Last Updated 05/10/2023
Welcome to ProvenRecruiting.com (“Website”), which is owned, operated, and controlled by Proven Recruiting, Inc. (“Proven Recruiting,” “We,” or “Us”).
By visiting the Website or otherwise using the Services, You represent and warrant that You, or any entity You own or control, or, if You are authorized to act on behalf of an entity, the entity that owns or controls You, are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to lists maintained by the United Nations Security Council, the U.S. Government (including without limitation, the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority, and not located in any country to which the United States has embargoed goods or has otherwise applied any sanctions.
Please read these terms carefully before visiting the Website or otherwise using the Services. These Terms constitute a legally binding agreement between You and Proven Recruiting and affect Your legal rights, responsibilities and obligations, and limit Proven Recruiting’s liability to You. They further require You to indemnify Proven Recruiting and agree to settle certain disputes through individual arbitration. These Terms do not affect Your mandatory statutory rights under applicable laws, to the extent that such rights apply to You and cannot be limited or excluded. IF YOU DO NOT AGREE TO THESE TERMS AND ANY ADDITIONAL TERMS, DO NOT USE THE WEBSITE OR SERVICES.
Proven Recruiting reserves the right, at its sole discretion, to change these Terms or Additional Terms at any time without notice. All such changes will be in effect as of the “Last Updated” date at the top of this page. Your continued use of the Website and/or Services after the “Last Updated” date constitutes Your acceptance and agreement to such changes as more fully explained in Section 12 below.
- OWNERSHIP AND YOUR RIGHTS TO USE THE SERVICE AND CONTENT.
- The Website and Services contain materials and other items relating to Proven Recruiting, including layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, and the “look and feel” of the Service, (together, the “Content”) including all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein (“Intellectual Property”). All Content herein is owned or controlled by Proven Recruiting, its licensors, or certain other parties. All rights, title, and interest in and to the Content available via the Services are the property of Proven Recruiting, its licensors, or certain other parties, and are protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Proven Recruiting owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services.
- Your Rights to Use the Services and Content. Subject to Your strict compliance with these Terms and any applicable Additional Terms, Proven Recruiting grants you a limited, non-exclusive, revocable, non-commercial, non-assignable, personal, and non-transferable license to download, display, view, or use the Website, Services, or Content on a computer, mobile, or other Internet-enabled or permitted device (“Device”) as it is displayed to you for your personal, non-commercial use only (“Licensed Elements”). The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any Content. Your unauthorized use of the Services or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Your right to access and use the Services and the Intellectual Property shall automatically terminate upon any violations. As Your right to access and use the Services and the Content is personal to You, You may not assign or transfer your right; any attempt to do so is void.
- Subject to any applicable Additional Terms, You may (i) share the Content on social media (ii) initiate and send communications to one or more of Your contacts that includes a copy of the Content, and/or (iii) post the Content to third-party services, including Your own personal non-commercial website; provided, however, that (i) You share the Content in a manner that does not violate applicable law or the rights of any third-party, including without limitation intellectual property rights, rights of publicity, and rights of privacy, (ii) You do not take any action that may reflect negatively on Proven Recruiting or its licensors, and (iii) You only send communications to recipients You have permission to contact.
- Media Downloads. If the Service includes a “Download” link next to a piece of Content (including, without limitation, an image, an icon, or a video), you may only download a single copy of such content to a single Device.
- Software Downloads. You may use any software that Proven Recruiting makes available on or through the Website (“Software”) on your Device in machine-executable object code form only and You may make one additional copy for back-up purposes; provided, however, that You understand and agree that (i) by allowing You to use the Software, Proven Recruiting does not transfer title to the Software to You; (ii) You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software, except as expressly authorized in these Terms or applicable Additional Terms,; (iii) You may not assign, rent, lease, or lend the Software to any person or entity and any attempt by You to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) You may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.
