IF YOU ARE A JOB SEEKER (AS DEFINED BELOW) RESIDENT IN THE EUROPEAN UNION, PLEASE SEE SECTION 18, WHICH DESCRIBES ADDITIONAL TERMS FOR CONSUMERS (JOB SEEKERS) BASED IN THE EUROPEAN UNION.
Certain features of the Services may also have their own specific terms and conditions that you agree to when you sign up for that particular function or service ("Specific Terms of Service"). Applicable Specific Terms of Service supplement this Agreement, but if any term of this Agreement expressly conflicts with any term of any applicable Specific Terms of Service, the conflicting term in the Specific Terms of Service will control, but only with respect to the applicable function or service. All other terms and conditions in both this Agreement and the Specific Terms of Service will remain in force.
Types of Users
The word "you" as used in this Agreement applies to visitors who browse the SEALS Inc. website and individuals who access and use the Services on their own behalf and/or on behalf of an entity. If you use SEALS Inc. on behalf of an employer, organization, agency, institution, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf.
A User who/that searches for an employee, views a resume/CV (as those terms are defined below) and/or posts and/or distributes job openings ("Job Advertisements") on behalf of themselves and/or a third party are also referred to in this Agreement as a "Client."
In addition to the rest of this Agreement, please review the terms of Section 9 carefully if you are using the Services as a Client.
If you use the Services to register for Job Alerts (as defined below), to upload your resume/CV, or to search for or apply to Job Advertisements, we refer to you as a "Job Seeker."
In addition to the other provisions of this Agreement, please review the terms of Section 8 carefully if you are using the Services as a Job Seeker.
2. USE OF THE SERVICES
You must be at least 18 years of age or the age of majority in the jurisdiction in which you reside so that you can form a binding contract with SEALS Inc. You may not use the Services if your use of the Services has been previously terminated or suspended by SEALS Inc., unless we have provided you with specific written authorization to reuse the Services.
By providing SEALS Inc. your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service.
If you do not want to receive such email messages, you may opt out or change your preferences by notifying SEALS Inc. Opting out may prevent you from receiving email messages regarding updates or improvements.
You acknowledge and agree that SEALS Inc. may use third-party vendors and/or partners to provide the Services (or any portion of the Services) to you and share personal information with such third parties as necessary in order to provide the Services to you.
By using the Services, you acknowledge that we do not have control over the quality, accuracy, completeness, veracity, or legality of content provided by third parties. In addition, you acknowledge that we do not have control over the integrity, responsibility, or actions of Job Seekers or Clients.
C. User Accounts
The information in this section applies to all User accounts. When creating your account or uploading information through your account, you represent and warrant that you will provide accurate and complete information. You are solely responsible for the activity that occurs under your account. All Users must keep their account passwords secure. We encourage you to use strong passwords (passwords that use a combination of upper and lowercase letters, numbers, and symbols) with your account. You must notify SEALS Inc. immediately of any breach of security or unauthorized use of your account. SEALS Inc. will not be liable for any losses caused by any unauthorized use of your account.
Users have no ownership rights in their accounts, and in the event that your account is terminated by you or us, the contents of your account may not be available. SEALS Inc. reserves the right to delete a User account in the event of any inactivity.
If you access the Services through a social networking site, you agree that SEALS Inc. can access, store, and make available any information and data that you provide in your applicable social networking site account such that the same information is available in your User account. You agree that we are not liable for any personal information that is made available to us in violation of your privacy settings with the applicable social networking site.
D. General Rules for Use of Services
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including, without limitation, by any automated or non-automated scraping; (ii) using any automated system, including, without limitation, robots, spiders, offline readers, etc., to access the Services in a manner that sends more request messages to the SEALS Inc. servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that SEALS Inc. grants the operators of public search engines revocable permission to use spiders to copy materials from SEALS Inc. for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited communications; (iv) attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information from the Services, except as expressly permitted by certain features of the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; (xii) bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (xiii) disclosing or sharing login credentials; (xiv) reverse engineering or decompiling any parts of the Services; (xv) framing or linking to any information or content on the Services; (xvi) posting or submitting any inaccurate, incomplete, or false biographical information or another person's information; or (xvi) posting or submitting any material that is unlawful, illegal, defamatory, offensive, discriminatory, threatening, or obscene as determined by SEALS Inc. in its sole discretion.
We may, without prior notice, change any aspect of the Services; stop providing the Services or features of the Services, or create usage limits for the Services. We may permanently or temporarily limit, condition, terminate, or suspend your access to the Services or any features thereof, without notice and liability for any reason, including if in our sole determination you breach or violate any provision of this Agreement, commit fraud or other abuse using the Services, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. SEALS Inc. disclaims any liability for your interactions with other Users, or for any User's action or inaction. SEALS Inc. shall have no obligation to you to enforce this Agreement against any other User.
If you have questions about the Services or your User account, please email us or call the numbers listed on the bottom of the Agreement.
3. USER CONTENT AND USERS
The Services may allow Users to post and/or provide content that may be viewable by other Users, including, without limitation, Job Advertisements, company information, a Job Seeker's application information, message content, resume/CV, logos, trademarks, comments, questions, and other content or information ("User Content").
User Content is the sole responsibility of the individual or entity that provided the User Content. You are solely responsible for your User Content and the consequences of posting, providing or publishing it.
The list set forth in the next sentence is intended to be illustrative of the types of User Content that are prohibited, but is not an exhaustive list. You agree not to post or provide User Content that (i) may create a risk of harm to any person or property; (ii) provides instructional information about illegal activities; (iii) involves the transmission of junk or unsolicited mail or other communications, phishing, or scamming; (iv) provides a link to material that is illegal or offensive, or targets or solicits personal information from anyone under the age of 18 (or any other applicable age of majority); (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that is false or misleading; or (ix) violates the Intellectual Property Rights (as defined below) or rights of privacy of any third party. For the purposes of this Agreement, "Intellectual Property Rights" means patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction. If you are a Client providing or submitting Job Advertisements, you further agree that such content will not contain any personally identifiable information.
