Localwise Inc., ("Localwise," "we," "our," or "us") welcomes you to our Platform. Localwise exists to connect Job Seekers and Employers in a local context. We are a company based in Oakland, California.
All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity.
Localwise reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. Localwise will notify you of changes by posting on the Platform or sending you an email. Your use of the Platform after any modifications shall constitute your consent to the changes. If you do not agree, you may not access or use the Platform.
Localwise may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Localwise. Any inconsistencies among the different versions will be resolved in favor of the English version.
"Platform" means all Localwise websites, mobile or other applications, software, processes and any other services provided by or through Localwise.
"Member" means a person, including but not limited to Job Seekers and Employers, who completes Localwise's account registration process, submits a job application, posts a job through Localwise, and/or signs up for email communication from Localwise.
“Job Seekers” means a Member who is registered to apply for jobs through Localwise. Job Seeker also includes prospective employees or employees, including users who use the Platform to register for job alert emails, upload resumes, create Job Seeker Profiles, or otherwise search for or apply for jobs.
“Employers” means a Member who is registered to post jobs through Localwise. Employers also includes visitors to access the Platform on behalf of a business or company or who use the Platform for the following: (a) search for employees; (b) view resumes; (c) view Job Seeker profiles; (d) post jobs; or (e) permit prospective new employees or contractors to post jobs, view resumes, or view Job Seeker profiles. Employers includes direct employers, staffing agencies, and other companies using the Platform.
"Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, job post information, job application information, message threads, reviews, recommendations, scheduling and calendar information, and other information or materials available on or through the Platform.
"Localwise Content" means all Content Localwise makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content.
"User Content" means all Content you submit, post, upload, publish, or transmit on or through the Platform, including but not limited to photographs, profile information, job post information, job application information, descriptions, postings, reviews, and recommendations.
"Collective Content" means User Content and Localwise Content together.
Access to and use of the Platform is available only to individuals who are: (a) at least 16 years old; (b) legally allowed to work or conduct business in the United States; (c) a legal resident of the United States or one of its territories. By accessing or using the Platform, you represent and warrant that you are eligible. If you are under the age of 18 (or the age of majority as that is defined in your jurisdiction), you will only use Localwise under the supervision of a parent, legal guardian, or other responsible adult.
If you use Localwise on behalf of a company, business, organization, or other entity, then (a) "you" includes you and that entity; and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to the Terms, and that you agree to the Terms on the entity's behalf.
You may not access or use the Platform if you are a competitor of ours, or use the Platform for reasons that are in competition with Localwise or otherwise to replicate some or all of the Platform for any reason. Additionally, you may not access the Platform if we have previously banned you from the Platform or closed your account.
Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). You may register for an Account using your existing Facebook account and log-in credentials (your "Third-Party Site Password"). You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Localwise password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify Localwise immediately of any unauthorized use. Localwise is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Localwise or others due to such unauthorized use.
By creating an account or signing up for email communication, you agree to receive certain communications in connection with the Platform. For example, you may receive transactional notification emails that will inform you about job opportunities. You may unsubscribe or manage your notification frequency settings at any time by changing your notification settings.
By using the Platform outside of the United States, you consent to having your personal data transferred to and processed in the United States.
Subject to your compliance with these Terms, Localwise grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you AS IS. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Localwise or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Platform, you hereby grant to Localwise a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Platform, or for any other purpose in our sole discretion. In the interest of clarity, the license granted to Localwise shall survive termination of the Platform or your Account. Localwise does not claim ownership rights to your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Localwise the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Localwise's use of the User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that Localwise may proofread, summarize or otherwise edit and/or withdraw Content provided by you, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms. You further agree that you are the author of all Content you create and submit to the Platform and that you are the owner of such Content, subject to the license rights granted in these Terms.
Localwise reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.
As a user of the Platform, you may not:
Job Applications: As a Job Seeker, you can (a) use the Service to search for jobs; (b) apply for jobs that are listed on the Platform; (c) receive job alert emails; and (d) upload your resume or Job Seeker profile to the Resume Database. You can also submit a job application through a mobile device. Please note that once you have submitted a job application your resume, Job Seeker profile, and other applicable information will be shared with the Employer that posted the job listing. You should therefore ensure that the information you provide is complete and accurate, and only contains information you are comfortable sharing with Employers. If you submit a resume, you acknowledge that we may 'parse' the resume into another format that enables searchable text for an Employer. The Employer will also be able to see your resume in the form in which you originally submitted it to Localwise.
