These terms of use are entered into by and between You (which term, as used herein, includes You personally and each company or organization, in each case on whose behalf we will provide services and/or software on or through the use of www.transitionoverwatch.com (the “Website“) (collectively, the “Services“), and Transition Overwatch, LLC (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of the Website, including any content, functionality, and services offered on or through, whether as a guest or a registered user.
Please read the Terms of Use carefully before You start to use the Website. By using the Website, or by clicking accept or agree to the Terms of Use when this option is made available to You, You accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If You do not want to agree to these Terms of Use or the Privacy Policy, You must not access or use the Website.
EMPLOYERS: If You are accepting these Terms of Use on behalf of, or for the benefit of, your Employer (as hereinafter defined), then You are agreeing to these Terms of Use on behalf of yourself and your Employer, and You represent and warrant that You have the authority to bind your Employer to the terms and conditions set forth in these Terms of Use. If You do not have such authority, or if You do not agree to any of the terms in these Terms of Use, then You are not permitted to use the Services and You should stop using the Services and the Website immediately.
JOB SEEKERS: If You are a Job Seeker (as hereinafter defined) or a visitor simply accessing this Website (each, a “Guest”), this is a contract between You and the Company. You may use the Services only if You can form a binding contract with the Company, and only in compliance with these Terms of Use and all applicable laws, rules and regulations. The Services are only available for individuals aged 18 years or older. If You are under 18 years of age, please do not use the Services. Any use or access to the Services by anyone under 13 is strictly prohibited and in violation of these Terms of Use. The Services are not available to any Guests or Job Seekers previously removed from the Services by the Company. Services are currently provided to Job Seekers for free. Job Seekers must notify the Company if they accept a Job Offer as described herein.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, You represent and warrant that You are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Website.
THESE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES JOB SEEKERS AND GUESTS TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION. THIS MEANS THAT ALL JOB SEEKERS AND GUESTS WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY AND THAT ALL JOB SEEKERS AND GUESTS WAIVE THEIR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.
The Company is an online recruiting marketplace for service members and veterans who are currently serving in the United States military or who have transitioned from active duty service in the United States military within the last thirty-six (36) months. Our Services allow such individuals seeking employment opportunities (each, a “Job Seeker”) to connect with companies or organizations who subscribe to our Services and are seeking to recruit such individuals (each, an “Employer”). We serve as intermediary between Job Seekers and Employers. Except to the extent required by the federal government, the Company is not involved in any contract of employment and is not bound by any contractual agreement arising between Job Seekers and Employers, whether or not the Company receives some form of remuneration in connection with the transaction.
EMPLOYERS:
Upon registering as an Employer, You will be assigned a Company employee who will be responsible for the day-to-day management of your Employer account (“Account Manager”). The Account Manager will work with You to (i) capture your unique training and/or employment program (your “Employer Program”) to be listed on our Website or (ii) to assist you with your engagement in an existing employment program offered by or through the Company (“Company Programs”, and together with the Employer Programs, collectively, the “Marketplace Programs”)(the aggregate pool of Employer Programs of all Employers and all Company Programs is hereinafter referred to as, the “Marketplace”). Employers will be able to view certain profiles of Job Seekers who are admitted into the Marketplace and who are interested in participating in a Marketplace Program and initiate contact with You as described herein. If a Job Seeker is interested in connecting with You, You will be able to connect with such Job Seeker through the use of our Services by accepting a request to connect sent by such Job Seeker through the Services (each, a “Connection Request”) or through your Account Manager. Once You have received a Connection Request, You may view the profile of the Job Seeker submitting such request and You may, in your sole discretion, accept or reject the Connection Request; provided, however, that You must accept or reject a Connection Request within ten (10) business days of your receipt of the same. If You accept the Connection Request, You may then connect with the Job Seeker who sent such Connection Request outside of the Marketplace in accordance with these Terms of Use. If You do not accept the Connection Request within the time allotted above, the Connection Request will expire and You will no longer be able to view the profile of the Job Seeker submitting such request to You or to connect with such Job Seeker. Your interaction with a Job Seeker may result in an offer for employment from You (“Job Offer”); provided, however, that any Job Seeker may, in its sole discretion, decline any invitation to connect in your response to a Connection Request from such Job Seeker, or accept or reject any Job Offer.