You agree that SEALS Inc. makes no representations, warranties, promises, or guarantees regarding any content provided or generated by third parties, including, without limitation, the content of messages, Job Advertisements, and resumes. You further agree that SEALS Inc. acts as a passive conduit for the distribution, provision, and publication of User Content and has no obligation to screen or verify the accuracy, legality, legitimacy, truthfulness, or completeness of User Content, and accordingly, you accept that SEALS Inc. is not responsible and has no liability for User Content. You understand that you may be exposed to User Content that is inaccurate, incomplete, illegal, misleading, false, offensive, constitutes spam, or is otherwise unsuited to your purpose, and you accept that it is your responsibility to verify the quality, accuracy, truthfulness, legality, or reliability of User Content, including, without limitation, resumes/CVs and Job Advertisements and the content of messages. Your reliance on any User Content is at your own risk.
Notwithstanding the foregoing, although SEALS Inc. has no obligation to screen User Content, to the extent that SEALS Inc. becomes or is made aware of User Content that may or does (i) violate the terms of this Agreement or any other Agreement you have with SEALS Inc., (ii) violate any law or regulation, (iii) violate the rights of third parties, or (iv) create liability for SEALS Inc. or otherwise negatively impact SEALS Inc., SEALS Inc. reserves the right to reject and/or remove such User Content and suspend and/or terminate any User account associated with such User Content.
Please note Section 230 of the U.S. Communications Decency Act ("CDA") and the equivalent or similar laws in your jurisdiction, which are intended to exclude or limit the liability of online service providers such as SEALS Inc. that provide or make available access to third-party User-generated content. (Specific reference is made to § 230 (c)(1), which states: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.")
The decision by SEALS Inc. to remove or not post or distribute any User Content does not by itself amount to participation in the creation of such User Content and, accordingly, does not constitute a waiver of the immunity afforded by the CDA. Additionally, § 230 (c)(2) of the CDA specifically provides: "No provider or user of an interactive computer service shall be held liable on account of (A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable whether or not such material is constitutionally protected…."
You understand and agree that SEALS Inc. does not, and cannot, confirm that each User is who he/she/they claim to be. We are not responsible for authenticating Users, and therefore it is your responsibility to conduct the appropriate due diligence before communicating or interacting with other Users, including, without limitation, Job Seekers, employers, recruiters, and their representatives. You assume all risks associated with Users with whom you come into contact. If you have any disputes or issues with any User, you agree to pursue any remedies directly with the applicable User, and you release SEALS Inc. and its employees, directors, and agents from all claims, demands, and damages of every kind (actual and consequential and direct and indirect, known and unknown, suspected and unsuspected, disclosed and undisclosed) to the fullest extent permitted by law.
SEALS Inc. reserves the right to disclose User Content and any information related to the provider of such User Content to third parties in connection with the operation and provision of the Services, to enforce the terms of any agreement that we have with you, to comply with legal obligations and requests from governmental authorities, law enforcement agencies, court orders, subpoenas, etc., and to protect the interests of SEALS Inc. where necessary. For the avoidance of doubt, you agree that we have the right to disclose your identity to a third party who is claiming that any User Content you posted, provided, or uploaded is fraudulent, false, or misleading or constitutes a violation of the law or a violation of their intellectual property or ownership rights or of their right to privacy.
4. USER CONTENT LICENSE GRANT
By posting, submitting, providing, and/or otherwise making available any User Content, you expressly grant, and represent that you have a right to grant, to SEALS Inc. a royalty-free, sublicensable (through multiple layers of sublicensees), perpetual, transferable, nonexclusive, worldwide license to use, sell, reproduce, adapt, translate, sublicense, publicly perform, publicly display, and make derivative works from and otherwise exploit all such User Content in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for the purposes of posting such User Content on the SEALS Inc. websites, distributing such User Content through the SEALS Inc. network and in Job Alerts to Job Seekers, and to promote SEALS Inc. and the Services. This license continues even if you stop using the Services.
If you are a Client, you acknowledge and agree that SEALS Inc. has no obligation, and may be unable, to remove your Job Advertisements and other content (including any logos and/or trademarks contained therein) once they have been (i) distributed via the SEALS Inc. network, (ii) listed in search engine results, (iii) distributed on websites and in Job Alerts, or (iv) incorporated into fixed media displays of SEALS Inc. or any third party, and in each case listed in (i) to (iv) above, the license grant from you above will be perpetual and irrevocable for such uses. To the extent your User Content is a trademark, trade name, service mark, or service name protected by law, the foregoing license also extends to the use by SEALS Inc. to identify you as a User of the Services in any promotional and marketing materials to promote SEALS Inc. and the Services. Further, to the extent you have given SEALS Inc. the right to access certain User Content that is present on another website or service you own or control, you give SEALS Inc. the right to scrape such website as required to retrieve such User Content for use on the Services as contemplated in the license grants above.
You represent and warrant that you have the rights, power, and authority necessary to grant the rights described in this section to User Content that you submit, provide, make available, or post via the Services, that the use by SEALS Inc. of your User Content will not violate any law or infringe the rights of any third party, and that your User Content and any other information that you provide to us is legal, complete, legitimate, truthful, and accurate.
6. OUR PROPRIETARY RIGHTS
With the exception of content owned by or licensed from third parties, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and other content (the "SEALS Inc. Content"), and all Intellectual Property Rights related thereto, are the exclusive property of SEALS Inc. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible through your use of the Services. Use of the SEALS Inc. Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited.
