TERMS AND CONDITIONS OF USE
- Candidate Information. Vets2Set® verifies military status by requesting applicable documentation of military service from candidates. Vets2Set® does not have any other obligation to screen any candidate information (including, without limitation, any claimed skills), assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, and reliability of all Candidate Information. It is Employer’s responsibility to confirm and verify all identities, references, work and criminal histories, backgrounds, and all other information (together “Candidate Information”) obtained from the Database. Vets2Set® provides access to its website and the Database without representation or warranty of any kind, whether express, implied, or statutory, as to the accuracy and completeness of such materials, documents, and other information. Candidate Information is created and provided by candidates over whom Vets2Set® exercises no control.
- Employer. When a candidate is hired from the Database, Employer 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 the candidate under state, federal, and local law. Vets2Set® shall have no responsibility, obligation, or liability with respect to the subsequent employment of a candidate by Employer.
- Scope of Use. Vets2Set retains all right, title and interest in and to the Database including all intellectual property rights adhering thereto, and except for those rights expressly granted to Employer herein, no proprietary rights or licenses are granted to Employer, by implication or otherwise. Employer is not permitted to use the Database or its contents for any purpose other than the Purpose. Access to the Database is granted exclusively for internal hiring purposes at Employer’s own organization (or, if Employer is an agency, for its production clients). Employer agrees to preserve in confidence and not share with any third parties the Database and the candidate information contained therein, except that Employer provide access to agencies working on behalf of Employer and to governmental or regulatory agencies, as required by law, or pursuant to a valid court order.
- Compliance with Law. Employer agrees to comply with all state, federal 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 federal, state, and local law.
- Limitation of Liability. REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS ITS ESSENTIAL PURPOSE, VETS2SET® SHALL NEVER BE LIABLE TO OR THROUGH EMPLOYER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE INCLUDING; LOSS OF ACTUAL OR ANTICIPATED PROFITS OR LOSS OF USE, EVEN IF VETS2SET® HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS, DAMAGE OR EXPENSE; LOSS OF BUSINESS OR BUSINESS REVENUE; OR LOSS OF OPPORTUNITY OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE DATABASE, ANY ACT OR OMISSION OF VETS2SET® RELATING THERETO, OR EMPLOYER’S USE OF OR INABILITY TO USE THE VETS2SET® WEBSITE OR THE DATABASE, OR ARISING FROM ANY OTHER CAUSE WHATSOEVER. IN ANY EVENT, VETS2SET®’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS OR ACTIONS OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING CLAIMS OR ACTIONS BASED IN TORT, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, SHALL BE LIMITED TO $10.
- Indemnification. Employer will defend, indemnify, and hold harmless Vets2Set® and its subsidiaries, affiliates, directors, officers, employees, agents, successors, and assigns from and against any and all losses, costs, expenses, claims, actions, and liabilities, including court costs and legal fees, incurred in defending against any claim in connection with Employer’s employment or potential employment of a candidate. This includes, without limitation, if the candidate directly or indirectly causes or contributes to any personal or property damage, injury, loss or expense while in the employment of Employer.