JOB SEEKERS: Upon registering as a Job Seeker, You may receive an invitation to be admitted into the Marketplace and view the various Marketplace Programs included therein. If You are admitted into the Marketplace, your profile and Job Seeker Content (as defined below) will be visible and accessible by certain Employers to whom you send a Connection Request. If you are interested in connecting or interviewing with an Employer, You may send a Connection Request to such Employer. The Company will review such Connection Request to ensure that You meet the requirements with respect to the particular Marketplace Program that is the subject of the Connection Request, and if such requirements are met, the Company shall forward the Connection Request to such Employer. Upon receipt by Employer of such Connection Request, such Employer shall have access to and visibility of your profile and Job Seeker Content. The Employer may, in its sole discretion, accept or reject a Connection Request; provided, however, that such Employer must accept a Connection Request within ten (10) business days of its receipt of the same. If the Employer does not accept Your Connection Request within the time allotted above, the Connection Request will expire and the Employer will no longer be able to view your profile or to connect with You. If the Employer accepts your Connection Request, You may then connect with the Employer outside of the Marketplace in accordance with these Terms of Use. Your interaction with an Employer may result in the Employer extending an offer for employment to You (“Job Offer”); provided, however, that You may, in your sole discretion, accept or reject a Job Offer or decline any invitation to connect sent by an Employer in response to your Connection Request.
Effective as of February 13, 2024, the Company may, in its sole discretion, pay a signing bonus to registered Job Seekers (“Eligible Candidates”) who accept a Job Offer for full time employment of an indefinite term from an Employer through use of the Marketplace and commence employment with such Employer (“Signing Bonus”). The Company will use reasonable efforts to pay any such Signing Bonus within one hundred and twenty (120) days after the date of the Eligible Candidate’s commencement of such employment with an Employer, and such Signing Bonus shall be in the amount of the Company’s then current rate applicable to such Signing Bonus. In the event that the Eligible Candidate fails to notify the Company of a signed and accepted Job Offer, or does not act in good faith regarding a signed and accepted Job Offer, or otherwise is no longer employed by the Employer as of the payment date of the Signing Bonus, the Eligible Candidate shall not be entitled to receive any Signing Bonus with respect to such signed and accepted Job Offer. The Company reserves the right, and has the maximum discretion permitted by law, to interpret, administer, change, modify, cancel, delete or stop offering the Signing Bonus at any time without any notice, and/or to reduce or change the amount of any Signing Bonus without notice. No statement or representation of any employee of Company, whether oral or written, can supplement or modify this policy. All payments made under this policy are subject to applicable taxes.
Effective as of February 13, 2024, the Company may, in its sole discretion, pay Eligible Candidate a referral bonus for referring Job Seekers to the Company who also register as a Job Seeker and also become an Eligible Candidate (“Referral Bonus”). A referred Job Seeker must (i) have registered for the Company through the referring Eligible Candidate’s unique application link (“Referral Link”) provided by the Company (such referred and registered Job Seeker shall hereinafter be referred to as “Eligible Referred Candidate”), (ii) have never previously been a Job Seeker registered with the Company, (iii) not be working with an employment agency claiming a fee, (iv) be personally known to the referring Eligible Candidate, (v) have accepted a Job Offer for full time employment of an indefinite term from an Employer through use of the Marketplace, and (vi) commence employment with such Employer. The Company will use reasonable efforts to pay any such Candidate Referral Bonus within one hundred and twenty (120) days after the commencement date of the Eligible Referred Candidate’s employment with an Employer, and such Candidate Referral Bonus shall be in the amount of the Company’s then current rate applicable to such Candidate Referral Bonus. Eligible Candidates are limited to one Candidate Referral Bonus for each Eligible Referred Candidate (i.e., future Job Offers accepted by an Eligible Referred Candidate will not qualify for any additional Candidate Referral Bonus). The referring Eligible Candidate and the Eligible Referred Candidate cannot be the same person. Eligibility is limited to current registered Job Seekers of the Company as of the payment date of the applicable Candidate Referral Bonus. If two or more Eligible Candidates refer the same Eligible Referred Candidate, the Referral Link of the Eligible Candidate utilized first by the Eligible Referred Candidate will be eligible for the Candidate Referral Bonus. The Company reserves the right, and has the maximum discretion permitted by law, to interpret, administer, change, modify, cancel, delete or stop offering the Candidate Referral Bonus at any time without any notice, and/or to reduce or change the amount of any Candidate Referral Bonus without notice. No statement or representation of any employee of Company, whether oral or written, can supplement or modify this policy. All payments made under this policy are subject to applicable taxes.
