Last Updated: January 6, 2017
Selected is an online service that connects prospective Employees with Employers for potential employment. All services provided are non binding, intended for the Employee and Employer to explore opportunities, and do not create any contractual obligations between the Employer and the Prospective Employee.
YOU UNDERSTAND THAT SELECTED DOES NOT AS A MATTER OF COURSE INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS INCLUDING VERIFICATION OF TEACHER CERTIFICATION. YOU AGREE TO (1) CONDUCT ANY BACKGROUND CHECKS, REFERENCE CHECKS, OR OTHER DUE DILIGENCE THAT YOU MAY REQUIRE BEFORE MAKING AN OFFER OF EMPLOYMENT TO A PROSPECTIVE EMPLOYEE, AND (2) COMPLY WITH ALL LAWS AND REGULATIONS RELATING TO THE INTENDED EMPLOYMENT OF ANY PROSPECTIVE EMPLOYEE.
1. Acceptance of the Terms and Conditions
Selected (hereafter “we,” “us” or “our”) provides and makes available content and services through (a) the domain and subdomains located at www.getselected.com (the “Site”), (b) Selected mobile applications or via communication with the Selected team (collectively referred to as the "Platform"), and (c) facilitation of communication between those users of the Platform seeking job opportunities ("Employees") and those users of the Platform seeking to hire ("Employers"). Anyone who views, accesses, browses, submits Content to the Site is referred to as a “User.” Employees and Employers in aggregate are also “Users.” The Site contains material, including but not limited to software, text, logos, graphics and images (collectively referred to as Content”). An Employee or Employer may create and maintain a profile (“Profile”) about themselves as a job candidate or a company that seeks to employ educators that is intended to be shared either publicly or privately with Employees or Employers.
In addition to terms elsewhere defined in this Agreement and unless differently provided hereby, the following terms and expressions shall have the following meanings:
- "Site" shall refer to www.getselected.com and any of its derivative pages
- “Service” shall collectively refer to the recruiting service offered by Selected
- “Selected”, “us”, “we”, “our(s)” shall refer to our company, Selected, our Site and our Service
- “Prospective Employer” shall refer to any company / employer that is using our Service for the purpose of recruiting candidate(s)
- “Job Offer” shall refer to an offer of employment by the employer to the candidate consisting of the terms of engagement and scope of role, remuneration and conditions of employment
- “Signing bonus” or “Prospective Employee Payment” shall refer to a discretionary prize that Selected will give to candidates once they accept a Job Offer
- “Success Fee” shall refer to a payment made by the “Prospective Employer” to Selected for use of the Site and/ or Service to identify a candidate which has accepted an employment offer
2. The Platform Offers a Venue
Selected offers a venue for Potential Employees and Potential Employers to find each other.
2B. NO AGENCY OR PARTNERSHIP
Selected does not dictate to Employees what job they must accept and does is not part of the contract, if one is made, between Employee and Employer. No contractual obligations are created for either the Prospective Employee or the Employer through the use of the Site. The candidate has no obligation to accept any Interview Request or Job Offer. No step within the matching or interview process shall be considered legally binding.
Employers are responsible for selecting the right Employee for their needs. In making hiring decisions, Employers should review and verify each Employee’s self-reported credentials, education, and experience. These self-reported credentials are not verified by Selected. Employees may freely list their availability for hire on other sites, through agencies, or in any other manner.
3. Eligibility for being a User of the Site
Users must be 18 years of age or older to use the Site or Platform.
When registering, contributing any Content to the Site including Profile information, or messaging any other User of the Platform, you agree to provide true, accurate, current, and complete information about yourself, and maintain and promptly update your information to keep it true, accurate, current and complete. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an account or use the Site or Service if you have been previously removed by Selected, or if you have been previously banned from the Site or Service.
You represent and warrant that you are not a competitor of Selected and are not using the Services for reasons that are in competition with us; will only maintain one Selected account at any given time.
