Terms and Conditions
Selfpre
Terms of Use
Revised: February, 01-2022
These Terms of Use are effective immediately
for unregistered users and users registering accounts or otherwise
acknowledging acceptance of these terms on or after the revision date. For
other users who registered accounts before the revision date, it will become
effective thirty (30) days after the revision date.
These Terms of Use (the "Terms") govern
your access to and use of our websites, emails and mobile applications ("Selfpre").
These Terms also include our Privacy and Cookie Policy. By
accessing and using Selfpre, you agree to comply with these Terms. If you are
using Selfpre on behalf of a company or other legal entity, then
"you" also means such company or legal entity and you agree to be
bound by these Terms even if we have a separate agreement with you. You may not
use Selfpre if you do not agree to the version of the Terms posted on Selfpre
at the time you access Selfpre.
The
terms "we" and "us" refer to:
- Selfpre, Inc.,.
Please note: These Terms require the
use of arbitration on an individual basis to resolve disputes, rather than jury
trials or class actions, and also limit the remedies available to you in the
event of a dispute.
1. Eligibility to Use Selfpre
A. To
access or use Selfpre, you must be at least 16 years of age or, if older, the
age of majority in your jurisdiction, otherwise you may not use Selfpre. An
employer and its authorized agent(s) are permitted to use the employer's Free
Employer Account and any data about that employer provided via that account
for the employer's internal business purposes. Except as set forth above, or as
otherwise approved by us, Selfpre is for your personal, non-commercial use
unless you enter into a separate agreement with us for your commercial use. You
may not use Selfpre if we have terminated your account or banned you.
2. Your Selfpre Account
1. Selfpre Account. In order for you to
create a Selfpre account, we require that you provide a valid email address.
The email you use must be one where we can reach you. In the event we cannot
correspond with you via this email address, your submitted content may be
rejected and your account may be disabled. Other registration requirements
(such as, a click on a link in a Selfpre job alert email by unregistered users
who create job alerts, or a requirement for individuals to contribute no more
than one company review, interview review, and/or salary details of a current
or former job per year) may also apply. Once you have set up a password, you
will be given access to your profile and other private areas of your account.
You are responsible for maintaining the confidentiality of your password. You agree
to notify us immediately if you suspect any unauthorized use of your account or
access to your password. You are solely responsible for any and all use of your
account. Passwords are subject to cancellation or suspension by Selfpre at any
time. When you set up an individual user account on Selfpre, we create a member
profile (a "Profile") for you that will include personal information
you provide. We will update your Profile with information we extract from
resumes you upload on Selfpre. You may permit us to share information in your
Profile with prospective employers, recruiters, and others. Subject to
visibility settings that you control, subscribers to services we may introduce
will be able to view information in your Profile. Because your anonymity on Selfpre
is important, your Profile does not include
or link to information about the reviews or salary information you submit to Selfpre.
However, we may ask you to provide, and we may subsequently collect if you
agree to provide, certain categories of sensitive personal information (e.g.,
race/ethnicity, sexual orientation). You may also have the opportunity to
associate this sensitive personal information (and some nonsensitive personal
information) with your reviews. The intended use for this data will be
disclosed in detail at the time of collection; please be aware that you do not
have to share your personal information beyond the level you feel comfortable.
You can read more about our diversity and inclusion privacy efforts in
our Privacy Policy.
2. Social Sign Up and Sign In. You may be able to
register an account and subsequently access Selfpre through a social networking
site, such as Facebook("Social Networking Site"). If you access Selfpre
through a Social Networking Site you agree that we may access, make available
through Selfpre, and store (if applicable) any information, data, text,
messages, tags, and/or other materials that you have provided to and stored and
made accessible in your Social Networking Site account so that it is available
on and through Selfpre via your account and your Profile page. Subject to the
privacy settings that you have set with the Social Networking Site account you
use to access Selfpre, personally identifiable information that you post to
that Social Networking Site may be displayed on Selfpre. Please note: your
relationship with your Social Networking Sites is governed solely by your
agreement with those Social Networking Sites and we disclaim any liability for
personally identifiable information that may be provided to us by a Social
Networking Site in violation of the privacy settings that you have set with
that Social Networking Site account.
3. Using Selfpre
1. Third-Party Content on Selfpre. Content from other
users, advertisers, and other third parties is made available to you through Selfpre.
