Description of Services and Applicable Parties
As a user of this Service, you may fall into one or more of the Applicable Parties below, and therefore be bound by this agreement.
Applicants: As part of your application and consideration for employment by the Customer, information will be submitted to the Customer by you and, when applicable, by the References you designate. OutMatch Services include a portal for your use in the submission of such information.
I hereby authorize the individual(s), company(ies) or institution(s) specified by me herein (“Reference Providers”) to furnish the Customer, its agents or representatives (including without limitation OutMatch), with any information it may have concerning me which is on record or otherwise. I understand that this information may be used for evaluation of suitability for my employment.
I further authorize and invite the Reference Providers and all individuals connected therewith, including the prospective employer, to provide and evaluate information regarding me and my prior employment and understand that through my invitation to Reference Providers such information will be submitted to the prospective employer for such evaluation.
1 – Right to Use OutMatch
1.1 – Applicants. Current employees of the Customer and potential employment candidates of the Customer may take and provide answers to one or more assessment tests through the Service, as requested by the Customer. You have been referred by the Customer to take a test on the Site. After completion of the test, a report will be prepared based on your responses and/or the responses of your references (the “Assessment”). The Customer is responsible for the consideration of the Assessment so produced, and is also solely responsible for any hiring or termination decision. By accessing the Site, you agree and acknowledge that OutMatch is not responsible for any hiring or termination decision made by the Customer or by any other person.
1.2 – Reference Providers. Persons submitted by one or more Applicant(s) to provide information on their behalf may take and provide answers to one or more questionnaires through the Service, and provide additional information as requested by the Customer (“Reference Information”). Your information has been supplied by the Applicant and you have been requested by the Customer to provide Reference Information regarding the Applicant through the Services. Upon completion, a report will be prepared based on your responses and the responses of the Applicant (the “Assessment”). The Customer is responsible for the consideration of the Assessment so produced, and is also solely responsible for any hiring or termination decision. By accessing the Site, you agree and acknowledge that OutMatch is not responsible for any hiring or termination decision made by the Customer or by any other person.
You agree to provide accurate and complete responses. Should it appear that such information is untrue, inaccurate, not current or incomplete, your use of the Service and/or your access to the Site may be suspended or terminated. You grant OutMatch a non-exclusive, perpetual, royalty-free license to use the responses provided by you in any manner, however, no legally protected personally identifiable information will be disclosed to any person except the Customer (or designated third parties at the request of the Customer).
You agree that OutMatch shall have no obligation to provide you with a copy of the assessment test(s) taken through the Service, a copy of your responses or the responses of your references, or a copy of any report provided to the Customer. Neither the Assessment nor the Service is intended to screen persons on the basis of any legally protected status, such as race, color, religion, sex, national origin, sexual orientation, age or disability.
Information may be provided only when approved by the Customer or OutMatch. Applicants are not authorized to take any test more than once unless the Customer has specifically requested that you do so. Title, ownership rights, and all intellectual property rights in and to the Site and the Service, including, without limitation, patents, copyrights, trademarks and trade secrets, shall remain with OutMatch and/or its licensors. The tests and questionnaires provided through the Service are proprietary to OutMatch and are protected by the copyright laws of the United States and international copyright treaties.
3 – Prohibited Uses. You may not:
3.1 – send unsolicited commercial emails to other Users;
3.2 – share your OutMatch account and password with another person (you are responsible for maintaining the confidentiality of your password for log in to the OutMatch and for all uses of your password and your OutMatch account, whether or not authorized by you);
3.3 – post content to OutMatch that you are not licensed or authorized to post;
3.4 – post content to the OutMatch that is false, misleading, discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or
3.5 – upload to the OutMatch any virus, worm, Trojan horse or other malicious code.
5 – Allocation of Responsibility. OutMatch Services may include User submitted information. OutMatch reserves the right, but assumes no obligation to screen or monitor communications between Users, to screen, monitor, modify or remove any information posted to OutMatch Services by Users, or to monitor the use, actions taken or activities of Users. OutMatch shall have no liability or responsibility to Users for performance or nonperformance of such activities and hereby disclaims all such potential liability.
6 – Caution in Exchanges of Personal Information. OutMatch assumes no obligation to conduct or require criminal background checks or collect other information from third parties with respect to any Users of OutMatch Services. OutMatch disclaims all liability for the decision of Users to make available to or share personal information with other Users. As with any exchange of personal information, Users should exercise caution.
7 – Employment Disclaimer. OutMatch is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the OutMatch in meeting the employment objectives of Users. OutMatch does not guarantee that use of the OutMatch by Users will result in Applicants being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any User.
8 – WARRANTY DISCLAIMERS. OUTMATCH IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. OUTMATCH, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. OUTMATCH MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF OUTMATCH. Without limitation on the foregoing: OUTMATCH DOES NOT WARRANT THAT OUTMATCH WILL OPERATE ERROR-FREE OR THAT THE OUTMATCH AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF OUTMATCH RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OUTMATCH IS NOT RESPONSIBLE FOR THOSE COSTS.
OutMatch makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information posted by Users on the OutMatch system, or of any other form of communication engaged in by Users. Such information may contain inaccuracies or other errors. You agree that you are providing the information or directly soliciting the information from your own References and that any reliance on such content posted by Users, or on any other form of communication with Users, will be at your own risk. OutMatch makes no representations or guarantees regarding the content of the OutMatch system, including, but not limited to, broken links, inaccuracies or errors.
DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUTMATCH, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE OUTMATCH PRODUCT. IN NO EVENT SHALL OUTMATCH (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY 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 THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, OUTMATCH AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR CERTAIN CAUSES OF ACTION, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUTMATCH’s MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $1,000.00 IN THE AGGREGATE. IN NO EVENT SHALL OUTMATCH (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE TO YOU FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF U.S. $1,000.00. Due to the nature of this Agreement, in addition to money damages, you agree that OutMatch will be entitled to equitable relief upon a breach of this agreement by you without the requirement to post bond.
9 – Texas Law and Arbitration.
9.2 – Agreement to Arbitrate and Pay Attorneys’ Fees. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Dallas County, Texas, USA in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the non-prevailing.
9.3 – Exception from Arbitration Agreement. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
10 – Security. Users are prohibited from violating or attempting to violate the security or stability of the OutMatch system or from accessing or attempting to access information not intended for such User.
12 – Links to Other Sites. OutMatch contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by OutMatch of the contents on such third-party web sites. OutMatch is not responsible for the content of linked third-party sites and does not make any representations regarding the content of such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
17 – Definitions
- “Design” means the color combinations and the page layout of OutMatch systems.
- “Employer” means an OutMatch Customer.
- “Graphics” means all logos, buttons, and other graphical elements on the OutMatch systems, with the exception of paid advertising banners.
- “Programming” means both Customer-side code and server-side code used on OutMatch systems.
- “Services” means any services provided on OutMatch technology and systems.
- “Software” means all Text, Graphics, Design and Programming used on OutMatch systems.
- “OutMatch” means www.OutMatch.com in its entirety and any other sites and applications owned or operated by OutMatch, and includes their Software, Text, Graphics, Design, Programming and Services as applicable in the context.
- “Text” means all text on every page of OutMatch systems, whether editorial, navigational, or instructional.
- “User” refers to any individual or entity who uses any aspect of OutMatch.
WAIVER of CLAIMS