Last Modified: January 26, 2022
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.
Description of our Services
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.
Rights to the Services
The Company reserves all rights not expressly granted herein in the Services and the Company Content (as defined below).
Accessing the Website and Account Security
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:
- Making all arrangements necessary for You to have access to the Website.
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.
Intellectual Property Rights
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.
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.
- your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, You may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided You agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, You may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this Website, including without limitation the Collective Content.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
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.
Communications with Us
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.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- For the purpose of collecting market research for a competing business.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, You agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
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.
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 own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
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.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
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:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as raising money, contests, sweepstakes, and other sales promotions, barter, or advertising or promoting a product, service or company, or engaging in any pyramid or multi-tiered marketing scheme.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Data Security Obligations Applicable to Employers
Each Employer will:
- Use its data security program to maintain, monitor and enforce reasonable organizational, administrative, technical and physical safeguards to protect the security, integrity, confidentiality and availability of Job Seeker Content, including to protect against: (a) any and all anticipated threats or hazards, and (b) any and all accidental, unauthorized or unlawful Processing, loss, or other compromise of Job Seeker Content (each, a “Security Incident”). Each Employer will promptly remediate all Security Incidents, and agrees to provide prompt notice to the Company in the event of a Security Incident.
- Provide the Company with prompt written notice of any material modification to the process, method or means by which Job Seeker Content is processed (including any geographic change).
Copyright Infringement and Copyright Policy
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:
- your physical or electronic signature.
- Identification of the copyrighted work You believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material You believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact You (including your name, postal address, telephone number, and, if available, email address).
- A statement that You have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
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:
- your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact You (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by You that You have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that You will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if You reside outside the United States for any judicial district in which the Website may be found) and that You will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
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.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Reliance on Information Posted
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.
Changes to the Website
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.
Information About You and your Visits to the Website
Other Terms and Conditions
Linking to the Website and Social Media Features
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:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
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:
- Establish a link from any website that is not owned by You.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
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.
Links from the Website
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.
Disclaimer of Warranties
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.
Limitation on Liability
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).
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 hereby agree that:
- You will promptly inform us if your Job Offer is accepted by a Job Seeker and also provide us with a copy of the written, accepted Job Offer. If there is no written Job Offer or if other details are needed by the Company in its sole discretion to verify compensation, then You must provide us the details of the engagement as requested by us, including but not limited to the scope of the role, remuneration and other terms of the engagement. This may include for example pay rate verification taken from your payroll system.
- You will promptly notify us if the Job Seeker’s employment does not commence or is terminated within thirty (30) days from the start date that You agree to with the Job Seeker.
- You will not disclose the names and identities of any Job Seekers listed in the Marketplace outside of your recruiting or hiring department.
- You will take appropriate physical, technical and administrative measures to protect Job Seeker Content from loss, misuse, unauthorized access, disclosure, alteration or destruction.
JOB SEEKERS: If You are a Job Seeker, You hereby agree that:
- No Continuous Engagement has been in place between You and any Employer for ninety (90) days prior to the date on which You first interact with such Employer through our Services.
- You will initiate any initial interaction with any Employer exclusively through the Services. Further communication may take place outside of our Services only after the Connection Request is sent out by the Job Seeker and accepted by the Employer.
- You will promptly inform us upon receipt of a Job Offer, including but not limited to, the details on the beginning of the employment, duration and compensation.
- You will promptly inform us if You accept a Job Offer and also provide us with a copy of the written Job Offer (and a signed version, if one is signed). If there is no written Job Offer or if other details are needed by the Company in its sole discretion to verify compensation, then You must provide us the details of the engagement as requested by us, including but not limited to the scope of the role, remuneration and other terms of the engagement.
- You will promptly notify us if your employment does not commence or is terminated within thirty (30) days from the start date that You agree to with the Employer.
- You will not publicly or privately disclose, post or disseminate any Job Offers that You receive through the Services.
Governing Law and Jurisdiction
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.
Class Action/Jury Trial Waiver
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.
Limitation on Time to File Claims
Waiver and Severability
Successors and Assigns
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.
Your Comments and Concerns
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: firstname.lastname@example.org.