EMPLOYERS: In addition to the terms and conditions of these Terms of Use, your use of the Website and Services is also governed by the License Terms. The Company may terminate the provisions or rights set forth in the License Terms in accordance with the terms hereof and thereof. In the event of a conflict between these Terms of Use and the License Terms, the License Terms shall govern.
JOB SEEKERS: Subject to the terms and conditions of these Terms of Use, You are hereby granted a non-exclusive, limited, non-transferable, freely revocable right to use the Services only and as permitted by the features of the Services. The Company may terminate this license at any time for any reason or no reason.
The Company reserves all rights not expressly granted herein in the Services and the Company Content (as defined below).
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction and Arbitration will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website and/or the Services following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page each time You access this Website so You are aware of any changes, as they are binding on You.
You may control your account and how You interact with the Services by changing the settings in your account profile. By providing the Company your email address You consent to our using the email address to send You notices related to our Services, 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 Services and special offers. If You do not want to receive such email messages, You may opt out or change your preferences in your account profile. Opting out may prevent You from receiving email messages regarding updates, improvements, or offers.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
To access the Website and/or use the Services, You must (a) activate an Employer account or (b) register by creating a Job Seeker account, as applicable. You may never use another user’s account without permission. During the registration/onboarding process, You will have to provide your name, email address, and company name or phone number (as applicable) and You will be asked to create a password for your account. It is a condition of your use of the Website that all the information You provide on the Website is correct, current, and complete and You will maintain the accuracy of such information. You agree that all information You provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy,and You consent to all actions we take with respect to your information consistent with our Privacy Policy.
If You choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that your account is personal to You and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You are solely responsible for the confidentiality of your account and for the activity that occurs on the account, and You must keep your account password secure. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that You exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. The Company will not be liable for any losses caused by any unauthorized use of your account.
We are under no obligation to accept any individual as a Job Seeker, and may accept or reject any registration in our sole and complete discretion. Unless You have executed an order form to subscribe to our Services, we are under no obligation to accept any individual, company or organization as an Employer, and may accept or reject any such registration in our sole and complete discretion. We have the right to disable any username, password, or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms of Use.
Except for the Employer Content and the Job Seeker Content (as each such term is hereinafter defined), the Website and the Services and all materials contained therein, including but not limited to all of their contents, features, and functionality (including but not limited to all information, software, text, displays, graphics, copy, artwork, logos, trademarks, service marks, copyrights, photographs, images, video, and audio, and the design, selection, sequence, feel and arrangement thereof, and all copyrightable or otherwise legally protectable elements of the Services) (collectively referred to herein as “Company Content“), and content belonging to other users, including but not limited to, the Job Seeker Content and the Employer Content, (collectively referred to herein as “Other Content” and, together with the Company Content, the “Collective Content“), are owned by and are the exclusive property of the (i) Company, (ii) its licensors, (iii) in the case of the Employer Content, the applicable Employer, and in the case of the Job Seeker Content, the applicable Job Seeker, , or (iv) other providers of such material, including but not limited to, other persons, entities and users, including Visitors, who post content to the Website or Services, as applicable, and in each case are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
EMPLOYERS: Except as explicitly provided herein, nothing in these Terms of Use 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 the Collective Content, or otherwise use the Collective Content in any way for any public or commercial purpose (except solely to the extent that such Collective Content is your own Employer Content). Use of the Collective Content for any purpose not expressly permitted by these Terms of Use is strictly prohibited.