- Account Registration. If applicable, You may register for a personal account (and/or related username and password) on the Website (“Account”) and use such Account to interact with the Website, Services, and Content as more fully explained in Section 5 below.
- Post Certain Links. You may post a link to the Website or Services on your own personal non-commercial website or other social media pages (collectively “Sites”), provided (i) such links only incorporate text, and do not use any Proven Recruiting names, logos, or images, (ii) Your Sites (a) do not suggest any affiliation with or sponsorship by Proven Recruiting or cause any other confusion with the Proven Recruiting brand, (b) do not portray Proven Recruiting or its products and services in a false, misleading, derogatory, or otherwise offensive manner, and (c) do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violates any right of any third-party or are otherwise objectionable to Proven Recruiting. Proven Recruiting reserves the right to suspend or prohibit linking to the Website or Services for any reason, in its sole discretion, without advance notice or any liability of any kind.
- You may use any other functionality expressly provided by Proven Recruiting on the Website or through the Services for use, subject to these Terms or any applicable Additional Terms.
- Rights of Others. Your use of the Website and any Services hereunder may not violate the rights of Proven Recruiting or any third-party, including without limitation, intellectual property rights, rights of publicity, and rights of privacy. Any unauthorized use of the Content contained herein, or the related intellectual property rights thereof, that violates the rights of others or any applicable laws may result in Your civil and criminal liability. Any third-party that believes his/her work has been infringed via the Services, see Section 6
- Reservation of Rights. These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Website, Services, and Content contained herein. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY Proven Recruiting AND ITS LICENSORS AND OTHER PARTIES. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Website, Content, or Services for any purpose is strictly prohibited.
- CONTENT YOU SUBMIT AND USAGE RULES.
- Proven Recruiting may now, or in the future, provide the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit to Proven Recruiting (i) through the Website, (ii) its Services, or (iii) via certain third-party platforms, in connection with any Proven Recruiting marketing or promotions in any media or manner, messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein, (collectively, “User-Generated Content” or “UGC”). Subject to the rights and licenses You grant Proven Recruiting under these Terms and subject to any applicable Additional Terms, You retain whatever legally identifiable right, title, and interest that you may have in your UGC, provided, however, that none of Your UGC contains any Content.
- License to Proven Recruiting of UGC. Except as otherwise described in any applicable Additional Terms that specifically govern the submission of your UGC, You hereby grant Proven Recruiting, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the rights granted include the right to: (i) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine the same with other materials, and (ii) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services. In exercising its rights hereunder, Proven Recruiting may remove or alter metadata, notices, and content, including copyright management information from the UGC. You consent to such alteration and/or removal and further represent and warrant that You have all necessary authority to do so. As permitted by applicable law, You grant Proven Recruiting the unconditional, perpetual, and irrevocable right to use and exploit Your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to You. Except as prohibited by law, You waive any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to You. To the extent not waivable, You irrevocably agree not to exercise such moral rights (if any) in a manner that interferes with Proven Recruiting’s exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 3.
- Representations and Warranties Related to UGC. Each time you submit any UGC for use in the Services, You represent and warrant that (i) You are at least the age of majority in the jurisdiction in which You reside, (ii) You are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and (iii) as to all UGC, (a) You are the sole author and owner of all intellectual property and other rights in and to the UGC, (b) You have a lawful right or authority to submit the UGC and grant Proven Recruiting the rights under these Terms and any applicable Additional Terms, without the need for Proven Recruiting to obtain consent of any third-party and without creating any other obligation or liability of Proven Recruiting; (c) the UGC is accurate; (d) the UGC does not and, as to Proven Recruiting’s permitted uses and exploitation set forth in these Terms, will not infringe any right of any third-party, including without limitation intellectual property rights, rights of publicity, and rights of privacy; and (e) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.
