Terms of Use for Veteran Applicants

 

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CANDIDATE TERMS AND CONDITIONS OF USE


Updated: August 8, 2022

These Candidate Terms and Conditions of Use (these “Terms of Use”) are entered into by and between Vets2Set, Inc., a Connecticut nonstock corporation (“Vets2Set®”), and the military veteran candidate (“Candidate”) accessing the Vets2Set® website and Veteran Database (collectively, the “Database”).  These Terms of Use govern Candidate’s access to and use of the Database. The Database is the property of Vets2Set® and has been established to assist Candidates in being identified for multimedia production employment opportunities (the “Purpose”) with outside entities and/or organizations (each an “Employer”).

Please read these Terms of Use carefully before using the Database.  BY CREATING A USER ACCOUNT OR USING THE DATABASE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE DATABASE.

Vets2Set® reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time by posting an updated version on the Vets2Set® website. It is Candidate’s responsibility to check these Terms of Use periodically for changes, as they are binding on Candidate. Candidate’s continued use of the Database following the posting of such changes will constitute Candidate’s acceptance and agreement to such changes. Hereinafter, Vets2Set® or Candidate may be referred to as a “Party” and together as the “Parties.”

  1. Vets2Set® Role Limited. The Parties understand and agree that Vets2Set® is not responsible for the selection and/or subsequent employment of Candidates. As described more fully below, Candidate acknowledges and agrees that Vets2Set® is not engaging in an employer/employee relationship with Candidate, and makes no representations or assurances to Candidate about potential future employment with any Employer. These Terms of Use are between Vets2Set® and Candidate only. No Employer is a party to these Terms of Use, nor is Vets2Set® a party to any agreement between Candidate and any Employer.
     
  2. Employer and Employer Information. Candidate acknowledges that the hiring Employer, not Vets2Set®, 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. Candidate agrees that Vets2Set® shall have no responsibility, obligation, or liability with respect to the employment of Candidate by an Employer or its affiliates, or an obligation to screen, monitor, review, or otherwise verify an Employer or any policies or practices thereof.  Candidate further agrees that Vets2Set® does not have any obligation to screen any Employer information, and assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, and reliability of all information regarding employers (together “Employer Information”). Candidate 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 Employer Information is created and provided by Employers over whom Vets2Set® exercises no control.
     

  3. Candidate Information. Vets2Set® verifies military status by requesting applicable documentation of military service from Candidate, which may include (1) DD 214 or DD 215, (2) NBG 22 or NGB 22A, and/or (3) a military ID card (copy). Candidate agrees to provide any such requested information and affirms that all information provided by Candidate to Vets2Set® and throughout the employment hiring process with any Employer process is true, accurate, and complete. Candidate understands that any false information or statements will result in immediate revocation of access to the Database, deletion of his/her Candidate Information, and may result in an Employer’s revocation of an offer of employment or termination of Candidate’s employment with an Employer.  If any information of Candidate in the Database changes, Candidate agrees to promptly notify Vets2Set® of such change.

    Candidate agrees that any information he or she posts to the Database will be considered non-confidential and non-proprietary.  By providing such information for the Database, Candidate 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.

    All information Vets2Set® collects for the Database is subject to the Privacy Policy of Vets2Set® (the “Privacy Policy”). By using the Database, Candidate consents to all actions taken by Vets2Set® with respect to Candidate’s information in compliance with the Privacy Policy.

  4. Scope of Use.  Candidate agrees to use the Database and its contents solely for the Purpose.

  5. 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.

    Candidate agrees to not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Database.  If Candidate prints, copies, modifies, downloads, or otherwise uses or provides any other person with access to any part of the Database in breach of the Terms of Use, Candidate’s right to use the Database will stop immediately and Candidate must, at the option of Vets2Set®, return or destroy any copies of the materials Candidate has made. No right, title, or interest in or to the Database or any content on the Database is transferred to Candidate, and all rights not expressly granted are reserved by Vets2Set®. Any use of the Database not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

    The Vets2Set® name and all related names, logos, product and service names, designs, and slogans are trademarks of Vets2Set®. Candidate agrees not to use such marks without the prior written consent of Vets2Set®.
     
  6. Compliance with Employer Protocols and Law.  If Candidate is hired by any Employer, Candidate agrees to comply with all formal and informal rules, policies and other protocols of such Employer during the course of Candidate’s engagement.

    Candidate 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.

