Terms and Conditions
Last Updated: 23-Jan-2018

1. INTRODUCTION

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Pickslots Website and Mobile/Software Applications (collectively the “Sites”) operated by Pickslots (“Pickslots”, “us, “we”, or “our”).

Your access to and use of the Sites is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the service.

By accessing or using the Sites you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Sites.

2.DEFINITIONS

The following definitions apply to this Agreement:

2.1 "Account" means user account provided by Pickslots to enable access and use of the Pickslots Sites that is authorized by Pickslots.

2.2 "Affiliate" means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with Pickslots.

2.3 "Content" me ans content submitted by users or third parties in various forms, whether data, text, software, tphotographs, graphics, messages, or other materials on the community portions of the Pickslots Sites.

2.4 "Document" refers to any posting to the Sites, whether job or resume.

2.5 "Employer" means a person or entity that is accessing the Sites to post a job or utilizing the Services for tany reason related to the purpose of seeking candidates for employment.

2.6 "Employer Materials" includes any emails, sample job postings, web site content, photographs, logos, ttrademarks, service marks, domain names, documents or other materials provided by Employer, if any, tfor use in connection with the Services.

2.7 "Job Seeker" means a User who is accessing the Sites to search for a job or in any other tcapacity except as an Employer.

2.8 "Services" means any services provided by Pickslots described herein.

2.9 "User" refers to any individual or entity that uses any aspect of the Sites.

2.10 "You" or "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to tthese Terms and Conditions.

3. Intellectual Property Rights and use of the Pickslots Sites and Services

3.1 General Use Rules: The Sites are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Sites only for lawful purposes within the stated context of Pickslots’ intended and acceptable use of the Sites. Pickslots is the sole interpreter of the Pickslots Sites’ intended and acceptable use.

3.2 Intellectual Property Rights: Pickslots retains all right, title, and interest to the Pickslots Sites, including without limitation, all software used to provide the Pickslots Sites and all trademarks, service marks, logos, trade names and any other proprietary designations reproduced through the Pickslots Sites. This Agreement does not grant user any of Pickslots’ or of Pickslots’ licensors or Pickslots’ suppliers’ Intellectual Property Rights in the Pickslots Sites. Users agree to comply with all copyright and other intellectual property notices accessed through the Pickslots Sites.

3.3 License to Use: Subject to the Terms and Conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, and revocable license to use the Pickslots Website through a generally available web browser only for its intended purpose and to download a single copy of the application to your mobile device and to access and user our application through your mobile device for its intended purpose and in accordance with any usage rules set forth in the application stores’ terms of service. Our Sites are only for your personal and noncommercial use. You may not access our Sites through scraping, spidering, crawling or any other technology or software used to access data without our express written consent. Except a specifically permitted, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any content or information included on our Sites. We reserve all rights not expressly granted in this Agreement. We may terminate this license or your access to the Sites at any time for any reason or no reason.

3.4 Eligibility: To use the Pickslots Sites, you represent and warrant that you:

  1. you represent and warrant to us that you are thirteen (13) years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Pickslots Sites and Services under the supervision of a parent, legal guardian, or other responsible adult;
  2. are not currently restricted from the Sites, or not otherwise prohibited from having an account with us;
  3. are not a competitor of ours and are not using our Sites for reasons that are in competition with us
  4. will only maintain one account with us at any given time (although you can delete an account and subsequently register for a new one, as long as you have only one active account at one time)
  5. have full power and authority to enter into this agreement with us and to be bound by these Terms and Conditions and doing so will not violate any other agreement to which you are a party; and
  6. will not violate any rights of the Sites, including intellectual property rights such as copyrights or trademark rights; and
  7. agree to provide at your cost all equipment, software, and internet access necessary to access and use the Sites.


3.5 User Submissions: Pickslots welcomes your comments regarding the Services and our Sites and appreciates hearing from you. Please note, however, that Pickslots does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send Pickslots creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission shall become the property of Pickslots. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on Pickslots’ part, and Pickslots will not be liable for any use or disclosure of any User Submission. Pickslots shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.


4. Third Party Providers. You acknowledge and agree that Pickslots may provide the Services using third party providers, including subcontractors and consultants (the "Third Party Providers") and we may change our use of the third party providers at our sole discretion and without notice to you.

5. Disclaimers and Limitations on Pickslots’ Liability.


5.1 Allocation of Responsibility: Pickslots assumes no responsibility for documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. Pickslots acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring documents posted by Users. If notified by a user of document which allegedly does not conform to these Terms and Conditions, Pickslots may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such document. Pickslots has no liability or responsibility to users for performance or nonperformance of such activities. Pickslots may take any action with respect to user submitted information that it deems necessary or appropriate, in its sole discretion.


5.2 No endorsements: Nothing on the Pickslots Sites shall be considered an endorsement, representation or warranty with respect to any user or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.

