Terms And Conditions Of Use
Our services are not marketed or intended for children under the age of 13 years old. IMRECRUITABLE understands that protecting the privacy of young children is important. For that reason, IMRECRUITABLE does not collect information from users that we know are under the age of 13. Children under the age of 13 may not use the Services nor should any personal information be submitted through our website. If you use the Services, you affirm that you are at least 13 years old.
You may be prompted to register on or through our Services to participate in or receive various services offered by IMRECRUITABLE. The availability of these services may vary, and, in the future, we may add other services that may be accessed through our Services. While your use of our Services is subject to the Terms and Conditions, other services offered by IMRECRUITABLE may be subject to additional terms and conditions.
When you register, you will select a user name and password. You are responsible for maintaining the confidentiality of your user name and password, and you are responsible for all activities that occur under your user name and password, whether or not authorized by you. You agree to immediately notify IMRECRUITABLE of any unauthorized use of your user name and password. You further agree not to adopt an inappropriate user name of any kind.
By registering on our Services, you agree to provide accurate and current information about yourself as prompted by the registration pages and to maintain and promptly update your information to keep it accurate and current.
YOUR USE OF OUR SERVICES
You agree that you will not:
• Use IMRECRUITABLE’s Services in any way that may lead to the encouragement, procurement or carrying out of any illegal or criminal activity.
• Use our Services to violate any applicable law in any way or form.
• Use our Services or any information obtained from our Services for any purpose other than your personal and non-commercial use related to any of the services offered by us or our affiliates – companies that control, are controlled by, or are under common control with IMRECRUITABLE.
• Sell or transfer any information obtained from our Services to a third party.
• Obtain or attempt to obtain any materials, documents or information through any means not purposely made available through our Services.
• Penetrate or attempt to penetrate the security measures protecting our Services, including without limitation by hacking, password “mining” or any other illegitimate means.
• Probe, scan or test the vulnerability or security of our Services.
• Frame or utilize framing techniques to enclose any portion of our Services.
• Intentionally disrupt the operation or functionality of our Services.
You further agree that you will not use our Services to:
• Impersonate another person, whether actual or fictitious, including without limitation impersonating any IMRECRUITABLE employees or consultants.
• Post, disseminate, submit, transmit, host, share and/or publish material that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous or invasive of another’s privacy, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
• Transmit viruses, “Trojan horses,” chain letters, junk mail, “spam” or bulk communications of any kind.
• Post, disseminate, submit, transmit, host, share and/or publish advertisements or solicitations of business.
• Post, disseminate, submit, transmit, host, share and/or publish material that is protected by copyright, trade secret, patent, trademark and/or other proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights, or you have written permission from the rightful owner of such rights, and you grant us a license, consent and release with respect to such material as provided in the Terms and Conditions.
IMRECRUITABLE reserves the right in its sole discretion to change, suspend and/or discontinue, at any time, any aspect or feature of our Services, including without limitation content, hours of availability and equipment needed for access or use. We also reserve the right in our sole discretion to change or modify the Terms and Conditions applicable to your use of our Services, or any part thereof, or to impose new conditions, at any time. All such changes will take effect within 48 hours after they have been posted on our Services, and you will be deemed to have accepted any such changes by your use of our Services following such time. Therefore, we encourage you to regularly review the Terms and Conditions.
USER SUBMISSIONS TO OUR SERVICES
Our Services may now or in the future allow you to post, disseminate, submit, transmit, host, share and/or publish various materials and information, including without limitation videos, photographs, biographical information and other materials (collectively, “User Materials”). You are solely responsible for your User Materials and the consequences of posting, disseminating, submitting, transmitting, hosting, sharing and/or publishing such User Materials on and/or to our Services. IMRECRUITABLE does not guarantee any confidentiality with respect to your submissions.
