This Agreement applies to all employers, companies, job seekers, visitors, employees, contractors and any others who visit the website and/or access the Services ("Users" “Your” or “You”).The Services enables employers and companies to post jobs and job seekers, employees and visitors to search for jobs.
To sign up and use the Services or website or place an ad does not require registration. Registration however does offer the user additional benefits such as:
For a job seeker, registering to use the website or Services will enable the user to save ads, follow employers and receive event notifications which requires the user to choose/opt-in to receive such notifications
For an employer, registering to use the website or Services provides all the same benefits as a job seekers in addition employers can quickly copy and edit new ads, receive basic metrics on each ad (returns in search, displays, clicks, apply now clicks) and past invoices.
Registration requires email and password only. Additional profile information can be added such as contact name, phone number, username, company name & address. Other than company name, company address, company bio & possibly a username, ALL profile data is for internal use only and not visible to website visitors.
You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without the necessary and required authorization; or (iii) use, as a username, a name that is otherwise offensive, inappropriate, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without written permission from the other user. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
Users agree not to use the Services to:
Users are prohibited from using the Services or website in any way that:
EverybodyWorks reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Services or website, in that EverybodyWorks reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
Some of the Services offered by Us, including the placement of ads may be subject to payments made by you to EverybodyWorks now or in the future (the “Payment Services”). Please see our website for a description of the pricing for current Payment Services. Please note that any payment terms presented to you in the process of using or signing up for a Payment Service are deemed part of this Agreement.
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Payment Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use Payment Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Payment Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. For all other billing inquiries please contact us at email@example.com.
We will offer no refunds. We provide the services "AS-IS". If and only if we can not fulfill the term (i.e an employer purchases a 90 day ad and due to technical issue, caused by us or an act of god, we CAN NOT meet the agreed upon 90 days, we will then offer a prorated refund for the remaining days); otherwise, no refund will be given. We make no guarantee that the purchased term limit will be consecutive days.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Usership. If you wish to terminate your Account, you may do so by following the instructions on the website or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for
This Web site contains proprietary notices and copyright information, the terms of which must be observed and followed.
Except for the limited permission in the preceding paragraph, We do not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Website or in any other media. Any software and other materials that are made available for downloading, access, or other use from the website with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.
From time to time, the website may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information. Please confirm you are using the most up-to-date pages on this website, and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in the website.
The website may contain User Content. User Content may be provided by user third-party contributors, some of whom may be anonymous. Be advised that User Content may be inaccurate, incomplete, misleading or deceptive. We do not endorse and is not responsible for any User Content, including any advice, opinion, information, or statement contained therein. You acknowledge that by accessing the website, you may come into contact with content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that We shall have no liability with respect to such content.
You must not post any User Content that is threatening, abusive, unlawful, fraudulent, discriminatory, libelous, defamatory, obscene or otherwise objectionable, or that contains ethnic, sexual, racial or other discriminating slurs. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, solicitations, advertisements, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.
You are prohibited from posting any User Content containing state, government or federal identification information or numbers (whether your own or of another person), such as national identification number, social security number, passport number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information could possibly cause identity theft. We may remove any such identification information, but we are under no obligation to do so and have no responsibility and disclaim all liability or damages for any user posting of such identification information.
We reserve the right to disclose all User Content and other relevant or related information, and the circumstances surrounding their transmission, to any third party in connection with operating the website; to protect itself, its affiliates, its partners and its users or visitors; and to comply with legal obligations or governmental requests. What this means is that we may honor law enforcement or court-mandated requests such as subpoenas or search warrants to reveal a user’s electronic address and identity, or other properly requested information.
Although we have no obligation to do so, we may monitor User Content, and reserve the right to delete any User Content or portion thereof that, that in Our sole discretion, violates the above rules, including any User Content that is unrelated to the specific area of the website on which it is posted, or that is an advertisement, or other commercial message, or that We determine in Our sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, please contact us immediately so that we may have the opportunity to consider whether to remove the content or not. Just so there is no ambiguity in these terms and conditions, We do not have any obligation to remove any User Content, and whether User Content is deemed to be inappropriate or violates any of Our Policies will always remain within the sole discretion of EverybodyWorks.