"Content" means any work of authorship or information, including
salaries, company reviews, interview reviews, company photos, logos, employer
responses, job ads, employer profile information, advertisements, comments,
opinions, postings, resumes, messages, text, files, images, photos, works of
authorship, e-mail, data or other materials you find on Selfpre. Because we do
not control such Content, you understand and agree that: (1) we are not
responsible for, and do not endorse, any such Content, including advertising
and information about third-party products and services, job ads, or the
employer, interview and salary-related information provided by other users; (2)
we make no guarantees about the accuracy, currency, suitability, reliability or
quality of the information in such Content; and (3) we assume no responsibility
for unintended, objectionable, inaccurate, misleading, or unlawful Content made
available by users, advertisers, and third parties.
Selfpre
may make available content hosted by YouTube. By interacting with the YouTube
Client and viewing YouTube content, you agree to YouTube's Terms of Service.
In
accordance with Section
230 of the U.S. Communications Decency Act, and any equivalent or
similar laws in other jurisdictions which are intended to exclude or limit the
liability of online service providers who provide access to user-generated
content, we generally cannot be held liable for claims arising from the Content
provided by third parties on Selfpre. For more information please see our Legal
FAQs.
We
allow users to post content about employers when they have been employed by the
employer as a full-time, part-time, contractor, freelancer, independent
employee, or provide work that is an integral part of the employer's value
chain. We also allow users to review the staffing firms that place them in
these roles. We consider all workers in these roles as 'employees' with regard
to Content left on Selfpre. While we provide the option for Selfpre reviewers
to specify the category of their employment when they leave a review (e.g
contractor, freelancer, etc.), we do not consider this a requirement. It does
not violate our Community Guidelines or these Terms for a worker in any one of
these roles to leave a review as an "employee."
2. House Rules. You represent and warrant that you will use Selfpre
solely for lawful purposes in a manner consistent with these Terms and any and
all applicable laws, regulations, or other legally enforceable obligations
(including contractual obligations) you may have towards us and any third
parties. You are solely responsible for any and all Content that is posted
through your account on Selfpre ("Your Content"). You agree that by
submitting or authorizing Your Content for use on Selfpre, you have reviewed
and understood our Community Guidelines. You
understand that you may expose yourself to liability if Your Content or other
use of Selfpre violates applicable law or any third-party right.
You
agree that you will not:
·
Impersonate another
person, or his or her email address, or misrepresent your current or former
affiliation with an employer;
·
Create user accounts
under false or fraudulent pretenses; create or use an account for anyone other
than yourself; or create multiple active user accounts to post multiple reviews
for the same company
·
Post Content that you do
not own or have the right to post in accordance with the license set forth in
these Terms;
·
Violate these Terms, the
terms of your agreements with us, explicit restrictions set forth in our
Community Guidelines, or any applicable law, rule or regulation;
·
Post Content that is
defamatory, libelous, or fraudulent; that you know to be false or misleading;
or that does not reflect your honest opinion and experience;
·
Act in a manner that is
harassing, threatening, abusive, racist or bigoted, is otherwise objectionable
(as determined by Selfpre);
·
Promote, endorse or
further illegal activities;
·
Disclose information in
violation of any legally enforceable confidentiality, non-disclosure or other
contractual restrictions or rights of any third party, including any current or
former employers or potential employers;
·
Violate the privacy,
publicity, copyright, patent, trademark, trade secret, or other intellectual
property or proprietary rights of any third-party;
·
Post anything
pornographic or sexually explicit in nature, or engage in the exploitation of
persons in a sexual or violent manner;
·
Solicit personally
identifying information from minors;
·
Except as expressly
approved by us, and subject to applicable laws, use Selfpre for commercial
activities and/or promotions such as contests, sweepstakes, barter, pyramid
schemes, advertising, affiliate links, and other forms of solicitation;
·
Imply a Selfpre
endorsement or partnership of any kind without our express written permission;
·
Send messages in
violation of the USA CAN-SPAM Act or any other applicable anti-spam law;
·
Introduce software or
automated agents to Selfpre, or access Selfpre so as to produce multiple
accounts, generate automated messages, or to scrape, strip or mine data from Selfpre
without our express written permission;
·
"Frame" or
"mirror" or otherwise incorporate part of Selfpre into any website,
or "deep-link" to any portion of Selfpre without our express written
permission.
