Terms and Conditions of Use
1. TEENS WORK RULES
PREAMBLE
Please read the information below carefully. It contains the terms and conditions ("these Terms") governing your access to and use of the TeensWork App and the TeensWork Services (as each are defined below) provided by T-Work LLC ("TeensWork"). If you do not accept these Terms or you do not meet or comply with their provisions, you may not use the TeensWork App or the TeensWork Services. These Terms (as they may be amended from time to time by TeensWork (subject to the provisions of Section R) form a binding agreement between you and TeensWork. Your access to and usage of the TeensWork App or the TeensWork Services indicates your acceptance of these Terms. You are agreeing to use the TeensWork App at your own risk.
A. DEFINITIONS
The following definitions apply to these Terms:
(i) "Demographic Information" means information about the TeensWork App’s Users specified by them, such as race and ethnicity, gender, age, LGBTQ+ community membership, and disability status;
(ii) "Disputes" means disputes, claims, suits, actions, causes of action, demands or proceedings arising out of or related to a violation of Section B or disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents or other disputes;
(iii) "DMCA" means the Digital Millennium Copyright Act;
(iv) "Employer" means a person or entity that is accessing the TeensWork App to post a job opportunity or utilizing the TeensWork Services for any reason related to the purpose of seeking Job Seekers for recruitment;
(v) "External Sites" means other sites on the internet, which are owned and operated by third parties;
(vi) "FAA" means the Federal Arbitration Act, 9 U.S.C. § 1 et seq.;
(vii) "Feedback" means opinions about TeensWork or the TeensWork App, such as identifying potential errors, improvements, modifications, bug fixes, or enhancements;
(viii) "JAAMS" means the rules of the Judicial Arbitration and Mediation Services;
(ix) "Job Ads" means posts advertising employment opportunities and other job-related content through the TeensWork App’s search results;
(x) "Job Seeker" means a User who is accessing the TeensWork App to search for a job opportunity;
(xi) "License" means, except as otherwise provided, subject to your compliance with all of the terms and conditions of these Terms, and in consideration of Users' promises reflected herein, a revocable, personal, non-exclusive, non-assignable and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access and use the TeensWork App, (ii) cause the Materials to be displayed from a computer and/or mobile device and (iii) use the Materials, solely as permitted under these Terms;
(xii) "Materials" means all content, materials, information, functionality and other materials displayed, performed, contained or available on or through the TeensWork App, including, without limitation, the TeensWork logo, and all designs, text, graphics, pictures, information, data, sound files, images, illustrations, software, other files, and the selection and arrangement thereof;
(xiii) "Paid Services" means certain services available for a fee in connection with the TeensWork App;
(xiv) "Subscription Services" means certain of the Paid Services provided by TeensWork, which may be offered on a subscription basis with auto-renewing payments;
(xv) "TeensWork" means T-Work LLC, a business incorporated with Washington State Secretary of State. The Unified Business Identifier (UBI) is No. 604 740 652. The business address is 29 006 Ne 155th St, Duvall, WA 98 019−8024, USA. The business type is WA LIMITED LIABILITY COMPANY[f1] ;
(xvi) "TeensWork Account" means the profile information indicated by the User (either and Employer, a Job Seeker or other) in the "Profile" section of the TeensWork App;
(xvii) "TeensWork App" means our downloadable application available in device application marketplaces;
NB: these Terms apply to your use of any TeensWork app. The legal entity responsible for the TeensWork App is the one specified in these Terms, even if the entity identified as the developer on an application marketplace is different. If you allow the TeensWork App to use your device’s location service, the TeensWork App may collect information based on your device’s geographic location. In addition to your agreement with the foregoing Terms, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of the TeensWork App compatible with the iOS operating system of Apple Inc. ("Apple"). Apple is not a party to these Terms and does not own and is not responsible for the TeensWork App. Apple is not providing any warranty for the TeensWork App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the TeensWork App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the TeensWork App, including any third-party product liability claims, claims that the TeensWork App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the TeensWork App, including those pertaining to intellectual property rights, must be directed to TeensWork in accordance with Section O section below. The License (see Section N) you have been granted herein is limited to a non-transferable license to use the TeensWork App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the TeensWork App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof; notwithstanding the foregoing, TeensWork’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
(xviii) "TeensWork Resume" means an uploaded file resume on the TeensWork App;
(xix) "TeensWork Services" means any services provided by TeensWork described herein in association with the functionality of the TeensWork App or otherwise;
(xx) "Third Party Providers" means subcontractors and consultants, using which TeensWork may render the TeensWork Services;
(xxi) "User" refers to any individual or entity that uses any aspect of the TeensWork App;
(xxii) "User Content" means any data that a User or other party submits, posts, publishes, displays, or makes available on or through the TeensWork App, or otherwise provides to TeensWork;
(xxiii) "User Submission" means creative suggestions, ideas, drawings, concepts, inventions, or other information sent to TeensWork from Users as part of Feedback;
(xxiv) "You" means the person who (or entity on behalf of whom you are acting) is agreeing to these Terms;
(xxv) "Terms" means the present TeensWork Terms of Service and all amendments, appendices and updates to them.
B. GENERAL RULES OF THE TEENSWORK APP
1. When using the TeensWork App and services, you agree to the rules specified below and any other rules or policies posted on the TeensWork App.
2. You are prohibited to directly or indirectly:
(i) access the TeensWork App other than through the web or app interface publicly provided by TeensWork, or otherwise access systems without express authorization;
(ii) provide any false, fake, or fictitious information;
(iii) provide any code or data with the intent or effect of damaging, disrupting, disabling, harming, impairing, interfering with, intercepting, expropriating or otherwise impeding, the TeensWork App or any data, program, system, equipment or communication, or that would cause a violation of any applicable law;
(iv) access any data, especially personal data, without permission;
(v) bypass any limitations or suspensions of functionality;
(vi) interfere with others' use of the TeensWork App;
(vii) modify, adapt, translate, reformat, resell, frame, or reverse engineer any portion of the TeensWork App;
(viii) remove any copyright, trademark or other proprietary rights notices;
(ix) crawl, scrape, data mine, extract data from, reproduce, duplicate, copy, sell, exploit, trade or resell any part of the TeensWork App;
(x) use any automated system or software, whether operated by a third party or otherwise, to violate any of these Terms;
(xi) delete or revise any material posted by any other person or entity;
(xii) respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job opportunity or to initiate further discussion with the Job Seeker).
3. You are prohibited from using the TeensWork App to:
(i) harm anyone or violate the rights of anyone, including the right of publicity, right of privacy, or intellectual property rights;
(ii) provide false information;
(iii) transmit or store biometric information or biometric identifiers;
(iv) promote or encourage illegal activity;
(v) promote pyramid schemes, multi-level marketing (MLM) programs, jobs that require payment to start, or any topics we consider detrimental to our Users;
(vi) send unsolicited commercial messages, or any other unlawful communications;
NB: in particular, you may use the TeensWork App only for seeking Job Seekers and you are specifically prohibited from using information derived from getting access to the TeensWork App to (i) sell or promote any products or services, (ii) send emails that, in TeensWork’s sole judgment, are excessive in frequency or contain job postings that are irrelevant to the work history of particular classes of Job Seekers or (iii) take any other action that is, in TeensWork’s sole judgment, inconsistent with these Terms, misleading or incomplete, or in violation of any Federal, State, Local law, statute, code, rule, or regulation.
(vii) imitate or impersonate another person, or create false accounts;
(viii) send messages to Users who have asked not to be contacted;
(ix) sell personal data;
(x) post any information to the TeensWork App that contains: (a) URLs or links to web sites other than to recruitment related pages on your web sites/other social media; (b) copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material; © trade secrets (unless you own them or have the owner’s permission to post them); (d) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (e) irrelevant keywords or white text keywords (including any words embedded in the document and hidden from User;
(xi) post any information to the TeensWork App that impersonates another person, living or dead;
(xii) post false, inaccurate or misleading information, opinions or notices.
4. TeensWork is under no obligation to monitor Job Ads posted on the TeensWork App, but it may monitor Job Ads at random: Job Ads found to violate these Terms may be removed at TeensWork’s sole discretion.
5. Users are prohibited from violating or attempting to violate the security of the TeensWork App, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the TeensWork App, overloading, "flooding", "mail bombing" or "crashing"; (iv) sending unsolicited email, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violation of rules specified above in this Section B may result in civil or criminal liability. TeensWork will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
6. In order to prevent spam, fraud, or other anomalous or unauthorized activity, we may temporary or permanently suspend or terminate User’s TeensWork Accounts or the use of portions of the TeensWork App, with or without notice and with no further obligation or liability to you or anyone else. We reserve the right at all times to terminate User’s TeensWork Accounts, and to reclaim usernames or URLs, without notice or further obligation. We reserve the right to monitor all activity on the TeensWork App and to not pass on or deliver any message or communication that may be malicious, spam, fraudulent, or unwanted, or for any other reason. This includes attachments of any type, scripts, macros, or any other form of code. You agree the determination of what constitutes spam is in TeensWork’s sole discretion. TeensWork may use data collected through the TeensWork App to make such a determination. TeensWork reserves the right to interact with Users through the TeensWork App, including to investigate whether Users are violating these Terms. TeensWork reserves the right to turn over any information gathered via such investigations to law enforcement or other third party.