    In addition, Candidate agrees not to: (i) use the Database in any manner that could disable, overburden, damage, or impair the Database or interfere with any other party’s use of the Database; (ii) use any robot, spider, or other automatic device, process, or means to access the Database for any purpose, including monitoring or copying any of the material on the Database; (iii) use any manual process to monitor or copy any of the material on the Database, or for any other purpose not expressly authorized in these Terms of Use; (iv) use any device, software, or routine that interferes with the proper working of the Database; (v) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Database, the server on which the Database is stored, or any server, computer, or database connected to the Database; or (vii) otherwise attempt to interfere with the proper working of the Database.
     
  7. Children.  Candidate agrees that they are not 13 years of age or younger.
     
  8. Disclaimer of Warranties.  Candidate understands that Vets2Set® cannot and does not guarantee or warrant that the Database will be free of viruses or other destructive code. Candidate is responsible for implementing sufficient procedures and checkpoints to satisfy Candidate’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 CANDIDATE’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO CANDIDATE’S USE OF THE DATABASE.

    CANDIDATE’S USE OF THE DATABASE AND ITS CONTENT IS AT CANDIDATE’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 CANDIDATE’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.
     
  9. 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, and 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) CANDIDATE’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 EMPLOYER, 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.
     
  10. Class Action Waiver. EXCEPT WHERE PROHIBITED, CANDIDATE AGREES THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THESE TERMS OF USE OR THE DATABASE SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
     
  11. Indemnification.  Candidate agrees to defend, indemnify, and hold harmless Vets2Set® and the Released Parties 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 arising out of or related to Candidate’s violation of these Terms of Use, Candidate’s use of the Database or Candidate’s employment or potential employment with an Employer.
     
  12. Database Access. To the extent Candidate creates or is provided a user name and password to access, modify, or upload information to the Database, Candidate may not share his or her login information with any person or third party, authorize any person or other third party to use such login or password or impersonate another person in their registration information. Failure to comply with the foregoing shall constitute a breach of these Terms of Use, which may result in immediate termination of Candidate’s account.  Candidate shall immediately notify Vets2Set® of any known or suspected unauthorized use(s) of their 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 Candidate’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, including registered users.

    Vets2Set® has the right to disable any user name, password, or other identifier, whether chosen by Candidate or provided by Vets2Set®, at any time in its sole discretion for any or no reason, including if, in the opinion of Vets2Set®, Candidate has violated any provision of these Terms of Use.
     

  13. Equitable Relief. Candidate acknowledges and agrees that Vets2Set® will suffer irreparable injury in the event of a breach of the obligations contained in these Terms of Use. Therefore, Vets2Set® will be entitled to seek injunctive relief by a court of competent jurisdiction to prohibit any such violation or breach or threatened violation or breach, without any requirement of posting a bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

  14. Arbitration.  At the sole discretion of Vets2Set®, it may require Candidate to submit any disputes arising from these Terms of Use or use of the Database, 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 Florida law.

  15. Governing Law; Venue. These Terms of Use, and any disputes arising therefrom, shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than Florida. In any dispute concerning any provision of these Terms of Use, the Parties further consent to the exclusive jurisdiction of the courts of the State of Florida and agree to litigate said dispute in Palm Beach County.

  16. Severability. If any provision of these Terms of Use is determined by any court or governmental authority to be unenforceable, the Parties intend that these Terms of Use be enforced as if the unenforceable provisions were not present and that any partially valid and enforceable provisions be enforced to the extent that they are enforceable.

  17. Entire Agreement. These Terms of Use and the Privacy Policy constitute the complete and final agreement of the Parties pertaining to the subject matter hereof and supersedes any prior agreements, understandings and discussions relating to the subject matter hereto.

  18. Binding Effect. These Terms of Use shall be binding upon and inure to the benefit of the Parties and their respective heirs, legal representatives, successors, and permitted assigns. Except as otherwise expressly provided in these Terms of Use, or by operation of law, neither these Terms of Use nor any of the rights, interests, or obligations hereunder may be assigned by Candidate without the prior written consent of Vets2Set®. Vets2Set® may assign, transfer, or sell its rights under these Terms of Use, in its sole and absolute discretion, without the consent of Candidate.

  19. No Third Party Beneficiaries. Nothing in these Terms of Use shall be construed to the benefit of any third party unless expressly named herein and designated to inure to such party’s benefit.