TERMS OF SERVICE FOR USERS OF TRADE HOUNDS, INC. (“TRADE HOUNDS”) WEBSITES AND MOBILE APPLICATIONS
Effective 7/28/2020 | View Archived Versions
2) Children not Authorized. The TRADE HOUNDS application is not intended for the use of children under 18 and no such person is authorized to use it.
- The content on the application, are owned by or licensed to TRADE HOUNDS, Content on the Application is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Application or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Application or the Intellectual Property therein.
- When you provide User Submissions, you grant to TRADE HOUNDS, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
- In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of TRADE HOUNDS, inappropriate, defamatory, false, obscene, violent, unlawful, or otherwise objectionable (hereinafter, “Prohibited Content”). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to TRADE HOUNDS, may result in account suspension or termination.
- TRADE HOUNDS may refuse or remove a User Submission in its sole discretion and without notice to you. However, TRADE HOUNDS shall have no obligation to monitor User Submissions, and you agree that neither TRADE HOUNDS nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions. Notwithstanding the foregoing, TRADE HOUNDS reserves the right to monitor all activity conducted over the Application and anticipates that it will do so from time to time.
- TRADE HOUNDS does not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.
- You represent and warrant that you have all rights necessary to grant to TRADE HOUNDS the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law. No material is to be included in the Application unless the person or entity proposing to include it has full ownership or a valid written license allowing its inclusion.
- When submitting any photos of Your work, You will not submit any that allow identification (directly or through metadata) of the pertinent property, owner or physical location and will not make any submission that includes any objects beyond those directly illustrating your work.
4) No Reuse. Material appearing in the application may not be reproduced or used for any other purpose without the express prior written consent of TRADE HOUNDS.
5) No Warranty. TRADE HOUNDS does not perform any due diligence and cannot and does not warrant any content, including without limitation, any job description, statements regarding compensation, benefits or working conditions or other job attributes or work environment, which appears through the application or any service or product provided by anyone using the application and users acquire no rights with respect to TRADE HOUNDS. All warranties, including warranties of merchantability, title, non-infringement, and fitness for a particular purpose, are expressly disclaimed by TRADE HOUNDS. Any warranties or commitments pertaining to products or services or jobs or engagements mentioned on this application must be negotiated and addressed only with the pertinent provider or employer. TRADE HOUNDS shall have no responsibility for any action or omission of any user of the application, whether an employer or otherwise. Users must use the application and related services solely at their own risk.
6) No Assurance of Employment; Waiver of Liability. You agree that Trade Hounds does not and will not promise employment, and Trade Hounds will not be involved in the selection of candidates for any position listed on this application. Use of this application provides no guarantee, whatsoever, that you will be hired. Trade Hounds is not liable for any claims arising out of your use of this application, and you release Trade Hounds from any such claims, including but not limited to any claims on behalf you, you forever release and fully discharge any and all claims against Released Parties (defined below). This release is comprehensive and Released Claims include all claims (including claims to costs or attorneys’ fees), damages, causes of action, and disputes of any kind whatsoever, whether known or unknown, anticipated or unanticipated, contingent, or otherwise, occurring or that could be alleged to have occurred before the date and time of this Agreement.
For the purposes of this Agreement, “Released Parties” means Trade Hounds, and each of its affiliates, subsidiaries, parents, joint venturers, and related companies and its and their present, former, and future successors and assigns, and all of its and their respective present, former, and future owners, directors, officers, stockholders, investors, employees, members, agents, representatives, assigns, insurers, trustees, employee benefit programs (and the trustees, administrators, fiduciaries, and insurers of such programs), attorneys, both individually and in their representative capacities.
For the purposes of this Agreement, “Released Claims” includes, all claims you had or may have had against Trade Winds in the past, present or future, including, but not limited to: breach of any contract; breach of the covenant of good faith and fair dealing; breach of fiduciary duty; fraud; termination in violation of public policy; breach of any securities laws or regulations; emotional distress; defamation; negligent hiring; violation of any and all state, federal, or local statutes, regulations, or ordinances (hereinafter “Laws”), including, but not limited to, laws that prohibit discrimination, harassment, and retaliation on the basis of race, color, national origin, ancestry, age, disability, pregnancy, religion, sex, sexual orientation, gender identity, genetic characteristic, marital status, medical condition, and veteran status, all claims arising under the Massachusetts Statutes and common law, the Fair Labor Standards Act, claims for payment of wages, the Americans with Disabilities Act, the Family and Medical Leave Act, the Employee Retirement and Income Security Act, state and federal occupational health and safety Laws, and any other state or federal laws that may affect or relate to employment with a third party found through this application.
7) No TH Involvement with Employers. You understand that Trade Hounds is not involved with any employer or any employer’s selection criteria, and Trade Hounds does not guarantee the schedule or availability for conducting interviews by any employer and cannot vouch for the validity of the contact information provided to us. You also understand that the employer is solely responsible for any and all questions, comments, or hiring decisions made, and employers are responsible for any accommodations you need during the application process, in an interview, and/or during employment.