Notwithstanding anything set forth in these Terms of Use, Employer may (a) make a limited number of copies of Job Seeker Content, and (b) distribute such content solely internally to its employees, in each case solely to the extent necessary to promote Employer’s hiring of the Job Seekers to whom such Job Seeker Content belongs. You must retain all copyright and other proprietary notices contained in the original Collective Content on any copy You make of Collective Content. The use or posting of Collective Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If You violate any part of these Terms of Use, your permission to access and/or use the Collective Content, any access to the Website and/or the Services automatically terminates and You must immediately destroy any copies You have made of the Collective Content.
As noted above, the Services may provide Employers the ability to post and upload content including but not limited to, job description, and selection criteria (collectively, the “Employer Content”). You expressly acknowledge and agree that once You submit your Employer Content through the Services, it will be accessible by Job Seekers, and that there is no confidentiality or privacy with respect to such Employer Content, including, without limitation, any personally identifying information that You may make available through the Services. YOU, AND NOT THE COMPANY, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR EMPLOYER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SERVICES.
If You submit Employer Content to us, each such submission constitutes a representation and warranty to the Company that You own or otherwise have the valid right, by contract or otherwise, to grant to the Company the rights and licenses described in these Terms of Use, deliver to the Company the Employer Content and that the Company may use the Employer Content as permitted herein without violating any applicable law, rule or regulation or infringing or misappropriating any intellectual property or moral rights of any person, and that such Employer Content does not contain any libelous, defamatory, or obscene material or content that violates our Terms of Use.
JOB SEEKERS: As noted above, the Services provide Job Seekers the ability to provide and/or post and upload content including but not limited to, their profiles, resume/CV and job preferences (collectively, the “Job Seeker Content”). You expressly acknowledge and agree that once You submit your Job Seeker Content through the Services, it will be accessible by Employers as described herein, and that there is no confidentiality or privacy with respect to such Job Seeker Content, including, without limitation, any personally identifying information that You may make available through the Services, except to the extent expressly set forth in these Terms of Use. YOU, AND NOT THE COMPANY, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR JOB SEEKER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SERVICES. Whether inside or outside of the United States, You are solely responsible for ensuring compliance with the applicable laws of your specific jurisdiction, including without limitation, all data privacy and security laws, rules and regulations, with respect to the Collective Content and otherwise.
These Terms of Use permit You to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, including without limitation the Collective Content, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website, including without limitation the Services.
If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Website, the Services or any content on the Website or Services is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Except for the licenses provided or referred to in this Section, You retain all copyrights and other intellectual property rights in and to your own Employer Content or Job Seeker Content, as applicable. You do, however, hereby grant us a non-exclusive, royalty-free, sublicensable, transferable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your Content as reasonably necessary to provide the Services to You under these Terms of Use.
Although we encourage You to e-mail us, we do not want You to, and You should not, e-mail us any content that contains confidential information. You may choose to or we may invite You to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (collectively, the “Feedback”). By submitting any Feedback, You agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Company under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to You, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, the Company does not waive any rights to use similar or related ideas or feedback previously known to the Company, or developed by its employees, or obtained from sources other than You.
The Company name, the term “Transition Overwatch”, the Transition Overwatch logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company in each instance. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
Additionally, You agree not to:
We reserve the right, in our sole and absolute discretion, to deny You (or any device) access to the Website and/or the Services, or any portion of the Website and/or the Services, with respect to Job Seekers, without notice, and with respect to Employers, in accordance with the terms hereof and of the License Terms.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials, including without limitation the Employer Content and the Job Seeker Content (collectively, “User Contributions“) on or through the Website or Services.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution You post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, You grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose in accordance with your account settings.
You represent and warrant that:
You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by You or any other user of the Website.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Each Employer will:
Except as expressly permitted in these Terms of Use, no Employer will remove or transfer any of the Job Seeker Content outside of the Website and/or Services.
If You believe that any User Contributions violate your copyright, please see our Copyright Policy below for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If You believe any materials accessible on or from this Website infringe your copyright, You may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
| | Copyright Agent |
If You fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if You knowingly materially misrepresent that material or activity on the Website is infringing your copyright, You may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter Notification Procedures
If You believe that material You posted on the Website was removed or access to it was disabled by mistake or misidentification, You may file a counter notification with us (a “Counter Notice“) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against You within ten business days of receiving the copy of your Counter Notice.
