PeopleMatter Terms and Conditions
BY REGISTERING FOR AND USING THE PMW TECHNOLOGIES, INC. (“PEOPLEMATTER”) WEB SITE LOCATED AT THE URL: PEOPLEMATTER.AT (THE “SITE”), YOU ACKNOWLEDGE THAT THE SITE SERVES AS A VENUE FOR THE ONLINE DISTRIBUTION AND PUBLICATION OF USER-SUBMITTED INFORMATION BETWEEN JOB SEEKERS AND POTENTIAL EMPLOYERS (EACH SUCH TERM AS DEFINED BELOW), AND YOU HEREBY CERTIFY THAT (1) YOU ARE A JOB SEEKER; (2) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT; (3) YOU AUTHORIZE THE TRANSFER OF YOUR USER-SUBMITTED INFORMATION THROUGH THE USE OF THE SITE; AND (4) YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THESE APPLICANT PARTICIPATION TERMS (“AGREEMENT”) AND ANY OTHER POLICIES, PROCEDURES AND GUIDELINES REFERENCED BELOW.
For purposes of this Agreement, (a) “Potential Employer” means a user of the Site that requests the services of a Job Seeker (as defined herein) by creating and posting job postings on the Site; (b) “Job Seeker” means a user of the Site that submits a candidate resume for the fulfillment of a specific job posting listed by a Potential Employer.
Terms of Engagement
You acknowledge and agree that the Site is only a venue for Potential Employers to post job postings and Job Seekers to submit candidate resumes. PeopleMatter does not screen or censor the job postings or candidate resumes. PeopleMatter does not have any control over the quality, suitability, truth, accuracy, timeliness, safety or legality of the jobs postings or the candidate resumes submitted. You assume all risks associated with dealing with other users with whom you come in contact through the Site and/or the services provided on and through the Site. PeopleMatter is not involved in the actual transaction between any Potential Employer and any Job Seeker. The specific terms of any employment or contractor agreement between a Potential Employer and any Job Seeker will be negotiated solely between the respective Potential Employer and any Job Seeker. You understand that your interactions and dealings with other users of the Site are solely between you and such other user. PeopleMatter shall not be responsible for any loss or damage of any kind incurred as a result of any such interactions and/or dealings and PeopleMatter will have no obligation to become involved in such dispute.
Disclaimer of Warranties
Each user of the Site is responsible for any content and materials that it posts or submits on or through the Site, including, without limitation, job listings and candidate resumes, and PeopleMatter has no obligation to verify or authenticate, in whole or in part, any job listings or candidate resumes. PeopleMatter has no liability for any inaccuracies, errors or omissions in the job listings or candidate resumes.
PEOPLEMATTER MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICES OR ANY MATERIALS CONTAINED ON THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES, MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Limitation Of Liability
PEOPLEMATTER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR USE OR RELIANCE ON THE SITE, SERVICES AND/OR ANY MATERIAL ON THE SITE, INCLUDING, WITHOUT LIMITATION, POTENTIAL EMPLOYERS’ JOB POSTINGS AND JOB SEEKERS’ CANDIDATE RESUMES. IN NO EVENT SHALL PEOPLEMATTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR RELATED TO THIS AGREEMENT AND/OR YOUR USE OF THE SITE AND/OR SERVICES HOWEVER ARISING, EVEN IF PEOPLEMATTER KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. PEOPLEMATTER SHALL NOT BE LIABLE FOR ANY ACTIONS, OMISSIONS AND/OR DECISIONS MADE BY ANY USER OF THE SITE, INCLUDING, WITHOUT LIMITATION, HIRING DECISIONS.
Limitation on Damages
IN NO EVENT SHALL PEOPLEMATTER’S AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED ONE HUNDRED U.S. DOLLARS (USD 100).
In the event that you have a dispute with one or more users of the Site, you release PeopleMatter (and our agents and employees) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related with such dispute.
All disputes between you and PeopleMatter relating to or arising from this Agreement in any way will be arbitrated according to the rules of the American Arbitration Association (AAA) in Charleston, South Carolina, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, and (ii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys’ fees. The proceeding and the decision shall be kept confidential by the parties. The arbitration award may be enforced in any court having jurisdiction over the parties and the subject matter of the arbitration.
This Agreement is governed by the laws of South Carolina without regard to its conflict of law principles. The parties agree that any disputes relating to this Agreement or the Site will be heard in the courts located in Charleston County, South Carolina.
Relationship of Parties
The parties are independent contractors, and no partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties is created hereby. There are no third party beneficiaries to this Agreement.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is to be asserted.
If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable for any reason, such provision will be deemed modified to the extent necessary to render it enforceable and the remaining provisions of this agreement will remain unaffected and in full force and effect.
This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements whether written or oral, express or implied, with respect to the subject matter hereof. To the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any PeopleMatter Policies, the terms of the applicable PeopleMatter Policy shall prevail.