8) LIMITATION OF LIABIILTY. YOU UNDERSTAND AND AGREE THAT TRADE HOUNDS LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE APPLICATION AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL TRADE HOUNDS, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “TRADE HOUNDS ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TRADE HOUNDS ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). YOUR ACCESS TO AND USE OF THIS APPLICATION IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE APPLICATION OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APPLICATION OR THE CONTENT. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
9) No Service Provider Responsibility. Any objection to services provided by any user of this application, including without limitation, anyone seeking to hire or engage and user of this application, must be pursued with said user. TRADE HOUNDS shall have no responsibility of any kind to anyone, whether an employer, candidate or otherwise for any service.
10) No Assurance of Engagement. Use of this application does not constitute any assurance of engagement to provide services in any capacity, whether employee, independent contractor or otherwise.
11) Risk of Security Breaches. While TRADE HOUNDS believes and intends that its information security practices reflect good practice, there is no such thing as perfect information security. Thus, users assume the risk of security breaches and all consequences resulting from them. In furtherance of the foregoing, users must safeguard their TRADE HOUNDS credentials.
12) Take-Down Notices. Anyone believing that any material in the application is infringing their copyright interest or otherwise violating any of their rights should provide written notice to TRADE HOUNDS describing in detail the basis for their concern and their legal interest in the material at issue as follows. TRADE HOUNDS’ registered DMCA agent, Peter Maglathlin, can be reached at email@example.com.
Upon receipt of such notice, TRADE HOUNDS will investigate and remove material if necessary. The complaining party will be notified of the results of such investigation.
13) Modification by TRADE HOUNDS. TRADE HOUNDS may modify these Terms of Service or modify/discontinue the application at any time for any reason.
14) Choice of Law and Arbitration.
- Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Application (including all commercial transactions conducted through the Application) (“Claims”), shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. The arbitration shall be held in Suffolk County, Massachusetts, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in courts of the Commonwealth of Massachusetts, provided that:
- The arbitrator shall not have authority to award punitive damages; and
- Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and TRADE HOUNDS agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
15) Compliance with Laws, Employer Policies and Union Contracts. All parties shall comply with all applicable laws and regulations in the provision and/or procurement or engagement of services in any capacity, whether employee or independent contractor or otherwise. Service providers shall comply with all applicable union contracts. Individuals employed by or under contract with an organization shall comply with all applicable rules and policies of that organization.[/vc_column_text]
TERMS OF SERVICE FOR EMPLOYERS ON TRADE HOUNDS
In full consideration of Employer’s waivers, releases, and covenants under this Agreement, and the value and consideration received, this Employer agreeing to these Terms (‘Employer’) through an electronic or physical expression of assent desires to obtain candidates to fill one or more staff positions calling for expertise in one or more trades and to be performed in the United States, which it currently desires to fill; and,
Trade Hounds, Inc. (”TH”) maintains a mobile application utilized by persons who claim such expertise and which possess functionality intended to assist such persons to locate potential employers and employment opportunities (the ‘Jobs Platform’).
Employer and TH agree as follows:
1) Possible Additional Functionality. TH contemplates – but does not guarantee – provision by December 31, 2020 of additional functionality, which may include the ability to ‘search’ for candidates with specific backgrounds and engage in ongoing communications with them. These additional services may be subject to additional or increased fees.
2) No IP Rights. Employer acquires no rights in any intellectual or other property of TH.
3) No Assurance of Functionality. TH makes no representation or warranty that the Jobs Platform will function in an uninterrupted manner or at all or in accordance with Employer expectations or that it will be suitable for the needs of Employer in any respect or will provide access to any qualified candidates. TH may, but is not obligated to, furnish new versions of the Jobs Platform which may not function in the same manner as prior versions.
4) No Candidate Screening. Employer acknowledges that TH does not undertake any background review or other screening of candidates and makes no warranty or assurance of the experience, education, suitability, qualifications, or other attributes of any candidate. All screening and decisions related to a candidate and his/her ability to fill a job position are the sole responsibilities of Employer.
5) Third Party Payment Processing; No Security Assurance. Employer acknowledges that TH utilizes the services of one or more third parties to process credit card payments and that TH will share with such third parties all information provided by Employer. Employer further acknowledges that while TH reasonably believes that such third parties utilize commercially reasonable data security practices, it provides no assurances that this is the case and that Employer assumes all risk of unauthorized access to or use of information provided by it. Without limiting the generality of the foregoing, Employer assumes full responsibility for safeguarding and misuse of the credentials issued to it.
6) No Inappropriate Content. Employer shall not post any content which violates any law or TH policy promulgated from time to time, including without limitation, laws and policies governing intellectual property and confidential information, defamation, incitement of violence or privacy and shall comply with all applicable laws. The sole purpose of this functionality is to assist Employer in locating potential job candidates. Any use outside of this purpose is strictly prohibited.
7) TH Content Removal. TH shall be entitled in its sole discretion to remove without notice to Employer, any content which it believes to violate any law or policy.