·
Copy, modify or create
derivative works of Selfpre or any Content (excluding Your Content) without our
express written permission);
·
Copy or use the
information, Content (excluding Your Content), or data on Selfpre in connection
with a competitive service, as determined by Selfpre;
·
Sell, resell, rent,
lease, loan, trade or otherwise monetize access to Selfpre or any Content
(excluding Your Content) without our express written permission;
·
Interfere with, disrupt,
modify, reverse engineer, or decompile any data or functionality of Selfpre;
·
Interfere with, disrupt,
or create an undue burden on Selfpre or the networks or services connected to Selfpre;
·
Introduce any viruses,
Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar
software to Selfpre; or Attempt to circumvent any security feature of Selfpre;
3. Links to Third-Party Websites. Selfpre may contain
links to third-party websites placed by us as a service to those interested in
this information, or posted by other users. Your use of all such links to
third-party websites is at your own risk. We do not monitor or have any control
over, and make no claim or representation regarding third-party websites. To
the extent such links are provided by us, they are provided only as a
convenience, and a link to a third-party website does not imply our
endorsement, adoption or sponsorship of, or affiliation with, such third-party
website. When you leave Selfpre, our terms and policies do not govern your use
of third-party websites.
4. Applying on Selfpre. Some of our job
postings allow you to complete and submit your application on Selfpre. We
provide this service by working directly with an employer or by searching the
Internet for the best contact information we can find for an employer. When you
click the "Apply" button to submit an application on Selfpre, we send
your application to the most appropriate contact information we have on file
for that employer.
While
we endeavor to make this service the best it can be, employer websites are not
controlled by us, and we cannot guarantee that your application will be
properly received and logged by the third-party employer website upon
transmission. If you have any reason to think your application was not received
by an employer, we suggest you contact them directly to confirm.
Selfpre
does not guarantee the identity of an employer or any individuals working for
any employers, and cautions job seekers when applying to jobs. Selfpre does not
guarantee the validity of a job offer and cautions job seekers to verify the
validity of a job offer before taking an adverse action regarding their current
employment situations. You are solely responsible for verifying the accuracy of
any employer or job offer.
5. Selfpre Messaging Service. Selfpre provides
the Selfpre Messaging Service, a two-way message proxy
and relay system. By utilizing the Selfpre Messaging Service, you acknowledge
that you are asking Selfpre to send these messages on your behalf. This
includes your resumes, cover letters, applications, messages, questionnaire
answers, responses, offer letters and other materials. When communicating
through the Selfpre Messaging Service, you will see an email address with an
@messaging.Selfpre.com ending. You understand that you retain no ownership
rights in this email address, which is specific to eEmployers’ job postings,
but is owned by Selfpre. However, the Selfpre Messaging Service will show the
name associated with your account or job application in the “To:” or “From:”
field. Selfpre may also insert functionality into messages relating to your
application allowing you to place calls directly to third parties. Please note
this functionality is provided solely as a courtesy and that such calls are not
placed through or tracked by Selfpre. Since the Selfpre Messaging Services depend
on the functionality of third-party providers, there may be technical delays on
the part of those email service providers. Selfpre assumes no responsibility
for the communications between parties using the Selfpre Messaging Service,
which communications are the sole responsibility of the parties using the
service.
When
you ask Selfpre to transmit an application or a message, including, but not
limited to, a signed offer letter, to an employer via Easy Apply or the Selfpre
Messaging Service or store such application, you understand that this is
without warranty, and that Selfpre reserves the right to reformat such
application or message. Selfpre reserves the right to verify and confirm the
identity of any party associated with an email relay. We also reserve the right
to drop messages in accordance with these Terms, including without limitation
dropping any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe,
.hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst, .pif, .scr,
.sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment
for any or no reason.
6. Salary Estimates. In certain markets we
may offer salary estimate features that help you to better know your worth by
means of personalized market value or salary estimates (currently described on
our site here), salary estimates for job roles and salary estimates for
specific job openings. Unless otherwise indicated, we estimate base salary only
and do not include the value of bonus, equity, benefits, or other forms of
compensation. Though we may offer employers the ability to supplement or
replace our salary estimates with their own data, users should understand that,
unless indicated otherwise, results do not represent verified salaries,
guarantees of actual salaries, or endorsements from employers. Their purpose is
to provide data to promote transparency, help people better know their worth
and thereby make informed decisions. We do not guarantee the accuracy of
results and you are responsible for how you use them. We encourage you to
supplement Selfpre's salary estimates with other research. If you are an
Employer with a Free Employer Account, you have the ability to update your pay
ranges by logging into the Employer Center and clicking on the "Jobs &
Recruiting" tab and then "All Jobs". If you have other questions
or want to provide other feedback on salary estimates, please contact us here.