If you participate in any evaluation regarding the Services or otherwise provide SEALS Inc. with suggestions, comments, ideas, opinions, recommendations for the modification, correction, improvement, or enhancement of the Services, or other feedback regarding the Services (collectively, "Feedback"), you agree that SEALS Inc. owns such Feedback. Accordingly, you understand and accept that SEALS Inc. will be free to use, disclose, reproduce, license, or otherwise distribute, commercialize, and exploit the Feedback as it sees fit, entirely without obligation or restriction of any kind and without compensation to you. You agree not to provide any Feedback that is false or misleading or that breaches any agreement you have with a third party.
7. PAID SERVICES
A. Billing Policies
Certain aspects of the Services may be provided for a fee. If you elect to use paid features of the Services, you agree to the pricing and payment terms for the applicable Services, as we may update them from time to time. SEALS Inc. may add new services and products for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. We may also provide certain services via our third-party partners, and you agree that your use of such third-party services is subject to the contractual (including payment) terms presented by such third parties should you wish to use their services. You further agree that SEALS Inc. has no responsibility for such third-party services and your use of such services is entirely at your own risk. Any change to the fees for paid services becomes effective in the billing cycle following notice of such change to you.
B. No Refunds
You may cancel your subscription to services at any time, and you accept that you will not receive a refund of prepaid fees for such cancellation. In the event that SEALS Inc. suspends, limits, conditions, or terminates your access to the Services and/or your account due to your breach of this Agreement or any other agreement that you have with SEALS Inc., you understand and accept that you will not receive a refund for any unused time with respect to fees that you have prepaid for the Services, and to the extent that you have not paid the applicable fees, you will remain liable to pay SEALS Inc. the entire fees due for the Services, as applicable.
C. Payment Information; Taxes; Delinquent Payments
All information that you provide in connection with a monetary transaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect when such charges are incurred (see section D below). You will also pay any applicable taxes relating to such transactions. If at any time SEALS Inc. is required by a taxing authority to pay any taxes not previously collected from you, you will promptly submit such taxes (including applicable penalties and interest, if any) to SEALS Inc. upon written notice.
Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including legal fees and expenses) incurred by SEALS Inc. in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies. In addition, if you are late in payment of any fees, we reserve the right to either: (i) immediately suspend or terminate your access to the applicable Services without notice, and in the event of any such suspension or termination, you will remain responsible for the entire amount of fees owing for such Services; or (ii) bill your credit/debit card on file with us under this or any other agreement.
D. Payment Methods
You authorize SEALS Inc. to charge your credit or debit card or process charges using another acceptable payment method that you have chosen from those offered ("Payment Method") for the applicable fees, together with any applicable sales, use, excise, consumption, or other similar tax applicable to the Services. You agree to accept an electronic record of a receipt. If at any time your Payment Method will not accept the charge for fees due, you agree that SEALS Inc. may suspend or terminate your access to the applicable Services and that you will continue to remain liable for the full payment for such Services even after your access to the Services has been terminated or suspended. By providing any Payment Method, you agree that applicable credit card, debit card, and billing information may be shared with third parties such as payment processors, credit agencies, and/or collection agencies for the purposes of checking your credit, effecting payment, collecting payments and late fees if applicable, providing the applicable Services to you, or enforcing this Agreement. We may also share this information with law enforcement authorities and in response to subpoenas, court orders, and search warrants.
E. Account Suspensions and Terminations
SEALS Inc. can suspend or terminate your access to the Services and/or this Agreement in the following instances: (i) if you breach this Agreement and cannot correct the breach within that period required by SEALS Inc. (if the breach is capable of cure); (ii) immediately, if you fail to pay any monies owed to SEALS Inc. for paid services; (iii) immediately in the event of recurring violations of this Agreement. In the event of any termination or suspension of your access to the Services and/or termination of this Agreement, you remain responsible for the entire amount of the fees pertaining to the applicable Services. SEALS Inc. may suspend your access to the Services without notice in the event of a suspected violation of this Agreement. You may terminate this Agreement if SEALS Inc. materially breaches this Agreement and does not cure the breach within 10 days after receipt of written notice from you. Prepaid fees are nonrefundable, except in the case of an uncured material breach by SEALS Inc., in which case you will receive a pro-rata refund of any prepaid fees pertaining to Services paid for, but not provided.
8. ADDITIONAL TERMS THAT APPLY TO JOB SEEKERS
As a Job Seeker, you can (i) use the Services to search for jobs, (ii) apply for jobs ("Job Applications"), (iii) receive job alert emails or text messages, where such features are available to you ("Job Alerts"), and (iv) include your resume/CV and other applicable information in the Resume/CV Database (as defined below). For purposes of this Agreement, references to "resume" or "CV" also include a curriculum vitae, profile, references, recommendations, and other similar written overviews or assessments of a person's experience and qualifications.
You agree that if you have a SEALS Inc. account or if you have provided your resume/CV to SEALS Inc. and/or if you have signed up for Job Alerts, we may use the information you provide to send you information about Job Advertisements that may be of interest to you, and you also agree that we may provide your resume/CV (to the extent that you have not designated it as private) to an employer or recruiter who may be interested in candidates who have shown an interest in positions similar to the type that you have searched for or applied to.
To the extent that you wish us to share your information and resume/CV with potential employers or recruiters (including, where you have submitted your resume/CV to the database or because you have applied to a Job Advertisement on a SEALS Inc. website), you consent to our sharing your resume/CV, together with any additional information you provide to us during the application process. This means that you give us a nonexclusive, royalty-free, worldwide license (and right to sublicense) of any rights, including Intellectual Property Rights, in your resume/CV and any additional information you provide to us, to share or otherwise use such resume/CV and additional information as we reasonably require to provide the Services.