- Proven Recruiting has no obligation to monitor or enforce any intellectual property rights to Your UGC, but You grant Proven Recruiting the right to protect and enforce its rights in and to Your UGC, including initiating actions in Your name and on Your behalf (at Proven Recruiting’s cost and expense, to which you hereby consent and irrevocably appoint Proven Recruiting as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
- Your UGC. All UGC must either originate from You or You must obtain all necessary rights in and to it from third parties in order to permit Your compliance with these Terms and any applicable Additional Terms. Your UGC should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any UGC that belongs to other people and pass it off as Your own; this includes any content that You might have found elsewhere on the Internet. If anyone contributes to your UGC or has any rights to Your UGC, or if anyone appears or is referenced in the UGC, then You must also have their permission to submit such UGC to Proven Recruiting. (For example, if someone has taken a picture of you and your friend, and you submit that photo to Proven Recruiting as your UGC, then you must obtain the permission of your friend and the photographer to do so).
- Offensive Content. If You think your UGC might offend someone or be embarrassing to someone, then chances are it probably will, and it doesn’t belong on the Services. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your UGC must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, religion, or handicap. Your UGC must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit. Your UGC must not exploit children under the age of 18. Without limitation, Proven Recruiting may, but does not commit to, address content as outlined in this Section 7 that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms.
- Do Not Use for Inappropriate Purposes. Your UGC must not promote any infringing, illegal, or other similarly inappropriate activity.
- Be Honest and Do Not Misrepresent Yourself or Your UGC. Do not impersonate any other individual, user, or company, and do not submit UGC that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company. In the event you receive anything in consideration from Proven Recruiting with respect to your UGC (e.g., coupons, sweepstakes entries, etc.) You represent you will include disclosure of the receipt of this consideration clearly and conspicuously as part of the UGC and include any other disclosures we may require.
- UGC Violations. If You submit UGC that Proven Recruiting reasonably believes violates these Terms, Proven Recruiting may take any legally available action that it deems appropriate, in its sole discretion. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, removal from use of the Services.
- SERVICES AND CONTENT USE RESTRICTIONS.
- Prohibited Use. You agree that you will not use the Services in a manner that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive; that violates any right of any third-party; or that is otherwise objectionable to Proven Recruiting. Proven Recruiting reserves the more general and broad right to terminate your account or suspend or otherwise deny Your access to the Services or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.
- Services Use Restrictions. You agree that You will not: (i) use the Services for any political or commercial purpose in competition with us (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Intellectual Property; (iii) use the Services to engage in any activities that harm or attempt to harm any individuals or entities; (iv) use the Services to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Services by any means whatsoever; (v) modify any source or object code accessible on the Service nor other products, services, or processes accessible through any portion of the Services; (vi) engage in any activity that interferes with another user’s access to the Services, the proper operation of the Services, or that otherwise causes harm to the Services, Proven Recruiting, or other users of the Services; (vii) interfere with or circumvent any security feature (including any digital rights management mechanism, device, or other content protection or access control measure) of the Services or any feature that restricts or limits the use of or access to the Services, the Content, or the UGC; (viii) harvest or otherwise collect or store any information, including personally identifiable information about other users of the Services, including email addresses, without the express consent of such users; (ix) attempt to gain unauthorized access to the Services or other computer systems or networks connected to the Services through password mining or any other means; or (x) otherwise violate these Terms or any applicable Additional Terms.
- Content Use Restrictions. While using the Services You agree: (i) to keep intact all trademark, copyright, and other Intellectual Property or other notices contained in the Content; (ii) to not use the Content in a manner that suggests an unauthorized association with any products, services, or brands; (iii) to not make any modifications to the Content (other than to the extent of your specifically permitted use of Licensed Elements, if applicable); (iv) to not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of Proven Recruiting or, in the case of content from a licensor, the owner of the Content; and (v) to not insert any code or product to manipulate such Content in any way that adversely affects the Services.
- Availability of Services and Content. Proven Recruiting, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Services and/or Content (and any elements and features of them), in whole or in part, for any reason.
- PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT.
- DMCA Requirements. We are committed to complying with U.S. copyright and related intellectual property laws. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). It is our policy to remove and/or discontinue Services to repeat offenders. If any person or entity believes their copyrighted work has been copied and used on the Services in a way that constitutes copyright infringement, they may notify us by providing our copyright agent with the following information in accordance with the requirements of the DMCA:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- Identification of the location where the original or an authorized copy of the copyrighted work exists.
- Identification of the URL or other specific location on the Services where the material you claim is infringing is located, and enough information to allow us to locate the material.
- Your name, address, telephone number, and email address so that we may contact you.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Proven Recruiting will only respond to DMCA Notices that it receives by the email or phone number listed directly below.
Proven Recruiting may elect to not respond to DMCA notices that do not substantially comply with all of the foregoing requirements, and it may elect to take any and all action it deems appropriate based on notices that do not substantially comply with the DMCA.
- DMCA Counter-Notification. If access to the Services is disabled or the infringing work is removed as a result of a DMCA copyright infringement notice, and You believe in good faith that this was the result of mistake or misidentification, then You may submit a “Counter-Notification” to the email address listed above. The DMCA Counter-Notification should contain the following information:
- a legend or subject line that says: “DMCA Counter-Notification”;
- a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Services from which the material was removed or access to it disabled);
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your full name, address, telephone number, email address, and the username of your account with us (if any);
- a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Southern District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
- your electronic or physical signature.
- Receipt of DMCA Counter-Notification. If Proven Recruiting receives a DMCA Counter-Notification, then Proven Recruiting may, in its sole discretion, reverse any action previously taken with respect to the related DMCA Notification. Upon receipt of a Counter-Notification that satisfies the requirements of DMCA, We will provide a copy of the Counter-Notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures regarding counter notification. All Counter-Notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act. In all events, You expressly agree that neither Proven Recruiting nor its employees, officers, directors, or agents will be a party to any disputes or lawsuits regarding alleged copyright infringement. Please note You may be held liable for money damages if you materially misrepresent an activity is infringing your copyrights.
- NOTICES, QUESTIONS, AND CUSTOMER SERVICE.
- Notices to You. You agree that we may give you notices or otherwise respond to You by mail or to Your email (if we have it on file) or in any other manner reasonably elected by us. You agree that all agreements, notices, disclosures, and other communications that Proven Recruiting provides to you may be sent electronically, and that such communication is valid and satisfies any legal requirement that such communications be in writing.
- Notices to Proven Recruiting. All legal notices to Proven Recruiting must be sent to Proven Recruiting, 10680 Treena Street, #530, San Diego, CA 92131. If You have a question regarding the Services, You may contact Proven Recruiting at firstname.lastname@example.org. You acknowledge that Proven Recruiting has no obligation to provide You with customer support of any kind and that customer service personnel cannot change or waive Terms or applicable Additional Terms.
- PRODUCT SPECIFICATIONS; TYPOGRAPHICAL ERRORS. We strive to accurately describe our products or services offered on the Services; however, we do not warrant that such specifications or other content on the Services are complete, accurate, reliable, current, or error-free.
- DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION; CLASS ACTION, CLASS ARBITRATION, AND COLLECTIVE ARBITRATION WAIVERS.
