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You agree that by registering, accessing or using our Platform (described below), you are agreeing to enter into a legally binding contract with C2C Connect even if you are using our Platform on behalf of a company.
If you do not agree to this contract, do not register, access or use our Platform. If you wish to terminate this contract, you can do so at any time by closing your account and no longer accessing or using our Platform.
This Contract applies to all C2C Connect Platforms: C2Cconnect.net the [add app] and C2C-related sites, apps, communications and other Platform that state that they are offered under this Contract ("Platform"), including the offsite collection of data for the Platform, such as our ads. Registered users of our Platform are "Members" and unregistered users are "Visitors". This Contract applies to both Members and Visitors.
You are entering into this Contract with C2C Connect (also referred to as "C2C" or "we" or "us" or "our").
This contract applies to Members who register as Consultants, Companies or Recruiters.
This Agreement contains provisions that govern how claims you and we may have against each other are resolved (see Section __ below) , including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 1 . Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding; and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
To use the Platform, you agree that:
Creating an account with false information is a violation of our Terms of Service, including accounts registered on behalf of others or persons under the age of 18.
By registering or using the Platform, Members represent and warrant that they themselves, and/or the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the relevant jurisdiction(s) and in relation to the specific job or service they are performing.
C2C is not in the business of providing any particular type of employment or other professional service, managing or otherwise handling the hiring of any employee, contractor or other provider of any professional Platform, or engaging in recruiting activities of any type. All Members understand and agree that by creating and maintaining an account on the Platform, they receive only the ability to use the Platform to access persons interested in locating employees, contractors and/or professionals on the one hand, or employers or sponsors on the other related tools made available on the Platform, including but not limited to the ability to communicate with Members in relation to relevant purposes offered through the Platform. All Members understand and agree that using the Platform does not guarantee that any particular Member will engage with them for employment or related professional services supported by the Platform.
All Members understand and agree that they are C2C users, and are not C2C employees, joint venturers, partners, or agents.
All Members acknowledge that C2C does not control, and has no right to control the terms of any particular employment or professional services engagement, including but not limited to compensation, work schedule or equipment provided.
C2C, as permitted by applicable laws, obtains reports based on publicly available information regarding its Recruiter and/or Company Members, which may include Department of Labor data, relevant information obtained from the appropriate Secretary of State, and any other pertinent and publicly available information. We may limit, block, suspend, deactivate, or cancel a Recruiter and/or Company Member's account based on the results of such a check. As a Recruiter and/or Company, you agree and authorize us to use relevant information, such as your Company's full name, registration with the Secretary of State in the State where incorporated, or your full name and date of birth, to obtain such reports from C2C vendors.
Members are account holders.
You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections) and (4) follow the law and our list of Dos and Don'ts listed below .
You are responsible for anything that happens through your account unless you close it or report misuse.
As between you and others (including your employer), your account belongs to you. However, if the Platform were purchased by another party for you to use (e.g. Recruiter seat bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of the Platform; however, they do not have rights to your personal account.
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Please review your settings to control and limit messages you receive from us.
California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals or settings. Because there currently is not an industry or legal standard for recognizing or honoring DNT signals, the website may not respond to all DNT signals at this time and you should not expect the website to recognize or respond to DNT signals that may be sent from your browser.
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.
We'll honor the available choices you make about who gets to see your information and content, including how it can be used for ads.
As between you and C2C, you own the content and information that you submit or post to the Platform, and you are only granting C2C and our affiliates the following non-exclusive license:
Your use of others' content and information posted on our Services, is at your own risk. Others may offer their own products and services through our Services, and we aren't responsible for those third-party activities.
We have the right to limit how you connect and interact on our Platform.
C2C reserves the right to limit your use of the Platform, including the number connections you have and your ability to contact other Members.
C2C reserves the right to restrict, suspend, or terminate your account if we believe that you may be in breach of this Contract or law or are misusing the Platform (e.g., violating any of the Dos and Don'ts specified below ).
The Platform and its entire contents, including, but not limited to, the trademarks, service marks, logos, text, information, material, software and graphics contained on the Platform, are owned by us, our affiliates or our or their licensors or licensees (collectively, the "Materials"). As a Member we grant you a non-exclusive, non-transferable, revocable, limited license to use the Platform and access the Materials. The Materials are protected by copyright, trademark and other intellectual property laws and treaties. We make no proprietary claim to any third-party content, names, trademarks or service marks appearing on the Platform, which are the properties of their respective owners. The Platform and the Materials are for your information and personal use only and not for commercial exploitation by you. We reserve all rights not expressly granted in this Agreement.
If you are a copyright owner or an agent of a copyright owner and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information in writing in an email with "DMCA Notice" in the subject line to Add Contact Email . The information you must include in your request is summarized below. Please see 17 U.S.C 512(c)(3) for further detail:
You acknowledge that if you fail to comply with all of the requirements of this Section 7.5 , your DMCA notice may not be valid.
If C2C has received up to three DMCA notices that allege you have posted infringing materials on the Platform, C2C will automatically terminate your access to the Platform. C2C may also terminate access subject to Section 7.3 described above.
We use data and information about you to make relevant suggestions to you and others.
We will use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend jobs to you and you to recruiters. Keeping your profile accurate and up-to-date helps us to make these recommendations more accurate and relevant.
No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and any Member or Visitor.
In connection with use of C2C's Platform, C2C charges certain Fees ("C2C Fees" or "Fees") for Company Members. These fees are disclosed to you when you register to use the Platform.
