CollabWORK Terms of Use
Last updated: February 23, 2023
Welcome, and thank you for your interest in CollabWORK Inc. (“CollabWORK,” “we,” “our,” or “us”). These Terms of Service (the “Terms”) constitute a legally binding agreement between you and CollabWORK governing your access to and use of CollabWORK website and related services (collectively, the “Service”). By entering into these Terms, and/or by accessing or using the Service, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms applies to all visitors, users, and others who access or use the Service (“Users,” “you,” or “your”). These Terms are for multiple categories of Users (such as talent, potential employers, recruiters, talent referrals, and referral communities), so some terms may not apply to your specific use case. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on behalf of your organization or entity and to bind them to these Terms (in which case, references to “you” and “your” refer to that organization or entity).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. THESE TERMS CONTAINS A BINDING ARBITRATION PROVISION THAT INCLUDES A JURY TRIAL WAIVER AND CLASS ACTION WAIVER IN SECTION 17, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE FOR ANY DISPUTES.
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms, at any time, by posting changes to this page. Your continued access to or use of the Service after such posting confirms your consent to be bound by these Terms, as amended. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
1. The Service
We provide a platform that enables Users to connect for employment-related purposes. We are not employers or recruiters. Subject to the terms and conditions herein, you may access and use the Service only as expressly permitted in these Terms. We reserve the right in our sole discretion to determine whether any use of the Service by you or any third party is acceptable and to revoke your or any third party’s access to any aspect of the Service in the event we determine that such use is not consistent with our mission or otherwise not in the best interests of us or our Users. We reserve all rights not expressly granted herein in the Service.
2. Privacy Notice and Additional Terms
Our Privacy Notice explains how we collect, use, and share your information, and is hereby incorporated into these Terms. You agree that your access to and use of the Service is governed by our Privacy Notice. Your use of the Service is subject to all additional terms, policies, rules, or guidelines referenced in these Terms or that we may post on or link from the Service (the “Additional Terms”), such as end user license agreements for any downloadable software applications, or rules applicable to a particular feature or content on the Service. All Additional Terms are incorporated by reference into, and made a part of, these Terms.
3. Eligibility
To use the Service you must be, and hereby represent that you are, an individual 18 years or older who can form legally binding contracts. Persons under the age of 18, or any higher minimum age in the jurisdiction where that person resides, are strictly prohibited from accessing or using the Service. Additionally, you are prohibited from accessing or using the Service if you are barred from receiving certain services under applicable law or have previously been suspended or removed from the Service.
4. Registration
To access and use the Service you may be asked to create an account by providing us with information such as your name, contact information, and additional information we may ask you to provide. You must provide accurate, current, and complete information during the registration process and keep your information up-to-date at all times. You are responsible for all activity that occurs in association with your use of the Service. We are not liable for any loss or damage caused by your failure to maintain the confidentiality of your account credentials. Please contact us at the email address below if you discover or suspect any security breach related to the Service or your account.
5. User Content
You are solely responsible for all data and information you provide to us and/or transmit through the Service (“User Content”). As between us and you, you own all User Content and you represent and warrant that all User Content is true and accurate and does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right (but not the obligation) to reject and/or remove any User Content that we believe, in our sole discretion, violates these Terms. You hereby grant to us: (i) a nonexclusive, worldwide, fully paid, royalty-free, right and license to download, receive, collect, access, modify, copy, store, retain, and otherwise use User Content in order to provide and support the Service or otherwise upon your consent or direction, and to develop and improve the Service; and (ii) a nonexclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free right and license to collect, retain, store, use, modify, distribute, and disclose User Content in aggregated and anonymized form and any inferred insight relating to User Content for any purpose whatsoever, provided that any such disclosure does not identify you or any third party by name or description sufficient to identify you or such third party as the source or subject of such information, in whole or in part. You acknowledge and agree that User Content will be shared with other Users you engage with through the Service.