Please be aware that if You knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, You may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on this Website is subject to our Privacy Policy. By using the Website, You consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Additional terms and conditions may also apply to specific portions, services, or features of the Website, including the License Terms (governing Employer subscriptions to our Services). All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
You may link to our homepage, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable You to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, You must not:
The website from which You are linking, or on which You make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If You decide to access any of the third-party websites linked to this Website, You do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of Maryland in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on your own initiative and are responsible for compliance with local laws.
NONE OF THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, LICENSORS OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY THE “COMPANY PARTIES”) ENDORSE ANY JOB SEEKER, EMPLOYER, ANY JOB SEEKER CONTENT OR ANY EMPLOYER CONTENT MADE AVAILABLE THROUGH THE SERVICES. YOU ACKNOWLEDGE THAT THE SERVICES MERELY ASSIST JOB SEEKERS IN IDENTIFYING JOB TRAINING PROGRAMS AND/OR OPPORTUNITIES THAT MEET THEIR REQUIREMENTS. NONE OF THE COMPANY PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN JOB SEEKERS AND EMPLOYERS OR FOR ANY RESULTS CAUSED BY USING THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY PERSONAL INJURY OR PROPERTY DAMAGE.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, NONE OF THE COMPANY PARTIES WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, THE SERVICES AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, THE SERVICES AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, THE SERVICES OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, ITS CONTENT, THE SERVICES OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITE OR SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR ANY EMPLOYER ACCOUNT OR JOB SEEKER ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY DIRECT DAMAGES THAT ANY JOB SEEKER MAY SUFFER AS A RESULT OF SUCH JOB SEEKER’S USE OF THE WEBSITE, THE SERVICES OR THE COLLECTIVE CONTENT IN EXCESS OF ONE HUNDRED DOLLARS ($100).
IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE COMPANY PARTIES FOR ANY AND ALL DIRECT DAMAGES INCURRED BY ANY EMPLOYER ARISING OUT OF OR RELATING TO THESE TERMS OF USE, EXCEED THE TOTAL SUBSCRIPTION FEES (IF ANY) RECEIVED BY COMPANY FROM SUCH EMPLOYER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ARISES.
THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EMPLOYERS: You will defend, indemnify, and hold the Company Parties harmless from and against any and all losses, liabilities, damages, demands, claims (including taxes), judgments, awards, fees, costs, payments and expenses (including any and all reasonable legal fees, reasonable costs of investigation, discovery, litigation, arbitration and settlement, interest and any judgments, fines and penalties) (collectively, “Losses“) as incurred, arising out of or in connection with (i) a violation or alleged violation of any applicable laws or your violation of any term of these Terms of Use, including without limitation, your breach of any of the representations and warranties herein; (ii) your use of the Website, the Services, and/or the Collective Content in breach of these Terms of Use, (iii) your Employer Content or use of your Employer Content by any of the Company Parties in accordance with these Terms of Use, (iv) your or your Employer Content infringing or misappropriating any intellectual property rights of another party, including without limitation, any copyright, trademark, trade secret, patent, privacy or publicity rights; or (iv) a claim brought against any Company Party by a Job Seeker as a result of your negligence or willful misconduct or in relation to any of your Employer Content. Notwithstanding anything herein to the contrary, this indemnification shall be in addition to any indemnity obligation of Employer set forth in the License Terms.
JOB SEEKERS: You agree to defend, indemnify, and hold the Company Parties harmless from and against any and all Losses as incurred, arising out of or in connection with (i) your violation of any term of these Terms of Use, including without limitation, your breach of any of the representations and warranties herein; (ii) your misuse of the Website, the Services, and/or the Collective Content, (iii) your Job Seeker Content or any content that is submitted via your Job Seeker account, including without limitation, misleading, false, or inaccurate information, (iv) your violation of any third-party right, including without limitation, any copyright, trademark, trade secret, privacy or publicity right, (v) any other party’s access and/or use of the Services with your unique username, password or other appropriate security code, (vi) a violation or alleged violation of any applicable laws; or (vii) any claims brought against any Company Party by an Employer as a result of any of your negligence or willful misconduct.