Please take note of the following: Section 230 of the U.S. Communications Decency Act provides that:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil liability No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).
Only to the extent as permitted by law, if you post content or submit material to Us, including photographs or material you grant Us a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable right and license to use, sell, make, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for the purpose of publishing material on the Our website or its publisher partners, maintaining Our website and promoting Us without restriction. You further grant to EverybodyWorks, its affiliates, and sublicensees the right to use yourname, user name, and/or trademarks and logos in connection with any such User Content or Our marketing materials or content that we might publish or display on the site.
As a user of the website, you represent, warrant and acknowledge that: (i) you own the User Content that you submit, display, post or otherwise make available on or through the website, or that you otherwise have the right to grant the license set forth in this section, (ii) that all such User Content, and its submission, display, posting or availability on or through the website does not violate any applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the website does not result in or cause any breach of contract between you and any third party. You further agree to pay for all royalties, fees, damages, and any other monies of any kind owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless EverybodyWorks and its affiliates and sublicensees from all claims of any kind resulting from any such User Content. If you desire to request to revoke the license granted by you in this Section for any such User Content, you must send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request to remove such User Content must include (a) your name, address, telephone number, and email address; (b) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (c) identification of the User Content for which the license is to be revoked, and please provide all necessary information reasonably sufficient to allow Us to locate and remove such User Content on the Site; (d) a written statement certifying that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request to remove the user content is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content that you desire to be removed from the site.
Only if you desire to do so voluntarily, you may offer feedback to Us about the functionality and performance of the website, including, without limitation, identifying ways to modify the site, potential errors, making improvements, fixing bugs, or enhancements (“Feedback”). By providing Feedback, you hereby grant to EverybodyWorks a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to use, sell, make sublicense, reproduce, perform, distribute, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that We may disclose any or all Feedback to any third party in any manner, and you agree that We may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is unsolicited, gratuitous and without restriction, and will not put Us under any confidentiality, fiduciary, or other any obligation, and that We are free to use such Feedback without any additional compensation to you, and that we are free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, we do not waive any rights to use similar or related ideas previously known to Us, or developed or created by its employees, or derived from sources other than you.
We do not want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to Us will be deemed NOT to be confidential. By sending Us any information or material, you grant tUs an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that We are free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Us for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the tab entitled “Privacy” for information regarding Our privacy policies.
Information We publish on the Internet may contain references or cross references to Our products, Services and services that are not announced or available in your country. Such references do not imply that We intend to announce or make available such products, Services, or services in your country.
This website may provide links or references to Websites and resources not controlled, owned or operated by Us. We make no representations, warranties, or other commitments or endorsements whatsoever about any such websites or third-party resources that may be referenced, accessible from, or linked to any of Our websites. In addition, We are not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from any of Our websites. When you access a website not controlled, owned or operated by Us, even one that may contain EverybodyWorks-logo, please understand that it is independent from Us, and that We do not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive Services, and to protect your information.
We consent only to links on our website in which the link and the pages that are activated by the link do not: (a) create frames around any page on our website or use other techniques that alter in any way the visual presentation or appearance of any content within our website; (b) misrepresent your relationship with Us; (c) imply that We approve or endorse you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about Us or otherwise damage the goodwill associated with Our name or trademarks. As a further condition to being permitted to link to our website, you agree that We may at any time, in Our sole discretion, terminate permission to link to our website. In such event, you agree to immediately remove all links to our website and to cease any related use of Our trademarks.
The terms set forth in this section of the Agreement relates to Users that use the Services as Job Seekers, Prospective Employees or Employees.
