recruitment.
Client makes any false or misleading representation in regard to this Agreement, ImRecruitable’s website, any Related Agreement or in the course of ImRecruitable’s services provided to Client.
Client fails or ceases to cooperate with ImRecruitable.
ImRecruitable Remedies. Upon any Event of Default, ImRecruitable shall have the right to exercise any one or more of the following cumulative remedies:
Without notice, deem the entire amount of fees Client is required to pay to ImRecruitable immediately due, owing and payable (in such a case, any partial payment later made by Client toward the full amount due shall not be deemed or construed a cure of the default).
Proceed to appropriate court action, whether in law, equity or bankruptcy, to enforce performance by Client of the covenants or terms of this Agreement and/or any Related Agreement and/or to recover damages. Terminate this Agreement and/or any Related Agreement; provided, however, that any other remedy provided for herein shall survive such termination, and no such termination shall relieve Client of its obligations to pay all fees owed or owing to ImRecruitable;
Cease providing any service ImRecruitable is required to provide under this Agreement and/or any Related Agreement;
Refer any amount due, owing and payable to ImRecruitable to an accredited collection agency or otherwise report any such amount due, owing and payable to an appropriate credit reporting service; and/or
Exercise any other lawful remedy or take any other lawful action available to ImRecruitable. All remedies of ImRecruitable hereunder are cumulative and may, to the extent permitted by law, be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed to be an election of such remedy or to preclude the exercise of any other remedy.
No failure on the part of ImRecruitable to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver of same.
If ImRecruitable turns over to an attorney the collection of any amount due under this Agreement, then Client shall pay to ImRecruitable all of ImRecruitable’s expenses and reasonable attorneys’ fees and disbursements. Additionally, in the event ImRecruitable files an action in any court to remedy Client’s default, ImRecruitable, if successful therein, shall be entitled to recover its costs, including reasonable attorneys’ fees, incurred to enforce the terms, provisions and conditions of this Agreement and/or any Related Agreement.
Third Party Providers. ImRecruitable may provide links to web pages and content (“Third Party Content”) and services (“Third Party Services”) of certain third parties as a service to those interested in such content and services. ImRecruitable does not monitor, nor does it have any control over, any Third Party Content or Third Party Services. ImRecruitable does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. ImRecruitable makes no representations or warranties of any kind regarding any Third Party Content or any Third Party Services, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content. When leaving ImRecruitable’s website, Client acknowledges that ImRecruitable’s website terms and policies no longer govern, and, therefore, Client should review the applicable terms and policies, including privacy and data gathering practices, of that site. Client acknowledges that it shall use such links, Third Party Content and Third Party Services at their Client’s own risk.
Governing Law. All matters relating to the Services, this Agreement and the Related Agreements and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction). Neither the United Nations Convention on Contracts for the International Sale of Goods nor any implementation of the Uniform Computer Information Transactions Act in any jurisdiction shall apply to this Agreement or any Related Agreement.
RESOLUTION OF DISPUTES
Disputes. Before filing a claim against ImRecruitable, Client acknowledges and agrees that Client will try to resolve the dispute informally by contacting ImRecruitable at firstname.lastname@example.org. The parties will try to resolve the dispute via e-mail, but if they cannot resolve the dispute within thirty (30) days after the date of Client’s submission of such dispute, Client and ImRecruitable agree to resolve any claims through final and binding arbitration, except as forth under the section titled “Exceptions to Agreement to Arbitrate” below.
Arbitration Opt-Out. Client may decline to arbitrate by contacting ImRecruitable within thirty (30) days of the date that it first became subject to this arbitration provision (i.e.: the date you accept the Terms and Conditions of Use or enter into this Agreement, whichever is earlier). Client must send us an email to email@example.com. If Client opts out, neither Client nor ImRecruitable can require the other to participate in an arbitration proceeding.