Resume Database: In addition to submitting job applications through the Platform, you can elect to include your resume as part of the Platform’s resume database (the, "Resume Database"). If you elect to do this, Employers who have access to the Resume Database will be able to access and view your resume and the contact information you provide on your resume. For purposes of this Agreement, references to "resume" shall also mean, a curriculum vitae, Job Seeker profile, and other similar written overviews of a person's experience and other qualifications that are uploaded to the Resume Database. You can opt-out of including your resume in the Resume Database at any time by adjusting the settings in your Job Seeker account and we will remove your resume from the Resume Database as soon as reasonably practicable. However, if an Employer has already accessed your resume or Job Seeker profile through the Resume Database and copied or saved your resume, that Employer will continue to have access to your resume, Job Seeker profile, and all information you included in your resume as it was included in the Resume Database.
Interactions with Employers: You are solely responsible for your interactions with Employers that you contact, or that contact you. Please note that there are risks, including but not limited to the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore use caution with regard to the information you elect to share as part of your Resume or Job Seeker profile or in a job application or resume that you provide through the Platform. Only list the contact information that you are comfortable disclosing to Employers and other users of the Platform. Although Localwise requests that Employers maintain the confidentiality of the job applications and resumes they receive through the Platform, Localwise cannot and does not guarantee that the information you provide to Employers through the Platform as part of a job application or via a resume, will be held in confidence or properly secured by each applicable Employer. In addition, Localwise takes no responsibility and assumes no liability for any job listing provided via the Platform. You agree that Localwise is not responsible or liable for the conduct of any Employer.
Posting Jobs: If you are an Employer, you agree that you will not use the Platform to post or promote any position that: contains inaccurate, false, or misleading information; includes any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job; involves any franchise, pyramid scheme, "club membership", distributorship, or multi-level marketing opportunity; requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples; contains content that violates applicable laws; or pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the Job Seeker would be selling, in which case such advertisements are permissible). When using the Platform, you are responsible for ensuring that your use of the Platform is in compliance with applicable law.
Remove Job Postings: You acknowledge and agree that Localwise may, with no liability or penalty, remove any job postings, content, communication or information posted, which in the sole judgment of Localwise, violates or may violate the Terms, Localwise’s job posting guidelines, applicable laws, rules or regulations; third party terms, or may adversely affect Localwise; is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party.
Authorized Users: As an Employer, you are responsible for all activity, acts or omissions of any of your personnel that have an account to use the Platform (each, an "Authorized User").
You agree to abide by the following rules:
Employer Job Postings: If you create an employer account to post a job, Localwise may distribute your job posting to third-party services or job boards, or in job alert emails (collectively, "Distributors"). However, you acknowledge and accept that we have no control over any Distributor and therefore, we provide no guarantee that your job post will be accepted by a Distributor or posted via a Distributor. You accept that a Distributor may not have an obligation to use or display your job post in their services, and may reject your job post for any reason, whether you are on a paid job posting plan or on a trial or free subscription. You agree that Localwise is not liable to you or any third party if your job post is rejected or not posted, and you will not be entitled to any refund for jobs not posted or distributed. By posting your job, you give us permission to distribute your job posting to current and future Distributors and on the Localwise website. You acknowledge and agree that Localwise cannot be responsible, and disclaims all liability, for Distributors and their actions or omissions related to your job postings, including without limitation their availability, operations, features and functionality. You are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate candidate. In certain cases, Localwise may require that you agree to additional service policies in order to allow your job post to be distributed on their services. As a condition to the distribution of your job posting to a Distributor's services, you hereby agree to such additional Distributor service policies as they apply to the distribution of your job posting through the applicable Distributor's services.
Resume or Job Seeker Profile Access: If you are accessing to Job Seeker’s resumes or profiles as an Employer, then subject to the terms and conditions of the Terms, Localwise hereby grants you a limited, revocable, non-transferable, non-exclusive right to access the resume or profile for the limited purpose of viewing and/or downloading a single copy of available paper resumes solely for use by you, subject to your payment plan. If a Job Seeker opts out of such service at any time, Localwise reserves the right to block access to, and/or remove, the Job Seeker's resume or profile.
You agree to comply with the following rules regarding access to resumes and/or Job Seeker profiles:
In connection with use of Localwise's Platform, Localwise charges certain Fees ("Localwise Fees" or "Fees"). Current Fees relate to Employers posting one or many job opportunities. Fees for additional products or services will be shown in policies or terms provided to you before you use such products or services. Localwise may also charge penalty Fees for fraud, misconduct or other violations of these Terms, as determined in our sole discretion.