5.3 WARRANTY DISCLAIMERS:

  1. OURWEBSITE AND MOBILE APPLICATIONS ARE PROVIDED ON AN 'AS IS' AND ‘AS AVAILABLE’ BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. PICKSLOTS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE PICKSLOTS SITES.
  2. WITHOUT LIMITATION ON THE FOREGOING: 
    1. PICKSLOTS DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PICKSLOTS IS NOT RESPONSIBLE FOR THOSE COSTS.
    2. PICKSLOTS MAKES NO REPRESENTATIONS OR GUARANTEESREGARDING THETRUTHFULLNESS,ACCURACY, LEGALITY, COMPLETENESS, TIMELNESS OR RELIABILTYOF ANY DOCUMENTSPOSTED BY USERS, OR OF ANY OTHER FORMOF COMMUNICATIONENGAGED INBY USERS. DOCMENTS MAYCONTAININACCURACIESOR TYPOGRAPHICALERRORS. YOU AGREETHAT ANYRELIANCE ON DOCUMENTSPOSTED BY USERS, OR ONANY OTHER FORM OFCOMMUNICATION WITH USERS, WILL BE AT YOUR OWN RISK.
    3. PICKSLOTS MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE CONTENT OF THE SITES INCLUDING, BUT NOT LIMITED TO, BROKEN LINKS, INACCURACIES OR TYPOGRAPHICAL ERRORS.
    4. PICKSLOTS MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. PICKSLOTS DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.

5.4 LIMITATION OF DAMAGES AND REMEDIES

  1. YOU ASSUME ALL RESPONSIBILTY AND RISK FOR USE OF THE PICKSLOTS SITES, THE INTERNET GENERALLY, AND THE DOCUMENTS OR EMPLOYER MATERIALS THAT YOU POST, PROVIDE OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES.
  2. IN NO EVENT SHALL PICKSLOTSBE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF PICKSLOTS, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISNG OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER TERMS OR POLICIES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OF DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREINFAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING CONCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PICKSLOTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.5 User Authentication. Because User authentication on the Internet is difficult, Pickslots cannot and does not confirm that each User is who they claim to be. Because Pickslots does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release Pickslots from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

5.6 California Residents. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

6. Payment of Services. You are only required to make a payment before you post a job vacancy on Pickslots. The payment to post a job is non-refundable; If at any time during an active job post should you delete your job post or deactivate/disable your Pickslots account, Pickslots will not be required to refund/cancel any payments already made. 

7. Links to Other Sites. Pickslots contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Pickslots of the contents on such third-party web sites. Pickslots is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.


8. Amendments to this Agreement and Changes to Sites. Pickslots may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Sites (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. 


9. Indemnity. You agree to defend, indemnify, and hold harmless Pickslots (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any Document posted by you, your use of the Services or your breach of this Agreement. Pickslots shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.


10. User Information and Privacy Policy.

10.1 When you register on any of the Pickslots Sites or in connection with the Services, you will be asked to create an account and provide Pickslots with certain information, including but not limited to, a valid email address ("User Information"). You acknowledge and agree that you have no ownership rights in your account.

10.2 All User Information will be used in accordance with the terms of Pickslots' Privacy Policy. Please note, as set forth in the Privacy Policy, that Pickslots may collect certain User Information and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, Pickslots reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User Information. In addition, third parties may retain cached copies of User Information.


11. Questions and Feedback. Questions concerning the use of the Sites should be directed to Feedback. We will send notice to you at the address submitted by you or to such other address as Pickslots reasonably determines is an appropriate address for you.


12. General. Pickslots makes no claims that the content on the Sites is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Sites. If you access Pickslots from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Massachusetts, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in the State of Massachusetts.If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect.


13. Rules regarding Posting, Conduct and Security.

The following rules apply to your use of the Sites and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.

13.1 Posting Rules:

  1. You may not post any Document to a Site that contains:
    1. URLs or links to web sites other than to recruitment related pages on your company web site (to advertise your company or web site, see our Advertising Info page.);
    2. copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material);
    3. trade secrets (unless you own them or have the owner's permission to post them);
    4. material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others;
    5. irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User);
    6. anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or
    7. anything that is embarrassing or offensive to another person or entity.
  2. You may not use a Document(s) to:
    1. impersonate another person, living or dead;
    2. post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters;
    3. Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or, in the case of Users seeking employment, your qualifications as a candidate for employment. Documents that encourage the User to "email for more details" are not permitted.
    4. Job postings must relate to individual openings. You may not advertise multiple job openings in a single posting.
    5. Resume/User Profiles must contain the accurate resume of a living individual seeking employment on a part-time, or contractual basis on his or her own behalf.
    6. Pickslots is under no obligation to monitor the Documents posted on the Sites, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at Pickslots’ sole discretion.


13.2 Conduct Rules:
 

  1. You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the Employer's business are prohibited.
  2. You may not send unsolicited commercial email to Users.
  3. Your Pickslots account and any related Services accessed through such account are to be accessed and used solely by you. Upon your successful registration for a Pickslots account, you will be provided with a unique password that will permit you to access the account. You may not provide your password or otherwise permit access to your Pickslots account to any third party. You are responsible for maintaining the confidentiality of your information and password. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer(s).You are responsible for all uses of your account, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Sites. You agree to notify Pickslots immediately of any unauthorized use of your account or password.
  4. Report inappropriate postings or conduct to Feedback.
  5. You may not delete or revise any material posted by any other person or entity.
  6. If at any time Pickslots comes to the understanding that you:
    1. misled Pickslots regarding your business practices and/or services, or
    2. purchased services that do not represent your precise business, Pickslots reserves the right to terminate your Agreement.


13.3 Security Rules: 

  1. Users are prohibited from violating or attempting to violate the security of the Sites, including, without limitation:
    1. accessing data not intended for such User or logging into a server or account which the User is not authorized to access;
    2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
    3. attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Sites, overloading, "flooding", "mail bombing" or "crashing";
    4. sending unsolicited e-mail, including promotions and/or advertising of products or services;
    5. forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
  2. Violation of these Security Rules may result in civil or criminal liability. Pickslots will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

For any questions or comments, or to report violations of this Agreement, let us know, or contact us at support@pickslots.com.