TERMS OF SERVICE
Effective: October 2021
1. Acceptance of Terms
These Terms of Service (“Terms”) govern your use of the AgileThought powered by WorkLLama™ mobile application, www.agilethought.workllama.com, any other AgileThought website operated by WorkLLama (collectively, the “Application”), and the services, content and information provided through the Application that are owned or operated by WorkLLama LLC (“WorkLLama”, “we”, “our” or “us”).
By accessing, downloading, installing, registering for or using the Services, or by clicking to accept or agree to the Terms when this option is made available to you, you: (i) acknowledge that you have read and understood these Terms; (ii) accept and agree to be bound by them in their entirety; (iii) are entering into a legally binding agreement with us; and (iv) acknowledge that, except as otherwise expressly provided, these Terms are solely between you and WorkLLama. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHALL NOT USE THE SERVICES.
2. Changes to Terms
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them to the Application and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check the Application from time to time so you are aware of any changes, as they are binding on you.
3. Accessing the Services
- Scope of Services. “Services” means the Application and the services, content, functionality and information provided on or through the Application that allows you to interact with potential employers and other users online in connection with their respective employment opportunities and goals. The Services are for your own personal, non-commercial use only.
- Registration. You must register on this Application to refer, receive a referral for, or apply for a job or review information about posted jobs or potential employers or referral opportunities through the Application or to otherwise use certain features of the Application. Registration alone does not guarantee that you or your referree will be selected for any jobs. If you simply want to browse this Application, registration is optional, although all features in information may not be available to you unless you register. During registration you will be required to provide various information including your full name, email address, mobile phone number, and password. You can select any available username, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of certain Application functions. We reserve the right to reject or remove any username or any WorkLLama™ account in our sole discretion.
- Account Security. You assume all responsibility for your use of, and access to, the Services. You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting such data. Access to our Services and to certain online transactions may involve the use of identification numbers, passwords, or other individualized nonpublic information (“Private Documentation”). You shall use your best efforts to prevent unauthorized use of our Services, your account, or of any Private Documentation, and shall promptly report to WorkLLama any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your account, identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords.
- Information You Submit to the Application. You represent and warrant that all information you submit to us through the Application is true, accurate, current and complete and that you will promptly update your WorkLLama™ account if your information changes. It is your responsibility to keep your account and profile information accurate and updated. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us. The account you create and any related profile is owned by us. With regard to your account, you agree to: (i) keep your password secure and confidential; (ii) not permit others to use your account; (iii) not use the accounts of others; (iv) not transfer your account to another party; and (v) notify us of any actual or suspected unauthorized use of your account.
- Network Access and Devices. You are responsible for obtaining, at your own cost, the internet and data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Application and any updates thereto. WorkLLama does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
- Scope of Services. “Services” means the Application and the services, content, functionality and information provided on or through the Application that allows you to interact with potential employers and other users online in connection with their respective employment opportunities and goals. The Services are for your own personal, non-commercial use only.
- Registration. You must register on this Application to refer, receive a referral for, or apply for a job or review information about posted jobs or potential employers or referral opportunities through the Application or to otherwise use certain features of the Application. Registration alone does not guarantee that you or your referree will be selected for any jobs. If you simply want to browse this Application, registration is optional, although all features in information may not be available to you unless you register. During registration you will be required to provide various information including your full name, email address, mobile phone number, and password. You can select any available username, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of certain Application functions. We reserve the right to reject or remove any username or any WorkLLama™ account in our sole discretion.
- Account Security. You assume all responsibility for your use of, and access to, the Services. You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting such data. Access to our Services and to certain online transactions may involve the use of identification numbers, passwords, or other individualized nonpublic information (“Private Documentation”). You shall use your best efforts to prevent unauthorized use of our Services, your account, or of any Private Documentation, and shall promptly report to WorkLLama any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your account, identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords.
- Information You Submit to the Application. You represent and warrant that all information you submit to us through the Application is true, accurate, current and complete and that you will promptly update your WorkLLama™ account if your information changes. It is your responsibility to keep your account and profile information accurate and updated. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us. The account you create and any related profile is owned by us. With regard to your account, you agree to: (i) keep your password secure and confidential; (ii) not permit others to use your account; (iii) not use the accounts of others; (iv) not transfer your account to another party; and (v) notify us of any actual or suspected unauthorized use of your account.