You are solely responsible for safeguarding your Selected password and, if applicable, your Facebook or Google+ password, at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Selected immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without permission. You hereby acknowledge and agree that Selected will not be liable for your losses caused by an unauthorized use of your Account.
You agree not to use the communication systems provided by the Platform for any commercial solicitation purposes. You shall not recruit, solicit, or contact in any form Employees or Employers for employment or contracting for a business not affiliated with Selected without express written permission from Selected.
You shall not in any manual or automated manner collect Employees or Employers information, including but not limited to, names, addresses, phone numbers, or email addresses, copy copyrighted text, or otherwise misuse or misappropriate Platform information or Content, including but not limited to, use on another website.
To create a profile or engage with the Platform, Employees must be legally able to work in the United States. Selected does not verify work eligibility status, certification, work history, or criminal history by default, but is allowed to do so at any time.
Selected reserves the right to accept or reject Employee accounts based on experience, or market need for their skills.
4. Use of Employee Resumes and Professional Information
Selected will not disclose your resume and other private professional information unless you have given your consent. If you would like to remove your Profile and resume, please email email@example.com with the subject 'Delete My Account'.
5. Employee Standard of Conduct
By offering services through the Platform, Employees hereby represent and warrant that they are providing accurate information about themselves. Selected may review information provided by Employees either in our discretion or at the request of another User, but cannot guarantee the accuracy or completeness of any such information, or guarantee that an Employee is qualified to perform any given service.
While using the Selected Platform, you shall not:
- Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights of others
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or Content, including through third-party links
- Post false, inaccurate, misleading, defamatory, or libelous Content (including personal information) about any Platform user
- Use the Site for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations
- Fail to deliver payment for services purchased by you
- Fail to perform services purchased from you
6. User Generated Content
6A. OWNERSHIP OF USER GENERATED CONTENT
Any Content you submit to the site, including Content on your Employee or Employer Profile, including your logo(s), service marks, trademarks and trade names, we reserve the right to use for the improvement and promotion of your services or the Platform. This may include advertising, inclusion in a User site search, or on the Selected homepage. We will not use email content of communications either between Users of the Platform or between Users and Selected for promotional purposes.
You retain your rights to any Content you submit, post or display on the Platform. By submitting, posting or displaying Content on the Platform, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
We may modify or adapt your Content in order to transmit or display it. We attempt to maintain the original meaning and spirit of the Content.
You may edit or delete the content of your Selected Profile at any time. Any Content submitted as a blog post, article, community discussion, or other non-Profile, publicly available content cannot be removed without Selected permission.
6B. REQUIREMENTS, DISCLAIMERS, AND RIGHT TO REMOVE
Selected does not endorse any submitted Content or any opinion, recommendation, or advice expressed therein, and Selected expressly disclaims any and all liability in connection with all submitted Content.
Any Content you submit is subject to the following requirements:
- Must be based in fact and not fraudulent or intended to deceive.
- Must not falsely express or imply that Content or material is sponsored or endorsed by Selected.
- Must not contain profane, abusive, discriminatory, or hateful language, text or illustrations.
- Must not be defamatory, libelous, threatening, disparaging, grossly inflammatory, false, misleading, or deceptive
Links to third party sites also follow the above requirements. Selected does not endorse links to third party sites.
7. Copyright and Intellectual Property Rights
Selected may own Platform Content or portions of the Content may be made available to us through arrangements that we have with third-parties, including Employees or Employers. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose without express written permission by Selected. The use or posting of any of the Content on any other Site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
8. DMCA Notices
Selected respects the intellectual property of others. In accordance with the Digital Millennium Copyright Act of 1998, Selected will respond to claims of copyright infringement committed using the Site and / or Service if such claims are reported to Selected’s Designated Copyright Agent (Copyright Agent, Tutorlist, Inc., 1708 2nd Ave. New York, NY 10128)
9. Use of Robots
You shall not use any automated system, including but not limited to robots, spiders, scrapers etc., to access the Platform for any purpose without Selected's prior written approval.