Company Members agree to pay these Fees. You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Charges shall be made to your credit card, PayPal or other payment method designated at the time you make a purchase or register for a service. If you do not pay on time or if C2C cannot charge a credit card, PayPal or other payment method for any reason, C2C reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. Such communication may be made by C2C or by anyone on its behalf, including but not limited to a third-party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any Account, you agree that C2C may charge such unpaid Fees to your credit card or otherwise bill you for such unpaid Fees. You understand and agree that you are solely responsible for determining your own tax reporting and sales tax collection requirements in consultation with tax advisers, and that we cannot and do not offer specific tax advice to any Members, including Company Members. All sales on C2C are final and non-refundable, except as otherwise specified herein.
Without limitation, below are the C2C Do's & Don'ts:
C2C does not endorse any Members of or Visitors to the Platform. No agency, partnership, joint venture, or employment is created as a result of this contract or any Visitor's or Member's use of any part of the Platform.
Neither C2C nor any Members or Visitors of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. This Terms of Service contract requires Members to provide accurate information, and although C2C may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members, we do not make any representations about, confirm, or endorse any Member or their purported identity or background, regardless of the specific aspect of the Platform they are using or any involvement by C2C personnel in providing service on the Platform.
C2C values our Consultant, Recruiter and Company Members, and we understand that occasionally disputes may arise between or among them. By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against those particular Members or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from C2C with respect to such actions or omissions.
You agree to defend, indemnify and hold C2C, our directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Platform, including, without limitation, your breach of this Terms of Service, our contract with you, or any allegation that any materials you submit to us or transmit to the Platform infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party. You will not be required to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, or expenses resulting from our own negligent conduct.
To the extent permitted by applicable law, the platform, including, without limitation, all content, information, software, services, graphics, functions and materials, are provided "as is," without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, or uninterrupted access; any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that the service, the materials or the functions, features or content contained therein will be timely, secure, uninterrupted or error free, that the materials or content will be correct, accurate or reliable, or that the service, or the server that makes it available is free from viruses or other harmful components or that defects will be corrected. We make no warranty that the service will meet users' requirements. No advice, results or information, whether oral or written, obtained by you from us or through the service shall create any warranty not expressly made herein. If you are dissatisfied with the platform, your sole remedy is to discontinue using the platform.
You acknowledge and agree that your use of the platform is at your own risk and, to the extent permitted by applicable law, that in no event shall we or any of our directors, officers, employees, agents, affiliates, or content or service providers be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the platform or the services, content, materials and functions related to it, or any failure of performance, error, omission, interruption, defect, delay in operational transmission, computer viruses or line failure, including, without limitation, any loss of data, opportunities, impacts on reputation, loss of revenue, or anticipated profits or lost business or lost sales related to the services (e.g. offensive or defamatory statements, down time or loss, use of, or changes to, your information or content), even if we or such individual has been advised of the possibility of such damages, whether based on contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall we be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any member or other person on or through the service.
In no event shall the liability of c2c and its affiliates (and those that c2c works with to provide the services) exceed, in the aggregate for all claims, an amount that is the lesser of (a) five times the most recent monthly or yearly fee that you paid for a premium service, if any, or (b) us $1000.
This limitation of liability is part of the basis of the bargain between you and c2c and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if c2c or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
All claims arising out of or relating to this Terms of Service contract and/or your use of the Platform will be finally settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with the provisions of the Consumer Arbitration Rules of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator—and not any federal, state, or local court or agency—will have exclusive authority to resolve all disputes arising out of or relating to this Agreement. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award will be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction. he interpretation and enforcement of this Agreement will be subject to the Federal Arbitration Act.
The aaa's rules governing the arbitration may be accessed at www.adr.org or by calling the aaa at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, c2c will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to aaa along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to aaa. The arbitration rules also permit you to recover attorney's fees in certain circumstances.
The Parties further agree that any arbitration will be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above will be deemed null and void in its entirety and the Parties will be deemed to have not agreed to arbitrate disputes.
Not with standing the Parties' decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this section by sending written notice of your decision to opt-out to the following address: [add address] , Attention: [add]. The notice must be sent within thirty (30) days of registering to use the Platform, otherwise you will be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, then C2C also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, then C2C may terminate your use of the Platform.
To the extent that the arbitration provisions set forth in Section 12.1 do not apply, the parties agree that any litigation between them will be filed exclusively in state or federal courts located in the State of Arizona, Maricopa County (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in the State of Arizona, in Maricopa County for any litigation other than small claims court actions.
You agree that federal laws and the laws of the State of Arizona without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and C2C.
C2C undertakes every effort to avoid any restrictions, impairments, interruptions to connections or other restrictions of use of the Platform, so far as this is technically possible. Given the current state of technology, C2C cannot totally rule out the possibility of such restrictions occurring. In the event of any restriction resulting from C2C actions, C2C’s liability shall be as set out in Section__ of these Terms of Service
We can each end this Contract anytime we want.
Both you and C2C may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Platform. The following shall survive termination:
You can visit our Help Center to close your account .
If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable.
If C2C does not act to enforce a breach of this Terms of Service contract, that does not mean that C2C has waived its right to enforce this Terms of Service contract. You may not assign or transfer this Contract (or your membership or use of the Platform) to anyone without our consent. However, you agree that C2C may assign this Terms of Service contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Terms of Service contract.
You agree that the only way to provide us legal notice is at the addresses provided in the How to Contact Us section below.
Not with standing any terms set forth in these Terms of Service, if any of the provisions set forth in Sections 13, 14, or 15 are held unenforceable, void or inapplicable under New Jersey law, then any such provision shall not apply to you but the rest of these Terms of Service shall remain binding on you and RDT. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statue. Notwithstanding any provision in these Terms of Service, nothing in these Terms of Service is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.
Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to [add]. Users may also contact us by writing to [add]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
These Terms of Service supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Platform, the Platform’s contents and any services provided on the Platform. In the event of any conflict between these Terms of Service and any other agreement or understanding related to the Platform, these Terms of Service shall control.
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