7. Free Templates. From time to time we may provide you with
templates for your use, such as, templates to help employers solicit reviews
from your employees, or templates to help employers with job descriptions for
job postings, or templates to help job seekers craft their resumes. You
understand and agree that the templates we offer through Selfpre are provided
as suggestions and their contents do not constitute legal or employment advice.
With respect to job description templates, you understand and agree that we
cannot guarantee that a description properly applies to the specific
circumstances of your hiring needs. You accept that your use of any template
provided by Selfpre is at your own risk.
4. Special Provisions Applicable To Employers
1. Posting Jobs on Selfpre. You may not post any
job ad that:
·
Does not comply with the
applicable laws or regulations of the state and country where the job is to be
performed, including laws relating to labor and employment, equal employment
opportunity and employment eligibility requirements, data privacy, data access
and use and intellectual property;
·
Contains false
information or solicits employees by intentional misrepresentation, such as,
misrepresentation of the terms of employment, the hiring entity, or the
identity of the poster;
·
Requires an application
fee or up-front or periodic payments; requires recruitments of others; resembles
a multi-level marketing scheme, franchise, pyramid scheme, "club
membership", distributorship or sales representative agency arrangement;
or only pays commissions (except where the listing makes clear that the
available job pays commission only and clearly describes the product or service
that the job seeker would be selling); or resembles a multi-level marketing
scheme (unless you comply with the Selfpre Guidelines for
Multi-Level Marketing Companies).
·
Involves any screening
requirement where such screening requirement is not an actual and legal
requirement of the advertised position;
·
Contains any logo or
brands, or link to website, other than your own or those of any entity for
which you are authorized to submit job ads;
·
Contains multiple job openings
in a single job ad (unless you've purchased a service that permits this);
·
Does not comply with
Title VII of the Civil Rights Act or the EEOC's
Enforcement Guidance on Employer's Consideration of Arrest and Conviction
Records in Employment Decisions, and relevant state and
local laws that prohibit employers from discriminating against people with
criminal backgrounds and require employers to delay inquiry into an applicant's
criminal history until later in the hiring process.
·
Discriminates against
applicants on the basis of gender, race, religion, sexual orientation, age,
disability, or any other ground(s) prohibited by applicable law, in each case
as determined in Selfpre's reasonable discretion.
You agree that Selfpre may, at its sole discretion, remove or
prevent the posting of any job ad for any or no reason.
2. Reviews on Selfpre. You may not offer
incentives in exchange for company or interview reviews. You may not trade reviews
with other employers. We will remove reviews where we have evidence that users
were compensated to leave reviews.
You may
not coerce employees to leave reviews. Coercion includes asking employees to
provide proof to an employer that they wrote a review whether or not that proof
includes the content of the review itself.
If you
are a multi-level marketing company, you agree that you have reviewed and will
abide by the Selfpre Guidelines for Multi-Level Marketing Companies.
3. Communications with Job Seekers. We may inform a user
when you have taken an action with respect to information we have shared with
you on behalf of that user, such as when you open the user's application, view
their resume, view their profile on Selfpre, and/or make a decision about their
application. When you view, store or receive materials through your use of Selfpre,
we may use such materials for data analysis, quality control, or to refine our
platform and services. We may also share with our users our observations based
on such data analysis. For example, we may tell our users which employers are
more likely to open applications submitted to Selfpre, which employers are
active on Selfpre, and how long certain aspects of the candidate process take
on average for a given employer. We may, on your behalf, send out reminder
emails to Job Seekers you wish to interview. Selfpre may also send emails to
Job Seekers on your behalf indicating that your job posting is potentially a
match for the Job Seeker’s resume. You understand and agree that Selfpre may
take such actions.