A. Job Applications in General
You should ensure that the information you provide is complete and accurate and contains only information that you are comfortable sharing.
If you apply for a job using the Services, you accept that SEALS Inc. does not guarantee that any recipient entity will receive, access, view, or respond to your requests or Job Applications or that the transmission of data will be error-free. Any screener questions provided by the entity posting a Job Advertisement are entirely in the control of that entity, and if you require alternative screener questions or application process, you must contact the applicable entity directly.
B. Applying to Job Advertisements on a SEALS Inc. Website
It is your responsibility to ensure that the resume/CV associated with your account is always updated, current, and accurate before you apply to a Job Advertisement so an employer receives the most up-to-date information about you. If you have opted in to the database, make sure that employers see the most up-to-date information about you. You may delete old resumes/CVs, edit your resume/CV, or upload a new resume/CV.
C. Account Creation
Before applying to a Job Advertisement, please ensure that your resume is up to date so that employers receive the most recent information about you. If you do not wish to have a SEALS Inc. account, please close your account.
D. Resume/CV Database
SEALS Inc. has a feature that permits Job Seekers to include a resume/CV and other applicable information in a database (the "Resume/CV Database") to be stored on the SEALS Inc. server and potentially to be accessed by employers.
If you make your resume/CV public, it will be (i) added it to the Resume/CV Database, (ii) available to be viewed or downloaded by any persons or entities that have access rights to the Resume/CV Database, and (iii) visible in whole or in part via search engine results. However, if you wish, you can restrict access to your resume to certain schools.
If you have added your resume/CV to the Resume/CV Database, you consent to SEALS Inc. matching words, skills, or certifications that are present or implied in your resume or other application materials to words, skills, or certifications present or implied in a Job Advertisement or an employer's or recruiter's search of terms, and if there are any matches, to present matching resumes/CVs to the applicable employer or recruiter and to send information to you about Job Advertisements that may be of interest to you. You may exclude particular schools, if you wish.
You can opt out of including your resume/CV in the Resume/CV Database and public visibility at any time by adjusting the settings in your account and we will remove your resume/CV from the Resume/CV Database and disable visibility to search engines as soon as reasonably practicable. You can also choose to limit access to particular schools that you select. However, if an entity has already accessed your resume/CV through the Resume/CV Database or search engines and copied or saved your resume before you restrict that school's access, that entity will continue to have access to your resume/CV and all information you included in your resume/CV.
E. Interactions with Other Users; Scams; Confidentiality
You are solely responsible for your interactions with Users whom you contact or who contact you. Note: There are risks, including, without limitation, the risk of physical harm, that may arise when dealing with strangers, who may be persons acting under false pretenses. You should therefore use caution with regard to the information you elect to share as part of your User Profile or Job Application or resume/CV. List only the contact information that you are comfortable disclosing to Clients and other Users of the Services.
In addition to carefully reviewing this section and Section 3 above, you should conduct your own due diligence on potential employers and Job Advertisements that may be of interest to you. As mentioned in Section 3, SEALS Inc. does not authenticate Users or guarantee that a Job Advertisement is suitable, legitimate, or real. If you are concerned about any particular communication you have received from a potential employer (either because it's unsolicited or you received the communication in response to your Job Application), or if you are concerned about any particular Job Advertisement you find on the SEALS Inc. recruitment website, or if you find a Job Advertisement that is fake or fraudulent, you should do the following:
- Contact SEALS Inc. immediately and do not respond to the sender of the communication; and concurrently,
- Conduct your own Internet search of the purported employer and the person who emailed you. U.S. Job Seekers should check whether any complaints were made to organizations such as the Better Business Bureau or the Federal Trade Commission ("FTC"). The FTC provides recommendations on its website regarding job scams, including, but not limited to: https://www.consumer.ftc.gov/articles/0243-job-scams. Job Seekers in the United Kingdom should conduct similar Internet searches and can also check websites such as www.safer-jobs.com. You should also report scams to Safer Jobs at: https://www.safer-jobs.com/contact.cfm?type=fraud.
- If you discover that an email received is connected to a fake or fraudulent Job Advertisement, you should send that email to the email provider that hosts the scammer's email address and request that the account be closed. Some of the more common fraud departments are:
- U.S. Job Seekers should file a complaint with the FTC at https://www.ftccomplaintassistant.gov/#crnt&panel1-1, their state attorney general and their local consumer protection agency. You can find more information by reviewing the video at: https://www.consumer.ftc.gov/media/video-0052-job-scams and https://www.consumer.ftc.gov/topics/jobs-making-money.
Remember, if the job or the job offer sounds too good to be true, you need to be extra vigilant and conduct your own checks before responding to any communication or taking any action.
The following is a non-exhaustive list of red flags that should alert you to check whether a communication is legitimate and/or whether any particular Job Advertisement is a scam—fake or fraudulent. But, this list doesn't cover every scenario; it's merely intended to highlight some of the more common scams. For more information, you should visit the websites listed above. Be on the alert:
- If you're offered a job soon after submitting your resume/CV, without having to go through an interview or other usual hiring process. Usually, when you apply for a vacancy, you expect to wait a few days or weeks to hear back, and then go through a hiring and interview process. Scams will offer you the job almost immediately;
- If the purported employer claims that it found your resume/CV on a website and offers you the job immediately;
- If the purported employer sends you a check (to cover your initial salary or buy equipment, for example) and asks you to deposit the check in your bank account and send them a check for some smaller amount. In addition to contacting SEALS Inc., you should take the check and any records of the communication to your local police department and file a police report;
- If the purported employer requires you to spend money on training or materials;
- If the purported employer asks you for personal details and/or financial details that you didn't include in your resume/CV. The requested information may be your bank details or your birth date, passport number or copy of your passport, Social Security number, etc. This type of information isn't typically required until you've gone through a hiring process including a formal interview, possibly met the employer in person, and received a formal offer letter or contract of employment;
- If the email or other communication from the purported employer contains misspellings or grammatical errors, is badly written or disjointed, and/or contains exclamation marks and words or sentences in capital letters, and/or requires you to accept the job offer immediately;
- If you applied for a position that is less senior to the one that is offered to you or offers a salary that is more than you would expect for the position you applied to; or
- If a Job Advertisement provides a lot of detail about a position but very little information about the type of candidate that is desired.
