THE TERMS AND CONDITIONS SET FORTH HEREIN (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN YOU AND THELADDERS.COM, INC. ("THELADDERS", "WE" OR "US"). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE LADDERS' MOBILE APPLICATION (THE "APP") AND THE WEBSITE LOCATED AT RECRUIT.THELADDERS.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO RECRUIT.THELADDERS.COM BY THELADDERS, ITS SUBSIDIARIES AND AFFLILIATED COMPANIES (COLLECTIVELY, THE "SITE"), AND ALL SOFTWARE, SERVICES, OR CONTENT ASSOCIATED WITH THE APP OR SITE (COLLECTIVELY, THE "SERVICES"). UNLESS OTHERWISE SPECIFICED, ALL REFERENCES TO "SITE" OR "APP" INCLUDE THE SERVICES AVAILABLE THROUGH THE SITE AND APP, AND REFERENCE TO THE APP ALSO INCLUDE ANY SOFTWARE THAT THELADDERS PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE APP FROM A MOBILE DEVICE. BY USING THIS SITE, THE APP OR THE SERVICES, YOU ARE AGREEING TO ALL OF THESE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, THE APP, ANY OF THE SERVICES, OR ANY INFORMATION OR MATERIALS CONTAINED WITHIN THE APP OR SITE. IF YOU ARE USING THE APP OR SITE FOR YOUR COMPANY'S USE, YOU REPRESENT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE WHO HAS THE AUTHORITY TO LEGALLY BIND YOUR COMPANY TO THESE TERMS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THELADDERS. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
These Terms and, if applicable, all any order (an "Order") executed in connection with a paid subscription, represent the parties' entire understanding regarding the Services and shall control over any different or additional terms contained within any other document. In the event of a conflict between these Terms and an Order, the terms of the Order shall control. TheLadders' Services enable employers and professional recruiters to post jobs or opportunities ("Opportunities"), search for, identify and reach out to job seekers ("Member" or "Members") in the employment market for professional positions. The words "you," "your," or "user" whether or not capitalized, as used herein, refer to any recruiter or employer and/or entities accessing or using the Site, App or any Services, for any reason.
Age . Users must be at least eighteen (18) years old or the age of majority in the jurisdiction in which you reside in order to use the App, the Site and the Services. By using the App, the Site or the Services, you represent, acknowledge and agree that you are at least 18 years of age and have the right, authority and capacity to agree to and abide by these Terms.
Compliance with Law . You also represent that you will use the Site, App and Services in a manner consistent with any and all applicable laws and regulations.
Availability . Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by TheLadders and/or its affiliates.
Termination . TheLadders may terminate these Terms and your use of the Site, App and Services without notice if we, in our sole discretion, believe that you are less than18 years old, or have otherwise violated the Terms, or if applicable, the Order.
TheLadders provides content and Services through the Site and App that are the copyrighted and/or trademarked work of TheLadders or TheLadders' third-party licensors and suppliers or other users of the Site or App (collectively, the "Materials"). Materials may include logos, graphics, video, images, software and other content. TheLadders hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Site, the App and the Services solely for your personal use. Except for the foregoing, you have no other rights in the Site, the App, the Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site, the App, the Services or the Materials in any manner. If you breach any of these Terms, your subscription will terminate automatically.
Android and iOS Users
TheLadders makes the App available so that users may access the Services via a mobile device. To use the App you must have a mobile device that is compatible with the mobile service. TheLadders does not warrant that the App will be compatible with your mobile device. TheLadders hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the App for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that TheLadders may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and TheLadders and its third party licensors or suppliers retain all right, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to your use of the App.
Apple Users. The following additional terms and conditions apply with respect to any App that TheLadders provides to you designed for use on an Apple iOS-powered mobile device (an "iOS App"):
Android Users The following additional terms and conditions apply with respect to any App that TheLadders provides to you designed for use on an Android-powered mobile device (an "Android App"):
Amazon Android Users . The following additional terms and conditions apply with respect to any App that TheLadders provides to you designed for use on an Android-powered mobile device and obtained from the Amazon App Store (an "Amazon Android App"):
By registering for an account with TheLadders, you will have access to certain password-restricted areas of the Site or App and certain Services and Materials offered on and through the Site or App (a "Subscription"). The rights and privileges provided to You upon registration is personal and non-transferable.