You are responsible for all charges incurred under your account, whether made by you or another person using your account. You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Charges shall be made to your credit card, PayPal or other payment method designated at the time you make a purchase. If you do not pay on time or if Localwise cannot charge a credit card, PayPal or other payment method for any reason, Localwise reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. Such communication may be made by Localwise or by anyone on its behalf, including but not limited to a third party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Localwise may charge such unpaid Fees to your credit card or otherwise bill you for such unpaid Fees. You understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisers, and that we cannot and do not offer specific tax advice. All sales on Localwise are final and non-refundable. Localwise is not responsible for any costs or expenses in connection with any interactions between Members.
Localwise and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Localwise Content is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Localwise and its licensors exclusively own all right, title, and interest in and to the Platform and Localwise Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Localwise used herein are trademarks or registered trademarks of Localwise. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Localwise Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Platform and the Localwise Content are retained by us.
You acknowledge and agree that all feedback, comments, questions and suggestions ("Feedback") you provide to Localwise are the sole and exclusive property of Localwise. You hereby irrevocably assign to Localwise and agree to irrevocably assign to Localwise all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have. At our request and expense, you will undertake any tasks we may reasonably request to assist us in acquiring, perfecting and maintaining intellectual property rights and other legal protections for the Feedback. Localwise shall have no obligation concerning the Feedback, including but not limited to no obligation to return any materials or acknowledge receipt of any Feedback. By sending or otherwise transmitting Feedback to Localwise, you represent and warrant that you have the right to disclose the Feedback and the Feedback does not violate the rights of any other person or entity. This Feedback section shall survive any termination of your Account or the Platform.
Localwise does not endorse any Job Seeker or Employer, and Localwise is not a party to any agreements between or among users, Members or third parties. No agency, partnership, joint venture, or employment with Localwise is created as a result of the Terms or any user's or Member's use of any part of the Platform. Members are required by these Terms to provide accurate information, and although Localwise may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any user or their purported identity or background. For the avoidance of doubt, Localwise does not employ Job Seekers, and the decision to hire a job seeker is entirely up to Employers. Localwise expressly disclaims any responsibility for any interactions between Job Seekers and Employers. Localwise disclaims any responsibility for any employment opportunities, employment services, information or content regarding Job Seekers, Employers, employment opportunities, or any other products or services acquired or made available through Localwise. You agree that you must evaluate and bear all risks associated with the use of Localwise.
Any reference on the Platform to a user being licensed or credentialed in some manner designations indicates only that the user has completed a relevant account process or met user review standards, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Localwise and is not verification of their identity and the trustworthiness, safety, or suitability of any Member. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other user. Localwise is not responsible for any damage or harm resulting from your interactions with other users.
The Collective Content may contain links to third-party websites, offers, or other events/activities not owned or controlled by Localwise. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.
By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Localwise with respect to such actions or omissions.
Localwise cares about the integrity and security of your personal information. We cannot, however, guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You acknowledge and agree that Localwise may use third party vendors and/or partners to provide services (or any portion of services) to you and share personal information with such third parties as necessary in order to provide the services to you and your employees.
The Platform may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. The Platform may also incorporate features and services provided by third parties, such as payment processing. Use of such third party links, features, and services, and any other material or content on and made available through the Platform is entirely at your own risk. Localwise does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s website is at your own risk, and subject to the terms and conditions of such other websites, including the terms and conditions of Localwise’s third party payment processors. Localwise does not endorse any product, service, or treatment provided on a third party website or advertised or provided on the Platform.
You expressly relieve Localwise from any and all liability arising from your use of any Third Party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Platform, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Localwise shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Without limiting any other rights reserved herein, Localwise may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and Localwise, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds or paid Fees, assessing monetary penalties, terminating your Account, decreasing your status or search rank, canceling job postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution. For the avoidance of doubt, Localwise reserves the right to remove any User Content for any reason.
We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your Localwise Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Localwise support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, and why it has been terminated; and (c) you will not be entitled to any compensation for any services cancelled or delayed or as a result of Account termination. You may cancel your use of the Platform and/or terminate your Account at any time. Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews or recommendations.
Initial Dispute Resolution: Most disputes can be resolved without resorting to litigation. You can reach Localwise’s support department at firstname.lastname@example.org. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement (a “Claim”) directly through consultation with the Localwise support department, and good faith negotiations shall be a condition to either party initiating an arbitration.
Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve Claims. A Claim will be settled by individual (not class or class-wide) binding arbitration administered by the American Arbitration Association (AAA) in accordance with the then current Commercial Financial Disputes Arbitration Rules, including any expedited procedures. A demand that a Claim be submitted to arbitration may be made before the initiation of any legal proceeding or within ninety (90) days following the service of a complaint, third-party complaint, cross-claim or counterclaim and if a party in a pending legal proceeding demands a Claim to be submitted to arbitration, the party initiating the action will immediately dismiss the legal proceeding and file the claim in arbitration. Arbitration hearings will be held in Alameda County, California, or the Northern District of California. A single arbitrator will be appointed by the AAA and shall be a practicing attorney or retired judge having experience with and knowledge of online commerce law. The arbitrator will follow the law and will give effect to any applicable statutes of limitation. The prevailing party shall be entitled to an award. The parties agree and acknowledge that this agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act (Title 9 of the United States Code) shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this Agreement.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Localwise account, in any way (by operation of law or otherwise) without Localwise’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
YOUR USE OF THE PLATFORM OR COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT LOCALWISE DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) CONDUCT IDENTITY VERIFICATION, BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING BUT NOT LIMITED TO JOB SEEKERS AND EMPLOYERS. THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LOCALWISE AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. LOCALWISE MAKES NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LOCALWISE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. LOCALWISE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LOCALWISE OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY JOB SEEKERS OR EMPLOYERS. YOU UNDERSTAND THAT LOCALWISE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VET ANY JOB POSTS, EMPLOYER PROFILES, OR JOB SEEKER PROFILES. LOCALWISE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. LOCALWISE MAKES NO CLAIMS OR PROMISES REGARDING THE TRUTHFULNESS AND ACCURACY OF ANY DOCUMENTS OR ANY OTHER FORM OF COMMUNICATION POSTED BY THE MEMBERS OR THIRD PARTIES ON THE PLATFORM. YOU AGREE THAT ANY RELIANCE ON DOCUMENTS POSTED BY USERS AND THIRD PARTIES ON THE PLATFORM WILL BE AT YOUR OWN RISK. LOCALWISE MAKES NO CLAIMS OR PROMISES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINES OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. LOCALWISE DOES NOT GUARANTEE THAT USING ITS SERVICES WILL RESULT IN HIRING, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED. LOCALWISE IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS MADE BY MEMBERS AND THIRD PARTIES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. LOCALWISE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF LOCALWISE OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER LOCALWISE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LOCALWISE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT; OR (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF LOCALWISE AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO LOCALWISE IN THE LAST TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY OF THESE TERMS, OR IF YOU FEEL LOCALWISE HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.
You agree to release, defend, indemnify, and hold Localwise and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with: (a) your access to or use of the Platform or your violation of these Terms; (b) your User Content or the Collective Content; (c) your interaction with any Member or user; and (d) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with your access to or use of the Platform.
If you are a California resident, you waive California Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
If you are not a California resident, you waive your rights under any statute similar to Section 1542 that governs your rights in the jurisdiction of your residence.
Localwise does not permit copyright infringing activities and infringement of any other intellectual property rights on the Platform, and will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Localwise reserves the right to remove Content without prior notice.
If you are a copyright owner or an agent thereof and believe in good faith that any materials on the Platform infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by sending the following information in writing to Localwise’s designated copyright agent at email@example.com: (a) your name and electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) a description of the copyrighted work that you claim has been infringed. If this notice covers multiple copyrighted works, you may provide a representative list of the copyrighted works that you claim have been infringed; (c) a description of the material that you claim is infringing (or to be the subject of infringing activity) and information reasonably sufficient to permit us to locate the material; (d) information sufficient to contact you, including your mailing address, telephone number, and email address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information provided in the notice is accurate, and under penalty of perjury, that you are the owner, or agent thereof, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and (g) your full legal name and your electronic or physical signature.
If you believe that your content that has been removed from the Platform does not infringe or that you have the authorization from the copyright owner, you may send a counter-notice to Localwise. To do so, send the following information to our copyright agent using the contact information set forth above: (a) a description of the material that has been removed and the location at which the content appeared before it was removed; (b) a statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; (c) information sufficient to contact you, including your mailing address, telephone number, and email address; (d) a statement that you will consent to the jurisdiction of the federal court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Localwise may be found; (e) a statement that you will accept service of process from the person who provided the notification of the alleged infringement; and (f) your full legal name and your electronic or physical signature.
If a counter-notice is received by Localwise’s copyright agent, Localwise may send a copy of the counter-notice to the original complaining party informing such person that Localwise may reinstate the removed content within 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be reinstated on the Platform within 10 to 14 business days after receipt of the counter-notice.
Force Majeure: Other than payment obligations, neither Localwise nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
Contacting You and E-SIGN Consent: You agree that Localwise may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. With your consent, Localwise or Members may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from Localwise or Members, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to firstname.lastname@example.org with "Revoke Electronic Consent" in the subject line.
Waiver: No waiver of any provision of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Localwise's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform offered therein must commence within one (1) year after the cause of action accrued. Otherwise, such cause of action is permanently barred.
Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
Contact Information: We welcome your questions or comments about our Terms or the Platform. Please contact us by sending an email to email@example.com.