Additionally, although SEALS Inc. requests that Clients maintain the confidentiality of the Job Applications and resumes/CVs they receive through the Services, SEALS Inc. cannot and does not guarantee that the information you provide will be held in confidence or properly secured by the applicable recipient.
9. ADDITIONAL TERMS THAT APPLY TO PROVIDERS OF JOB ADVERTISEMENTS
A. Content Rules
With respect to all Job Advertisements that you submit, make available, provide, post, or distribute, whether on your own behalf or on behalf of a third party, in addition to the other requirements in this Agreement, you represent and warrant that: (i) the content of Job Advertisements, will comply with advertising standards and applicable laws; (ii) you have the necessary rights to permit the publication and use of Job Advertisements by SEALS Inc. pursuant to this Agreement; (iii) the use, reproduction, distribution or transmission of Job Advertisements will not violate any applicable laws or any rights of any third parties, including, without limitation, the infringement of any copyright, trademark, or other proprietary right, false advertising, defamation, any other right of any person or entity; (iv) the content of Job Advertisements shall comply with the then-current versions of this Agreement and Ad Guidelines (referenced below); and (v) you have the authority to grant permission to SEALS Inc. to wrap or collect Job Advertisements from applicable websites if necessary, to include in distributions and any such wrapping will not cause SEALS Inc. to violate the rights of any third party. You understand and agree that you are solely responsible for any liability arising out of publication of Job Advertisements or material to which Users can link though such Job Advertisements. You agree to indemnify and hold SEALS Inc. and its subsidiaries, and their respective officers, directors, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with Job Advertisements provided by you or any other content provided by you, or your breach of this Agreement.
You agree not to post or promote any Job Advertisements that: contain inaccurate, false, or misleading information; contain hidden keywords or keywords that are irrelevant to the job opportunity being presented; sell, promote or advertise products or services; endorse a particular political party, political agenda, or political position or promote a particular religion; advertise job openings located in countries subject to economic sanctions of the United States government or the European Union; except where allowed by applicable law, require the applicant to provide information relating to his/her: (i) racial or ethnic origin, (ii) political beliefs, (iii) religious beliefs, (iv) membership of a trade union, (v) physical or mental health, (vi) sexual life, (vii) commission of criminal offenses or proceedings, or (viii) age; contain content or links to content that exploit people in a sexual, violent, or other manner, or solicits personal information from anyone under the age of 13; include any screening requirement or criteria where such requirement or criteria is not a bona fide occupational requirement for the position; involve any franchise, pyramid scheme, club membership, distributorship, or multilevel marketing opportunity, or require recruitment of other members, subdistributors or subagents; require applicants to pay to apply, pay for training, pay for training materials, or pay for samples; contain content that violates applicable laws; pay commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the Job Seeker would be selling, in which case such Job Advertisements are permissible); require citizenship or lawful permanent residence in a country, unless that is required in order to comply with law, regulation, or a federal, state, or local government contract; contain links to any site competitive with the SEALS Inc. recruitment website other than to an actual job posting; or do not otherwise comply with the then-current Job Quality & Inclusion Guidelines.
Additionally, Job Advertisements must comply with applicable local, national, and international laws and regulations including, without limitation, those relating to labor and employment and anti-discrimination (or the equivalent in the country where the Job Advertisements are made available, posted, or distributed). In addition, they must comply with SEALS's and any other applicable nondiscrimination policy.
B. Distribution of Advertisements and Access to the Resume/CV Database
SEALS Inc. will make reasonable efforts to distribute Job Advertisements to entities in our distribution network or in Job Alerts (where a Job Seeker has opted in to receive such alerts) (collectively, "Distribution Channels"). However, you acknowledge and accept that we have no control over the communication networks, and therefore, we provide no guarantee that your Job Advertisements will actually be delivered over the Internet or via communication networks, be accepted by an entity in the Distribution Channels, or be received and/or read by a Job Seeker. By submitting a Job Advertisement, you give us permission to distribute that Job Advertisement in the Distribution Channels and on the SEALS Inc. website.
We make no guarantee as to the number or quality of candidates that you will receive as a result of your Job Advertisement. You are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate candidate.
C. Authorized Users
You are responsible for all activity, acts, or omissions of any person or entity that is able to access the Services under your account, and you will limit access to the number of Users that are allowed under your account (each an "Authorized User"). Additionally, you agree that: (i) login credentials and account information will not be shared with third parties; (ii) you will not sell or sublicense access to your account or the Services; (iii) you will not charge or receive payment, in cash or in kind, from any individual or entity for use of, or access to, any portion of the Services; (iv) you will ensure that Authorized Users comply with this Agreement and any other Specific Terms of Service or other related agreement that you have with SEALS Inc.; (v) you will promptly notify SEALS Inc. of any suspected or alleged violation of this Agreement, including any unauthorized use of any password or account information or any other known or suspected breach of security; and (vi) you will cooperate with SEALS Inc. with respect to investigation of any suspected or alleged violation of this Agreement and any action by SEALS Inc. to enforce this Agreement. SEALS Inc. may suspend, limit, condition, or terminate an Authorized User's access to the Services or any features thereof in the event that SEALS Inc. reasonably determines that such Authorized User has violated this Agreement or appears likely to do so.
