Opptly Terms of Service
The terms and conditions included in these Opptly Terms of Service (the “Terms of Service”) apply when you visit, access or use the website located at www.opptly.com (the “Site”), or any related Opptly mobile application (the “App”) provided by Opptly (“Opptly,” “we,” or “us”), or visit, access or use the online and/or mobile services and functionality provided by Opptly through the Site or the App, including related portals (the Site, App and these services and functionality collectively constituting the “Service”).
If you elect to become a registered user of the Service, you will be required to affirmatively accept these Terms of Service at the time of registration, and you agree to abide by these Terms of Service. IF YOU DO NOT AGREE TO THESE Terms of Service, THEN YOU SHOULD NOT register to use the Service.
Notice Regarding Dispute Resolution: These Terms of Service contain provisions that govern how claims you and we may have against each other are resolved (see Section 16 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 16(E). Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
- Updates to these Terms of Service. Because of changes in technology and the growth and development of our business, or for other business reasons, we may need to modify these Terms of Service from time to time. We will notify you of material changes to these Terms of Service by posting the amended terms on the Service at least thirty (30) days before the effective date of the changes. If you are a registered user of the Service, we will also ask you to affirmatively accept the amended Terms of Service the next time you log in to your Opptly account following the effective date of the amended Terms of Service. If you do not agree with the updated Terms of Service, you should discontinue your use of the Service. If you continue using the Service after the updated Terms of Service take effect, you will be bound by the updated Terms of Service.
- Description of the Service. The Service is intended to facilitate connecting users who are looking for employment (“Job Seekers”) with entities or individuals who are looking to fill open employee or contractor positions (“Job Creators”) by allowing Job Seekers to build an online profile, search for job opportunities, make referrals and connect socially through an online community and allowing Job Creators to place job listings on the Service (“Job Listings”) and review Job Seekers’ online profiles, organize and take action relating to Job Seekers, collaborate with colleagues in reviewing Job Seekers and access reports and analytics relating to Job Seekers and Job Listing, using the Service.
- Opptly Accounts. You can visit and browse the Service without registering to use the Service, but, if you are a Job Seeker, you will not be able to apply for jobs through the Service, save a record of Job Listings or post your resume on the Service for review by Job Creators and, if you are a Job Creator you will not be able to search or access Job Seeker resumes, or contact Job Seekers through the Service, unless you are registered to use the Service. In order to become a registered user of the Service, you will be required to provide your name and a valid email address and select a password. If you register to use the Service, you agree: (A) to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration process (the “Registration Data”); (B) to use reasonable efforts to maintain and promptly update your Registration Data to keep it true, accurate, current and complete; and (C) not to use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account. You will not be required to pay any fees in order to register to use the Service.
- Payment Terms. If you are a Job Seeker, the Service will be provided to you at no charge. If you are a Job Creator, the fees associated with your use of the Service will be governed by a separate written agreement between Opptly and the Job Creator, or the employer of the Job Creator, as applicable.
- User Profiles. As a registered user of the Service, you will have the ability to create an individual profile (your “User Profile”) that will be associated with your account. Your User Profile will consist of the name and email address you use to register with the Service, as well as any additional information about yourself or your company that you choose to include as part of your User Profile. If you are a Job Seeker, this additional information may include a profile photo, your resume, your phone number, the industry in which you are seeking employment, your experience level, your education level, your desired salary, and URLS for LinkedIn, Twitter and Facebook accounts that are registered in your name for your personal use. If you are a Job Creator, this additional information may include information about your business and your hiring practices.
- Access to If as a Job Seeker you elect to include your resume as part of your User Profile, your resume will be accessible to us as well as Job Creators. If as a Job Seeker you elect to make your resume publicly available as part of a job board or other interactive feature offered on the Service, your resume will also be accessible to other Job Seekers or the public generally. We will not make your resume available to other Job Seekers or publicly available on the Service unless you affirmatively elect to do so. If you elect to include your resume as part of your User Profile, Job Creators will be able to access and view your resume and the contact information you provide on your resume, including your name, email address, mailing address and phone number, as applicable. Job Creators will be able to contact you directly using the information on your resume. Depending on the current functionality offered through the Service, You can remove your profile data and/or resume from your User Profile at any time. In addition, you may request that Opptly removes the applicable profile data and/or your resume at any time by contacting your Opptly point of contact, of if you do not have a Opptly point of contact, by contacting us by email at firstname.lastname@example.org. However, after removal of your resume from the Service, we may retain your resume in our records, and, if a Job Creator has accessed your resume through the Service and copied or saved your resume prior to the time you remove your resume from your User Profile that Job Creator may continue to have access to your resume.