- Network Access and Devices. You are responsible for obtaining, at your own cost, the internet and data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Application and any updates thereto. WorkLLama does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
4. License Grant and Restrictions
- License Grant. Subject to these Terms, WorkLLama grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license and right to access the Services through a generally available mobile device or web browser to view content and information and otherwise use the Services to the extent intended and permitted by the functionality thereof. This license is personal to you, and you may not resell our Services or permit other users to access to our Services through your account. This license may be revoked at any time for any reason, or no reason at all, at the sole discretion of WorkLLama.
- License Restrictions. Without the prior written approval of WorkLLama, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Services. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Services. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Services you are using. The Services provided by WorkLLama are licensed, not sold.
5. Proprietary Rights
- All Rights Reserved. The Services, and all copies of the Services, are owned by WorkLLama or its third-party licensors and are protected by various United States and international intellectual property laws, including, without limitation, copyright, and trade secret laws. WorkLLama reserves all rights not expressly granted to you herein. You agree that you have no right to any WorkLLama trademark or service mark and may not use any such mark in any way unless expressly authorized by WorkLLama.
- Feedback. You may from time to time identify problems, and solutions to identified problems, and provide suggestions, comments, or other feedback to WorkLLama related to the Services (“Feedback”). You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and WorkLLama shall be free to use or disclose such Feedback, including your first and last name or username, for any purpose. Our use and disclosure of your personal information in connection with posting your Feedback on the Application shall be subject to our Privacy Policy. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information and you are not entitled to any compensation or reimbursement of any kind from WorkLLama under any circumstances relating to such Feedback.
6. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You may not use our Services to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
- Using the Services while operating a motor vehicle;
- Acts that may restrict, inhibit or otherwise adversely affect the quality of other users’ experience, or which, as determined by us, may harm WorkLLama or users of the Services, or expose either to liability;
- Actual or attempted unauthorized use or sabotage of any computers, machines or networks;
- Introducing malicious programs into the Services, network or servers (e.g. viruses, worms, Trojan horses, etc.);
- Using any robot, spider, or other automatic devices, process, or means, or any manual process or means to access the Website for any purpose, including monitoring or copying any of the content or material of the Services;
- Engaging in any monitoring or interception of data not intended for you without authorization;
- Attempting to circumvent authentication or security of any host, network, or account without authorization;
- Using any method, software or program designed to collect identity information, authentication credentials, or other information;
- Falsifying user identification information;
- Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service;
- Using the Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law;
- Impersonating any person or entity, including, but not limited to, a WorkLLama representative or potential employer representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; or
- Engaging in any conduct that interferes, or attempts to interfere, with the proper working of the Services;
7. User Contributions and Standards; Copyright Infringement
General. The Services may contain message boards, chat rooms, user web pages or profiles, forums, bulletin boards, job postings, job posting referrals, referral acceptances, and related details, resumes, job applications, employer rating, messaging applications, 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 (collectively, “User Contributions”) on or through the Application.
All User Contributions must comply with the Content Standards set out in these Terms. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Application, you grant us and our affiliates, and each of their and our respective licensees, and successors, and assign the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to 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 each of their and our respective licensees, successors, and assigns.
- All of your User Contributions are true, accurate, current, and complete.
- All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, are fully responsible for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to you or any third party for the content or accuracy of any User Contributions posted by you or any other user of the Application.
- Content Standards. 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.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms and our Privacy Policy.
- 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 contests, sweepstakes, and other sales promotions, barter, or advertising unless expressly authorized by WorkLLama.
- Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
- Enforcement. We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Application or the public, or could create liability for WorkLLama.
- 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 Application or Services.
- Terminate or suspend your access to all or part of the Application for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate 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 Application. YOU WAIVE AND HOLD HARMLESS WORKLLAMA 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 all material before it is posted on the Application, 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 the performance or nonperformance of the activities described in this section.
- Copyright Infringement. If you believe that any User Contributions violate your copyright, please see our Copyright Policy [INSERT AS LINK TO COPYRIGHT POLICY] for instructions on sending us a notice of copyright infringement. It is the policy of WorkLLama to disable and/or terminate the user accounts of repeat infringers.