We offer different Subscription options. If you have chosen a paid subscription option, the fee that we will charge you for your Subscription will be the price indicated on your Order, if Services are purchased directly through the Site or App, the price indicated at the point of sale. TheLadders reserves the right to change prices for Subscriptions at any time, upon notice, and does not provide price protection or refunds in the event of promotions or price decreases. All sales and payments of Subscription fees will be in US Dollars. If you pay using a credit card, you hereby authorize TheLadders to charge the card associated with your account for any fee indicated on your Order or at the point of sale if purchased through the Site. If your Order specifies payment terms, you agree that TheLadders may automatically charge the card associated with your account pursuant to such payment terms. You will be liable for paying any and all applicable sales and use taxes for the purchase of your Subscription based on the mailing address that you provide on your Order. Fees are non-refundable under any circumstances. Paid Subscriptions are effective on the date the Order is executed by You and continue through the subscription period indicated on the Order, or on the Site or App at point of sale. If You choose to discontinue use of the Site or App prior to the expiration of a paid subscription period, You will continue to be responsible for the full amount due under the Order for the entire subscription period.
Free Subscriptions may be canceled at any time by going calling or emailing Recruiter Relations at 1-800-871-2574 or email@example.com.
In addition to Subscriptions, from time to time, we may make certain products and services available to Users through the Site or App. You may only order products or services if you are domiciled in the United States. If applicable, you agree to pay all fees or charges to your account based on TheLadders' fees, charges, and billing terms in effect on the day you make your purchase. If you do not pay on time or if TheLadders cannot charge your credit card or other available payment method for any reason, TheLadders reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. You are expressly agreeing that TheLadders is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site or App. If you have a balance due on any account, you agree that TheLadders may charge such unpaid fees to your credit card on file or otherwise bill you for such unpaid fees. All fees paid to TheLadders are non-refundable.
Using the Site, the App and Services.
You may be able to view portions of the Site and App, without registering with TheLadders as a registered user. However, in order to access certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site or App, you must register at the Site or through the App for an account and receive a password. Once you have submitted your account registration information, TheLadders shall have the right to approve or reject the requested registration, in our sole discretion. Please note that the Services available to you may also vary depending upon your Subscription level.
You are responsible for maintaining the confidentiality of your TheLadders password ("Password"), and you are responsible for all activities that occur using your Password. You agree not to share your Password, let others access or use your Password or do anything else that might jeopardize the security of your Password. You agree to notify TheLadders if your Password is lost or stolen, if you are aware of any unauthorized use of your Password on the Site or the App, or if you know of any other breach of security in relation to the Site or the App.
All the information that you provide when registering for an account and otherwise through the Site or App must be accurate, complete and up to date. You may change, correct or remove certain information from your account by logging into your account at the Site and making the desired changes to your account information.
All Services are provided on a user basis and accounts may be tracked for compliance. If it is determined that unapproved Users other than those provided to TheLadders are using Services, then TheLadders' at its sole discretion may terminate the account upon notice to the User's email address on record or, in the event such Services are pursuant to an Order, bill You at the then prevailing price for users.
You agree to use the Services in accordance with the terms set forth herein. You understand and agree that the rights granted herein may be used only for the purpose of seeking qualified candidates for available Opportunities. The Site may not be used to mine information from Members, the Site or App or collect resumes or profile information for unspecified potential future positions. You may not send any communication seeking to solicit any professional services (e.g., executive coaching), nor post any Opportunities on the Site or App or send out Opportunities for any competitor of TheLadders or post or otherwise distribute Opportunities or other content that contains links to any site competitive with TheLadders. You are prohibited from using the Site or App to solicit or promote any home-based business opportunities, fee-based business opportunities or franchise opportunities.
You may post Opportunities on the Site or App or search for candidates for Opportunities pursuant to the terms and conditions set forth herein and any guidelines available on the Site. Each Customer may post up to three hundred (300) Opportunities per week. In general, Opportunities will remain on the Site for eight (8) weeks or until sooner removed by You or by TheLadders. All Opportunities posted on the Site or App must be for full-time positions with a base salary. TheLadders will not accept any financial advisor/consulting multi-level marketing positions, or commission-only, bonus-only or equity-only positions. Additionally, TheLadders will not accept any contract jobs for which the duration is likely to be less than one year. All Opportunities are subject to approval by TheLadders.
