EMPLOYER TERMS AND CONDITIONS OF USE
Updated: August 8, 2022
Employer and Employer Information. Employer acknowledges and agrees that it is solely responsible for all compensation, benefits, insurance, payroll taxes (including applicable federal, state and municipal withholdings), and all other responsibilities pertaining to the employment of any candidate under state, federal, and local law. Vets2Set® shall have no responsibility, obligation, or liability with respect to the employment of a candidate by Employer.
Employer agrees that any information it posts to the Database will be considered non-confidential and non-proprietary. By providing such information for the Database, Employer grants Vets2Set® and its licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material. If any information of Employer in the Database changes, Employer agrees to promptly notify Vets2Set® of such change.
- Candidate Information. Vets2Set® verifies military status by requesting certain documentation of military service from candidates. Employer acknowledges and agrees that Vets2Set® does not have any other obligation to screen any candidate information (including, without limitation, any claimed skills or a background check), and assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, and reliability of all identities, references, work and criminal histories, backgrounds, and all other information regarding candidates (together “Candidate Information”). It is Employer’s responsibility to confirm and verify all Candidate Information obtained from the Database or otherwise. Employer acknowledges that Vets2Set® provides access to the Database without representation or warranty of any kind, whether express, implied, or statutory, as to the accuracy, completeness or usefulness of such materials, documents, and other information, and that Candidate Information is created and provided by candidates over whom Vets2Set® exercises no control.
Intellectual Property Rights. The Database and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Vets2Set®, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Vets2Set® name and all related names, logos, product and service names, designs, and slogans are trademarks of Vets2Set®. Employer agrees not to use such marks without the prior written consent of Vets2Set®.
Compliance with Law. Employer agrees to comply with all international, federal, state, and local laws and regulations with respect to all employment practices and policies, including, without limitation, those relating to hiring, training, promotions, transfers, rates of pay, layoff, collective bargaining and all forms of compensation. Employer agrees to provide equal employment opportunity for all candidates regardless of race, religion, color, sex, gender identity or expression, sexual orientation, pregnancy, age, national origin, ancestry, disability, military/veteran status, genetic information, marital status, ethnicity, alienage or any other protected classification, in accordance with applicable international, federal, state, and local law.
Employer further agrees to not use the Database: (a) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); (b) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; or (c) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Database, or which, as determined by Vets2Set®, may harm Vets2Set® or users of the Database, or expose them to liability.
- Disclaimer of Warranties. Employer understands that Vets2Set® cannot and does not guarantee or warrant that the Database will be free of viruses or other destructive code. Employer is responsible for implementing sufficient procedures and checkpoints to satisfy Employer’s particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the website of Vets2Set® for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, VETS2SET® WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT EMPLOYER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO EMPLOYER’S USE OF THE DATABASE.
EMPLOYER’S USE OF THE DATABASE AND ITS CONTENT IS AT EMPLOYER’S OWN RISK. THE DATABASE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER VETS2SET® NOR ANY PERSON ASSOCIATED WITH VETS2SET® MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE DATABASE. WITHOUT LIMITING THE FOREGOING, NEITHER VETS2SET® NOR ANYONE ASSOCIATED WITH VETS2SET® REPRESENTS OR WARRANTS THAT THE DATABASE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE DATABASE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE DATABASE WILL OTHERWISE MEET EMPLOYER’S NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, VETS2SET® HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
- Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL VETS2SET® OR ANY OF ITS subsidiaries, affiliates, directors, officers, employees, agents, successors OR assigns (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR ANY LOSSES, DAMAGES OR EXPENSES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (A) EMPLOYER’S USE, OR INABILITY TO USE, THE DATABASE, (B) ANY ACT OR OMISSION OF VETS2SET® RELATING THERETO, (C) ANY LOSS, DAMAGE OR EXPENSE CAUSED BY ANY CANDIDATE, OR (D) ANY OTHER CAUSE WHATSOEVER. IN ADDITION, IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE; LOSS OF ACTUAL OR ANTICIPATED PROFITS OR LOSS OF USE; LOSS OF BUSINESS OR BUSINESS REVENUE; OR LOSS OF OPPORTUNITY OR GOODWILL, EVEN IF SUCH RELEASED PARTY HAD BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS, DAMAGE OR EXPENSE.
Database Access. Employer shall not share its user name and password with third parties (other than Representatives). Employer shall immediately notify Vets2Set® of any known or suspected unauthorized use(s) of its account or any known or suspected breach of security. Any failure to abide by these registration and security requirements or fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Employer’s account, in the sole discretion of Vets2Set®.
Vets2Set® reserves the right to withdraw or amend the Database, and any service or material on the Database, in its sole discretion without notice. Vets2Set® will not be liable if for any reason all or any part of the Database is unavailable at any time or for any period. From time to time, Vets2Set® may restrict access to some parts of the Database, or the entire Database, to users.