D. Removal of Advertisements
You acknowledge and agree that SEALS Inc. may, with no liability or penalty, remove any Job Advertisement or other content, communication, or information posted which in the sole judgment of SEALS Inc. violates or may violate this Agreement, applicable laws, rules, or regulations, or third-party terms; or may adversely affect SEALS Inc.; or is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive, or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of, any third party.
E. Resume/CV Database
SEALS Inc. hereby grants you a limited, revocable, nontransferable, non-sublicensable, nonexclusive right to access the Resume/CV Database for the limited purpose of viewing and/or downloading the number of resumes/CVs for the sole purpose of seeking employment candidates for legitimate employment opportunities. You will not use automated computer programs or software to download resumes/CV or to extract Data (defined below), and you will not resell or sublicense access to the Resume/CV Database or any resume/CV (including Data). You further agree that you will not use the Resume/CV Database or its contents to market or sell products or services to the Job Seekers. Notwithstanding anything to the contrary in this Agreement, SEALS Inc. reserves the right to limit the amount of information (including resume/CV views and downloads) that may be accessed in any time period to mitigate any overload or in response to any abuse of the Services. The Resume/CV Database shall not be used in any manner that adversely affects SEALS Inc.'s business, imposes an unreasonable or disproportionately large load on the SEALS Inc. recruitment website infrastructure, or interferes with the ability of others to access the Resume/CV Database. SEALS Inc. reserves the right to suspend or terminate access to the Resume/CV Database or terminate this Agreement in the event of any noncompliance with the Agreement. You will remain primarily responsible for ensuring that Authorized Users comply with the terms of this Agreement. If a Job Seeker opts out of the Resume/CV Database at any time, SEALS Inc. reserves the right to block access to and/or remove the Job Seeker's resume/CV from the Resume/CV Database. You accept that SEALS Inc. does not verify whether any telephone number contained within a resume/CV is a landline or a cell phone number, and it is your responsibility to ensure that any communication with the data subject of the resume/CV is in compliance with applicable laws related to telephone calls, automated dialing, SMS, spam, fax, and unsolicited communications.
You represent, warrant, and promise that: (i) you will use the Resume/CV Database and the personal information contained within resumes/CVs (collectively, "Data"), as well as all other information uploaded to the website, is in accordance with applicable communication, privacy, and data protection laws; (ii) you will not further disclose any Data from the Resume/CV Database to a third party outside your law school; (iii) you will implement appropriate physical, technical, and administrative measures to protect Data obtained from the Resume/CV Database from loss, misuse, unauthorized access, disclosure, alteration, or destruction, and you will notify SEALS Inc. immediately in the event of any suspected or actual unauthorized access or disclosure of Data; (iv) Authorized Users will not share login credentials with any other party; (v) you will not use the contact information from resumes/CVs to send unsolicited mail, emails, phone calls, SMS, or faxes regarding promotions and/or advertising of your or a third party's products or services or to contact or source Job Seekers for career fairs and business opportunities; and (vi) you will respect the privacy choices of Job Seekers.
You accept that SEALS Inc. acts as a passive conduit for receipt of resumes/CVs and has no obligation to screen resumes/CVs, verify the identity of the person submitting a resume/CV, or verify the accuracy of the data or content contained in a resume/CV. It is your responsibility to conduct due diligence as regards the individual Job Seeker-subject of each resume/CV. We do not guarantee any response or the number of responses to your Job Advertisements or that any responses will be from individuals suitable for the job vacancy you advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that individuals who respond to your Job Advertisements have the required qualifications to meet your requirements.
F. Job Seekers
SEALS Inc. may inform Job Seekers that you have taken an action with respect to a resume/CV or a Job Application. You agree to deal fairly and professionally with individuals who may respond to your Job Advertisement and agree to indemnify us from and against any claim brought by an individual against SEALS Inc. arising from your breach of this Agreement or any other agreement you have with SEALS Inc.
G. Data Protection
You agree to implement appropriate physical, technical, organizational, and administrative measures (a) to prevent unauthorized or unlawful processing of any Personal Data (as defined below); for the purposes of this Agreement, "Personal Data"means data that relate to a living individual who can be identified (i) from such data or (ii) from such data together with other information that is in your possession or is likely to come into your possession; (b) to protect Personal Data against accidental loss, destruction, or damage; (c) to include taking reasonable steps to ensure the reliability of the personnel having access to the Personal Data; and (d) having regard to the state of technological development and the cost of implementing those measures so as to ensure a level of security appropriate to: (i) the harm that may result from breach of those measures and (ii) the nature of the Personal Data to be protected. You agree to comply with applicable data protection and privacy laws and regulations in applicable jurisdictions particularly as they relate to your operations and the residency of the applicable Data subjects. You further agree to indemnify, hold harmless, and defend SEALS Inc. at your own expense against all costs, claims, damages or expenses incurred by SEALS Inc. for which we may become liable due to any failure by you or your personnel or agents to comply with any of your obligations under this section and applicable data protection and privacy laws and regulations.
Unfortunately, the transmission of information over the Internet is not completely secure and we cannot, therefore, guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
12. INFRINGING OR ILLEGAL CONTENT
A. DMCA Notice Procedure
It is the policy of SEALS Inc. to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify the SEALS Inc. copyright agent as set forth below. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and provision of a link (where available) to where it is located on the Services;
- Information reasonably sufficient to permit SEALS Inc. to contact you, such as your address, telephone number, and email address;
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: Law Faculty Hiring Team
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
In accordance with the DMCA and other applicable law, SEALS Inc. has adopted a policy of terminating, in appropriate circumstances, the accounts of Users who are deemed to be repeat infringers. SEALS Inc. may also at its sole discretion limit access to the Services and/or terminate the accounts of any Users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.