TheLadders grants to You a limited, nontransferable, nonexclusive, worldwide right to access and use the Services subject to these Terms. In the event that You have purchased a paid subscription for multiple users, You shall notify TheLadders of all authorized users that will be accessing the Site and/or App. Users may view an unlimited number of resumes but are only permitted to download 100 resumes per day or such other amount as may be set by TheLadders at its sole discretion. TheLadders shall have the right to review and to approve all user profiles to validate that all users are valid recruiters.
If You purchased TheLadders' FitFinder, TheLadders shall assign a Talent Specialist to assist You with sourcing candidates for selected Opportunities. FitFinder is not a placement service and TheLadders makes no representations or warranties with regard to the resumes or profiles identified and presented to You. TheLadders identifies and presents resumes and profiles without regard to any race, color, religion, sex, national origin, age, disability, veteran status or other protected characteristic.
By using the Site, the App and/or the Services, you consent to receiving electronic communications from TheLadders. These electronic communications may include information about TheLadders' Services and features of the Site and App, notices about applicable fees and charges, transactional information and other information concerning or related to the Site, the App and/or Services. These electronic communications are part of your relationship with TheLadders. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You agree that you shall not use the Personal Information of Members except for the purposes of contacting Members about available Opportunities. You agree that you shall not sell or rent the Personal Information of Members or other users to third parties for the purpose of marketing products or services of those third parties.
Links to Third Party Sites.
Third Party Content.
Certain information and other content that are not User Content (defined below) may be provided by third party licensors and suppliers to TheLadders ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. THELADDERS DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site, the App and/or the Services (each a "Submission"). You may not upload, post or otherwise make available on the Site or the App any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
When using the Site, the App and/or the Services, you agree not to:
This list of prohibitions provides examples and is not complete or exclusive. TheLadders reserves the right to (a) terminate access to your account, your ability to post to the Site or the App (or use the Services) and (b) refuse, delete or remove any User Content; with or without cause and with or without notice, for any reason or no reason, or for any action that TheLadders determines, in its sole discretion, is inappropriate or disruptive to the Site or the App or to any other user of the Site, the App and/or Services. TheLadders may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at TheLadders' discretion, TheLadders will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site, the App or on the Internet.
Unauthorized use of any Materials or Third Party Content contained on the Site or the App may violate certain laws and regulations. You agree to indemnify and hold TheLadders and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) TheLadders or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the App or the use of the Site or the App by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your User Content) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Trademarks, names and logos on the Site and the App are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on the Site and the App, including documents, services, design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of TheLadders. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. Notwithstanding anything contained herein, you agree that TheLadders may use your logo solely in connection with your User Content for the purposes contemplated herein or to indicate that you are a user of TheLadders Site or App on TheLadders' Site or promotional emails.
Intellectual Property Infringement.
TheLadders respects the intellectual property rights of others, and we ask you to do the same. TheLadders may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site and the App for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our App, please provide TheLadders' designated agent the following information:
TheLadders' agent for notice of claims of copyright or trademark infringement on the Site and the App can be reached as follows:
Vice President of Legal Affairs,
137 Varick Street, 8th Floor
New York, NY, 10013
By telephone: (646) 453-1800
By facsimile: (914) 462-3738
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
You agree to defend, indemnify and hold harmless TheLadders from any claim or demand including reasonable attorney's fees and costs, made by any third party arising out of or related to (i) your use of the Site or App in violation of these Terms; (ii) your User Content; (iii) your infringement of the intellectual property rights of another; or (iv) your violation of any state or federal law or regulation in connection with your use of the Services. TheLadders reserves the right and shall have the option, at its own expense to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, and in such case, User agrees to cooperate with TheLadders' defense of such claim.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to TheLadders designated agent that includes all of the following information:
Termination of Repeat Infringers.
TheLadders reserves the right, in its sole discretion, to terminate the account or access of any user of our web App and/or Service who is the subject of repeated DMCA or other infringement notifications.
Disclaimer of Warranties.
Your use of the Site, the App and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by TheLadders, and they may include inaccuracies or typographical or other errors. TheLadders does not warrant the accuracy of timeliness of the Materials contained on the Site or the App. TheLadders has no liability for any errors or omissions in the Materials, whether provided by TheLadders, our licensors or suppliers or other users.