- Interactions with Other Users. You are solely responsible for your interactions with other users that you contact, or that contact you, through the Service. Please note that there are risks, including but not limited to the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore use caution with regard to the information you elect to share as part of your User Profile or that you otherwise provide through the Service.
- Restrictions on the Use of Job Seeker Information. Each Job Creator agrees to keep all information about Job Seekers provided or accessed through the Service in confidence and that (i) you will use any content submitted by Job Seekers in accordance with applicable privacy and data protection laws and all other applicable laws; (ii) you will not disclose the names or identities of any Job Seekers, outside of your recruiting or hiring department; and (iii) you will take appropriate physical, technical and administrative measures to protect content you obtain through use of the Service from loss, misuse, unauthorized access, disclosure, alteration or destruction.
- Disclaimer. Although Opptly requires that Job Creators maintain the confidentiality of the resumes and other information about Job Seekers they receive through the Service, Opptly cannot and does not guarantee that the information that Job Seekers provide to Job Creators through the Service will be held in confidence or properly secured by each applicable Job Creator. In addition, Opptly takes no responsibility and assumes no liability for any Job Listing that any Job Creator posts or sends through the Service. You agree that Opptly is not responsible or liable for the conduct of any Job Creator. Please note that once a Job Seeker submits a job application through any feature of the Service, the Job Seekers’ resume and other applicable information will be shared with the Job Creator that posted the applicable Job Listing.
- Prohibited Activities. You agree that in connection with your use of the Service, you will not:
- use the Service for any unauthorized purpose including engaging in unauthorized framing of, or linking to, the Service without our express written consent;
- transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
- impersonate any other person or entity, provide false or misleading identification, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
- decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof; or
- circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Materials (as defined in Section 11) or enforce limitations on use of the Service or the Materials on the Service.
- Opptly’s Intellectual Property Rights. Except for Contributions (as defined in Section 12), all of the content on the Service (“Materials”) and the trademarks, service marks, and logos contained on the Service, are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Service and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials. You further agree not to access the Service by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement.
- User Contributions.
- . Rules Governing User Contributions. If you are a registered user of the Service and you are logged in to your user account, you may be able to submit content through the Service (“Contributions”). You are entirely responsible for the content of, and any harm resulting from, any Contributions that you submit through the Service. By agreeing to these Terms of Service, you represent and warrant that you:
- own the rights to any Contributions that you submit through the Service or have authorization from the rights owner to submit such Contributions through the Service;
- will not use any Contribution that violates our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;
- have fully complied with any third-party licenses relating to the Contribution and shall pay all royalties, fees and any other monies required to be paid in connection with the Contributions;
- will not use any Contribution that: (a) is defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (b) incites, encourages or threatens immediate physical harm against another, including but not limited to, any Contribution that promotes racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (c) exploits anyone in a sexual or violent manner;
- will not use any Contribution that contains advertisements or solicits any person to buy or sell products or services (other than Job Listings); and
- will not use any Contribution that constitutes, contains, installs or attempts to install or promote spyware, malware or other computer code, whether on the Service or others’ computers or equipment, designed to enable you or others to gather information about or monitor the on-line or other activities of another party.
- Rights in Contributions. We do not claim any ownership rights in the Contributions that you submit through the Service. After submitting your Contributions through the Service, you continue to retain any rights you may have in your Contributions, including any intellectual property rights or other proprietary rights associated with your Contributions, subject to the license you grant to us below. By making a Contribution to the Service, you grant us a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to us), fully-paid, royalty-free (meaning that we are not required to pay you to use your Contribution), sublicensable (so that we can use subcontractors and third party service providers to make the Service available to you) and worldwide (because the Internet is global in reach) license to use, publicly perform, publicly display, reproduce and distribute the Contribution in connection with providing the Service.
- Digital Millennium Copyright Act. We consider the protection of copyright, trademark, and other intellectual property rights of utmost importance. We follow the provisions of the Digital Millennium Copyright Act (DMCA). Further, we may terminate the account and access rights of any repeat infringer in appropriate circumstances. If you are a copyright owner, or the legal agent of a rights owner, and you believe that any Contribution on the Service infringes upon your copyrights, you may submit a notification pursuant to our DMCA Policy.