B. Other Illegal or Infringing Content (Applicable to Users resident in the European Union)
If you believe in good faith that any content on the Services is illegal or infringes your or a third party's right (excluding copyright infringement) or you wish to make us aware of any other illegal or infringing acts which relate to the Services, you can contact us via email at: firstname.lastname@example.org . Any notice to us must contain: (a) a detailed description of the infringing or illegal material or activity including why it is infringing or illegal; (b) a detailed description specifying the location of the material that you claim is infringing or illegal (if applicable); and (c) your name, address, telephone number, and email address.
13. THIRD-PARTY LINKS AND SERVICES
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless SEALS Inc. and their respective directors, officers, board members, managers, members, employees, agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to all legal fees and expenses) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties herein; (iii) your violation of any third-party rights, including, without limitation, any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation, including, without limitation, your violation of the U.S. Fair Credit Reporting Act and any applicable data protection laws; (v) any claims or damages that arise as a result of your User Content; (vi) any other party's access and use of the Services with your account or login information; and/or (vii) your intentional or willful misconduct, or negligence.
15. NO WARRANTY
A. Disclaimer of Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SEALS Inc. DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN OPTION AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES, CONDITIONS, OR TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PURPOSE OR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SEALS INC., ITS EMPLOYEES, OR AGENTS, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY, TERM, OR CONDITION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (I) ANY CONTENT PROVIDED ON OR THROUGH THE SERVICES IS ACCURATE, LEGALLY COMPLIANT, UP TO DATE, RELIABLE, OR CORRECT; (II) THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR WILL BE UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR AVAILABLE AT YOUR OWN OPTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER TYPE OF LOSS THAT RESULTS FROM SUCH CONTENT OR YOUR USE OF THE SERVICES.
B. Universal Disclaimer
SEALS INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR SERVICE, AND SEALS INC. WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
SEALS INC. DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
16. LIMITATION OF LIABILITY
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, IN NO EVENT WILL SEALS INC. AND ITS RESPECTIVE BOARD MEMBERS, DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE FOR ANY (I) DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR LOSSES; (II) LOSS OF PROFITS, GOODWILL, USE, OR DATA THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL SEALS INC. BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SEALS INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS OR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION IN CONNECTION WITH OUR PROVISION OF THE SERVICES; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; (VII) USER CONTENT; OR (VIII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY.
- IN NO EVENT WILL SEALS INC., ITS OFFICERS, DIRECTORS, BOARD MEMBERS, MANAGERS, MEMBERS, EMPLOYEES, AND AGENTS, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO SEALS INC. IN THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM OR USD $10, WHICHEVER IS LESSER.
- THIS LIMITATION-OF-LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY, OR ANY OTHER BASIS, AND EVEN IF SEALS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
17. AGREEMENT TO ARBITRATE
This Agreement contains an arbitration provision that, with limited exception, requires you to submit disputes you have against SEALS Inc. to binding and final arbitration. You will be permitted to pursue claims against SEALS Inc. only on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will be permitted to seek relief (including monetary, injunctive, and declaratory relief) only on an individual basis. If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 17 is enforceable, the following mandatory arbitration provisions apply to you:
A. Binding Arbitration
This Section 17 is referred to in this Agreement as the "Agreement to Arbitrate." You agree that any and all disputes or claims that have arisen or may arise between you and SEALS Inc. or its affiliates, whether relating to the Services, this Agreement (including any alleged breach thereof), or otherwise (each a "Dispute"), shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Agreement to Arbitrate. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU UNDERSTAND THAT ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes, each available at www.adr.org, or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by you and SEALS Inc. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and SEALS Inc. may litigate in court to compel arbitration, stay proceeding pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
You and SEALS Inc. agree that any arbitration shall be limited to the Dispute between SEALS Inc. and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
C. Exceptions to Binding Arbitration
You and SEALS Inc. agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or SEALS Inc. Intellectual Property Rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (3) any claim for injunctive relief.
18. ADDITIONAL TERMS FOR CONSUMERS (JOB SEEKERS) BASED IN THE EUROPEAN UNION.
If you are a Job Seeker acting as a consumer and resident in the European Union, the following additional terms will apply to you:
19. EMPLOYMENT AGENCIES AND EMPLOYMENT BUSINESS REGULATIONS 2003 (FOR USERS IN THE UNITED KINGDOM)
For the purposes of the Conduct of Employment Agencies and Employment Business Regulations 2003 (the "Regulations"), Job Seekers and recruiters should be aware that SEALS Inc. is not an employment business and operates as a venue only and, accordingly, does not introduce or supply work seekers to recruiters (or vice versa). Accordingly, SEALS Inc. does not, without limitation: (i) acquire sufficient information for potential recruiters to select a suitable work seeker for the position that the recruiter seeks to fill; (ii) acquire confirmation of the identity of a work seeker or that the individual has the experience, training, qualifications, or authorization to work in the position to be filled or that the individual wishes to undertake the position to be filled; (iii) verify that the work seeker and recruiter are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the work seeker to fulfill the position to be filled; (iv) give any indication to recruiters whether work seekers sare unsuitable (or suitable) for any position to be filled in any circumstances; (v) propose work seekers to recruiters or provide any information about them other than in the course of providing a search function to recruiters to make key word searches of the resume/CV database; (vi) take up any references in relation to a work seeker; or (vii) make any arrangements for accommodation of work seekers.