THELADDERS, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE APP, THE SERVICES, OR ANY MATERIALS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE OR THE APP, INCLUDING WITHOUT LIMITATION THE MATERIALS, ANY USER CONTENT AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE APP, THE SERVICES, AND MATERIALS, AND ANY INFORMATION CONTAINED OR PRESENTED ON THE SITE OR THE APP IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THELADDERS DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability.
TheLadders provides a venue for employers/recruiters to post jobs and search for candidates, and for candidates to post resumes and search for jobs. TheLadders is not involved in the actual transaction between employers/recruiters and candidates. As a result, TheLadders has no control over User Content, or the quality, safety, or legality of jobs or resumes posted and makes no representations about any jobs, resumes or User Content. TheLadders shall not be responsible for any employment decisions, for whatever reason, made by any entity in connection with jobs posted on or through the App or the Site. You acknowledge and agree that you are solely responsible for the accuracy, form and substance of any of your User Content. You further acknowledge and agree that you are responsible for evaluating any Materials (including but not limited to job postings) and that TheLadders shall not be responsible for your career decisions.
THELADDERS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITE OR THE APP. IN NO EVENT SHALL THELADDERS BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF THELADDERS KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
THELADDERS' MAXIMUM TOTAL, AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE APP AND THE SITE AND ANY MATERIALS OR SERVICES PROVIDED THEREIN, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL IN NO EVENT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO THELADDERS WITHIN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM FIRST AROSE.
Local Laws; Export Control.
TheLadders controls and operates the Site and the App from its headquarters in the United States of America, and the Materials may not be appropriate or available for use in other locations. If you use the Site or the App outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to TheLadders, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Site, the App, any Services or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and TheLadders is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that TheLadders is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Dispute Resolution and Arbitration; Class Action Waiver.
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer's satisfaction by contacting us at firstname.lastname@example.org or visiting our Help Center at http://recruit.theladders.com/help/. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and TheLadders. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and TheLadders shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney's fees).
For the purpose of this Provision, "TheLadders" means The Ladders and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term "Dispute" means any dispute, claim, or controversy between you and TheLadders regarding any aspect of your relationship with TheLadders, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as TheLadders' licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give TheLadders an opportunity to resolve the Dispute. You must commence this process by mailing written notification to email@example.com. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If TheLadders does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration; Right to Opt Out
Notwithstanding the above, you or TheLadders may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the "Opt-Out Deadline"). You may opt out of this Provision by mailing written notification to TheLadders, firstname.lastname@example.org. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with TheLadders through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with TheLadders. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or TheLadders may initiate arbitration proceedings. The American Arbitration Association ("AAA"), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. In either instance, the AAA's Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site, the App and these Terms concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award -- The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration -- you or TheLadders may initiate arbitration in either New York County, New York or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, TheLadders may transfer the arbitration to New York County, New York in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs -- TheLadders will pay all arbitration filing fees and arbitrator's costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with TheLadders as provided in the section above titled "Pre-Arbitration Claim Resolution" and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney's fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and TheLadders specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you , nor any other user of the Site or the App can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by entering into this Agreement you and TheLadders are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and TheLadders might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your service with TheLadders or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if TheLadders makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require TheLadders to adhere to the language in this Provision if a dispute between us arises.
TheLadders may discontinue, suspend or terminate your access to the App, the Site, the Services and/or your account, without notice or liability for any violation of these Terms or for any other use of the Site, the App, the Services or the Materials that TheLadders, at its sole discretion, deems improper. TheLadders may also discontinue offering the Site, the App, the Materials or any of the Services, or may modify any portion of the Site, the App, the Materials or the Services at any time with or without notice to you.
If you have any questions about these Terms or otherwise need to contact TheLadders for any reason, you can reach us at email@example.com
Summary Description of Material Modification
|1/25/2013||Expanded language added to Section 12(d) and addition of 5(g) governing promotional programs.|
|10/12/2012||No material changes; clarification language added in Section 3.|
|9/20/2011||Change to salary requirements for job postings.|
|4/14/2011||Addition of FitFinder & Additional Services language to Section 4.|
|4/14/2011||Limitation on posting in Section 4.|
|4/14/2011||Changes to tax language in Section 5.|
|4/14/2011||Exception added to Disclaimer in Section 8.|