By using our Services and posting, disseminating, submitting, transmitting, hosting, sharing and/or publishing such User Materials on and/or to our Services, you represent and warrant that you own the entire right, title and interest in and to such User Materials, including without limitation the copyrights therein and thereto (or you otherwise possess sufficient rights in such User Materials, through a written agreement with the owner(s) of such rights, to grant the license, consent and release herein), and that such User Materials: (i) are original and have not been copied in whole or in part from any other work; and, (ii) do not violate, infringe and/or misappropriate the proprietary rights of any third party, including without limitation privacy and publicity rights. You hereby grant to IMRECRUITABLE and its agents, attorneys, representatives, predecessors, successors, affiliates, parents, subsidiaries, nominees, licensees, executors, administrators, assigns, media outlets/partners and those acting with authority of the foregoing (collectively, “IMRECRUITABLE Parties”), a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable and sub licensable right and license to use, share, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, host, cache, route, transmit, store, reformat, excerpt, edit, archive, index, crawl, create algorithms based on, modify and/or transcode such User Materials, in any and all formats and through any and all means and channels, including without limitation through streaming and downloading technologies, on the Internet, in publications and advertisements, at scouting/recruiting events and in kits distributed to the media. You further hereby irrevocably consent and allow the IMRECRUITABLE Parties to use and share the name(s), voice(s), biographical information, appearance(s), likeness(es), features, characteristics, persona(s), form(s) and/or image(s) of, as well as any statement(s) made by or attributed to, all identifiable individual(s) depicted and/or described in such User Materials (collectively “Names and Likenesses”). You also hereby irrevocably waive as against the IMRECRUITABLE Parties all moral rights and rights of restraint in such User Materials.
You hereby fully and completely release, forever discharge, hold harmless and agree to defend and indemnify the IMRECRUITABLE Parties from any and all claims, liabilities demands, actions, suits, causes of action and damages (including costs, expenses and attorneys’ fees), that you, or any third party, shall or may have arising out of or in connection with the use of such User Materials and/or Names and Likenesses as provided herein. The license, consent and release herein is binding upon you and your heirs, executors, administrators, successors, licensees and assigns.
You acknowledge that IMRECRUITABLE reserves the right to display advertisements in connection such User Materials, to display such User Materials with similar materials from other users and to use such User Materials for marketing, promotional and advertising purposes. You further acknowledge that IMRECRUITABLE has the right, in our sole discretion, to prescreen, pre-approve, refuse and/or remove from our Services, without prior notice, any User Materials, including without limitation User Materials that violate the Terms and Conditions.
If you have any comments or questions regarding content or materials on our Services, please contact IMRECRUITABLE using the contact information found at the end of the Terms and Conditions. If you believe in good faith that any content or materials on our Services violate your copyright, please contact us as provided in the following section of the Terms and Conditions.
COPYRIGHT INFRINGEMENT AND THE DIGITAL MILLENNIUM COPYRIGHT ACT
IMRECRUITABLE respects the valid intellectual property rights of others. We will respond to allegations of copyright infringement with respect to content or materials on our Services, including without limitation User Materials, in accordance with the Digital Millennium Copyright Act (the “DMCA”).
The DMCA provides a process for copyright owners to give notification to online service providers concerning alleged copyright infringement. When IMRECRUITABLE receives a valid DMCA notification, we respond by removing (or disabling access to) the allegedly infringing content or materials. After removing such content or materials, IMRECRUITABLE will take reasonable steps to contact the owner of the removed content or materials so that a DMCA counter notification may be submitted. After receiving a valid counter notification, IMRECRUITABLE generally restores the allegedly infringing content or materials, unless we receive further notice from the copyright owner that a legal action has been filed seeking a court order to restrain the alleged copyright infringer from engaging in the allegedly infringing activity. If you are a copyright owner, or an agent of a copyright owner, and you believe that any content or materials on our Services, including without limitation User Materials, violate your copyright, you may submit a notification pursuant to the DMCA by providing our DMCA agent with the following information in writing (please see 17 U.S.C. §512(c)(3) for further detail): (i) your physical or electronic signature; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit IMRECRUITABLE to locate the material; (iv) information reasonably sufficient to permit IMRECRUITABLE to contact you, such as an address, telephone number, and, if available, an email address; (v) 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, (vi) a statement under penalty of perjury that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the allegedly infringed copyright. All questions or concerns about our Services or the Terms and Conditions should be directed to IMRECRUITABLE as set forth at the end of the Terms and Conditions. If you believe that your User Materials have been improperly removed because they are not infringing, because you have authorization from the actual copyright owner or the owner’s agent and/or because you have the right to use the User Materials under applicable law, you may send a written counter notification to IMRECRUITABLE’s DMCA agent with the following information (please see 17 U.S.C. §512(g)(3) for further detail): (i) your physical or electronic signature; (ii) identification of the User Materials that have been removed or to which access has been disabled and the location(s) at which the User Materials appeared before such User Materials were removed or disabled; (iii) a statement under penalty of perjury that you have a good faith belief that such User Materials were removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iv) your name, address, telephone number and, if available, email address; and, (v) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located or, if your address is outside of the United States, to the jurisdiction of the Federal District Court for the Southern District of Florida, and that you will accept service of process from the party that provided notification to IMRECRUITABLE of the alleged infringement. If IMRECRUITABLE’s DMCA agent receives a valid counter notification pursuant to the DMCA, we may send a copy of such counter notification to the original complaining party and we may inform such party that we may replace the removed or disabled content in ten (10) business days. Unless IMRECRUITABLE’s DMCA agent receives further notice from the original complaining party that it has filed an action seeking a court order to restrain the allegedly infringing activity, we may replace or re-enable access to the allegedly infringing content or materials not less than ten (10), nor more than fourteen (14), business days after receipt of the valid counter notification.