8. Suspension and Termination of the Services
- WorkLLama may deny or restrict your access to all or any part of the Application without notice for any reason or for no reason at all, including if, in WorkLLama’s sole discretion, it deems that you have engaged in any conduct or activities that WorkLLama, in its sole discretion, believes violates the letter or spirit of any of these Terms.
- In the event that these Terms, the Services, your access to the Services, or any part of any of the foregoing are terminated for any reason or no reason, you acknowledge and agree that you will continue to be bound by these Terms. Following termination, you shall immediately cease use of the Services and any license granted to you under any agreement related to your use of the Services shall immediately terminate. WorkLLama will not be liable to you or any third party as a result of the termination of these Terms or the Services or for any actions taken by WorkLLama pursuant to these Terms as a result of such termination. Without limiting the generality of the foregoing, WorkLLama will not be liable to you or any third party for damages, compensation, or reimbursement relating to your use of the Services, or the termination thereof.
- You may terminate these Terms by terminating your use of the Services and any related account; provided, however, immediately upon your subsequent access of the Services or creation of an account, the Terms then in effect shall become effective.
9. Third-Party Content and Terms
- Third-Party Content. We do not control, and we are not responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Services, including that which is provided by any third party, including employers, job referrers and referees, job seekers, and other users accessing or using the Services. We may, but do not have, nor do we undertake, any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Services, our network, the public or any users.
The information presented on or through the Service is made available solely for general information purposes. We are not responsible for nor do we warrant the accuracy, completeness, usefulness, timeliness or delivery of any statements, messages, services, data or any other information provided to or by third parties as accessible through the Service. Any reliance you place on such information is strictly at your own risk. We do not assume and specifically disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Service, or by anyone who may be informed of any of its contents.
From time to time, the Services may contain references or links to third-party materials not controlled by WorkLLama or its suppliers or licensors. Such information and links are provided as a convenience to you and should not be considered endorsements by WorkLLama of such sites or any content, products or information offered on such sites. You acknowledge and agree that WorkLLama is not responsible for any aspect of the information or content contained in any third-party materials or on any third-party sites accessible or linked to the Services. You are responsible for evaluating whether you want to access or use third-party sites and information. Accordingly, if you decide to use third-party sites, you do so at your own risk and agree that these Terms do not apply to your use of any third party sites. You should review any applicable terms or privacy policies of third-party sites before using it or sharing any information.
- App Store Terms. If you are accessing the Services through an application downloaded from the Apple App Store, you and WorkLLama agree to the following additional terms:
- WorkLLama and you acknowledge that these Terms are between you and WorkLLama only, and not with Apple, Inc. (“Apple”), and WorkLLama, not Apple, is solely responsible for the Services and the content thereof. You agree to be bound by the App Store Terms of Service as of the effective date of these Terms (which you acknowledge you have had the opportunity to review), including without limitation the Usage Rules (as defined in the App Store Terms of Service) (capitalized terms use in this section have the definitions given to them in the App Store Terms of Service unless otherwise defined herein).
- You may only access the Services on an iOS product that you own or control and only as permitted by the Usage Rules set forth in the App Store Terms of Service.
- To the extent set forth herein or required by applicable law, WorkLLama is solely responsible for providing any maintenance and support services with respect to the Services. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
- WorkLLama, not Apple, is solely responsible for any product warranties set forth in these Terms, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application to you, if applicable; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, if any, will be WorkLLama’s sole responsibility, to the extent not disclaimed herein.
- Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Apple shall in no way be responsible for any claim (including any related investigation, defense, settlement or discharge thereof) that the Services or your possession and use of the Services infringe any third party’s intellectual property rights.
- If you send or receive SMS messages through the Services, you acknowledge that standard text messaging rates or other carrier charges may apply to such use.
- If you authorize WorkLLama to access your Address Book on your iOS product, you acknowledge and agree that WorkLLama may access and use such data to share job postings or other materials related to the Services with your contacts.