As a Job Seeker, you can (i) use the Services to search for jobs, (ii) apply for jobs ("Job Applications") that are advertised on the Services ("Job Listings"), (iii) receive job alert emails ("Job Alerts"), and (iv) upload your resume to the Resume Database. Through use of the Services, you have the ability to choose how to submit your Job Application through the Service using the options offered through the Service. If you choose to apply for a job advertised on the Services through a third party account such as a Facebook or LinkedIn.com account, you will be asked to log-in to the applicable account, and the profile, resume and other information that you have provided as part of any of those accounts will then be sent to the Employer that posted the applicable job on the Services. You can also submit a Job Application through your mobile device.
Please be advised that once you have submitted a Job Application your resume and other applicable information will be shared with the Employer that posted the Job Listing on the Services. Please make sure all of the information you provide as part of the job application process is complete and accurate, and should only contain information you are comfortable sharing with Employers.
Be further advised that if you submit a resume, you acknowledge and agree that we may put the resume into another format that enables searchable text for an Employer. The Employer will also be able to view your resume in the form in which you originally submitted it to EverybodyWorks.
As part of the using the Services you can include your resume as part of the Service's resume database If you choose to do this, Employers who have access to the Resume Database will be able to view your resume and all of the contact information you provide on your resume.
You can opt-out of including your resume in the EverybodyWorks Resume Database at any time by adjusting the settings in your account and we will remove your resume from the Resume Database within a reasonable amount of time. Be advised that if an Employer has already accessed your resume through the Resume Database or copied or saved your resume, that the Employer will continue to have access to your resume and all of the information you included in your resume.
As a user of the Services, You are solely responsible for your interactions with all Employers that you contact, or that contact you. Be advised that there are risks, including but not limited to the risk of physical harm, that could occur when dealing with strangers, including persons who may be acting under false pretenses or pretending that they are a prospective employer. Please use caution with regard to the information you elect to share as part of your User Profile or in a Job Application or resume that you provide through the Service to any prospective employer. You should only list the contact information that you are comfortable disclosing to Employers and other Users of the Service.
Although EverybodyWorks requests that Employers keep and maintain the confidentiality of the Job Applications and resumes they receive from job seekers through the Services, EverybodyWorks cannot and does not guarantee that the information you provide to Employers through the Services as part of a Job Application, onboarding process, employee process, or by means of a resume, will be held in confidence or properly secured by each applicable Employer. In addition, EverybodyWorks takes no responsibility and assumes no liability for any Job Listing, onboarding or other employee-related documents that any Employer posts, sends or provides via the Services.
Job Listings are created and provided by users over whom EverybodyWorks exercises no control; you acknowledge and understand that we have no control over Job Listings. Except for certain sponsored, featured or paid placements, the Job Listings contained on, or linked from, the website are indexed or posted in an automated manner. EverybodyWorks does not have any obligation to screen any Job Listing, or to include any Job Listing in its search results or other listings, and may exclude or remove any Job Listing from the website for any or no reason. We cannot confirm the accuracy or completeness of any Job Listing or other information submitted by any employer or other user, including the identity of such employer or other user. EverybodyWorks assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing. You agree that EverybodyWorks is not responsible or liable for the conduct of any Employer.
The terms set forth in this section of the Agreement relate to Employers that use the Services to seek employees to fill job positions Employers advertise for using the Services.
If you are an Employer using the Services, you agree that you will not use the Services to advertise for or promote any position that: contains inaccurate, false, or misleading information; includes any screening requirement or criterion in connection with a job ad where such requirement or criterion is not an actual and legal requirement of the job ad; involves any franchise, pyramid scheme, "club membership", distributorship, or multi-level marketing opportunity; requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples; contains content that violates applicable laws; or pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the Job Seeker would be selling, in which case such advertisements are permissible).
When using the Services, you are responsible for ensuring that your use of the Services is in compliance with all applicable laws in the states where you are advertising for job applicants.