Arbitration Procedures. All claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association (AAA). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All information relating to or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitration shall be held in Cook County, Illinois USA or any other location ImRecruitable agrees to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Exceptions to Agreement to Arbitrate. Notwithstanding anything herein to the contrary, in the event (i) Client misuses and/or abuses ImRecruitable’s website or services, (ii) Client breach the confidentiality terms set forth in any Related Agreement and/or (iii) Client infringes a third party’s intellectual property rights, ImRecruitable may assert a claim against Client and seek injunctive relief from a court of competent jurisdiction. In the event of the foregoing, any such action shall take place exclusively in the courts situated in the City of Chicago, Cook County, Illinois and the parties hereby submit to the venue of the courts situated therein.
No Class Actions. Client may only resolve disputes with ImRecruitable and its affiliates on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM CLIENT MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICES, THIS AGREEMENT OR ANY RELATED AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver; Limitation of Liability. CLIENT WAIVES, RELEASES AND HOLDS HARMLESS IMRECRUITABLE FROM ANY AND ALL LIABILITY THAT MAY ARISE FROM THE ACCURACY, DISCLOSURE OR DISTRIBUTION OF ANY AND ALL INFORMATION IN CONNECTION WITH THIS AGREEMENT.
IMRECRUITABLE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT AND ITS SUBJECT MATTER, WILL BE LIMITED TO AND SHALL NOT EXCEED THE AMOUNT OF FEES IMRECRUITABLE HAS ACTUALLY RECEIVED FROM CLIENT UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.
IN NO EVENT SHALL IMRECRUITABLE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST OR ANTICIPATED REVENUE, PROFITS OR LOSS OR USE OF DATA OR INFORMATION OF ANY KIND) ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, EQUITY, TORT (INCLUDING ANY FORM OF NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, AND WHETHER OR NOT IMRECRUITABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THESE LIMITATIONS SHALL APPLY DESPITE ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IF APPLICABLE LAW LIMITS THE APPLICATION OF THE PROVISIONS OF THIS SECTION, THEN IMRECRUITABLE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT POSSIBLE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CLIENT TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO CLIENT’S PURCHASE OF PRODUCTS AND SERVICES.
No Warranty: ALL PRODUCTS AND SERVICES IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT, EACH OF WHICH IMRECRUITABLE HEREBY DISCLAIMS.
WITHOUT LIMITING THE FOREGOING, IMRECRUITABLE MAKES NO WARRANTY THAT THE PRODUCTS AND SERVICES IN CONNECTION WITH THIS AGREEMENT WILL MEET CLIENT’S REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET CLIENT’S EXPECTATIONS.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO CLIENT’S PURCHASE OF PRODUCTS AND SERVICES.
Severability. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, but if the essential terms and conditions of this Agreement for each party remain valid, binding and enforceable, then the remaining provisions of this Agreement remain in full force.
Assignment. This Agreement is personal to Client and Client may not assign any of its rights or delegate any of its performance obligations under this Agreement, without the prior written consent of ImRecruitable. Any purported assignment of rights or delegation of performance in violation of this Section is void. With respect to ImRecruitable, unless there is evidence to the contrary, if there is an assignment, voluntary or involuntary, by merger, consolidation, dissolution, change of control, operation of law or any other manner, then this Agreement will be binding upon the successors and assigns of ImRecruitable and will continue to be binding upon Client.
Third Party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies upon any party other than the parties to this Agreement.
Entire Agreement; Amendments. This Agreement and the Related Agreements constitute the final agreement between the parties with respect to the Services. All prior and contemporaneous oral and written communications, negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement. ImRecruitable may amend each Related Agreement from time to time in accordance with their respective terms. The parties may amend this Agreement only by a written agreement of the parties that identifies itself as an amendment to this Agreement and is signed by duly authorized representatives of each party.
[End of Agreement]
Payment Method and Terms
We accept Visa, MasterCard, American Express, credit cards, Automated Clearing House (ACH - direct from bank account) and PayPal, as forms of payment. By submitting an order through ImRecruitable, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars.