C. TEENSWORK’S COLLECTION OF INFORMATION
1. TeensWork collects, records, processes, analyzes, and stores any and all activities you take on the TeensWork App, and any and all interactions and communications you have with, on, or through the TeensWork App. This includes: which areas of the TeensWork App you visit (including URLs), which content you view, which info you input, whether and where you click, scroll, hover-over, mouseover, or otherwise interact with or communicate with or through the TeensWork App, the timing of each activity, and time spent on each activity. TeensWork collects this data from everyone using the TeensWork App, including users of private browsing mode, "incognito mode", or similar modes. TeensWork uses vendors as an extension of the TeensWork App to collect, record, process, analyze, and store this data. You authorize TeensWork to make any connections with wires, lines, cables, or instruments, including with communication systems, that it may decide to make from time to time in connection with operating the TeensWork App. You acknowledge that the foregoing is necessary to the operation of the TeensWork App.
2. TeensWork may offer suggestions, recommendations, or information to Users that may support or improve their experience on the TeensWork App. These offerings are provided as a courtesy and without warranty, and are based on information provided by other Users, and your use of such information is at your own risk. TeensWork assumes no responsibility and disclaims all liability for any decisions you make, or actions you take, using information obtained through the TeensWork App.
3. As TeensWork tests improvements and updates to the TeensWork App and the TeensWork Services, it may affect various aspects of the TeensWork App, including the ad delivery system, ad placement, profiles, resumes, etc. You agree that TeensWork may conduct such tests without notice to you.
D. REGISTERING THE TEENSWORK ACCOUNT
1. By accepting these Terms, you agree to provide information that is true, accurate, current, and complete upon registering, provision and verifying and email address for the purpose of registration of your account at TeensWork (the "TeensWork Account"). You may not create multiple accounts, or create accounts by automated means.
2. By accepting these Terms, you understand that (i) absence of two-factor authentication (2FA) on your TeensWork Account may be subject to risks, which is why we encourage you to enable it, (ii) you are responsible for the confidentiality and use of your username and password, which may not be shared, (iii) your TeensWork Account is accessible by anyone with your username and password and who can answer your verification questions, (iv) if someone obtains unauthorized access to your TeensWork Account, they could contact Users or take other actions through your TeensWork Account, and TeensWork’s ability to respond is limited.
3. Upon your successful registration for a TeensWork Account, you will be provided with a unique password that will permit you to access the TeensWork Account. You may not provide your password or otherwise permit access to your TeensWork Account to any third party. You are responsible for maintaining the confidentiality of your information and password. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer (s).
E. USER CONTENT
1. Some parts of the TeensWork App allow Users to post content or data such as Job Ads, TeensWork Resumes, information, text, images, audio, video, messages, and other materials. This functionality helps Users find information about potential jobs, Employers, and Job Seekers. Any data that a User or other party submits, posts, publishes, displays, or makes available on or through the TeensWork App, or otherwise provides to TeensWork, is called "User Content." User Content includes Job Ads, TeensWork Resumes, and messages sent through TeensWork.
2. TeensWork is not responsible for User Content, which may be inaccurate, incomplete, misleading, or deceptive. TeensWork does not know whether User Content is true. Any opinion, fact, advice, information, or statement in User Content is the sole responsibility of its original author, who may use anonymous identifiers. You may come into contact with content that you find harmful, offensive, threatening, indecent, or objectionable. User Content may not be reliable or suitable for use in a legal proceeding. You acknowledge that TeensWork has no obligation or liability with regard to publishing, monitoring, or removing User Content.
3. If you provide User Content, it must comply with these Terms. Your User Content must not be unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, irrelevant, or unconstructive. Your User Content must not contain sexual, ethnic, or racial or other discriminating slurs. Your User Content must not contain proprietary information, trade secrets, intellectual property of another person, or confidential information. Your User Content must not contain spam, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or any other commercial communication. Your User Content must not be harmful to anyone, especially minors.
4. You may not post official identification information, such as a social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information on the internet may lead to identity theft for which TeensWork cannot be responsible.
5. TeensWork reserves the right to disclose all User Content, and any other relevant information and circumstances, to any third party in connection with operating the TeensWork App; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that TeensWork may honor subpoenas, search warrants, law enforcement or court-mandated requests to disclose User Content you have provided. Your identity may be discoverable via such legal requests, even if you post confidentially or anonymously.
6. TeensWork is an interactive computer service, has no obligation to host or remove any particular User Content, and may exclude or remove any User Content from any part of the TeensWork App or the TeensWork Services for any or no reason. TeensWork has no obligation to include any User Content in any part of the TeensWork App. Whether any User Content violates any TeensWork policy, whether to publish or to withdraw from publication any User Content, and whether to exclude any material that any party seeks to post on TeensWork, will always remain within the sole discretion of TeensWork. You agree that TeensWork has no liability or obligation to you or anyone else arising from its editorial decisions.
F. CONSENT TO RECEIVE PROMO MATERIALS
1. By providing TeensWork with a phone number and an email address upon registering the TeensWork Account, by accepting these Terms and ticking respective section upon accepting these Terms, you confirm that you are the primary user and subscriber to the telephone number entered as well as the specified email address, and you expressly agree to receiving calls and texts at that number, including if it is a mobile number, as well as emails at the specified email address.
2. You may revoke your consent to receive text messages and emails by terminating these Terms through closing your TeensWork account or by following the "Unsubscribe" link in the emails sent by TeensWork to you. TeensWork cannot be responsible for third parties to whom you have provided your phone number.
G. PAYMENT FOR THE TEENSWORK SERVICES
I. Advertising
Advertising you purchase may be measured by clicks, RSVPs, applies, impressions, or a subscription or platform fee. Charges are solely based on TeensWork’s measurements (such as click count). TeensWork’s measurements (such as click count) shall be binding. TeensWork’s measurements may be derived from data from third-party vendors, such as publishers.
II. Subscriptions
1. From time to time, TeensWork may make certain services available for a fee in connection with the TeensWork App ("Paid Services"). The following terms of sale apply solely to your purchase of Paid Services from TeensWork.
2. Certain of the Paid Services provided by TeensWork may be offered on a subscription basis with auto-renewing payments ("Subscription Services"). The billing period for each type of Subscription Service will be as specified via the TeensWork App at the time of registration. When you register for any Subscription Service, you expressly acknowledge and agree that (i) TeensWork (or its designated third-party payment processor) is authorized to charge you on a recurring basis for the Subscription Service (in addition to any applicable taxes and other charges) at the then-current rates for as long as the Subscription Service continues, and (ii) the Subscription Service will continue until you cancel it or we suspend or stop providing access to the TeensWork App in accordance with these Terms.
3. Details regarding the Subscription Services are available on the TeensWork App at the time of purchase. If you purchase a Subscription Service, you acknowledge and agree that your subscription will automatically renew and TeensWork will charge you on a recurring basis until you cancel your Subscription Service and such cancellation goes into effect, which may not be until the next billing cycle. Pausing your subscription does not cancel it. Your subscription will continue to automatically renew after being unpaused. There are no refunds or credits for partially used billing cycles under the applicable subscription plan.
4. To cancel any Subscription Service, you must contact us through through the "Contact" section of the TeensWork App and follow the instructions in the email we send you in response to your cancellation request or otherwise via a respective application marketplace. You must cancel a Subscription Service before the start of the next billing period in order to avoid charges for the next billing period’s fees. Following any cancellation, you will continue to have access to the Subscription Services (subject to these Terms) through the end of your current billing period.
III. Billing Policies
Invoices may be provided to you via email, unless otherwise specified by TeensWork. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any TeensWork Services, TeensWork reserves the right to suspend or terminate your use of the TeensWork Services as well as any other TeensWork product, including but not limited to those TeensWork products where you do not have an unpaid invoice or account balance. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Any credit card and related billing and payment information that you provide to TeensWork may be shared by TeensWork with companies who work on TeensWork’s behalf, such as payment processors and/or credit agencies, for the purposes of checking credit, effecting payment to TeensWork, and servicing your TeensWork Account. TeensWork may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. TeensWork may obtain updated payment information for credit and debit cards through payment card networks, card issuers or other third party sources. TeensWork may use the updated card information to charge amounts you owe. TeensWork shall not be liable for any use or disclosure of such information by such third parties. If your TeensWork Account has a credit card on file for one TeensWork Service, we will charge that same credit card for other purchases unless otherwise indicated by you.
IV. Currency
You may be able to pay all charges in the currencies chosen by you upon registering the TeensWork Account based on your location.
V. Taxes
Charges are exclusive of all taxes and VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (i) all taxes and government charges, and (ii) reasonable expenses and attorney fees TeensWork incurs collecting late amounts. All withholding tax remittances to the government are your sole responsibility and TeensWork shall have no liability whatsoever therefor.
VI. Refunds
Except as provided in Section G (VII) (the one below), or as otherwise expressly agreed upon by TeensWork, all sales of Paid Services (including any Subscription Services) are final and there are no refunds. There are no refunds or credits for partially used Subscription Services periods.