As an Employer using the Services to place job advertisements, you are solely responsible for all activity, acts or omissions of any of your personnel, employees or authorized contractors that have an Account to use the Services (each, an "Authorized User") and you agree to comply with the following rules:
You acknowledge and agree that EverybodyWorks may, with no liability or penalty, remove any Job Advertisement, content, communication or information posted, which in the sole judgment of EverybodyWorks, violates or may violate this Agreement, all applicable laws, rules or regulations; third party terms, or may adversely affect EverybodyWorks; is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party.
We honor the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if We become aware that one of the users on Our website has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the website infringes a copyright that you own or control, please contact Us:
2025 Zumbehl Rd #121
Saint Charles, MO 63303
Attn: Copyright Agent
If you file a notice by mail with Us, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
We have no special relationship with or fiduciary duty to you or any user. You acknowledge that We have no duty to take any action regarding:
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
EVERYBODYWORKS DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
EVERYBODYWORKS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE EVERYBODYWORKS SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND EVERYBODYWORKS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
EVERYBODYWORKS DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPPA"), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH ALL APPLICABLE LAWS. EVERYBODYWORKS SPECIFICALLY DISCLAIMS THAT EVERYBODYWORKS IS IN ANY MANNER ACTING AS, OR AGREES TO WARRANT ANY COMPLIANCE WITH THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 ("ERISA") OR OTHERWISE THAT EVERYBODYWORKS IS A FIDUCIARY, TRUSTEE, 'ADMINISTRATOR' OR 'NAMED FIDUCIARY' UNDER ANY CLIENT OR CLIENT ADMINISTERED, AUTHORIZED USER EMPLOYEE BENEFIT PLAN.
TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL EVERYBODYWORKS, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, HOWEVER ARISING THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES, or (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (III) FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVERYBODYWORKS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS WE USE THAT ARE OWNED, MANAGED AND HOSTED BY A THIRD PARTY PROVIDER AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; (VII) USER CONTENT OR (VIII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY.
User acknowledges and agrees that without the foregoing exclusions and limitations of liability, We would not be able to offer the website or Services, and that such exclusions and limitations of liability shall apply, even if they would cause user’s remedies under this agreement to fail of their essential purpose. Notwithstanding the foregoing, some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages in certain circumstances, and so the foregoing limitation and exclusions may not apply to user to that extent.
The hosting center facilities supporting the Services delivered by EverybodyWorks for usage by Users shall be provided for and managed by a third party vendor (“third party vendor”) not a party to this Agreement. EverybodyWorks shall not be liable in respect of any breach or error in delivery, loss, damage or interruption to the Services caused by the third party vendor.
User agrees to indemnify and hold harmless EverybodyWorks, its affiliates, licensors, agents, and distributors and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "EverybodyWorks Parties") from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) arising from or related to (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any information that is submitted via your account; or (vi) any other party's access and use of the Services with your account or log-in information.
EverybodyWorks reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
By using the services you agree that the laws of the State of Missouri without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and EverybodyWorks.
ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SERVICES SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN ST. CHARLES COUNTY, MISSOURI EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.
CONFIDENTIAL ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA'S CONSUMER RULES"), EXCLUDING ANY RULES AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE RULES ARE AVAILABLE AT THE AMERICAN ARBITRATION ASSOCIATION'S WEBSITE.
YOU AND EVERYBODYWORKS AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.
THE ARBITRATOR SHALL APPLY MISSOURI LAW, AND THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.
IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS IN ST. CHARLES COUNTY, MISSOURI.
If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules.
You can contact us by sending an email to: firstname.lastname@example.org
In the event that either Party is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of natural disaster, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of god, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure not the fault of the affected Party or other causes beyond such Party’s reasonable control (a “Force Majeure Event”) the Party who has been so affected shall immediately give notice to the other Party and shall do everything possible to resume performance.
This website is operated by EverybodyWorks LLC located in the State of Missouri.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to email@example.com
Thank you for visiting the Website.