- Management of the Service; User Misconduct. We reserve the right, but do not undertake the obligation to: (A) monitor or review the Service for violations of these Terms of Service and for compliance with these Terms of Service and any of our other policies; (B) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (C) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any User Profile or any portion thereof that may violate these Terms of Service, or any of our policies without prior notice to you; (D) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service; (E) screen our users, or attempt to verify the statements of our users, and/or (F) monitor disputes between you and other users or to terminate or block you and other users for violations of these Terms of Service or any of our other policies. You agree not to create an account or use the Service if we have previously cancelled your account or banned your use of the Service for cause. WITHOUT LIMITING ANY OTHER PROVISION OF these Terms of Service, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THe Service TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL.
- Legal Disputes and Arbitration Agreement
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
- . Initial Dispute Resolution. We are available by email at email@example.com to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and Opptly agrees to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
- Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 16(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service (including their formation, performance and breach) and/or your use of the Service shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act.
The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. A request for payment of fees should be submitted to AAA along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to AAA. The arbitration rules also permit you to recover attorney’s fees in certain circumstances.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
- Class Action and Class Arbitration Waiver. You and Opptly each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and Opptly each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 16(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
- 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 16(B), 16(C), and 16(D) by sending written notice of your decision to opt-out to 100 Waugh Drive, Suite 300 Houston, TX 77007 or by email to firstname.lastname@example.org. The notice must be sent to Opptly within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
- Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 16(B) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Harris County, Texas (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Texas for any litigation other than small claims court actions.
- Applicable Law. You agree that federal laws and the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms of Service and any claim or dispute that has arisen or may arise between you and Opptly.
- Disclaimers; Limitation on Liability
- . Disclaimers
- THE SERVICE AND ALL MATERIALS OR ITEMS PROVIDED BY Opptly THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY Job SEekers, Job Creators, Job Listings OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE any of these MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE Terms of Service. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SERVICE AND YOUR USE OF THE SERVICE.
- WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE’S CONTENT, THE CONTENT OF ANY THIRD PARTY SITE LINKED TO THE SERVICE, OR ANY OTHER ITEMS OR MATERIALS ON THE SERVICE OR LINKED TO BY THE SERVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
- We Reserve the right to, but are not obligated to, INQUIRE INTO THE BACKGROUNDS OF USERS of the service OR ATTEMPT TO VERIFY THE STATEMENTS OF our USERS. Job Creators AGREE TO (a) CONDUCT ANY BACKGROUND CHECKS, REFERENCE CHECKS, OR OTHER DUE DILIGENCE THAT YOU MAY REQUIRE BEFORE MAKING AN OFFER OF EMPLOYMENT TO A PROSPECTIVE Job SEeker, AND (b) COMPLY WITH ALL LAWS AND REGULATIONS RELATING TO THE INTENDED EMPLOYMENT OF ANY Job SEeker.
- Any agreements created between a Job Creator and a Job Seeker are not binding on Opptly. We are not liable for, or obligated to enforce, any agreements between a Job Creator and a Job Seeker. You will not consider Opptly, nor will Opptly be construed as, a party to such transactions, whether or not Opptly receives some form of remuneration in connection with the transaction, and Opptly will not be liable for any costs or damages arising out of or related to any such transaction.
- Limited Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR ANY Materials or CONTENT on the Service. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE Terms of Service, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE Terms of Service, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
- Exceptions to Disclaimers and Liability Limitations. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS IN SECTIONS 17(A) AND 17(B) MAY NOT APPLY TO YOU.
- Notice to California Users. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to email@example.com. Users may also contact us by writing to 100 Waugh Drive, Suite 300 Houston, TX 77007 California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- Notice to New Jersey Users. Notwithstanding any terms set forth in these Terms of Service, if any of the provisions set forth in Sections 16 or 17 are held unenforceable, void or inapplicable under New Jersey law, then any such provision shall not apply to you but the rest of these Terms of Service shall remain binding on you and Opptly. Notwithstanding any provision in this Agreement, nothing in this Agreement is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.
- Independent Contractors. Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
- Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.
- Severability. These Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
- Assignment. We may assign our rights under these Terms of Service without your approval.
- No Modifications by Our Employees. If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
- Contact Information. If you have any questions about these Terms of Service, please contact us at firstname.lastname@example.org.