EMPLOYERS: You hereby agree that:
You will not attempt to circumvent our Services by independently attempting to communicate and hire any of the Job Seekers through alternative means after discovering such Job Seekers through our Services, except as otherwise specifically set forth in these Terms of Use.
JOB SEEKERS: If You are a Job Seeker, You hereby agree that:
You will not attempt to circumvent our Services by independently attempting to communicate with an Employer outside of the Marketplace, except as otherwise expressly permitted by these Terms of Use.
All matters relating to the Website, the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use, the Services or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maryland, in each case located in the City of Bethesda and County of Montgomery, although we retain the right to bring any suit, action, or proceeding against You for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE WEBSITE OR SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL SUCH PERSONS AND ENTITIES HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE, SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR OTHERWISE RELATING TO THE RELATIONSHIP OF SUCH PARTIES WITH THE COMPANY OR OTHERWISE, WHETHER IN CONTRACT, TORT OR OTHERWISE. All such persons and entities agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES JOB SEEKERS AND GUESTS TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH SUCH PARTIES CAN SEEK RELIEF FROM COMPANY. FOR ANY DISPUTE WITH COMPANY, JOB SEEKERS AND GUESTS AGREE TO FIRST CONTACT US AT DISPUTE@TRANSITIONOVERWATCH.COM AND ATTEMPT TO RESOLVE THE DISPUTE WITH US INFORMALLY. IN THE UNLIKELY EVENT THAT COMPANY HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER SIXTY (60) DAYS, YOU AND COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SERVICE SHALL BE FINAL AND BINDING ARBITRATION. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE TERMS OF SERVICE AS A COURT WOULD.
ANY DISPUTE BETWEEN COMPANY AND A JOB SEEKER OR GUEST ABOUT OR INVOLVING JOB SEEKER’S USE OF THE WEBSITE OR SERVICES THAT IS UNABLE TO BE INFORMALLY RESOLVED MUST BE COMMENCED AND CONDUCTED UNDER THE COMMERCIAL ARBITRATION RULES (THE “AAA RULES”) OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) AND, WHERE APPROPRIATE, THE AAA’S SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (“AAA CONSUMER RULES”), BOTH OF WHICH ARE AVAILABLE AT THE AAA WEBSITE WWW.ADR.ORG OR BY CALLING THE AAA AT 1-800-778-7879, IN BETHESDA, MARYLAND, USA, PROVIDED THAT THE FOREGOING SHALL NOT PREVENT COMPANY FROM SEEKING INJUNCTIVE RELIEF IN A COURT OF COMPETENT JURISDICTION. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE WEBSITE OR SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL SUCH PERSONS AND ENTITIES AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION ALL SUCH PERSONS AND ENTITIES EACH WAIVE ANY RIGHT TO A JURY TRIAL.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SERVICES OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
These Terms of Use will inure to the benefit of the Company’s successors, assigns and any licensees, and sublicensees, if applicable. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
You agree that we are not responsible to You for anything that we may otherwise be responsible for, that may be caused by reasons beyond our reasonable control including, but not limited to, acts of God, earthquakes, war, insurrection, riots, crime, epidemic, pandemic, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, or failure or shortage of infrastructure.
The Terms of Use, our Privacy Policy and, with respect to Employers, the License Terms (governing Employer subscriptions to our software and Services), and any additional agreements You may enter into with the Company in connection with the Services (including with respect to any Employer, any Order Form or Statement of Work (SOW)), constitute the sole and entire agreement between You and Transition Overwatch, LLC regarding the Website and the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and/or the Services.
Notwithstanding the foregoing or anything else in these Terms of Use, the terms of these Terms of Use that by their terms are perpetual or are otherwise intended to survive these Terms of Use will survive the termination or expiration of these Terms of Use.
The section headings in these Terms of Use are provided merely for convenience and shall not be given any legal import.
This website is operated by Transition Overwatch, LLC, 149 New Montgomery St 4th Floor, San Francisco, CA 94105.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy set forth above in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@transitionoverwatch.com.