- Google Terms. WorkLLama may send you push notifications and use your geo-location data if you authorize WorkLLama to do so. Additionally, the Services may incorporate the Google Maps API. Accordingly, if the Google Maps API is incorporated, by accessing or using our Services, you hereby agree to be bound by Google’s Terms of Service (available at http://www.google.com/intl/en/policies/terms/) and Google’s Privacy Policy (available at http://www.google.com/privacy.html).
10. Relationship between the Parties
- Job Opportunity Marketplace. You acknowledge that the Services serve as, among other things, a marketplace (i) for employers to post job opportunities, search for and evaluate job seekers and engage job seekers (in this case, AgileThought, referred to as a “Direct Employer”); (ii) for job seekers to post resumes, credentials, and certifications as well as search for and evaluate job opportunities; (iii) for users to refer posted job opportunities to other users, including job seekers; or (iv) for job seekers and employers to interact throughout the job evaluation and engagement. You are solely responsible for determining which jobs you will refer to or review or choose to accept through the Services. If you accept a job offer, and if certain details about the requested services (for example, how, when and where you provide the services) are outlined in the applicable job description, you will be required to comply with those. In connection with accepting a job offer and any relationship you may enter into with a Direct Employer, these Terms shall not constitute a contract of employment. In addition, with respect to each job offer you accept that may create an employer-employee relationship, the Direct Employer, and not WorkLLama, will serve as your employer of record and you will be an at-will employee of that Direct Employer.
- Disclaimers About Jobs. The disclaimers in this paragraph are in addition to the other disclaimers in these Terms and in no way limit any other disclaimer. WorkLLama disclaims any responsibility for and does not guarantee the identity of any employer or any individuals working for or claiming to be a representative of any employers, and cautions you when referring or applying to jobs. WorkLLama disclaims any responsibility for and in no way guarantees the content of a job posting, availability of employment, and validity of a job offer and cautions you to verify the content of a job posting and validity of a job offer before taking an adverse action regarding your current employment situation. You are solely responsible for verifying the accuracy and validity of any employer, job posting, or job offer. In the absence of a separate agreement between you and WorkLLama, WorkLLama and its affiliates undertake no obligations with respect to the foregoing except as expressly set forth in these Terms.
- Taxes. Unless otherwise instructed in writing by a Direct Employer, you are solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising from your provision of services in connection with any job offer you accept through the Services.
- No Employment Relationship. Nothing in these Terms is intended or should be construed to create a partnership, joint venture, principal-agent, or employer-employee relationship between WorkLLama and you and you shall take no position to the contrary. Without limiting the generality of the foregoing, you are not entitled to or eligible for any benefits that WorkLLama, its parents, subsidiaries, affiliates, or other related entities may make available to its employees, such as group insurance, profit-sharing or retirement benefits.
11. Acceptance of Job Offers and Job Performance
- Acceptance of Job Offers. The Services contain a feature that allows users to report to WorkLLama when they have accepted a job offer from a Direct Employer. You shall make reasonable efforts to report your acceptance of a job offer from a Direct Employer by using the functionality available through the Application. We may, in our sole discretion, incent you to report such information through the Services. You shall not circumvent, bypass, or otherwise avoid using the Services to engage in any activity with a Direct Employer that can reasonably be accomplished through the Services. In consideration of your use of the Services, you expressly authorize a Direct Employer to verify to WorkLLama that you have accepted employment, of any kind or nature, including but not limited to hourly or salary base rates and other personal information.
- Potential Earnings. Job postings, offers, and other communications on or made through the Services may contain an estimate of potential earnings for that job. These estimates may reflect the gross amount that may be earned in that job prior to withholding taxes and other deductions. These are estimates only for informational purposes and are in no way a guarantee of the amount you will earn for that job and, therefore, you shall not rely on them for any purpose.
- Job Performance. By accepting a job through the Services, you agree to use your best efforts to perform the services required by the job in a manner that is satisfactory to the Direct Employer. Once a job seeker has accepted a job through the Services, the job position will no longer be available for referral by other users or performance by other job seekers who received the job notification. By accepting a job, you are agreeing to provide the services for the wage specified in the job description. Do not accept a job unless you are sure that you understand what you are being asked to deliver, can get to and from the location of Direct Employer, and can deliver the services during the requested time period.