All text, graphics, photographs, videos, user interfaces, trademarks, logos, taglines, animations, sounds, and music contained on, or comprising, our Services, including without limitation the design, structure, selection, organization, compilation, display, arrangement, expression and “look and feel” of our Services, and the software comprising and/or embodying the foregoing (collectively, the “IMRECRUITABLE Content”), are owned, controlled or licensed by or to IMRECRUITABLE, and are protected under applicable intellectual property laws, including without limitation copyright, trade dress, trademark and/or patent laws. Your use of our Services gives you no ownership rights in the IMRECRUITABLE Content. You may not, without limitation, copy, reproduce, publish, download, print, post, broadcast, record, mirror, transmit, commercially exploit, edit, communicate to the public or distribute in any way any part of our Services or the IMRECRUITABLE Content except as follows: (i) you may download the IMRECRUITABLE Content to your website viewing device for the purpose of viewing it; and, (ii) you may print portions of our Services and the associated IMRECRUITABLE Content for your personal informational use as long as the printed portions are not subsequently modified or altered in any way. Any use other than as permitted under the Terms and Conditions may be undertaken only with the prior written authorization of IMRECRUITABLE.
TERMINATION OF YOUR RIGHT TO USE OUR SERVICES
IMRECRUITABLE reserves the right to suspend, restrict and/or terminate your access to our Services at any time, without notice, in our sole discretion, without limitation to any of our other rights. Further, IMRECRUITABLE reserves the right to terminate your account if your User Materials are the subject of multiple DMCA notifications and/or you are deemed to be a repeat infringer of any intellectual property.
PRODUCTS AND SERVICES OFFERED BY IMRECRUITABLE ATHLETIC RECRUITING
IMRECRUITABLE may offer products and services on or through our Services. When you enroll for such products or services, you accept the specific agreement(s) applicable to such products or services. Your use of any such products or services is governed by the terms and conditions in the applicable agreement(s) for such products or services and, to the extent such products or services are provided through our Services, the Terms and Conditions also will apply.
LINKS TO OTHER WEBSITES
Our Website may provide links to other third party websites or resources, including users, advertisers, affiliates, and sponsors over which we have no control. These links are provided solely as a reference to you and, unless otherwise explicitly stated, should not be construed as an endorsement by IMRECRUITABLE of the content, product or services on such websites or resources. You access and use such websites or resources, including the content, products or services thereon, solely at your own risk. You agree that IMRECRUITABLE is not responsible for and relieve IMRECRUITABLE from all liability arising from, the availability of, content provided on, or practices of such third party websites, the quality of the goods and services provided on such websites, and the performance of any agreement you may enter into with such third party website. IMRECRUITABLE makes no representations or warranties with respect to the content, ownership, or legality of any such linked websites.
THIRD PARTY ADVERTISING ON OUR SERVICES
Unless otherwise explicitly stated, IMRECRUITABLE does not endorse or guarantee any third party products or services advertised on our Services or any third parties sponsoring parts of our Services. Your dealings with advertisers or other third parties found on or through our Services are solely the responsibility of you and the third party. These dealings include without limitation your participation in promotions, the payment for and delivery of products and services, if any, and any terms, conditions, warranties or representations associated with such dealings. You agree that IMRECRUITABLE will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on our Services.