5. Special Provisions Applicable to Advertisers
This
provision applies to all advertisers, including employers who purchase job ads
or display ads. Unless we agree otherwise, you may not use or otherwise process
data collected or derived from ads ("Ad Data") for
any purpose (including retargeting, building or augmenting user profiles,
allowing piggybacking or redirecting with tags, or combining with data across
multiple advertisers' campaigns) other than to assess the performance and
effectiveness of your campaigns on an aggregate and anonymous basis. You may
not, and you may not permit a third-party to, transfer or sell any Ad Data to,
or use Ad Data in connection with, any ad network, ad exchange, data broker, or
other party not acting on behalf of you and your campaigns. You may use
information provided directly to you from users if you provide clear notice to
and obtain consent from those users and comply with all applicable laws and
industry guidelines, including those applicable to data protection.
6. Enforcement by Selfpre
1. Removal of Content. While Selfpre has no
obligation to do so, Selfpre reserves the right to review and delete any
Content (or portion thereof) that we believe, in our sole discretion, violates
these Terms or other applicable policies posted on Selfpre (including our Community
Guidelines), or that we deem, in our sole discretion, inappropriate. If
you see any Content on Selfpre that you believe violates our policies, you may
report that Content by clicking on an applicable link adjacent to that Content
(e.g. links titled: "Inappropriate" or "Flag Review") or
by contacting us here. Once notified, we will
review the Content and consider whether to remove it (or a portion thereof).
Please note: Our interpretation of our policies and the decision whether or not
to edit or remove Content is within our sole discretion. You understand and
agree that if we choose not to remove or edit Content that you find
objectionable, that decision will not constitute a violation of these Terms or
any agreement we have with you. For more information please see our Legal
FAQs.
2. Copyright Policy. Please see our Copyright
Complaint Policy for information about copyright and trademark disputes.
3. Other Enforcement Actions. While we have no
obligation to do so, we reserve the right to investigate and take appropriate
action in our sole discretion against you if you violate these Terms, including
without limitation: removing Content (or portions thereof) from Selfpre;
suspending your rights to use Selfpre; terminating your membership and account;
reporting you to law enforcement, regulatory authorities, or administrative
bodies; and taking legal action against you.
4. Defending Our Users. While we have no
obligation to do so, we reserve the right, to the fullest extent permitted by
applicable law, to take appropriate action to protect the anonymity of our
users against the enforcement of subpoenas or other information requests that
seek a user's electronic address or identifying information.
7. Rights to Your Content
We do
not claim ownership in any Content that you submit or authorize for use to Selfpre,
but you grant us the rights to use such Content as set forth below. By
submitting or authorizing us to display any Content on Selfpre, you hereby
grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid
and royalty-free, license (with the right to sublicense through unlimited
levels of sublicenses) to use, copy, perform, display, create derivative works
of, adapt and distribute such Content in any and all media (now known or later
developed) throughout the world. To the greatest extent permitted by applicable
law, you hereby expressly waive any and all of your moral rights applicable to Selfpre's
exercise of the foregoing license. You agree that this license includes the
right for us to provide, promote, and improve Selfpre and to make Content submitted
to or through Selfpre available to other companies, organizations or
individuals for the syndication, broadcast, distribution, promotion or
publication of such Content on other media and services, subject to our terms
and conditions for such Content use. No compensation will be paid with respect
to the Content that you post through Selfpre. You should only submit Content to
Selfpre that you are comfortable sharing with others under the terms and
conditions of these Terms.
8. Rights to Selfpre Content
Selfpre
contains Content provided by us and our licensors. We and our licensors
(including other users) own and retain all proprietary (including all
intellectual property) rights in the Content we each provide and Selfpre owns
and retains all property rights in Selfpre. If you are a user, we hereby grant
you a limited, revocable, non-sublicensable license under the intellectual
property rights licensable by us to download, view, copy and print Content from
Selfpre solely for your personal use in connection with using Selfpre. Except
as provided in the foregoing, you agree not to: (1) reproduce, modify, publish,
transmit, distribute, publicly perform or display, sell, adapt or create
derivative works based on Selfpre or the Content (excluding Your Content); or
(2) rent, lease, loan, or sell access to Selfpre. Selfpre ® is a registered
trademark of Selfpre, Inc. The trademarks, logos and service marks
("Marks") displayed on Selfpre are our property or the property of
third parties. You are not permitted to use these Marks without our prior
written consent or the consent of the third party that owns the Mark.
9. Indemnity
You
agree to defend, indemnify, and hold us and our subsidiaries and our and their
respective officers, directors, board members, board advisors, employees,
partners, agents successors and assigns (collectively, the "Selfpre Group") harmless from any loss, liability,
claim, or demand, including reasonable attorneys' fees and costs, made by any
third party due to or otherwise arising from your use of Selfpre, including due
to or arising from your breach of any provision of these Terms.