You shall not in any way transmit more request messages to the Selected servers, or any server of a Selected subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Selected reserves the right to revoke these exceptions either generally or in specific cases.
You shall not take any action that (a) unreasonably encumbers or, in Selected's sole discretion, may unreasonably encumber the Platform's infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation in the Platform; or (c) bypasses Selected's measures that are used to prevent or restrict access to the Platform.
10. Mobile Data and Communications
You consent to our communicating with you about the Platform or in connection with the features, functions and activities contained therein by SMS, text message, email or other electronic means. Your carrier's normal, messaging, data and other rates and fees will apply to these communications.
11. Payment And Refund Policy
11A. FOR PROSPECTIVE EMPLOYEES
11a1. Registration and Use of our Service and Platform is Free for Prospective Employees
Prospective Employees are required to notify us in case they accept a Job Offer through use of our Platform and/or Service. Prospective Employees who have received a Job Offer will promptly notify Selected after termination of your employment as an employee in the event that (1) an Employer terminates your Employment based on unsatisfactory performance within ninety (90) days of the date on which your Employment commenced, or (2) you voluntarily terminate.
11a2. Signing Bonus
For Employment Offers for full time employment, the Prospective Employee will receive a payment (the “Prospective Employee Payment”) based upon Selected’s Prospective Employee bonus scale. The Prospective Employee Payment will be paid not later than 120 days after the work Start Date of the Prospective Employee with Employer.
11B. FOR PROSPECTIVE EMPLOYERS
In order to utilize some parts of the Selected platform, the Prospective Employer may be required to pay Selected either a recurring subscription, one-time, or other fees. By creating a Selected Profile, being approved by the Selected team, and providing or designating a Payment Method, you authorize us to charge you an annual membership fee at the then current rate.
11b1. Subscription Fee Billing Cycle and Automatic Renewal
The subscription fee for our service will be billed at the beginning of the paying portion of your membership and each year thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each year on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, if your Payment Method failed.
11b2. Subscription Cancellation
You may cancel your paid membership subscription any time, and you will continue to have access to the Selected service through the end of your annual billing period. Your subscription will not be renewed after your then-current term expires.
11b3. Subscription Refunds
Payments are nonrefundable and there are no refunds for partially used periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
11b4. Non-Subscription Fees
To the extent you elect to purchase other product offerings we may offer for a fee, you authorize Selected to charge your chosen payment provider for the products you purchase. You agree that if Selected already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional products you purchase.
11b5. Success Fee
If a Prospective Employee identified through use of our Service accepts a Job Offer, the Employer will be charged a Success Fee. Upon successful signing of a Job Offer, the employer shall pay a Success Fee of 5% of the Prospective Employee's first year salary to be paid to Selected within 30 days of the candidate’s acceptance date.
Employers are required to promptly notify Selected once a Prospective Employee has accepted a Job Offer and notify Selected of the Start Date for such Prospective Employee (including prompt notification of any subsequent changes in such Start Date.) In the event that before the Start Date, either Employer or Prospective Employee elect not to begin the employment relationship contemplated by the Job Offer, Employer shall promptly notify Selected and the Prospective Employee shall not be eligible for any Prospective Employee Payment.
The Employer agrees not to attempt to circumvent our Site and/or Service by failing to notify Selected of the hiring of Prospective Employees obtained through our Site and failing to make Success Fee payments to Selected for such hires. If an Employer circumvents our Site and/or Service after discovering a Prospective Employee through our Site and subsequently hires that Prospective Employee within twelve (12) months of the date on which the Employer first viewed the Prospective Employee on the Site, the Employer will pay a Success Fee equal to 25% of the 1st year base salary and Selected may, in its sole discretion, terminate the Employer’s account.