8) Employment law Compliance. Employer agrees to abide by any and all state, local, and federal laws as it relates to job candidates and or employees that Employer hires. This includes, but is not limited to, compliance with immigration, discrimination and harassment (sex, race, ethnicity, color, gender, disability, sexual orientation, pregnancy, religion, gender identity, national origin, ancestry, genetic characteristic, marital status, medical condition, veteran status) and Equal Employer Opportunity requirements and laws, as well as the Fair Labor Standards Act, proper classification of workers as employees, proper payment of wages, provision of meal and rest breaks, payment of overtime wages, compliance with pay day and pay stub laws and requirements, the Americans with Disabilities Act, the Family Medical Leave Act, Families First Coronavirus Response Act, Employee Retirement Income Security Act, federal and state occupational health and safety laws (including OSHA regulations), and any other laws or regulations related to employment or related to a candidate’s application or seeking employment with Employer.
9) No Joint Employer. Employer agrees that under no circumstances is there a joint employer relationship between TH and Employer. Rather, to the extent that Employer chooses to hire a candidate that it locates from this application, Employer shall be the sole employer to that candidate. Employer agrees that Employer will be the sole entity or individual that: (1) hires or fires a candidate or employee; (2) supervises and controls the employee’s work schedule or conditions of employment to a substantial degree; (3) determines the employee’s rate and method of payment; and (4) maintains the employee’s employment records.
Employer agrees that TH does not and will not exercise, directly or indirectly, one or more of the elements of control listed above. Furthermore, Employer agrees that any applicants it identifies through this application will be economically dependent and receive compensation solely from Employer. Nothing in this Agreement permits TH to have any right of control on any job candidate or employee identified through this application.
10) Employer Indemnity. To the fullest extent permitted by applicable law, Employer shall indemnify and hold harmless TH and all of its affiliates against and defend it from any and all claims, lawsuits, losses, costs or damages incurred including reasonable attorneys’ fees and disbursements, amounts payable in settlement or judgement or otherwise, arising from or associated with any claim involving in any respect any action of Employer or any of its agents, employees, or affiliates. TH shall use its reasonable efforts to provide Employer with prompt written notice of any actual or potential claim for which indemnification is sought, but such notice shall not be a condition precedent to such indemnification obligation. TH and Employer shall cooperate as reasonably requested with the investigation, defense and/or settlement of any such claim; provided however, Employer shall not enter into any settlement without the prior written consent of TH, in its sole discretion. This includes, but is not limited to any claims or lawsuits brought by job candidates or applicants using this application.
11) Entire Agreement. This agreement encompasses all agreements and understandings of Employer and TH, written or oral. This Agreement supersedes and replaces all prior understandings, negotiations, commitments, writings, and agreements between the parties hereto, whether written or oral, express or implied, with respect to its subject matter. Each party to this Agreement acknowledges that no representations, warranties, inducements, promises, or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, that are not embodied herein. This Agreement is binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. This Agreement may only be modified in writing, by authorized representative of TH.
12) Severability. If any provision or part of any provision of this Agreement, is held invalid, void, or voidable as against public policy or otherwise, the invalidity will not affect other provisions or parts of any provision that may be given effect without the invalid provision or part. To this extent, the provisions and parts of any provisions of this Agreement are declared to be severable. To the extent any terms of this Agreement are put into question, all provisions will be interpreted in a manner that would make them consistent with current law.
13) Governing Law and Arbitration. This agreement and any claims arising hereunder shall be governed by Massachusetts law, excluding its conflict of laws rules. Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Application (including all commercial transactions conducted through the Application) (“Claims”), shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. The arbitration shall be held in Suffolk County, Massachusetts, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in courts of the Commonwealth of Massachusetts, provided that: (a) the arbitrator shall not have authority to award punitive damages; and (b) any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. Employer and TH agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis. Any such claims shall be resolved exclusively by single panel arbitration in Boston MA in accordance with the rules of the American Arbitration Association.
14) LIMITATION OF LIABIILTY. IN CONSIDERATION OF THE VALUE HEREIN, EMPLOYER UNDERSTANDS AND AGREES THAT TH LIMITS ITS LIABILITY IN CONNECTION WITH EMPLOYER’S USE OF THIS APPLICATION AND JOBS PLATFORM AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL TH, ITS PARENTS (IF ANY), SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “TH ENTITIES AND INDIVIDUALS”), BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. IN NO EVENT SHALL TH ENTITIES AND INDIVIDUALS TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). ACCESS TO AND USE OF THIS APPLICATION IS AT EMPLOYER’S RISK. IF EMPLOYER IS DISSATISFIED WITH THE APPLICATION OR ANY OF THE CONTENT, THEIR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APPLICATION OR THE CONTENT. BY ACCESSING THE WEBSITE, EMPLOYER UNDERSTANDS THAT IT MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, EMPLOYER AGREEs TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT WAIVER OF SUCH CLAIMS.
15) Trade Hounds Contact Information. We may be contacted at the following: firstname.lastname@example.org or US mail to 294 Washington Street, Suite M18, Boston, MA 02108.