10.
Disclaimers
and Limitation on Liability
The
disclaimers and limitations on liability in this section apply to the maximum
extent allowable under applicable law. Nothing in this section is intended to
limit any rights you have which may not be lawfully limited.
Any
emails or email notifications corresponding with any activity on Selfpre, the Selfpre
Messaging Service, or any other communications service, product, or feature
provided on or through Selfpre, are provided solely as a courtesy. Selfpre
disclaims all warranties with regard to the transmission or storage of such
courtesy notices, does not guarantee their delivery or receipt, and does not
guarantee the date or time at which they may be sent. In the event a message
being sent is intended for a closed account, these messages will not be
deliverable. Further, if you are an employer and you posted a job posting
directly on Selfpre, applications are sent only to your Selfpre dashboard; any
other notifications you may receive are provided solely as a courtesy to you
Selfpre
assumes no responsibility, and disclaims all liability for the content,
accuracy, completeness, legality, reliability, or availability of any job
posting, career page, job solicitation, screener question, answer to screener
question, resume information, or message you post, send or receive through Selfpre
or the Selfpre Messaging Service.
You are
solely responsible for your interactions with advertisers and other users and
we are not responsible for the activities, omissions, or other conduct, whether
online or offline, of any advertiser or user of Selfpre. We are not responsible
for any incorrect, inaccurate, or unlawful Content (including any information
in profiles) posted on Selfpre, whether caused by users or by any of the
equipment or programming associated with or utilized in Selfpre. We assume 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, any communication with advertisers
or other users. We are not responsible for any problems or technical
malfunction of any hardware and software due to technical problems on the
Internet or on Selfpre or combination thereof, including any injury or damage
to users or to any person's computer related to or resulting from participation
or downloading materials in connection with Selfpre. Under no circumstances
shall we be responsible for any loss or damage resulting from the use of Selfpre
or from any Content posted on Selfpre or transmitted to users, or any
interactions between users of Selfpre, whether online or offline.
Selfpre
is provided "as-is" and as available. We expressly disclaim any
warranties and conditions of any kind, whether express or implied, including
the warranties or conditions of merchantability, fitness for a particular
purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no
warranty that: (1) Selfpre will meet your requirements; (2) Selfpre will be
available on an uninterrupted, timely, secure, or error-free basis; or (3) the
results that may be obtained from the use of Selfpre will be accurate or
reliable.
You
hereby release the Selfpre Group from any and all claims, demands, and losses,
damages, rights, claims, and actions of any kind that are either directly or
indirectly related to or arises from: (1) the actions, Content, or data of
third parties (including, advertisers and other users) (2) your participation
in any offline events.
IN NO
EVENT SHALL THE SELFPRE GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST
PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES ARISING FROM YOUR USE OF SELFPRE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE SELFPRE
GROUP'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF
SELFPRE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION),
WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
You
acknowledge that you are familiar with the provisions of Section 1542 of the
California Civil Code, which provides as follows: "A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR
HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You hereby expressly waive and relinquish all rights and benefits under Section
1542 of the California Civil Code and any law or legal principle of similar
effect in any jurisdiction with respect to the releases and/or discharges
granted herein, including but not limited to the releases and/or discharges of
unknown claims.
11.
Termination
These
Terms remain in effect while you use Selfpre and, for registered users, as long
as your account remains open. You may delete your account at any time. We may
suspend or terminate your account or your access to parts of Selfpre, for any
or no reason, without notice to you. We will have no liability whatsoever to
you for any termination of your account or related deletion of your
information.
All
provisions of these Terms shall survive termination or expiration of these
Terms except those provisions granting access to or use of Selfpre. For the
avoidance of doubt, you agree that these Terms apply to your use of Selfpre and
any Content posted on Selfpre at any time prior to the termination or
expiration of these Terms.
12.
Changes
to Terms
We may
revise these Terms from time to time by posting an updated version on Selfpre.
The revised Terms will be effective immediately for unregistered users and
users registering accounts on or after the revision date. For users who
registered accounts before the revision date, they will become effective thirty
(30) days after the revision date. If we make a change that we believe
materially reduces your rights or increases your responsibilities we will
notify you by email (sent to the e-mail address specified in your account) or
by means of a notice on this website prior to the change becoming effective. We
may provide notice of changes in other circumstances as well. Any such changes
will not apply to any claim brought prior to the effective date of the revised
Terms incorporating such changes. We encourage you to periodically review this
page for the latest information on our Terms. Your continued use of Selfpre is
subject to the most current effective version of these Terms.