If an Employer can establish that they had an Active Process with the Prospective Employee before using our Site then the Employer may be exempted from paying the Success Fee. An “Active Process” shall mean continuous direct, back & forth communication, in an active recruiting or hiring context where a decision to put a candidate on hold or reject has not been made, within thirty (30) days prior to initial contact using the Site. The final determination as to whether a Success Fee is owed by the Employer for an accepted Job Offer will be at the sole discretion of Selected.
11b6. Success Fee Refund
If (1) an Employer hires a Prospective Employee and terminates the Prospective Employee’s Employment based on unsatisfactory performance within ninety (90) days of the Start Date, (2) a Prospective Employee voluntarily terminates his or her Employment within ninety (90) days of the Start Date, or (3) Prospective Employee does not start Employment because either Employer or Prospective Employee elects not to begin the employment relationship contemplated in the Job Offer, upon written receipt and confirmation of such information, Selected will fully refund to the Employer the Success Fee related to the Prospective Employee if the Success Fee was paid by Employer prior to the Termination Event.
11b7. Price Changes
11b8. Free Trials
Selected may offer free-trial subscriptions to certain Users of a duration specified during sign-up. If a User signs up for a free trial subscription, we will begin billing your Payment Method for standard subscription fees at the end of the free trial period unless you cancel prior to the end of the free trial period. Selected reserves the right, in its absolute discretion, to determine your free trial eligibility.
11b9. Payment Methods
You may edit your Payment Method information by visiting our Site and clicking on the "Settings" link, available at the top of the pages of the Site. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges.
12. Termination or Suspension
Of the User: Selected reserves the right to suspend and/or terminate any User with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Site after termination or during suspension.
Of the Site: Selected reserves the right at any time to modify, suspend or terminate the Platform access (or any part thereof) with or without notice. Selected may also delete, or bar access to or use of, all related information and files. Selected will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information.
13. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE PLATFORM SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SELECTED AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES.
UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
SELECTED DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. SELECTED WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD-PARTY EMPLOYERS. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SELECTED DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM INCLUDING DUE TO SITE ERRORS, DOWNTIME, OR TECHNICAL PROBLEMS, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM.
14. Limitations of Liability
IN NO EVENT SHALL SELECTED, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, EMPLOYERS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE PLATFORM OR ANY EMPLOYMENT OFFERED BY ANY EMPLOYERS VIA THE PLATFORM, INCLUDING EMPLOYMENT PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE PLATFORM, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE PLATFORM IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE PLATFORM; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SELECTED IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF SELECTED, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE PLATFORM, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO SELECTED BY YOU HEREUNDER.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT SELECTED SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SELECTED SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN PLATFORM USERS ENTERED INTO INDEPENDENTLY OF THE PLATFORM.
15. Indemnification and Release
IF YOU HAVE A DISPUTE WITH ONE OR MORE SITE USERS, YOU FOREVER RELEASE SELECTED (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE AND/OR ANY SUBMITTED CONTENT.
16. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York and the United States of America. Any controversy or claim arising out of or related to these Terms of Service shall be settled solely and finally by arbitration administered in New York, New York before a single arbitrator selected by the American Arbitration Association. The arbitration shall be conducted in accordance with the commercial rules of the American Arbitration Association, unless the parties agree to different rules of arbitration. Judgment upon the award rendered may be entered in any court with proper jurisdiction. The predominantly prevailing party will bear all fees and expenses payable to the arbitrators. Notwithstanding the foregoing, in the event of unauthorized or unapproved use of the Selected Content and any other intellectual property of Selected and its affiliates, licensees and successors, in addition to such other legal and equitable rights and remedies as shall be available, Selected and its affiliates, licensees and successors shall be entitled to seek injunctive and other equitable relief, without the necessity of proving damages or furnishing a bond or other security.
Where Selected requires that you provide an e-mail address, you are responsible for providing your most current e-mail address. In the event that the last e-mail address you provided to Selected is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Selected’s sending of the e-mail containing such notice will nonetheless constitute effective notice.
If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Site.
19. Our Contact Information
601 W 26th St., Suite #325-292
New York, NY 10001