If your credit card or any other forms of payment are invalid for any reason, your Subscription Service will revert to a basic service account; provided, however, that ImRecruitable reserves the right to cancel your account entirely in such case, whereupon all the information and content contained within it will be deleted permanently. ImRecruitable accepts no liability for information or content that is deleted due to an invalid credit card.
With respect to services you purchase through the Site, you acknowledge and agree that upon making such services available to you, Company will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.
Product and Service Descriptions and Availability, Errors
Company and its suppliers continually upgrade and revise its products and services to provide you with new products and services. Company may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. Company shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, Company reserves the right to substitute items of equal or greater value when an item or service is unavailable or Company may cancel the order.
We attempt to be as accurate as possible and eliminate errors on ImRecruitable, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit (including without limitation issuing), at our option, ImRecruitable credits, with a value at least equal to the amount charged to your credit card. ImRecruitable reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above.
User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.
Any and all inventions, discoveries, patent applications, patents, copyrights, trademarks and trade names, commercial symbols, trade secrets, work product and information embodying proprietary data existing and owned by ImRecruitable as of the date of the Membership or made or conceived by employees of ImRecruitable during the Term of the Membership shall be and remain the sole and exclusive property of ImRecruitable provided that ImRecruitable expressly grants to User a license to use, display and distribute (and to sub-license its affiliates and sub-contractors to use, display and distribute) any intellectual property rights delivered to Supplier as reasonably necessary to perform any Order. Any and all inventions, discoveries, patent applications, patents, copyrights, trademarks and trade names, commercial symbols, trade secrets, work product and information embodying proprietary data existing and owned by ImRecruitable as of the date of the Membership or made or conceived by employees, consultants, representatives or agents of ImRecruitable during the term of this Agreement shall be and remain the sole and exclusive property of ImRecruitable.
ImRecruitable LLC ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON THIS SITE.
PRODUCTS AND SERVICES ARE PROVIDED OR SOLD “AS-IS” AND ImRecruitable LLC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ImRecruitable LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. ImRecruitable LLC DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by ImRecruitable LLC
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL ImRecruitable LLC OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF ImRecruitable LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ImRecruitable LLC LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO ImRecruitable LLC FOR THE PRODUCT OR SERVICE, BUT IN NO CASE WILL THE COMPANY’S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO COMPANY FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM ImRecruitable LLC, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Venue and Jurisdiction
You agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern your use and purchase of products and services and these Terms of Sale, and any dispute of any sort that might arise between you and ImRecruitable or any of its affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts in and for Miami Dade County, Florida, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts in and for Miami Dade County, Florida.
Any notice sent pursuant to this Agreement shall be sent either by electronic mail, certified mail, or by snail mail to the addresses on the User Account or to such address which the User may in the future designate.
You agree to indemnify and hold harmless ImRecruitable, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees from and against any loss, liability, claim, demand, damages, judgments, awards, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your purchase or use of any product or services, or any violation of this Agreement or of any law or the rights of any third party.
Except as otherwise provided, this Agreement shall be binding upon and inure to the benefit of the parties’ successors and lawful assigns.
Neither User nor ImRecruitable shall be liable for any failure to perform or delay in performance of this Agreement to the extent that any such failure arises from acts of God, war, civil insurrection or disruption, riots, government act or regulation, strikes, lockouts, labor disruption, cyber or hostile network attacks, inability to obtain raw or finished materials, inability to secure transport, or any cause beyond such party’s commercially reasonable control.
Arbitration/No Class Action
Except where prohibited by law, as a condition of using this website, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with this website, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator, selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Florida, County of Miami-Dade, or the United States District Court within the Florida District. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Florida, County of Miami-Dade, or the United States District Court.
HOW TO CONTACT US
Should you have questions or concerns about the terms and conditions of use and sale, please contact us at firstname.lastname@example.org.