VII. Errors
In the event of an error in connection with the pricing or charging of Paid Services, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the purchase and refund any amount charged. Your sole remedy in the event of a billing error is to obtain a refund for the excess amount charged. To be eligible for such refund, you must provide notice of any such error within one hundred and twenty (120) days of the date of the billing statement in which such error first appeared.
VIII. Price Changes
TeensWork reserves the right to modify the fees for any Paid Services, including any Subscription Services, from time to time in its sole discretion. For Subscription Services, price changes will apply to the next billing period.
IX. Payment Method
You may only pay fees using valid payment methods acceptable to us, as specified via the TeensWork App. You represent and warrant that you are authorized to use the payment method you designate via the TeensWork App. You authorize us to charge your designated payment method for the total amount of your purchase, including any applicable taxes and other charges. You authorize us to use a third-party service to update your designated payment information if it is cancelled or expires. If the payment method cannot be verified, is invalid or is otherwise not acceptable to us, your order may be suspended or cancelled.
H. USE OF THE TEENSWORK APP BY MINORS
1. The TeensWork App is not for use by anyone under the age of fourteen (14). However, if local laws provide for an alternative minimum age for TeensWork to lawfully provide the services in the TeensWork App to you, then that shall apply as the applicable minimum age. If you are under the age of majority in your jurisdiction, you must use TeensWork under the supervision of your parent, legal guardian or responsible adult. TeensWork adopts a range of measures to try to ensure that we do not accept individuals who do not meet the minimum age and any other applicable age requirements.
2. Neither the TeensWork App nor the TeensWork Services in general are targeted towards, nor intended for use by, anyone under the age of fourteen (14). If you are between the ages of thirteen (14) and eighteen (18), you may use the TeensWork App only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and any applicable additional terms. You further represent and warrant that you: (i) have not previously been suspended or removed from using the TeensWork App; (ii) are legally permitted to, and do, live in the United States or one of its territories, and (iii) may enter into this agreement without violating any other agreement to which you are a party. If you are registering to use the TeensWork App on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to act on its behalf.
I. ACCESSING EXTERNAL SITES
1. The TeensWork App may link to other sites on the internet which are owned and operated by third parties ("External Sites"). Links to External Sites may be found in User Content available through TeensWork. TeensWork is not responsible or liable for any External Site, including availability or content. Links to External Sites may be removed at any time. Any concerns regarding an External Site should be directed to the responsible third party.
2. TeensWork has no control over what happens on External Sites. If you visit an External Site and complete a transaction outside TeensWork, you are entering into an agreement with a third party, alone and at your own risk. You are giving the third party your data directly, and your rights and their obligations are determined by its privacy policies and terms of service. TeensWork disclaims all liability from anything that may occur when you utilize or transact with such third parties. We are additionally not responsible for any payment that may be asked of you by such third party.
3. You acknowledge and agree that TeensWork may provide the TeensWork Services using third party providers, including subcontractors and consultants (the "Third Party Providers"). You agree that, as between TeensWork and its Third Party Providers, TeensWork will have sole responsibility for handling all billing and contract negotiations.
J. APPLICATION OF THESE TERMS TO JOB SEEKERS
I. Job Ads
1. For purposes of this Section J of these Terms, all references to "you" or "your" shall mean you, the individual, accessing the TeensWork App in your capacity as a Job Seeker. As a Job Seeker, you are permitted to use the TeensWork App and its content solely for non-commercial purposes.
2. TeensWork may make available job ads advertising employment opportunities and other job-related content ("Job Ads") through the TeensWork App’s search results.
3. Searching for Job Ads on the TeensWork App is free for Job Seekers. TeensWork displays Job Ads based on a compensation paid by Employers to TeensWork and relevance, such as search terms, and other information provided and activities conducted on the TeensWork App. While TeensWork may in some circumstances be compensated by Employers who post Job Ads (see Section G), helping keep TeensWork job search free for Job Seekers, all Job Ads are considered advertising.
4. Job Ads are created and provided by third parties over whom TeensWork exercises no control; you acknowledge and understand that TeensWork has no control over the content of Job Ads, links to or from Job Ads, or any conditions third parties might impose once a Job Seeker has submitted an application or left the TeensWork App. TeensWork has no obligation to screen any Job Ads, or to include any Job Ads, in its search results or other listings, and may exclude or remove any Job Ads from the TeensWork App or your search result without any obligation to provide reasoning for removal or exclusion. You understand and agree that TeensWork has no obligation to present you with any or all Job Ads. We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Employer, including the identity of such Employer. TeensWork assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Ads, or other information submitted by any Employer.
5. TeensWork has no control nor participates in the hiring or decision-making process regarding Employer hiring efforts. Further, you understand that TeensWork is not an employment agency by offering its services. By using the TeensWork Services, you understand that TeensWork is not procuring employees for Employer or opportunities for Job Seekers. TeensWork merely provides its services as a tool that enables Employers and Job Seekers to exchange information as they determine.
6. TeensWork is not liable for any claims arising out of your use of virtual and remote communications with Employers, including phone interviews, virtual meetings, etc., and you release TeensWork from any such claims. You further agree that TeensWork is not liable for any claims arising out of the recording of other ways of virtual and remote communications of you and Employers, and you release TeensWork from any such claims.
II. The TeensWork Resume
1. By uploading a file resume on the TeensWork App (the "TeensWork Resume"), you are requesting and authorizing TeensWork to make available your TeensWork Resume to anyone accessing the TeensWork App, such as Employers that TeensWork believes may have an interest in your TeensWork Resume or anyone with access to the URL associated with your TeensWork Resume.
2. TeensWork Resumes can be copied by search engines and other third parties accessing the TeensWork App, who can then make those TeensWork Resumes publicly available elsewhere. TeensWork does not control such third parties. Changes to your TeensWork Resume on the TeensWork App may or may not be reflected on copies made by third parties. TeensWork assumes no responsibility and disclaims all liability for your TeensWork Resume or application information that you share with Employers or otherwise make public.
3. By creating or uploading your TeensWork Resume, you are requesting and authorizing TeensWork to review or scan your TeensWork Resume and provide you feedback (in TeensWork’s discretion), including suggested changes. TeensWork assumes no responsibility and disclaims all liability for any actions you take based on any provided feedback.
4. By uploading a file resume on the TeensWork App, TeensWork may share with you Job Ads that match the contents of your TeensWork Resume. TeensWork may also highlight to you items in your TeensWork Resume that may match qualifications from the Job Ad, or highlight to you items that appear in the Job Ad and may be missing from your TeensWork Resume. These highlights do not mean you are or are not qualified for the job or that you should or should not apply for it. Applying for such Job Ads does not guarantee job interviews or hiring. Even where TeensWork highlights items or a Job Ad is shared with you, TeensWork assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Ads or highlights. By uploading a file resume on the TeensWork App, you agree that TeensWork may convert your file resume to a different file type. It is your responsibility to review your TeensWork Resume to ensure that the content appears as you intend, and that it contains the right information or any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact TeensWork to do so. It may take a few days for updates to your TeensWork Account or your TeensWork Resume to be reflected. TeensWork assumes no responsibility and disclaims all liability for your TeensWork Resume or other application information you post, send or receive through the TeensWork App.
5. If you have a TeensWork Account, an uploaded file resume, you agree that TeensWork may associate your TeensWork Resume data with your TeensWork Account. Your TeensWork Account consists of information you provide on the TeensWork App in the "Profile" section. Information in your TeensWork Account, except as otherwise indicated on the TeensWork App, may be available to third parties, such as Employers.
III. Information about Job Seekers
1. TeensWork stores the titles of jobs you search for and click on, where those jobs are located, the general salary range or experience level of the jobs you view, the Job Ads you apply to, your amount of activity or time of most recent activity on the TeensWork App, information you provide directly to TeensWork including desired salary, or past experience, or any information in your TeensWork Account, or any of your other behavior on the TeensWork App or information provided.
2. If you have a TeensWork Account or a TeensWork Resume, you agree that TeensWork may associate this data with your TeensWork Account and use this observed factual data to suggest jobs to you and to suggest you or your TeensWork Resume to Employers that might be interested in a person who matches your behavior on TeensWork.
3. You may have the opportunity to provide TeensWork with certain demographic information about yourself, such as your race and ethnicity, gender, age, LGBTQ+ community membership, and disability status ("Demographic Information"). By choosing to provide your Demographic Information, you agree that TeensWork may use it to evaluate and improve our products, and share aggregate summaries of Job Seeker information with Employers. If you do not want your Demographic Information to be used in this way, do not provide it to TeensWork (or, if you have already provided your Demographic Information to TeensWork, you can request it be removed). You further acknowledge and agree that another Job Seeker’s Demographic Information is personal information, and to the extent permitted by law you waive any right to request or view Demographic Information pertaining to any other Job Seeker.
IV. Job Applications
1. To maintain the quality of the TeensWork App and the TeensWork Services, TeensWork in its sole discretion may impose limits on your ability to apply to Job Ads or to other TeensWork Services.
2. You acknowledge that prior to submitting an application through the TeensWork App, you are responsible for reviewing and confirming that you are applying to your desired Employer. Once you provide information to an Employer (whether in the form of a job application, resume, email, interview material or otherwise), TeensWork does not have control over the Employer’s use or disclosure of that information.
