Last Updated: May 6, 2019
Selected is an online service that connects Prospective Employees with Employers for potential employment. All services provided hereunder are non-binding as between Prospective Employee and Employer, intended for the Prospective 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 ATTEMPT TO VERIFY OR CONFIRM THE STATEMENTS OF OR OTHER INFORMATION PROVIDED BY ITS USERS, INCLUDING, WITHOUT LIMITATION, USERS’ TEACHER CERTIFICATION, ACADEMIC TRANSCRIPTS OR RESUMES, OR OTHER CREDENTIALING, ACADEMIC OR EMPLOYMENT RELATED INFORMATION. SELECTED DOES NOT CONDUCT BACKGROUND OR REFERENCE CHECKS. YOU AGREE TO (1) CONDUCT ANY BACKGROUND CHECKS, REFERENCE CHECKS, OR OTHER DUE DILIGENCE THAT MAY BE REQUIRED OR WHICH MAY BE REASONABLE 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 with the Site referred to as the "Platform"), and (c) facilitation of communication between those users of the Platform seeking job opportunities ("Employees" and “Prospective Employees”) and those users of the Platform seeking to hire ("Employers" and “Prospective Employers”). Anyone who views, accesses, browses, submits Content to the Platform is referred to as a “User.” Employees and Employers in aggregate are also “Users.” The Platform 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 Platform and our Service.
- “Employer” and “Prospective Employer” shall refer to any company / entity that is using our Service for the purpose of recruiting job candidate(s).
- “Employee” and “Prospective Employee” shall refer to any person who is using our Service for the purpose of seeking or finding employment.
- “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.
- “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, provided, however, that a fee schedule may be incorporated herein which deems the Success Fee deleted, and therefore inapplicable.
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; NO EMPLOYMENT RELATIONSHIP
Selected does not dictate to Employees what job they must accept and 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 Platform. 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. There is no and will not be any employment relationship between Selected and any of its Users.
3. Eligibility for being a User of the Platform
Users must be 18 years of age or older to use the Platform.
When registering, contributing any Content to the Platform 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 Platform or Service if you have been previously removed by Selected, or if you have been previously banned from the Platform 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 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 firstname.lastname@example.org 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.
6. User Generated Content
6A. OWNERSHIP OF USER GENERATED CONTENT
Any Content you submit to the Platform, 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 Platform 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 represent and warrant that you own or control all rights in and to your Content and have the right to grant the license granted below to us and our affiliates, service providers, and each of their and our respective licensees, successors and assigns. You further represent and warrant that all of your Content do and will comply with this Agreement.
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. We also have the right to: (a) remove or refuse to post any of your Content for any or no reason in our sole discretion; (b) take any action with respect to your Content that we deem necessary or appropriate in our sole discretion, including if we believe that your Content violates this Agreement (including any requirements for Content described below), infringes any intellectual property right or other right of any third party, threatens personal safety of users of the Platform or the public or could otherwise create liability for Selected; (c) disclose your identity or other information about you to any third party that claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform; or (e) terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of this Agreement. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement or court order requesting or directing us to disclose the identity or other information of anyone posting content on or through the Platform. YOU WAIVE AND HOLD HARMLESS SELECTED AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
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. We do not review Content before it is posted on our Platform and cannot ensure prompt removal of objectionable material after it has been posted. We assume no liability for any action or inaction regarding the posting of Content.
Any Content you submit is subject to the following requirements that it will not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales other than for the purpose of seeking or providing employment, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
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, 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 Platform shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
If you access the Platform through a mobile application, subject to the terms of this Agreement, Selected grants you a limited, non-exclusive and non-transferable license to: (a) download, install, and use the application for your personal, non-commercial use on mobile devices controlled by you, and (b) access, stream, download, and use on your mobile device the Content and portions of the Platform made available in or otherwise accessible from the application. You acknowledge and agree that the application is provided under license, and not sold, to you. You do not acquire any ownership interest in the application under this Agreement, or any other rights thereto other than to use the application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Selected and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
8. DMCA Notices
Selected respects the intellectual property of others. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Platform infringes your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- Include both of the following statements in the body of the DMCA Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Our designated Copyright Agent to receive DMCA Notices is:
601 W 26th St, Suite #325-292
New York, NY 10001
9. Restrictions On Use
You may use the Platform only for lawful purposes and in accordance with this Agreement. You agree not to use the Platform:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the requirements for Content set out in this Agreement below.
- To transmit, or procure the sending of, any advertising or promotional other than as set forth in this Agreement for the purposes of securing or offering employment, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Selected, a Selected employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Selected or Users or expose them to liability.
Additionally, you agree not to:
- Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
- Except for operators of public search engines, use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform. Operators of public search engines may copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, provided, however, that such operators do not create caches or archives of such materials, and Selected reserves the right to revoke these exceptions at any time and without notice either generally or in specific cases.
- Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Platform.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored or hosted off of, or any server, computer or database connected to the Platform.
- Attack any part of the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Platform.
If you access the Platform through a mobile application, you agree that you shall not: (a) copy the mobile application, except as expressly permitted in this Agreement; (b) modify, translate, adapt, or otherwise create derivative works or improvements of the Application; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; or (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof.
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.
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. If a Fee Schedule is executed between Prospective Employer and Selected, the terms of such Schedule shall be incorporated herein by this reference.
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. Notification of Acceptance Job Offers
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 Platform and clicking on the "Settings" link, available at the top of the pages or screens of the Platform. 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 Platform after termination or during suspension.
You hereby acknowledge and agree that Selected, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Platform or otherwise terminate your access to or participation in the use of the Platform (or any part thereof), or remove and discard any submitted Content on the Platform (a "Termination of Service"), immediately and without notice, for any reason, including without limitation, Account inactivity or if Selected believes or has reason to believe that you have violated any provision of this Agreement.
Of the Platform: 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 THE PLATFORM 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 PLATFORM 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 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 PLATFORM 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 PLATFORM 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 Platform.
19. Waiver and Severability
No waiver by Selected of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Selected to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
20. Our Contact Information
601 W 26th St., Suite #325-292
New York, NY 10001