6. Job Postings
If you are a potential employer or are otherwise seeking candidates for your company or a third party, you may not engage in the following activities:
• Create postings without a reasonable and legitimate intent to hire for a bona fide job opportunity or the specific position listed
• Create postings that intentionally misrepresent the job or hiring company
• Fail to clearly disclose in any posting that a position is for an independent contractor or is part-time, piecework, or commission-based
• Create postings for “business opportunities” that require payments or recruitment of others or that resemble franchises, multi-level marketing, club memberships, distributorships, or are entirely or almost entirely commission-based
• Provide identifiable candidate resume or application data to any other parties
• “Spam” or otherwise contact applicants for purposes other than related to the specific employment opportunity described in the posting
• Harass, stalk, or contact any applicant after they have asked not to be contacted
• Create postings in the United States without possessing valid federal or state Employer Identification Numbers, if applicable, or create postings in any other location in a manner that would not allow compliance with applicable tax and employment laws
• Create postings for jobs that require applicants to pay for employment or otherwise bear costs related to employment in violation of applicable law
• Solicit candidates by intentional misrepresentation
• Create postings, advertise employment positions, or otherwise engage in recruitment or hiring practices that would be a violation of applicable law, including discrimination policies or laws
• Use any automated means or form of scraping or data extraction to access, modify, download, query, or otherwise collect information from the Service
7. Restrictions
In addition to any other restrictions set forth in these Terms, you agree not to engage in, attempt to engage in, or permit or assist others in engaging in, any of the following prohibited activities: (i) use any software, script, code, device, crawler, robot, or other means not provided by us to access the Service; (ii) circumvent, disable, or otherwise interfere with security-related features on the Service; (iii) modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service; (iv) access or use the Service in any manner that may damage, disable, unduly burden, or impair any part of the Service, or any servers or networks connected to the Service; (v) post information or interact with the Service in in a manner which is fraudulent, libelous, abusive, obscene, profane, harassing, or illegal; (vi) use the Service for any illegal purpose or in violation of any law, statute, rule, permit, ordinance or regulation; (vii) gain or attempt to gain unauthorized access to the Service; (viii) interfere or attempt to interfere with the Service provided to any User or network, including, without limitation, via means of submitting a virus to the Service, spamming, crashing, or otherwise; (ix) engage in commercial use or distribution of the Service in violation of these Terms, or copy or create any derivative work of the Service; (x) use the Service in any way that infringes or misappropriates any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy; or (xi) develop or operate products or services intended to be offered to third parties in competition with the Service.
8. DMCA Copyright Policy
We operate the Service in compliance with 17 U.S.C. §512 and the Digital Millennium Copyright Act (“DMCA”). It is our policy to respond to any infringement notices and take appropriate actions under the DMCA and other applicable intellectual property laws. The DMCA requires that all notices of alleged copyright infringement must be in writing. When informing us of an alleged copyright infringement, the complaint must do the following: (i) identify the copyrighted work(s) that allegedly has been infringed; (ii) describe the material that is claimed to be infringing and provide sufficient information to permit us to locate that material; (iii) provide your contact information, including an address, telephone number, and email address; (iv) certify or include a statement that the complainant has a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law; (v) certify that the information that you have provided us is accurate; and (vi) include a physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner. Before the complainant alleges an infringement, complainant should consult copyright materials to confirm that the use is, in fact, infringing. The United States Copyright Office provides basic information, online, at https://www.copyright.gov/circs/circ01.pdf, which can assist one in determining whether an exception or defense, such as fair use, may apply to the use of your copyrighted work. Where it has been clearly established that a user is a repeat offender, we may, in our sole discretion, terminate such user’s account. If you believe that your copyrighted work is being infringed on the Service, please notify us at the email address at the end of this Agreement.
9. Service Availability
We make no representations that the Service are appropriate or available for use in any location or geographical region. You access and use the Service at your own volition and are entirely responsible for compliance with all applicable laws, rules, and regulations in the applicable jurisdiction. We may, without prior notice and at our sole discretion, change the Service, stop providing the Service or certain features of the Service, or create usage limits for the Service. Notwithstanding the foregoing, we will endeavor to take reasonable steps to notify you prior to discontinuing any features or making any other changes to the Service.
10. Third-Party Services
The Service may display, include, or make available third-party content (including, without limitation, images, data, and information), or provide links or access to third-party websites, apps, products, or services (collectively, “Third-Party Services”). Any reliance you place on Third-Party Services is strictly at your own risk. We do not endorse or assume any responsibility for any such Third-Party Services and disclaim all liability arising from any use of or reliance placed on such Third-Party Services by you or any user of the Service. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THIRD-PARTY SERVICES, INCLUDING THEIR ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, QUALITY, OR ANY OTHER ASPECT THEREOF. WE DO NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY THIRD-PARTY SERVICES. THIRD-PARTY SERVICES AND LINKS THERETO ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU, AND YOU MAY ACCESS AND USE THEM ENTIRELY AT YOUR OWN RISK AND SUBJECT TO SUCH THIRD PARTIES’ TERMS AND CONDITIONS AND PRIVACY POLICIES.
11. Fees and Payment
When you use the Service, you agree to the applicable pricing and payment terms. We may add new features for additional fees and charges, or amend fees and charges for existing features, at any time in our sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle. Your continued use of the applicable Service after any price change becomes effective constitutes your agreement to pay the changed amount. You may cancel any recurring monthly subscription before the next billing cycle by contacting us at the email address below. All payments are nonrefundable.