Since SEALS Inc. is only a venue and does not propose or introduce work seekers to recruiters or vice versa, if you are a work seeker you undertake the steps set out in the Regulations to ensure your suitability for the position advertised or, if you are a recruiter, to ensure a work seeker's suitability for the position. These checks could include: (A) if you are a work seeker; checking the identity of the recruiter and the nature of its business, the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety, experience, training, qualifications, and authorization that the recruiter considers necessary or are required by law or otherwise to undertake the position, whether any expenses are payable by you as a work seeker or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position; and (B) if you are a recruiter; checking the identity of the work seeker and that the work seeker has the experience, training, qualifications, and authorization required by law or otherwise for the position and whether there are any requirements imposed by law or otherwise for you, as the recruiter, to meet to enable a work seeker to take up a position and additionally, where professional qualifications are required or where work seekers are to work with vulnerable persons or children, you should obtain copies of the relevant qualifications, background checks and references. Any searching or screening tools provided by us for use in your assessment of the suitability or otherwise of any particular candidate or advertised vacancy are to assist you in taking these steps but are not intended as a substitute for your own verifications of the candidate's qualifications, work history, and otherwise suitability for the position.
A. Governing Law and Location
The Services are controlled and operated by SEALS Inc. from within the United States of America. SEALS Inc. makes no representations that the Services or the materials available via the Services are appropriate or available for use in locations outside of the United States or the European Union. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with all U.S. laws as well as local laws, if and to the extent local laws are applicable.
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, this Agreement and any Disputes shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. An arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. Except as otherwise expressly provided in this Agreement, all arbitration and other litigation in a court of competent jurisdiction of any dispute between you and SEALS Inc. related to this Agreement shall be located in Louisville, Kentucky.
You may not use the Services if you are a resident of a country embargoed by the United States or are a foreign person or entity blocked or denied by the U.S. government.
This Agreement shall be personal to you and you may not assign, transfer, sublet, lease, or delegate all or any of your rights and obligations without the prior written consent of SEALS Inc. SEALS Inc. can assign this Agreement or delegate its obligations without restriction.
C. Relationship of the Parties
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, employer, contractor, or employee of the other. Neither party shall have or hold itself out to any third party as having any authority to make any statements, representations, or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
Except as set out in this Agreement, only you and SEALS Inc. may enforce this Agreement, as this contract is between you and SEALS Inc.; no other party shall be entitled to enforce the terms of this Agreement.
D. Notification Procedures
SEALS may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard-copy notice, or through conspicuous posting of such notice on our website, as determined by SEALS Inc. in its sole discretion. SEALS Inc. reserves the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in this Agreement. SEALS Inc. is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Under California Civil Code Section 1789.3, California Users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
E. Entire Agreement
This Agreement, together with any amendments, shall constitute the entire agreement and understanding between you and SEALS Inc. concerning the Services. You acknowledge and agree that you have not relied upon any statement, promise, or representation made or given by or on behalf of SEALS Inc., which is not set out in this Agreement or any document expressly referred to herein.
G. Compliance with Laws
You agree to comply with all applicable laws, regulations, and ordinances in the use of the Services and the conduct of your activities.
Pursuant to your use of the Services, you may receive information or be exposed to features and functionality that are not known or available to the general public, including, without limitation, login credentials, technology, API Keys, dashboards, widgets, insertion codes, and guidelines and documentation relating to the Services ("Confidential Information"). You agree that: (a) all Confidential Information will remain the exclusive property of SEALS Inc.; (b) you will use Confidential Information only as is necessary for your use of the Services and in accordance with this Agreement; (c) you will not disclose Confidential Information to any third party; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. You further agree not to share with, or otherwise disclose to, any third party login credentials or any other mechanism that permits access to the Services or any other nonpublic area of the SEALS Inc. website.
I. Equitable Relief
You acknowledge that a breach by you of any confidentiality or proprietary rights provision of this Agreement may cause SEALS Inc. irreparable damage, for which the award of damages would not be adequate compensation. Consequently, SEALS Inc. may institute an action to enjoin you from any acts in violation of those provisions, which remedy shall be cumulative and not exclusive. Additionally, SEALS Inc. may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.
J. No Publicity
You shall not publicly disclose, issue any press release, make any other public statement, or otherwise communicate with the media concerning the existence of this Agreement, the subject matter hereof, or the relationship with us without the prior written approval of SEALS Inc. You further agree not to misrepresent or embellish your relationship with us. You agree to refer any inquiry that you receive from the media or other third parties concerning this Agreement, the Services, and/or SEALS, to email@example.com.
K. Electronic Contracting
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY THIS AGREEMENT AND THAT YOUR INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO TRANSACTIONS YOU ENTER INTO ON the SEALS INC. WEBSITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
Any waiver of any provision of this Agreement will be effective only if in writing and signed by SEALS Inc. No failure by SEALS to exercise or delay in exercising any rights hereunder shall operate as a waiver hereof, nor shall any single or partial exercise of any right hereunder by SEALS Inc. preclude any other or future exercise of that right or any other right hereunder by SEALS Inc. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision, and such invalid provision shall be deemed to be severed from this Agreement.
Customer Support Questions. If you have questions about your User account, your subscription plan, Job Alerts, applications to Job Advertisements, or any other Services-related questions, please contact SEALS Inc.
Data Privacy Questions. If you have any questions regarding our personal data practices, please contact us by using the communication information listed under Technical or Customer Service Questions, below.
Technical or Customer Service Questions. Wherever you are located, if you have any questions as regards the use of the Services, questions about your account, and/or technical or other customer support questions regarding your use of the Services, please contact us via email at: firstname.lastname@example.org