- Class or Collective Arbitration; Class Action Waiver; Collective Arbitration Waiver. You agree that all Disputes between you and Proven Recruiting will be arbitrated individually, and that there will be no class, collective, coordinated representative, or consolidated actions in arbitration (“Class or Collective Arbitration” as more fully defined below). You further agree that any action or agreement by You to bring claims or to participate in any claims related to a Dispute in a Class or Collective Arbitration is contrary to these Terms. A Class or Collective Arbitration shall include, but is not limited to, any claim (i) to resolve a Dispute involving two (2) or more similar claims for arbitration filed by or on behalf of one or more claimants; (ii) which involves common questions of law or fact; (iii) which involves an agreement to cooperate or coordinate the arbitration demands being asserted against the same defendant(s); and (iv) is initiated at or near the same time. You agree that this Class Action Waiver and Collective Arbitration Waiver shall be binding in any arbitral proceeding. No arbitrator shall have the authority to consolidate, join, or allow the coordination of more than one (1) person’s claims or to preside over a class, collective, mass, or representative proceeding in any form. No arbitrator shall have the authority to determine the enforceability of this Section 2. If you or Proven Recruiting brings a claim in small claims court, the Class Action Waiver will apply, and neither of us can bring a claim on a class or representative basis. Furthermore, neither you nor Proven Recruiting may participate in a class or representative action as a class member if the class action asserts Disputes that would fall within the scope of this arbitration agreement if they were directly asserted by you or Proven Recruiting. Both parties agree that this Class Action Waiver is an essential part of this arbitration agreement and that if this Class Action Waiver is found to be unenforceable by any court, then the entire arbitration agreement set forth in this Section 9 will not apply to any Disputes between you and Proven Recruiting except for the provisions of Section 9.6 waiving the right to a jury trial. This Class Action and Collective Arbitration Waiver may not be severed from our arbitration agreement.
- Arbitrator Authority. The arbitration between you and Proven Recruiting will be binding. In arbitration, there is no judge and no jury. Instead, our disputes will be resolved by an arbitrator, whose authority is governed by these Terms. You and Proven Recruiting agree that an arbitrator may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to these Terms. An arbitrator may award attorneys’ fees and costs if a court would be authorized to do so and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond you and your dealings with Proven Recruiting. Review of arbitration decisions in the courts is very limited.
- Informal Dispute Resolution. You and Proven Recruiting agree that you will try to resolve disputes informally before resorting to arbitration. If you have a dispute, first contact Proven Recruiting here: email@example.com If an Proven Recruiting representative is unable to resolve your dispute in a timely manner, you agree to then notify Proven Recruiting of the dispute by sending a written description of your claim to Proven Recruiting at firstname.lastname@example.org so that Proven Recruiting can attempt to resolve it with You. If Proven Recruiting does not satisfactorily resolve Your claim within thirty (30) calendar days of receiving written notice to Proven Recruiting of your claim, then you may pursue the claim in arbitration. Neither You nor Proven Recruiting may initiate arbitration without first following the informal dispute resolution procedure provided in this paragraph and thereafter, if the dispute is still not resolved, the party who desires to initiate arbitration must provide the other written notice of the intent to file for arbitration. If You are sending a written notice of your intent to file for arbitration to Proven Recruiting, please send such notice via U.S. mail to Proven Recruiting, 10680 Treena Street, #530, San Diego, CA 92131. If Proven Recruiting is sending You a written notice of our intent to file for arbitration, we will send it to the last known address of record we have on file for You.
- Arbitration Procedures. You and Proven Recruiting agree that these Terms and the Services Proven Recruiting provides to you affect interstate commerce and that the Federal Arbitration Act, and not state arbitration laws, applies for all Disputes. All arbitrations shall be conducted by the American Arbitration Association (“AAA”). The AAA’s rules are available on its website at adr.orgor by calling 1-800-778-7879. If the claim asserted in arbitration is for less than $75,000, the AAA’s Consumer Arbitration Rules will apply. If the claim asserted is for $75,000 or more, the Commercial Arbitration Rules will apply. If there is a conflict between the AAA’s rules and this dispute resolution agreement, this dispute resolution agreement shall control. To initiate arbitration, You must send a letter requesting arbitration and describing Your claims to Proven Recruiting at email@example.com or via U.S. mail to Proven Recruiting, 10680 Treena Street, #530, San Diego, CA 92131. You must also comply with the AAA’s rules regarding initiation of arbitration.