13.
Third-Party
Discovery
You
agree to waive your right to file a pre-suit discovery proceeding seeking a
user's identifying information from Selfpre. If you intend to propound
discovery seeking a user's identifying information, you agree to do so pursuant
to a valid California subpoena, properly issued in connection with an active
lawsuit and properly served on our registered agent in California at Selfpre,
Inc., c/o CT Corporation, 330 North Brand Boulevard, Glendale, CA 91203-2336.
You further agree that all such subpoenas and discovery proceedings arising
from such subpoenas shall be issued from, brought and resolved exclusively in
the state courts located within Marin County, California or the federal courts
in the Northern District of California, as appropriate, and you agree to submit
to the personal jurisdiction of each of these courts for such discovery
proceedings.
14.
Dispute
Resolution
PLEASE
READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO
THESE TERMS, YOU AND SELFPRE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO
PARTICIPATE IN A CLASS ACTION. YOU AND SELFPRE AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND
CLASS ACTIONS ARE NOT PERMITTED.
1. Governing Law. These Terms and any and all claims,
disputes, or other legal proceedings by or between you or us, including but not
limited to any such claims or disputes that are in any way related to or
arising under these Terms or your access to or use of Selfpre, shall be
governed by the laws of the State of California without giving effect to any
conflict-of-laws principles that may otherwise provide for the application of
the law of another jurisdiction. The parties agree that their arrangement under
these Terms is in interstate commerce and that the Federal Arbitration Act
applies to the construction of the "Agreement to Arbitrate" provision
below. For any claim, dispute, or other legal proceeding not subject to the
"Agreement to Arbitrate" provision below, the claim or dispute shall
be brought and litigated exclusively in the state courts located within Marin
County, California or the federal courts in the Northern District of
California, as appropriate, and you agree to submit to the personal
jurisdiction of each of these courts for the purpose of litigating such claims
or disputes.
2. Agreement to Arbitrate. If you reside in the
United States, subject to the Exceptions to Arbitration set forth below, you
and Selfpre each agree that any and all disputes between consumer users of Selfpre
and Selfpre arising under or related in any way to these Terms and such users'
use of Selfpre must be resolved through binding arbitration as described in
this section. With the exception of the prohibition on class arbitrations set
forth in this "Dispute Resolution" section, if an arbitrator or court
decides that any part of this agreement to arbitrate is unenforceable, the
other parts of this Agreement to Arbitrate will still apply.
Exceptions
to Arbitration. This Agreement to Arbitrate will not apply to the
following: (a) small claims court cases that qualify; (b) legal proceedings
that involve efforts to obtain user-identifying information; (c) any legal
proceedings brought against any of the Selfpre Group by companies or other
legal entities; or individuals acting on behalf of such companies or other
legal entities; (d) any legal proceedings brought by any of the Selfpre Group
against companies or other legal entities or individuals acting on behalf of
any such companies or other legal entities; and (e) a party's right to seek
injunctive or other equitable relief in a court of competent jurisdiction to
prevent the actual or threatened infringement, misappropriation or violation of
a party's copyrights, trademarks, trade secrets, patents, or other intellectual
property rights. If, for some reason, the prohibition on class arbitrations set
forth in this Dispute Resolution section cannot be enforced, then the entirety
of this Agreement to Arbitrate will not apply. Where this Agreement to
Arbitrate does not apply, the remainder of this Agreement and the Dispute
Resolution section will continue to apply.
Informal
Dispute Resolution. If either of us intends to seek arbitration under the agreement,
the party seeking arbitration must first notify the other party of the dispute
in writing at least 30 days in advance of initiating arbitration. Notice to Selfpre
should be sent to the Litigation Department, Selfpre Inc., c/o CT Corporation,
330 North Brand Boulevard, Glendale, CA 91203-2336. If you have an account on Selfpre,
notice to you will be sent to the email address associated with your account.
The notice of dispute ("Notice") must (a) describe the nature and
basis of the claim or dispute; and (b) set forth the specific relief sought. If
Selfpre and you do not reach an agreement to resolve the claim within 30 days
after the Notice is received, you or Selfpre may commence formal proceeding.