All fees, including any applicable taxes and transaction fees, are in U.S. Dollars. You must provide a valid credit card at the time you purchase the Service and you will promptly update us if there is any change to your payment information. Any recurring fees will automatically renew at the rates then in effect, are automatically charged to your credit card, and will continue until cancelled in accordance with these Terms. We use a third-party payment processor and you must agree to their terms when entering your payment information, if applicable. By providing your payment information, you agree that we may charge you for all fees when they become due to us without additional notice or consent.
12. Ownership and Proprietary Rights
Except for User Content and Third-Party Services, all data, text, images, logos, software, content, and other information and content available on or through the Service (“Our Material”), are our property. Our Material is protected by copyright, trademark, and/or other intellectual property laws and you acknowledge and agree that we retain all right, title, and interest in and to Our Material. Except as expressly stated in these Terms, you may not sell, transfer, alter, reproduce, distribute, republish, download, display, post, transmit, or use any of Our Material, in whole or in part, by any means.
You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Service (“Feedback”) will be the sole and exclusive property of us and you hereby irrevocably assign to us all of your right, title, and interest in and to all Feedback. Any data that we generate from your usage of the Service will be owned by us and handled subject to the terms of our Privacy Notice, as applicable.
13. Disclaimer
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, ACCURACY, TIMELINESS, QUALITY, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT: (I) THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR CORRECT; (II) THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (III) THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, TIMELY, UNINTERRUPTED, OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V)THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
WE EXERCISE NO CONTROL OVER AND EXPRESSLY DISCLAIM ANY LIABILITY RELATED TO OR ARISING OUT OF ANY THIRD PARTY’S DATA COLLECTION AND USE PRACTICES. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER INJURY OR DAMAGE SUFFERED BY ANY USER HEREUNDER.
If you live in a state that do not allow for the disclaimer of certain warranties, the disclaimers above may not apply to you.
14. Indemnity
You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, and affiliates harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), in any way related to your access to or use of the Service, your User Content, your use or provision of Third-Party Services, or your breach of any of this Agreement. If you are an organization or entity, then your indemnification obligations under this Section also apply to any use of the Service by your authorized Users.
We retain the exclusive right to settle, compromise, and pay, without your prior consent, any and all claims or causes of action that are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control over any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OF OR ACCESS TO THE SERVICE FOR ANY REASON WHATSOEVER WILL NOT EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO LIABILITY; OR (II) ONE HUNDRED DOLLARS ($100). THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT INCREASE THIS LIMIT. IF THE JURISDICTION YOU ARE IN DOES NOT ALLOW FOR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES, THEN SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN CIRCUMSTANCES. IF ANY SERVICE IS PROVIDED AT NO COST TO YOU, SUCH AS A FREE OR BETA VERSION, YOUR USE OF SUCH SERVICE DURING IS “AS IS” AND AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY RELATED TO YOUR USE OF ANY FREE SERVICE.
16. Alerts and Notifications
By entering into these Terms or using the Service, you agree to receive communications from us, including e-mails, text messages, alerts, and other electronic communications. Standard message and data rates apply to all messages sent to or received from us. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing. Any notification by you to us must be sent to the email address provided below.
17. Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time such informal dispute resolution is pursued, then either party may initiate binding arbitration. Except as expressly set forth herein, any dispute, claim, or controversy (each, a “Claim”) arising out of or relating to these Terms will be settled by binding arbitration administered by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Commercial Consumer Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to any Claim that all or any part of these Terms is void or voidable. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act, 9 U.S.C. § 1, et seq. shall exclusively govern the interpretation and enforcement of any arbitration. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
Each party acknowledges and agrees to waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, each party retains the right to bring an individual action in small claims court or the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyright, trademark, trade secret, patent, or other intellectual property right. If any court or arbitrator determines that the foregoing class action waiver is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision herein shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
In addition to the severability provisions set forth above, in the event that any portion of this arbitration provision is deemed illegal or unenforceable, such provision shall be severed and the remainder of this Section shall be given full force and effect. Any Claim or cause of action you may have arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred. The parties specifically exclude from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.
18. Termination
These Terms are effective until terminated by you or us as described herein. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Any Third-Party Services that you access or provide, as applicable, may also terminate upon termination of the Service. To cancel the Service, please contact us at the email address below. Any removal or deletion of User Content is governed by our Privacy Notice.
19. General
Except as provided above, these Terms are governed by the laws of the State of New York, without regard to conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York City, New York for the purpose of litigating any dispute. You may not assign or transfer these Terms or your rights herein, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. If any portion of these Terms is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of these Terms. No waiver by us of any breach or default of these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. These Terms represents the complete agreement between us and you regarding the subject matter set forth herein and supersedes all prior agreements and representations between us and you.
20. Contact
Please contact us with any questions regarding these Terms, for support, or to cancel the Service at help@collabwork.com.