12. Referrals & Other Reward Programs
Employers or WorkLLama may, in their sole respective discretion, periodically create and offer monetary bonuses or other rewards for use of the Services, for referring job postings to other users, or for other specific actions (collectively “Reward Programs”). The terms and conditions accompanying such Reward Programs will govern how they are earned and paid to the extent that those terms and conditions differ from or add to these Terms.
You may be taxed on your receipt of cash and other consideration for Reward Programs, depending on the tax laws of federal, state, and local jurisdictions. WorkLLama may choose, but undertakes no obligation, to provide you with those notices and/or tax documents to you on occasion. We may also require you to provide certain information for purposes of issuing tax documents as a condition of receiving Reward Program consideration. In all instances, you will be solely responsible for any and all tax liability arising out of the consideration received for participation in Reward Programs.
You agree that all Reward Programs that may be offered through the Services, including new job seeker referral bonuses: (i) are between you and the Direct Employer offering the Reward Program and, unless otherwise explicitly stated in the terms and conditions applicable to that Reward Program, WorkLLama shall in no way be responsible for any aspect of that Reward Program, including, without limitation, determining your qualification for participating in the Reward Program or earning any rewards thereunder, and calculation and payment of Reward Program consideration; (ii) must be used for the intended audience and purpose, and in a lawful manner; (iii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by WorkLLama or the Direct Employer; (iv) may be disabled and/or discontinued by WorkLLama or the Direct Employer at any time for any reason without liability to WorkLLama or the Direct Employer; (v) may only be used pursuant to the specific terms that WorkLLama or the Direct Employer establishes for such program; (vi) are not valid for cash unless otherwise explicitly stated in the terms and conditions applicable to that Reward Program; and (vii) may expire prior to your use. To the extent that WorkLLama administers payments for the Reward Programs, WorkLLama reserves the right to withhold Reward Program payments or deduct from Reward Program payments or other features or benefits obtained through the use of Reward Programs, including the referral system, by you or any other user in the event that WorkLLama determines or believes that the use of such Reward Program was in error, fraudulent, illegal, or otherwise in violation of these Terms or any additional terms applicable to the Reward Program. In no event does any job seeker referral Reward Program, nor any other Reward Program, guarantee, entitle or require employment or job placement of any user.
13. Data Rights
- Authorization for Disclosure. You acknowledge and agree that Direct Employers and WorkLLama may disclose to WorkLLama any information you provide to that party, whether through the Services or otherwise, including, without limitation your personal information. WorkLLama may use your personal information in accordance with the Privacy Policy. In consideration of your use of the Services, you expressly authorize each Direct Employer to verify to WorkLLama that you have accepted employment or engagement of any kind or nature, and provide additional information of any kind or nature related to such employment or engagement, including but not limited to hourly or salary base rates and other personal and employment information and the Direct Employer may rely upon this authorization to disclose such information to WorkLLama.
Similarly, any information you submit or post to the Services will be considered non-confidential and non-proprietary. By providing such information on or through the Application, 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, subject to the Privacy Policy.
- WorkLLama Relationship with Direct Employers. You understand that Direct Employers are contractually obligated to pay WorkLLama and/or its parents, subsidiaries, affiliates or other related entities, financial compensation for use of the Services, which may include compensation paid for connecting them to users through the Services.
14. Geographic Restrictions
The Services, and content available on the Services, are based in the state of Georgia in the United States and provided for access and use only by persons located in the United States and India. You acknowledge that you may not be able to access all or some of the Services and related content outside of the United States and India and that access thereto may not be legal by certain persons or in certain countries. If you access the Services and related content from outside the United States and India, you are responsible for compliance with local laws.
15. Mobile Services
By using the Services through a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, the use of the Services through a mobile device may cause data to be displayed on and through your mobile device. In the event you change or deactivate your mobile account, you must promptly update your WorkLLama account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is solely your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Application through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.
16. Privacy
All information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
17. Representations and Warranties
You represent and warrant that you: (i) do and will comply with all applicable laws and regulations in connection with your use of the Services, (ii) are at least 18 years of age or otherwise over the age of majority in the jurisdiction in which you reside, (iii) are not currently restricted from the Services and are not otherwise prohibited from having an account-related thereto, (iv) will only maintain one account at any given time, (v) will only provide accurate information to WorkLLama, (vi) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party, and (vii) will not violate any rights of WorkLLama or a third party.