Arbitration
Procedure. The arbitration will be governed by the Consumer
Arbitration Rules of the American Arbitration Association ("AAA"), if applicable, as modified by this section.
The AAA's rules and a form for initiating the proceeding are available at www.adr.org. Any
settlement offer made by you or Selfpre shall not be disclosed to the
arbitrator. Unless otherwise required by the applicable arbitration rules, the
arbitration shall be held in San Francisco, California. For any claim where the
total amount of the award sought is $10,000 or less, you and Selfpre may elect
to have the arbitration conducted by telephone or based solely on written
submissions, which election shall be binding on you and Selfpre subject to the
arbitrator's discretion to require an in-person hearing. In cases where an
in-person hearing is held, you or Selfpre may attend by telephone, unless the
arbitrator requires otherwise. The arbitrator will decide the substance of all
claims in accordance with applicable law, including recognized principles of
equity, and will honor all claims of privilege recognized by law. The
arbitrator shall not be bound by rulings in prior arbitrations involving
different users, but is bound by rulings in prior arbitrations involving the
same Selfpre user to the extent required by applicable law. The arbitrator's
award shall be final and binding and judgment on the award rendered by the
arbitrator may be entered in any court having jurisdiction thereof.
Opt-Out
Procedure. IF YOU ARE A NEW SELFPRE USER, YOU CAN CHOOSE TO REJECT THIS
AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT
NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO
LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE SELFPRE TERMS OF USE FOR THIS
FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO SELFPRE INC., C/O CT CORPORATION,
ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, 330 NORTH BRAND BOULEVARD,
GLENDALE, CA 91203-2336.
For
your convenience, you must complete and mail to opt out of your agreement to
arbitrate. You must complete the Opt-Out Notice form by providing the
information called for in the form, including your name, address (including
street address, city, state, and zip code), and the email address(es) associated
with the Selfpre account(s) to which the opt-out applies. You must sign the
Opt-Out Notice for it to be effective. This procedure is the only way you can
opt out of this Agreement to Arbitrate. If you opt out of the Agreement to
Arbitrate, all other parts of these Terms and this Dispute Resolution section
will continue to apply to you. Opting out of this agreement to arbitrate has no
effect on any previous, other, or future arbitration agreements that you may
have with us.
Changes to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any changes to this "Arbitration" section (other than a change to any referenced notice address or site link) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. The change will apply to all other disputes or claims governed by this Arbitration section that have arisen or may arise between you and Selfpre. We will notify you of changes to this Arbitration section by posting the changes on Selfpre at least 30 days before the effective date of the changes and by email. If you do not agree to these changed terms, you may close your account within the 30 day period and you will not be bound by the changes.
15. Language and Earning:
The language you can use in an interview is only english. You are not allowed to sell or buy anything from our client(user). In case of any harassment or any complaint please contact us on the complaint page. we are just providing the facilities so please do not contact personally with the user don't share your personal details with her/him (like home address, mailing address, or any thing else). In the case of earning company has to right cancel or delete any account in case of any voilation of terms and privacy. For earning the company will pay the users but after completing the number of required users. The company has decided to pay its all users after getting daily active users (5000+) and the company will change the paying rates as the active user's increase.
16.
Other
Except
as specifically stated in another agreement we have with you, these Terms
constitute the entire agreement between you and us regarding the use of Selfpre
and these Terms supersede all prior proposals, negotiations, agreements, and
understandings concerning the subject matter of these Terms. You represent and
warrant that no person has made any promise, representation, or warranty,
whether express or implied, not contained herein to induce you to enter into
this agreement. Our failure to exercise or enforce any right or provision of
the Terms shall not operate as a waiver of such right or provision. If any
provision of the Terms is found to be unenforceable or invalid, then only that
provision shall be modified to reflect the parties' intention or eliminated to
the minimum extent necessary so that the Terms shall otherwise remain in full
force and effect and enforceable. To the extent allowed by law, the English
version of these Terms are binding and the translations are provided for
convenience only. The Terms, and any rights or obligations hereunder, are not
assignable, transferable or sublicensable by you except with Selfpre's prior
written consent, but may be assigned or transferred by us without restriction.
Any attempted assignment by you shall violate these Terms and be void. The
section titles in the Terms are for convenience only and have no legal or
contractual effect; as used in the Terms, the word "including" means
"including but not limited to."
Please
contact us with any questions regarding these Terms by contacting us here.