3. When you apply to a job through TeensWork, you agree that you may be required to verify your email address, and that failure to verify may lead to your application being rejected.
4. By using the TeensWork App, you agree that TeensWork is not responsible for the content of the Employer’s job application, messages, screener questions, skills assessments or their format or method of delivery, and that TeensWork does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that TeensWork does not choose the questions asked by Employers or decide the job qualification criteria of Employers. Employers are solely responsible for compliance with all applicable laws.
K. APPLICATION OF THESE TERMS TO EMPLOYERS
I. Job Match
1. Job matches are recommendations, which may be presented to both you as an Employer and to Job Seekers in various formats on the TeensWork App. For example, TeensWork may recommend TeensWork Resumes, which match Job Ads you have posted, or recommend Job Ads to Job Seekers, which are similar to jobs to which they have recently applied.
2. To generate matches, TeensWork uses data collected through the TeensWork App from both Employers and Job Seekers. This includes Job Ads, TeensWork Resumes and user activity on the TeensWork App (such as searches run and Job Ads clicked on and applied to). You agree and consent that TeensWork may use this information to present potential matches to you and to potential Job Seekers. You also agree that TeensWork may promote certain Job Ads by labelling such Job Ads with the "Hot work" topic.
II. Information Provided by TeensWork to Employers & Job Seekers
TeensWork may provide some information and content to Employers and Job Seekers for informational purposes only. E.g., TeensWork may provide Job Seekers with data regarding estimated salaries for a given Job Ad, number of applies to a Job Ad, or provide you with estimated applies to your Job Ads. All such figures provided by TeensWork are estimates given for informational purposes only, may come from a third party, and they are subject to change or varying levels of accuracy.
III. Communication with Job Seekers
1. You may receive messages, emails or email notifications corresponding with your or a Job Seeker’s activity on or use of the TeensWork App. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. If you wish to interview a Job Seeker, it is your responsibility to follow up with the Job Seeker separately to ensure they know about the interview, do not rely on notifications through TeensWork. TeensWork disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.
2. Once a Job Seeker has your contact information, you agree that TeensWork is not responsible or liable for the manner in which they may use such information.
3. TeensWork may, in its sole discretion, turn off or disable chat for any Employer or Job Seeker at any time without prior notice.
4. You are responsible for the contents of your emails, application form, screener questions or their format, criteria you set for inviting Job Seekers to interview, update, or manage any Job Ads that you post, and any messages that you send through the TeensWork App or otherwise, and agree that TeensWork is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You are responsible for ensuring that your selection criteria are job-related, that you do not pose "disability-related inquiries" or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law.
5. You agree that TeensWork may reject or remove any Job Ad or any questions for Job Seekers for any or no reason. E.g., TeensWork may remove any Job Ad or question that directly or indirectly discriminates against Job Seekers. Direct discrimination means, e.g., that a Job Ad or question specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, e.g., their gender, race, age or disability. Indirect discrimination means, e.g., that a Job Ad or question implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Ad or question that directly or indirectly discriminates against Job Seekers or otherwise violates applicable law. TeensWork further does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. You are solely responsible for checking your TeensWork Account to view job applications and other information. Any notifications, such as emails, you may receive about applications or other activities, are provided solely as a courtesy to you and you should not rely on them.
6. You agree that TeensWork may send notices to Job Seekers informing them that an Employer’s TeensWork Account has been compromised, including if such account is associated with you. TeensWork cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that TeensWork bears no responsibility for doing so. TeensWork makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.
7. TeensWork does not warrant that a Job Seeker is qualified, meets the criteria the Employer has set, or that the information provided by the Job Seeker to TeensWork is accurate. The TeensWork Services allow Employers to more efficiently connect with Job Seekers as they determine, and the sole responsibility for the content of any screener question, any decision to proceed or not proceed with interview or offers, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of the TeensWork Services is solely with the Employer. By using the TeensWork Services, you acknowledge and agree that TeensWork is not procuring employees for Employers or procuring opportunities to work for Job Seekers, and that TeensWork does not act as your employment agency by carrying out its activity.
8. You agree that you are solely responsible for any content you edit or put on your TeensWork Account, whether generated by or for you, including photograph (s) or videos you provide.
IV. Virtual & Remote Communications with Job Seekers
1. TeensWork may provide Employers with the possibility to hold virtual and remote communications with Job Seekers during the application process. TeensWork does not guarantee (i) availability of the TeensWork services intended for holding virtual and remote communications with Job Seekers, including phone interviews, virtual meetings, etc. at the time you attempt to initiate them, (ii) the quality of such TeensWork Services, or (iii) the dates or times you have arranged with Job Seekers for your virtual and remote communications. Further, TeensWork does not verify the identities or qualifications of Job Seekers with whom you arrange virtual and remote communications.
2. You understand and agree that there is no protection for any information you share or data that you transmit while participating in virtual and remote communications including, but not limited to, audio/visual content, interview questions and answers, or your image or likeness. You acknowledge and agree that TeensWork is not responsible for securing or protecting any data or information that you share or transmit during your use of virtual interviews. TeensWork assumes no liability for the misuse of any data you share or transmit through use of virtual and remote communications. You further acknowledge and agree that TeensWork does not assume any responsibility for availability or retention of any recordings of virtual and remote communications. You understand and agree that you access and use virtual interviews at your own discretion and risk and that TeensWork disclaims all liability arising out of your use of virtual and remote communications.
3. You understand that TeensWork is only providing the option for you to communicate with Job Seekers via services that may be offered by third-party providers. TeensWork is not a party to your virtual and remote communications and is not a participant in any arrangements you make with Job Seekers.
4. You further agree to defend, indemnify and hold TeensWork harmless from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys' fees and costs) that arise from the recording of virtual and remote communications.
V. Acting on Behalf of TeensWork
1. You agree and acknowledge that you will not make any representation that you are recruiting on behalf of TeensWork, working for TeensWork or in any form of co-employment or contractor relationship with TeensWork.
2. Additionally, nothing contained herein shall be construed to imply a joint venture, partnership, principal-agent relationship or employer-employee relationship between you and TeensWork, and neither party to these Terms shall have the right, power or authority to obligate or bind the other in any manner whatsoever, except as otherwise agreed to in writing.
L. DISCLAIMER OF WARRANTIES
1. The TeensWork App may become unavailable in whole or in part at any time without notice. The TeensWork App may rely on third parties to provide services to TeensWork, such as data hosting or processing vendors, and the TeensWork App could unexpectedly malfunction or become unavailable as a result.
2. To the fullest extent permitted by law, TeensWork disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the TeensWork search results (including Job Ads) or otherwise made available on the TeensWork App by TeensWork or third parties (including User Content), regardless of whether paid for or used for free. TeensWork disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by TeensWork for informational purposes only. TeensWork disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including User Content). TeensWork does not guarantee that the TeensWork App will always be error free, safe, or secure. TeensWork further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the TeensWork App or on other sites or services on the internet accessed through the TeensWork App. Under no circumstances shall TeensWork be liable to you or any third party on account of your use or misuse of or reliance on the TeensWork App. Additionally, under no circumstances shall TeensWork be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from the TeensWork App.
3. TeensWork further disclaims all liability for any technical malfunction of the TeensWork App, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other services provided by TeensWork as a result of technical problems or traffic congestion on the internet or any third party or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any content in connection with the TeensWork App or the TeensWork Services. Under no circumstances will TeensWork be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the TeensWork App, the Teens Work Services, or third party applications, websites, software or content posted on or through the TeensWork App or transmitted to Users or any interactions between users of the TeensWork App or the TeensWork Services, whether online or offline.
4. TeensWork reserves the right to limit or terminate any and all the TeensWork Services and/or access to the TeensWork App in specific countries or regions, at any time, due to, or during, times of war, political upheaval or uncertainty, epidemic, pandemic, riot, insurrection, terrorism or threat thereof, or civil disorder.
5. The TeensWork App, and all content, products, features and services available on or through it are provided "as is," with no warranties whatsoever, either express or implied. You use the TeensWork App and the TeensWork Services at your own risk. TeensWork and its affiliates, and its and their third-party licensors, expressly disclaim to the fullest extent permitted by law all warranties, whether express, implied, statutory or otherwise, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement of proprietary rights, title, service quality, and that the TeensWork App and the TeensWork Services provided will be uninterrupted, error free, safe, or secure. To the fullest extent permitted by law, TeensWork and its affiliates, and its and their third-party licensors, disclaim any warranties regarding the security, reliability, timeliness, and performance of the TeensWork App, and all content, products, features and services available on or through the TeensWork App. To the fullest extent permitted by law, TeensWork and its affiliates, and its and their third-party licensors, disclaim any warranties for services or goods received through or advertised on the TeensWork App or received through any links made available by TeensWork. TeensWork is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
6. You understand and agree that you download or otherwise obtain material or data through the use of the TeensWork App at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from downloading or obtaining any such material or data.
M. LIMITATION OF LIABILITY
1. To the fullest extent permitted by law, under no circumstances shall TeensWork or its affiliates, or its or their third-party licensors, be liable to any person on account of that person’s use or misuse of or reliance on the TeensWork App.
2. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary, and punitive damages or any loss of profits, revenue, interest, goodwill, loss or corruption of data or any loss of or interruption to the User’s business, whether such claim is based on warranty, contract, tort (including negligence), indemnity, or otherwise, even if TeensWork or its affiliates, or its or their third-party licensors, have been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any remedy.
3. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the TeensWork App, from reliance or damage caused by information posted on the TeensWork App, from inability to use the TeensWork App, or from the interruption, suspension, or termination of the TeensWork App (including such damages incurred by third parties).
4. This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the TeensWork App or received through any links made available on the TeensWork App.
5. This limitation shall also apply to the costs of procurement of substitute goods or services, lost profits, or lost data, and to the performance or non-performance of the TeensWork App or any information or merchandise that appears on, or is linked or related in any way to, the TeensWork App.
6. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy, and to the fullest extent permitted by law.
7. To the extent permitted by law, the maximum aggregate liability of TeensWork and its affiliates, and its and their third-party licensors, for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be limited to the amount you paid TeensWork to use the TeensWork App.
8. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the limitations set forth in the preceding paragraph may not apply to you. If any are held applicable or unenforceable for any reason, then TeensWork’s maximum liability to you for any non-direct type of damages shall be limited to U.S. $ 200.00 in the aggregate. In no event shall TeensWork (or any of its officers, directors, shareholders, employees, subsidiaries, affiliates, agents or advertisers), be liable for any direct damages in excess in the aggregate of U.S. $ 200.00.
9. TeensWork makes no representations or guarantees regarding the effectiveness of the TeensWork Services or timeliness of the TeensWork Services in meeting your Job Seeker’s objectives. TeensWork does not guarantee that the TeensWork Services will result in candidates being hired, positions being filled or Job Seekers being retained, and is not responsible or liable for any business, employment, hiring and/or salary decisions, for whatever reason made, by you.
N. COPYRIGHT
I. Battling Intellectual Property Infringements
Upon receipt of notices complying with the Digital Millennium Copyright Act ("DMCA"), TeensWork may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. TeensWork will terminate access for Users who are repeat infringers. We also may, at TeensWork’s discretion, limit access to the TeensWork App and terminate access of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
II. Notification on Intellectual Property Infringement
DMCA provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by TeensWork infringe your copyright, you (or your agent) may send us a notice via the email address specified in the "Contacts" section of the TeensWork App requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow TeensWork to locate the material on the site; (iv) the name, address, telephone number, and email address (if available) of the complaining party; (v) a statement that the complaining party has 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; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
III. Counter Notification on Intellectual Property Infringement
If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you shall file a counter notification via the email address specified in the "Contacts" section of the TeensWork App.
IV. Protection of Intellectual Property
1. Unless otherwise indicated, the TeensWork Services and all content, materials, information, functionality and other materials displayed, performed, contained or available on or through the TeensWork Service, including, without limitation, the TeensWork logo, and all designs, text, graphics, pictures, information, data, sound files, images, illustrations, software, other files, and the selection and arrangement thereof (collectively, the "Materials") are the proprietary property of TeensWork or its affiliates or licensors, and are protected by U.S. and international copyright laws and other intellectual property rights laws. Except as otherwise provided, subject to your compliance with all of the terms and conditions of these Terms, and in consideration of your promises reflected herein, we grant to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access and use the TeensWork App, (ii) cause the Materials to be displayed from a computer and/or mobile device and (iii) use the Materials, solely as permitted under these Terms (the "License"). You may terminate your License to access or use the TeensWork App and the TeensWork Services by closing your TeensWork Account at any time. TeensWork and its affiliates and licensors reserve all rights not expressly granted to you in these Terms. You agree that these Terms do not grant you any rights in or licenses to the TeensWork Services, the TeensWork App or the Materials, except for this express, limited License. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Materials or any other part of the TeensWork Service or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you agree not to frame or display the TeensWork Service or Materials (or any portion thereof) as part of any other website or any other work of authorship without our prior written permission. The License granted under this Section N will automatically terminate if we suspend or terminate your access to the TeensWork App and/or the TeensWork Services.
2. You understand and acknowledge that TeensWork or its affiliates, or its or their licensors, owns all right title and interest to the TeensWork App and all proprietary rights associated therewith. TeensWork reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the TeensWork App, other than your User Content. Any use of Materials, any derivative use of the TeensWork App is strictly prohibited. In no event may you frame any portion of the TeensWork App or any materials contained therein. The materials on the TeensWork App are provided with "Restricted Rights." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the Materials by the Government constitutes acknowledgment of TeensWork’s proprietary rights in them.
V. Trademarks
TeensWork graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of TeensWork or its affiliates in the U.S. and/or other countries, and may not be copied, imitated, or used, in whole or in part, without TeensWork’s prior written consent. You will not use any trademark, product or service name of TeensWork without our prior written permission, including without limitation any metatags or other "hidden text" utilizing any trademark, product of service name of TeensWork. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by TeensWork.
VI. Termination of the License
TeensWork may revoke or terminate your License to access or use the TeensWork Services and/or the TeensWork App for any reason without notice at TeensWork’s sole discretion. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in these Terms or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the TeensWork Services and/or the TeensWork App and/or Materials, or any other TeensWork product or service, or (iii) use the TeensWork Services and/or the TeensWork App or the Materials other than as specifically authorized in these Terms, without our prior written permission. You will stop accessing or using the TeensWork Services immediately if TeensWork suspends or terminates your License to access or use the TeensWork Services. TeensWork reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the TeensWork Services during suspension or after termination. TeensWork may recover its reasonable attorneys' fees and court costs from you for such action. These Terms will remain enforceable against you while your License to access or use the TeensWork Services is suspended and after it is terminated.
VII. License to Use User Content
1. When you provide User Content you grant TeensWork a license to use it. Specifically, you grant TeensWork a nonexclusive, worldwide, perpetual, revocable only as described below, fully paid, royalty-free, transferable, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reformat, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content you post or submit, for the purpose of publishing material, maintaining or improving TeensWork and promoting TeensWork and such User Content without restriction. No compensation in any form shall be due or payable to you in connection with TeensWork’s exercise of its rights under the license granted under this Section N To the extent any compensation may be due under applicable law as a result of, or in connection with, TeensWork’s exercise of these rights, you hereby waive any and all rights to such compensation to the maximum extent permitted under applicable law. TeensWork shall terminate this licensed use within a commercially reasonable term after User Content has been removed from the TeensWork App. TeensWork reserves the right to refuse to accept, post, display or make available any User Content at its sole discretion.
2. Furthermore, you grant to TeensWork, its affiliates, and sublicensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any TeensWork marketing materials containing or incorporating such User Content, or (iii) any actions by TeensWork to promote or publicize such User Content, such as the use of keywords in third-party internet search engines. To any extent that such User Content contains your name, likeness, voice or image, you hereby irrevocably waive all legal and equitable rights relating to claims for violation of your rights of publicity (or any similar claims) arising directly or indirectly from TeensWork’s exercise of its rights pursuant to the license granted hereunder.
3. You represent and warrant that: (i) you own the User Content that you provide, or that you have the right to grant this license, (ii) your User Content, and TeensWork’s use of it, will not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or other rights of any person, and (iii) use of your User Content will not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person by reason of such User Content. You agree to defend, indemnify and hold harmless TeensWork and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section N for any such User Content, please send a certified letter of request to the address listed in the "Contacts" section of the TeensWork App with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (i) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (ii) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow TeensWork to locate and remove such User Content on the TeensWork App; (iii) your name, address, telephone number, and email address; (iv) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (v) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content.
O. QUESTIONS & COMPLAINTS
1. At your discretion, you may provide feedback or opinions about TeensWork or the TeensWork App, such as identifying potential errors, improvements, modifications, bug fixes, or enhancements ("Feedback"). TeensWork is free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. If you provide Feedback to TeensWork, you hereby grant to TeensWork a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. TeensWork may disclose any or all Feedback to any third party in any manner, and may sublicense any or all Feedback in any form to any third party without restriction. Accepting any Feedback does not constitute a waiver of any rights to use similar or related ideas previously known to TeensWork, or developed by its employees, or obtained from sources other than you.
2. TeensWork does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit Feedback on the TeensWork Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions or materials. If, despite this notice, you send TeensWork creative suggestions, ideas, drawings, concepts, inventions, or other information (the "User Submission"), you understand and agree that the User Submission shall become the property of TeensWork. User Submission and any elements contained in User Submissions shall not be subject to any obligation of confidentiality on TeensWork’s part, and TeensWork will not be liable for any use or disclosure of any User Submission. TeensWork shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
3. If you have a question or complaint regarding the TeensWork App, please contact us via the email address identified in the "Contacts" section of the TeensWork App. Do not include credit card information or other sensitive information in your email correspondence with us.