18. Disclaimers
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT WORKLLAMA SHALL HAVE NO LIABILITY FOR ANY ACT, OMISSION OR DECISION MADE BY WORKLLAMA OR ANY OTHER PARTY, INCLUDING, WITHOUT LIMITATION, ANY DIRECT EMPLOYER. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WORKLLAMA, ON BEHALF OF ITSELF AND ITS AFFILIATES, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NON-INFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, WORKLLAMA PROVIDES NO WARRANTY OR UNDERTAKING AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED, OR REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, WORKLLAMA’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
19. Indemnification
You agree to defend, indemnify and hold WorkLLama, its parents, subsidiaries, affiliates and other related entities, and the officers, directors, employees and agents of each of the foregoing (the “Indemnified Parties”) harmless from all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, that are incurred by any of the Indemnified Parties (collectively, “Losses”) arising out of or relating to (i) any violation of these Terms by you; (ii) your violation of any rights of another; (iii) your use of the Services, including, without limitation, your User Contributions; (iv) bodily injury, death of any person or damage to real or tangible, personal property resulting from the willful, fraudulent or grossly negligent acts or omissions of you or any of your representatives or agents; (v) your material breach of any representation, warranty or obligation set forth in these Terms; (vi) any employment-related claim of any nature made against the Indemnified Parties to the extent that such claim is based, in whole or in part, on an act or omission committed by you, a Direct Employer, or any of the employees or agents of any of the foregoing. Each of the Indemnified Parties reserves the right, at your expense, to, upon notice, assume the exclusive defense and control of any matter subject to indemnification hereunder.
20. Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE 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.
21. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WORKLLAMA OR ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“WORKLLAMA PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, OR EMPLOYER-EMPLOYEE RELATIONSHIP, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THESE TERMS SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.
THE WORKLLAMA PARTIES’ TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED ONE HUNDRED (100) US DOLLARS. SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE WORKLLAMA PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN SECTIONS 18, 20, AND 21 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THESE TERMS.
22. Dispute Resolution
At WorkLLama’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Georgia law. The arbitration shall be non-appearance-based and conducted by telephone, online or be solely based on written submissions; the specific manner shall be chosen by WorkLLama. The arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You agree that any dispute resolution proceedings, whether in arbitration or a court of law, 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 each party waives any right to a jury trial.
23. Electronic Notices and Disclosures
You acknowledge and agree that WorkLLama may provide notices and other disclosures to you electronically by posting such notices or other disclosures in the Application or by emailing it to you at any email address you provided to WorkLLama. Such notices or other disclosures shall be considered received by you following the posting in or on the Services or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.
24. Miscellaneous
These Terms, along with any rules, guidelines, or policies posted on the Services constitute the entire agreement between WorkLLama and you with respect to your use of our Services. If there is any conflict between these Terms and any other rules or instructions posted on the Services, these Terms shall control. No amendment to these Terms by you by shall be effective unless acknowledged in writing by WorkLLama. These Terms shall be governed by, and construed in accordance with, the laws of the state of Georgia, without reference to its choice of law rules. Subject to the arbitration provisions above, an exclusive venue for any action arising out of or in connection with these Terms or the Services shall be in Atlanta, Georgia. The parties each hereby consent to the jurisdiction and venue in Atlanta, Georgia, and waive any objections to such jurisdiction and venue. Notwithstanding the foregoing, you agree that WorkLLama shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary to be enforceable and valid and that the rest of these Terms will otherwise remain in full force and effect. You may not assign your rights or obligations under these Terms without the prior written consent of WorkLLama. WorkLLama’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms will survive the termination of these Terms and termination of the Services. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that WorkLLama may have pursuant to any intellectual property laws or any other laws. All rights and remedies available to WorkLLama, pursuant to these Terms or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to WorkLLama. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, or any other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services. Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and WorkLLama, to claim a beneficial interest in these Terms or any rights occurring by virtue of these Terms.
25. Your Comments or Concerns
If you have any questions, complaints, or claims, you may contact WorkLLama at 3655 North Point Pkwy, Alpharetta, Georgia, 30005-2027, support@workllama.com, and +1 (770) 691-5853.