REPRESENTATIONS AND WARRANTIES
You agree that your use of the services is entirely at your own risk. The services, and all materials, information (including, without limitation, text, graphics, links, or any information or materials obtained or accessed through the services), and products included therein are provided “as is,” “with all faults,” “as available,” with no warranties whatsoever and therefore IMRecruitable expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of intellectual property or proprietary rights. IMRecruitable disclaims any responsibility for the accuracy, completeness, legality, reliability, or operability of information, content, or materials on the services, the functionality of the services, or the availability of the services. IMRecruitable cannot and does not guarantee and does not promise any specific result from use of the services. No advice or information, whether oral or written, obtained by you from IMRecruitable, or from or through the services, shall create any warranty not expressly stated herein. You have no right to rely on any information contained herein as accurate. IMRECRUITABLE makes no such warranty. IMRECRUITABLE makes no warranties or representations regarding the results of the use of the information materials, software, facilities, services, or other content on the services or any sites linked to the services in terms of their correctness, accuracy, timeliness, reliability, or otherwise. IMRECRUITABLE makes no warranties that the functions and features made available through the services will be available, uninterrupted, or error-free, that defects will be corrected, or that its servers are free of viruses or other harmful components.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
Your use of the services is at your sole risk. IMRECRUITABLE is not responsible for any problems or technical malfunction of any network, system, server or provider, computer equipment, software, failure of e-mail or players on account of technical problems, or traffic congestion on the internet or at any website or combination thereof. IMRECRUITABLE is not responsible for any injury or damage to any devices belonging to any user or any other person related to or resulting from use of the services, viewing, playing, or downloading any user materials on or from the services, or otherwise in any way in connection with the services. IMRECRUITABLE assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or user communications. Under no circumstances will IMRECRUITABLE, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, other users, agents, and employees, be liable to you for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses (including without limitation loss of profits, revenue, goodwill, use data, or other intangible losses), whether based in contract, tort, strict liability, or otherwise, arising out of or in connection with use of, or inability to use, the services, whether or not IMRecruitable has been advised of the possibility of such damages or loss. Such limitations of liability shall apply (a) whether the damages arise from the services or from the interruption, suspension, or termination of the services (including such damages incurred by third parties), and (b) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. If you are dissatisfied with any part of the services, your sole and exclusive remedy is to discontinue use of the services.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. In such states, under no circumstances shall IMRECRUITABLE be liable to you for any amount exceeding twenty-five dollars ($25.00) or the minimum amount allowed by law in the applicable jurisdiction.
IMRECRUITABLE expressly disclaims any and all responsibilities and liability for the conduct of any other user, and expressly disclaims that user materials inputted by other users are either correct or accurate. IMRECRUITABLE is not responsible for the conduct, whether online or offline, of any user or other users of the services. Under no circumstances will IMRECRUITABLE be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the services, any user materials posted on or through the services or transmitted to users or other users, or any interactions between or among users or other users of the services, whether online or offline. IMRECRUITABLE takes no responsibility for third-party advertisements that are posted through the services, nor does it take any responsibility for the goods or websites provided by its advertisers. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.
The Terms and Conditions shall be governed by and construed under the law of the State of Florida, without regard to conflicts of laws rules. You agree that the courts of Florida shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in the state and federal courts in Miami Dade County, Florida.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor IMRECRUITABLE will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Any arbitration necessary under this section will be held through confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association in Miami Dade County, Florida. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that IMRECRUITABLE may seek any interim or preliminary relief from a court of competent jurisdiction in Miami Dade County, Florida necessary to protect its rights or property pending the completion of arbitration. To the extent permitted by law, any claim or dispute under these Terms and Conditions must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed.
LIABILITY FOR TECHNICAL DISRUPTIONS TO OUR SERVICES
If you cause a technical disruption of our Services or any aspect of its functionality you agree to be responsible for any and all loss, costs, liabilities or expenses IMRECRUITABLE may suffer and you agree to be liable for any attorneys’ fees and costs arising from and/or related to the same. The foregoing shall be without limitation of our other venders in law or equity.
You agree to compensate, indemnify, defend, and hold harmless IMRECRUITABLE, our officers, directors, employees, agents, business partners, affiliates, distributors, licensors and licensees for, from and against all claims, losses, expenses, damages, costs, or demands, including attorneys’ fees and court costs resulting from any claim, action, investigation, demand, or proceeding arising in connection with your use of our Services or any violation of the Terms and Conditions.
You further release and hold IMRECRUITABLE harmless from any and all liability arising from any misuse, unauthorized access, disclosure, alteration, or destruction of Website content, User Submissions, and/or information contained in the Website by other users or third parties.
Each provision of the Terms and Conditions shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
The failure of IMRECRUITABLE to enforce any provisions of the Terms and Conditions or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms and Conditions or to act with respect to similar breaches.
HOW TO CONTACT US
Should you have questions or concerns about the Terms and Conditions, please contact us at email@example.com.
Terms of Sale
These Terms of Sale are subject to change without prior written notice at any time, in 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 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.
Lifetime Membership Terms
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 email@example.com.
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.
Cancellation and Refunds
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.
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.