P. INDEMNITY
You agree to defend, indemnify, and hold harmless TeensWork (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the TeensWork App, any Post posted by you, your use of the TeensWork Services or your breach of these Terms. TeensWork shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
Q. ARBITRATION
I. Agreement to Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings arising out of or related to a violation of Section B or disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents (collectively, "Disputes"), you and TeensWork agree (i) to waive your and TeensWork’s respective rights to have any and all Disputes arising from or related to these Terms, the TeensWork Services or the Materials, resolved in a court, and (ii) to waive your and TeensWork’s respective rights to a jury trial. Instead, you and TeensWork agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
II. No Class Arbitration
You and TeensWork agree that any Dispute arising out of or related to these Terms, the TeensWork Services or the Materials is personal to you and TeensWork and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and TeensWork agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and TeensWork agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
III. Federal Arbitration Act
You and TeensWork agree that the enforceability of this Section Q shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA"), to the maximum extent permitted by applicable law.
IV. Notice; Informal Dispute Resolution
You and TeensWork agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to TeensWork shall be sent by certified mail or courier to the address specified in these Terms above. Your notice must include (i) your name, postal address, telephone number, the email address you use or used for your TeensWork Account, and, if different, an email address at which you can be contacted, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking. Our notice to you will be sent to the email address you used to register for your TeensWork Account, and will include (a) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (b) a description in reasonable detail of the nature or basis of the Dispute, and © the specific relief that we are seeking. If you and TeensWork cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or TeensWork may, as appropriate and in accordance with this Section Q commence an arbitration proceeding, or to the extent specifically provided for in section Q (I), file a claim in court.
V. Process
Except for Disputes arising out of or related to a violation of Section B or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and TeensWork agree that any Dispute must be commenced or filed by you or TeensWork within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and TeensWork will no longer have the right to assert such claim regarding the Dispute). You and TeensWork agree that (i) any arbitration will occur in King County, Washington, (ii) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services ("JAMS"), which are hereby incorporated by reference, and (iii) that the state or federal courts of the State of Washington and the United States, respectively, sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court. By agreeing to be bound by these Terms, you either (i) acknowledge and agree that you have read and understand the rules of JAMS, or (ii) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
VI. Authority of the Arbitrator
As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
VII. Severability of the Present Section
If any term, clause or provision of this Section Q is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section Q will remain valid and enforceable. Further, the waivers set forth in Section Q (II) are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
VIII. Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section Q by writing to the TeensWork’s address specified in these Terms above. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt-out of binding arbitration.
IX. Governing Law
1. These Terms, your access to and use of the TeensWork Services and Materials shall be governed by and construed and enforced in accordance with the laws of the State of Washington without regard to conflict of law rules or principles (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
2. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Washington and the United States, respectively, sitting in King County, Washington.
R. MISCELLANEAOUS
I. E-signatures
The TeensWork App may offer e-signature options, which may be powered by a third-party service provider. By using e-signatures on the TeensWork App, you agree that your e-signature is intended to authenticate the document you are signing, and your e-signature will have the same force and effect as a manual signature. TeensWork is not a legal record keeper. Your use of e-signatures is at your own risk, and it is your responsibility to ensure that your document is received and to retain your own copies.
II. Entire Agreement; Order of Precedence
1. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the TeensWork Services, written or oral.
2. These Terms do not alter the terms and conditions of any other electronic or written agreement you may have with TeensWork for the TeensWork Service or for any other TeensWork product, feature, service or otherwise.
3. In the event of any conflict between these Terms and any other agreement you may have with TeensWork, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
III. Notice on Amendments
We reserve the right to make changes or modifications to these Terms occasionally, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending you an email to the email address specified in your TeensWork Account (and is deemed received when sent) and/or by posting the amended Terms via the TeensWork App and updating the "Last Updated" date at the top of these Terms (and is deemed received no more than five (5) days after having been posted via the TeensWork App). All amended Terms will become effective immediately on the date they are posted to the TeensWork App unless we state otherwise via our notice of such amended Terms. Any amended Terms will apply prospectively to use of the TeensWork App after such changes become effective. Your continued use of the TeensWork App following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you must discontinue using the TeensWork App. Written or phone communication between you and a TeensWork employee is not a modification or amendment of these Terms. Any notices to TeensWork must be sent to the applicable TeensWork entity identified in the "Contacts" section of the TeensWork App via certified first class or air mail or overnight courier, and are deemed given upon receipt.
IV. Severability
If any provision of these Terms becomes illegal, invalid or unenforceable, that shall not affect the validity or enforceability of any other provision of these Terms; or the validity or enforceability of that or any other provision of these Terms under other jurisdictions.
V. Waiver
Our failure or delay in exercising any right, power or privilege under these Terms will not operate as a waiver thereof.
VI. Relationship
TeensWork is an independent contractor for all purposes, and is not your agent or trustee. You are also not an agent of TeensWork. TeensWork and you are not in a legal partnership or employment relationship. When TeensWork provides the TeensWork App or any related services to you, it is solely as a service provider.
VII. Assignment
You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from TeensWork, including by operation of law or in connection with any change of control. TeensWork may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
VIII. Headings
Headings of sections and paragraphs are for convenience only and will not be used to limit or construe such sections and/or paragraphs.
IX. Survival
Sections L, M, P, Q, R and any other section and/or term that, by its nature, should survive, will survive any termination or expiration of these Terms.
[f1]Пожалуйста, подтвердите правильность регистрационных данных юридического лица.
Please read the information below carefully. It contains the terms and conditions ("these Terms") governing your access to and use of the TeensWork App and the TeensWork Services (as each are defined below) provided by T-Work LLC ("TeensWork"). If you do not accept these Terms or you do not meet or comply with their provisions, you may not use the TeensWork App or the TeensWork Services. These Terms (as they may be amended from time to time by TeensWork (subject to the provisions of Section R) form a binding agreement between you and TeensWork. Your access to and usage of the TeensWork App or the TeensWork Services indicates your acceptance of these Terms. You are agreeing to use the TeensWork App at your own risk.
A. DEFINITIONS
The following definitions apply to these Terms:
(i) "Demographic Information" means information about the TeensWork App’s Users specified by them, such as race and ethnicity, gender, age, LGBTQ+ community membership, and disability status;
(ii) "Disputes" means disputes, claims, suits, actions, causes of action, demands or proceedings arising out of or related to a violation of Section B or disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents or other disputes;
(iii) "DMCA" means the Digital Millennium Copyright Act;
(iv) "Employer" means a person or entity that is accessing the TeensWork App to post a job opportunity or utilizing the TeensWork Services for any reason related to the purpose of seeking Job Seekers for recruitment;
(v) "External Sites" means other sites on the internet, which are owned and operated by third parties;
(vi) "FAA" means the Federal Arbitration Act, 9 U.S.C. § 1 et seq.;
(vii) "Feedback" means opinions about TeensWork or the TeensWork App, such as identifying potential errors, improvements, modifications, bug fixes, or enhancements;
(viii) "JAAMS" means the rules of the Judicial Arbitration and Mediation Services;
(ix) "Job Ads" means posts advertising employment opportunities and other job-related content through the TeensWork App’s search results;
(x) "Job Seeker" means a User who is accessing the TeensWork App to search for a job opportunity;
(xi) "License" means, except as otherwise provided, subject to your compliance with all of the terms and conditions of these Terms, and in consideration of Users' promises reflected herein, a revocable, personal, non-exclusive, non-assignable and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access and use the TeensWork App, (ii) cause the Materials to be displayed from a computer and/or mobile device and (iii) use the Materials, solely as permitted under these Terms;
(xii) "Materials" means all content, materials, information, functionality and other materials displayed, performed, contained or available on or through the TeensWork App, including, without limitation, the TeensWork logo, and all designs, text, graphics, pictures, information, data, sound files, images, illustrations, software, other files, and the selection and arrangement thereof;
(xiii) "Paid Services" means certain services available for a fee in connection with the TeensWork App;
(xiv) "Subscription Services" means certain of the Paid Services provided by TeensWork, which may be offered on a subscription basis with auto-renewing payments;
(xv) "TeensWork" means T-Work LLC, a business incorporated with Washington State Secretary of State. The Unified Business Identifier (UBI) is No. 604 740 652. The business address is 29 006 Ne 155th St, Duvall, WA 98 019−8024, USA. The business type is WA LIMITED LIABILITY COMPANY[f1] ;
(xvi) "TeensWork Account" means the profile information indicated by the User (either and Employer, a Job Seeker or other) in the "Profile" section of the TeensWork App;
(xvii) "TeensWork App" means our downloadable application available in device application marketplaces;
NB: these Terms apply to your use of any TeensWork app. The legal entity responsible for the TeensWork App is the one specified in these Terms, even if the entity identified as the developer on an application marketplace is different. If you allow the TeensWork App to use your device’s location service, the TeensWork App may collect information based on your device’s geographic location. In addition to your agreement with the foregoing Terms, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of the TeensWork App compatible with the iOS operating system of Apple Inc. ("Apple"). Apple is not a party to these Terms and does not own and is not responsible for the TeensWork App. Apple is not providing any warranty for the TeensWork App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the TeensWork App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the TeensWork App, including any third-party product liability claims, claims that the TeensWork App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the TeensWork App, including those pertaining to intellectual property rights, must be directed to TeensWork in accordance with Section O section below. The License (see Section N) you have been granted herein is limited to a non-transferable license to use the TeensWork App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the TeensWork App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof; notwithstanding the foregoing, TeensWork’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
(xviii) "TeensWork Resume" means an uploaded file resume on the TeensWork App;
(xix) "TeensWork Services" means any services provided by TeensWork described herein in association with the functionality of the TeensWork App or otherwise;
(xx) "Third Party Providers" means subcontractors and consultants, using which TeensWork may render the TeensWork Services;
(xxi) "User" refers to any individual or entity that uses any aspect of the TeensWork App;
(xxii) "User Content" means any data that a User or other party submits, posts, publishes, displays, or makes available on or through the TeensWork App, or otherwise provides to TeensWork;
(xxiii) "User Submission" means creative suggestions, ideas, drawings, concepts, inventions, or other information sent to TeensWork from Users as part of Feedback;
(xxiv) "You" means the person who (or entity on behalf of whom you are acting) is agreeing to these Terms;
(xxv) "Terms" means the present TeensWork Terms of Service and all amendments, appendices and updates to them.