- Jury Trial Waiver. If for any reason this arbitration agreement is found to be unenforceable, You and Proven Recruiting expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY.This means that a Judge rather than a Jury will decide disputes between You and Proven Recruiting if, for any reason, the arbitration agreement is not enforced.
- DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.
AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK, AND THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. To the fullest extent permissible by applicable law, Proven Recruiting and its direct and indirect parents, subsidiaries, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Proven Recruiting Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Services, Content, the Licensed Elements, UGC, or other Proven Recruiting products or services, except as explicitly set forth below.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, Proven Recruiting PARTIES HEREBY FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (i) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY Proven Recruiting PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY Proven Recruiting PARTIES TO YOU OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (ii) Proven Recruiting PARTIES LIABILITY FOR PERSONAL INJURY TO YOU TO THE EXTENT SUCH IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (iii) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST THE Proven Recruiting PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
- LIMITATIONS OF OUR LIABILITY.
AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY OF THE Proven Recruiting PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, IN CONNECTION WITH, OR OTHERWISE DIRECTLY OR INDIRECTLY RELATED TO, WITHOUT LIMITATION, THE SERVICES, CONTENT, THE LICENSED ELEMENTS, UGC OR OTHER PROVEN RECRUITING PRODUCTS OR SERVICES, EXCEPT, TO THE EXTENT NOT WAIVABLE UNDER APPLICABLE LAW, FOR DIRECT DAMAGES FOR PERSONAL INJURY CAUSED BY A PHYSICAL PRODUCT MANUFACTURED, SOLD, OR PROVIDED BY PROVEN RECRUITING. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF THE PROVEN RECRUITING PARTIES WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SERVICES).
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE Proven Recruiting PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID Proven Recruiting IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE(S) THE CLAIM(S).
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (i) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY Proven Recruiting PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY Proven Recruiting PARTIES TO YOU OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (ii) Proven Recruiting PARTIES LIABILITY FOR PERSONAL INJURY TO YOU TO THE EXTENT SUCH IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (iii) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST THE Proven Recruiting PARTIES THAT IS NOT WAIVABLE OR C.ANNOT BE LIMITED UNDER APPLICABLE LAW.
- GENERAL PROVISIONS.
- Proven Recruiting’s Consent or Approval. As to any provision in these Terms or any applicable Additional Terms that grants Proven Recruiting a right of consent or approval or permits Proven Recruiting to exercise a right in its “sole discretion,” Proven Recruiting may exercise that right in its sole and absolute discretion. Note Proven Recruiting’s consent or approval may be deemed to have been granted by Proven Recruiting without being in writing and signed by an officer of Proven Recruiting.
- Operation of the Services; Availability of Products and Services; International Issues. Proven Recruiting controls and operates the Services from the U.S., and makes no representation that the Services are appropriate or available for use beyond the U.S. If you use the Services from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.
- Export Controls. You are responsible for complying with all applicable export, sanctions and trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
- Severability; Interpretation. If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. To the extent permitted by applicable law, You agree to waive and will waive any applicable statutory and common law that may permit a contract to be construed against its drafter.
- Proven Recruiting may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by You, and You may not delegate your duties under them, without the prior written consent of an officer of Proven Recruiting.
- Entire Agreement; No Waiver. These Terms, and any applicable Additional Terms, reflect the entire agreement between You and Proven Recruiting regarding the use of the Website, Content, and Services and supersede any prior and contemporaneous agreements, representations, warranties, assurances, or discussion related to the Services or regarding the subject matter herein. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) any failure or delay in exercising any of the rights, powers, or remedies under these Terms or other legal right will not operate as a waiver of such or any other right, power, or remedy, and (ii) any waiver of any provision of these Terms or any applicable Additional Terms will not be effective unless made in writing and signed by the party against whom the waiver is sought to be enforced.
- Applicable Law. These Terms and any applicable Additional Terms will be governed by and construed in accordance with, and any Dispute will be resolved in accordance with, the laws of the State of California, without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.