B. GENERAL RULES OF THE TEENSWORK APP
1. When using the TeensWork App and services, you agree to the rules specified below and any other rules or policies posted on the TeensWork App.
2. You are prohibited to directly or indirectly:
(i) access the TeensWork App other than through the web or app interface publicly provided by TeensWork, or otherwise access systems without express authorization;
(ii) provide any false, fake, or fictitious information;
(iii) provide any code or data with the intent or effect of damaging, disrupting, disabling, harming, impairing, interfering with, intercepting, expropriating or otherwise impeding, the TeensWork App or any data, program, system, equipment or communication, or that would cause a violation of any applicable law;
(iv) access any data, especially personal data, without permission;
(v) bypass any limitations or suspensions of functionality;
(vi) interfere with others' use of the TeensWork App;
(vii) modify, adapt, translate, reformat, resell, frame, or reverse engineer any portion of the TeensWork App;
(viii) remove any copyright, trademark or other proprietary rights notices;
(ix) crawl, scrape, data mine, extract data from, reproduce, duplicate, copy, sell, exploit, trade or resell any part of the TeensWork App;
(x) use any automated system or software, whether operated by a third party or otherwise, to violate any of these Terms;
(xi) delete or revise any material posted by any other person or entity;
(xii) respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job opportunity or to initiate further discussion with the Job Seeker).
3. You are prohibited from using the TeensWork App to:
(i) harm anyone or violate the rights of anyone, including the right of publicity, right of privacy, or intellectual property rights;
(ii) provide false information;
(iii) transmit or store biometric information or biometric identifiers;
(iv) promote or encourage illegal activity;
(v) promote pyramid schemes, multi-level marketing (MLM) programs, jobs that require payment to start, or any topics we consider detrimental to our Users;
(vi) send unsolicited commercial messages, or any other unlawful communications;
NB: in particular, you may use the TeensWork App only for seeking Job Seekers and you are specifically prohibited from using information derived from getting access to the TeensWork App to (i) sell or promote any products or services, (ii) send emails that, in TeensWork’s sole judgment, are excessive in frequency or contain job postings that are irrelevant to the work history of particular classes of Job Seekers or (iii) take any other action that is, in TeensWork’s sole judgment, inconsistent with these Terms, misleading or incomplete, or in violation of any Federal, State, Local law, statute, code, rule, or regulation.
(vii) imitate or impersonate another person, or create false accounts;
(viii) send messages to Users who have asked not to be contacted;
(ix) sell personal data;
(x) post any information to the TeensWork App that contains: (a) URLs or links to web sites other than to recruitment related pages on your web sites/other social media; (b) copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material; © trade secrets (unless you own them or have the owner’s permission to post them); (d) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (e) irrelevant keywords or white text keywords (including any words embedded in the document and hidden from User;
(xi) post any information to the TeensWork App that impersonates another person, living or dead;
(xii) post false, inaccurate or misleading information, opinions or notices.
4. TeensWork is under no obligation to monitor Job Ads posted on the TeensWork App, but it may monitor Job Ads at random: Job Ads found to violate these Terms may be removed at TeensWork’s sole discretion.
5. Users are prohibited from violating or attempting to violate the security of the TeensWork App, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the TeensWork App, overloading, "flooding", "mail bombing" or "crashing"; (iv) sending unsolicited email, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violation of rules specified above in this Section B may result in civil or criminal liability. TeensWork will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
6. In order to prevent spam, fraud, or other anomalous or unauthorized activity, we may temporary or permanently suspend or terminate User’s TeensWork Accounts or the use of portions of the TeensWork App, with or without notice and with no further obligation or liability to you or anyone else. We reserve the right at all times to terminate User’s TeensWork Accounts, and to reclaim usernames or URLs, without notice or further obligation. We reserve the right to monitor all activity on the TeensWork App and to not pass on or deliver any message or communication that may be malicious, spam, fraudulent, or unwanted, or for any other reason. This includes attachments of any type, scripts, macros, or any other form of code. You agree the determination of what constitutes spam is in TeensWork’s sole discretion. TeensWork may use data collected through the TeensWork App to make such a determination. TeensWork reserves the right to interact with Users through the TeensWork App, including to investigate whether Users are violating these Terms. TeensWork reserves the right to turn over any information gathered via such investigations to law enforcement or other third party.
C. TEENSWORK’S COLLECTION OF INFORMATION
1. TeensWork collects, records, processes, analyzes, and stores any and all activities you take on the TeensWork App, and any and all interactions and communications you have with, on, or through the TeensWork App. This includes: which areas of the TeensWork App you visit (including URLs), which content you view, which info you input, whether and where you click, scroll, hover-over, mouseover, or otherwise interact with or communicate with or through the TeensWork App, the timing of each activity, and time spent on each activity. TeensWork collects this data from everyone using the TeensWork App, including users of private browsing mode, "incognito mode", or similar modes. TeensWork uses vendors as an extension of the TeensWork App to collect, record, process, analyze, and store this data. You authorize TeensWork to make any connections with wires, lines, cables, or instruments, including with communication systems, that it may decide to make from time to time in connection with operating the TeensWork App. You acknowledge that the foregoing is necessary to the operation of the TeensWork App.
2. TeensWork may offer suggestions, recommendations, or information to Users that may support or improve their experience on the TeensWork App. These offerings are provided as a courtesy and without warranty, and are based on information provided by other Users, and your use of such information is at your own risk. TeensWork assumes no responsibility and disclaims all liability for any decisions you make, or actions you take, using information obtained through the TeensWork App.
3. As TeensWork tests improvements and updates to the TeensWork App and the TeensWork Services, it may affect various aspects of the TeensWork App, including the ad delivery system, ad placement, profiles, resumes, etc. You agree that TeensWork may conduct such tests without notice to you.
D. REGISTERING THE TEENSWORK ACCOUNT
1. By accepting these Terms, you agree to provide information that is true, accurate, current, and complete upon registering, provision and verifying and email address for the purpose of registration of your account at TeensWork (the "TeensWork Account"). You may not create multiple accounts, or create accounts by automated means.
2. By accepting these Terms, you understand that (i) absence of two-factor authentication (2FA) on your TeensWork Account may be subject to risks, which is why we encourage you to enable it, (ii) you are responsible for the confidentiality and use of your username and password, which may not be shared, (iii) your TeensWork Account is accessible by anyone with your username and password and who can answer your verification questions, (iv) if someone obtains unauthorized access to your TeensWork Account, they could contact Users or take other actions through your TeensWork Account, and TeensWork’s ability to respond is limited.
3. Upon your successful registration for a TeensWork Account, you will be provided with a unique password that will permit you to access the TeensWork Account. You may not provide your password or otherwise permit access to your TeensWork Account to any third party. You are responsible for maintaining the confidentiality of your information and password. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer (s).
E. USER CONTENT
1. Some parts of the TeensWork App allow Users to post content or data such as Job Ads, TeensWork Resumes, information, text, images, audio, video, messages, and other materials. This functionality helps Users find information about potential jobs, Employers, and Job Seekers. Any data that a User or other party submits, posts, publishes, displays, or makes available on or through the TeensWork App, or otherwise provides to TeensWork, is called "User Content." User Content includes Job Ads, TeensWork Resumes, and messages sent through TeensWork.
2. TeensWork is not responsible for User Content, which may be inaccurate, incomplete, misleading, or deceptive. TeensWork does not know whether User Content is true. Any opinion, fact, advice, information, or statement in User Content is the sole responsibility of its original author, who may use anonymous identifiers. You may come into contact with content that you find harmful, offensive, threatening, indecent, or objectionable. User Content may not be reliable or suitable for use in a legal proceeding. You acknowledge that TeensWork has no obligation or liability with regard to publishing, monitoring, or removing User Content.
3. If you provide User Content, it must comply with these Terms. Your User Content must not be unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, irrelevant, or unconstructive. Your User Content must not contain sexual, ethnic, or racial or other discriminating slurs. Your User Content must not contain proprietary information, trade secrets, intellectual property of another person, or confidential information. Your User Content must not contain spam, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or any other commercial communication. Your User Content must not be harmful to anyone, especially minors.
4. You may not post official identification information, such as a social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information on the internet may lead to identity theft for which TeensWork cannot be responsible.
5. TeensWork reserves the right to disclose all User Content, and any other relevant information and circumstances, to any third party in connection with operating the TeensWork App; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that TeensWork may honor subpoenas, search warrants, law enforcement or court-mandated requests to disclose User Content you have provided. Your identity may be discoverable via such legal requests, even if you post confidentially or anonymously.
6. TeensWork is an interactive computer service, has no obligation to host or remove any particular User Content, and may exclude or remove any User Content from any part of the TeensWork App or the TeensWork Services for any or no reason. TeensWork has no obligation to include any User Content in any part of the TeensWork App. Whether any User Content violates any TeensWork policy, whether to publish or to withdraw from publication any User Content, and whether to exclude any material that any party seeks to post on TeensWork, will always remain within the sole discretion of TeensWork. You agree that TeensWork has no liability or obligation to you or anyone else arising from its editorial decisions.
F. CONSENT TO RECEIVE PROMO MATERIALS
1. By providing TeensWork with a phone number and an email address upon registering the TeensWork Account, by accepting these Terms and ticking respective section upon accepting these Terms, you confirm that you are the primary user and subscriber to the telephone number entered as well as the specified email address, and you expressly agree to receiving calls and texts at that number, including if it is a mobile number, as well as emails at the specified email address.
2. You may revoke your consent to receive text messages and emails by terminating these Terms through closing your TeensWork account or by following the "Unsubscribe" link in the emails sent by TeensWork to you. TeensWork cannot be responsible for third parties to whom you have provided your phone number.
G. PAYMENT FOR THE TEENSWORK SERVICES
I. Advertising
Advertising you purchase may be measured by clicks, RSVPs, applies, impressions, or a subscription or platform fee. Charges are solely based on TeensWork’s measurements (such as click count). TeensWork’s measurements (such as click count) shall be binding. TeensWork’s measurements may be derived from data from third-party vendors, such as publishers.
II. Subscriptions
1. From time to time, TeensWork may make certain services available for a fee in connection with the TeensWork App ("Paid Services"). The following terms of sale apply solely to your purchase of Paid Services from TeensWork.
2. Certain of the Paid Services provided by TeensWork may be offered on a subscription basis with auto-renewing payments ("Subscription Services"). The billing period for each type of Subscription Service will be as specified via the TeensWork App at the time of registration. When you register for any Subscription Service, you expressly acknowledge and agree that (i) TeensWork (or its designated third-party payment processor) is authorized to charge you on a recurring basis for the Subscription Service (in addition to any applicable taxes and other charges) at the then-current rates for as long as the Subscription Service continues, and (ii) the Subscription Service will continue until you cancel it or we suspend or stop providing access to the TeensWork App in accordance with these Terms.
3. Details regarding the Subscription Services are available on the TeensWork App at the time of purchase. If you purchase a Subscription Service, you acknowledge and agree that your subscription will automatically renew and TeensWork will charge you on a recurring basis until you cancel your Subscription Service and such cancellation goes into effect, which may not be until the next billing cycle. Pausing your subscription does not cancel it. Your subscription will continue to automatically renew after being unpaused. There are no refunds or credits for partially used billing cycles under the applicable subscription plan.
4. To cancel any Subscription Service, you must contact us through through the "Contact" section of the TeensWork App and follow the instructions in the email we send you in response to your cancellation request or otherwise via a respective application marketplace. You must cancel a Subscription Service before the start of the next billing period in order to avoid charges for the next billing period’s fees. Following any cancellation, you will continue to have access to the Subscription Services (subject to these Terms) through the end of your current billing period.
III. Billing Policies
Invoices may be provided to you via email, unless otherwise specified by TeensWork. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any TeensWork Services, TeensWork reserves the right to suspend or terminate your use of the TeensWork Services as well as any other TeensWork product, including but not limited to those TeensWork products where you do not have an unpaid invoice or account balance. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Any credit card and related billing and payment information that you provide to TeensWork may be shared by TeensWork with companies who work on TeensWork’s behalf, such as payment processors and/or credit agencies, for the purposes of checking credit, effecting payment to TeensWork, and servicing your TeensWork Account. TeensWork may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. TeensWork may obtain updated payment information for credit and debit cards through payment card networks, card issuers or other third party sources. TeensWork may use the updated card information to charge amounts you owe. TeensWork shall not be liable for any use or disclosure of such information by such third parties. If your TeensWork Account has a credit card on file for one TeensWork Service, we will charge that same credit card for other purchases unless otherwise indicated by you.
IV. Currency
You may be able to pay all charges in the currencies chosen by you upon registering the TeensWork Account based on your location.
V. Taxes
Charges are exclusive of all taxes and VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (i) all taxes and government charges, and (ii) reasonable expenses and attorney fees TeensWork incurs collecting late amounts. All withholding tax remittances to the government are your sole responsibility and TeensWork shall have no liability whatsoever therefor.
VI. Refunds
Except as provided in Section G (VII) (the one below), or as otherwise expressly agreed upon by TeensWork, all sales of Paid Services (including any Subscription Services) are final and there are no refunds. There are no refunds or credits for partially used Subscription Services periods.
VII. Errors
In the event of an error in connection with the pricing or charging of Paid Services, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the purchase and refund any amount charged. Your sole remedy in the event of a billing error is to obtain a refund for the excess amount charged. To be eligible for such refund, you must provide notice of any such error within one hundred and twenty (120) days of the date of the billing statement in which such error first appeared.
VIII. Price Changes
TeensWork reserves the right to modify the fees for any Paid Services, including any Subscription Services, from time to time in its sole discretion. For Subscription Services, price changes will apply to the next billing period.
IX. Payment Method
You may only pay fees using valid payment methods acceptable to us, as specified via the TeensWork App. You represent and warrant that you are authorized to use the payment method you designate via the TeensWork App. You authorize us to charge your designated payment method for the total amount of your purchase, including any applicable taxes and other charges. You authorize us to use a third-party service to update your designated payment information if it is cancelled or expires. If the payment method cannot be verified, is invalid or is otherwise not acceptable to us, your order may be suspended or cancelled.
H. USE OF THE TEENSWORK APP BY MINORS
1. The TeensWork App is not for use by anyone under the age of fourteen (14). However, if local laws provide for an alternative minimum age for TeensWork to lawfully provide the services in the TeensWork App to you, then that shall apply as the applicable minimum age. If you are under the age of majority in your jurisdiction, you must use TeensWork under the supervision of your parent, legal guardian or responsible adult. TeensWork adopts a range of measures to try to ensure that we do not accept individuals who do not meet the minimum age and any other applicable age requirements.
2. Neither the TeensWork App nor the TeensWork Services in general are targeted towards, nor intended for use by, anyone under the age of fourteen (14). If you are between the ages of thirteen (14) and eighteen (18), you may use the TeensWork App only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and any applicable additional terms. You further represent and warrant that you: (i) have not previously been suspended or removed from using the TeensWork App; (ii) are legally permitted to, and do, live in the United States or one of its territories, and (iii) may enter into this agreement without violating any other agreement to which you are a party. If you are registering to use the TeensWork App on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to act on its behalf.
I. ACCESSING EXTERNAL SITES
1. The TeensWork App may link to other sites on the internet which are owned and operated by third parties ("External Sites"). Links to External Sites may be found in User Content available through TeensWork. TeensWork is not responsible or liable for any External Site, including availability or content. Links to External Sites may be removed at any time. Any concerns regarding an External Site should be directed to the responsible third party.
2. TeensWork has no control over what happens on External Sites. If you visit an External Site and complete a transaction outside TeensWork, you are entering into an agreement with a third party, alone and at your own risk. You are giving the third party your data directly, and your rights and their obligations are determined by its privacy policies and terms of service. TeensWork disclaims all liability from anything that may occur when you utilize or transact with such third parties. We are additionally not responsible for any payment that may be asked of you by such third party.
3. You acknowledge and agree that TeensWork may provide the TeensWork Services using third party providers, including subcontractors and consultants (the "Third Party Providers"). You agree that, as between TeensWork and its Third Party Providers, TeensWork will have sole responsibility for handling all billing and contract negotiations.
J. APPLICATION OF THESE TERMS TO JOB SEEKERS
I. Job Ads
1. For purposes of this Section J of these Terms, all references to "you" or "your" shall mean you, the individual, accessing the TeensWork App in your capacity as a Job Seeker. As a Job Seeker, you are permitted to use the TeensWork App and its content solely for non-commercial purposes.
2. TeensWork may make available job ads advertising employment opportunities and other job-related content ("Job Ads") through the TeensWork App’s search results.
3. Searching for Job Ads on the TeensWork App is free for Job Seekers. TeensWork displays Job Ads based on a compensation paid by Employers to TeensWork and relevance, such as search terms, and other information provided and activities conducted on the TeensWork App. While TeensWork may in some circumstances be compensated by Employers who post Job Ads (see Section G), helping keep TeensWork job search free for Job Seekers, all Job Ads are considered advertising.
4. Job Ads are created and provided by third parties over whom TeensWork exercises no control; you acknowledge and understand that TeensWork has no control over the content of Job Ads, links to or from Job Ads, or any conditions third parties might impose once a Job Seeker has submitted an application or left the TeensWork App. TeensWork has no obligation to screen any Job Ads, or to include any Job Ads, in its search results or other listings, and may exclude or remove any Job Ads from the TeensWork App or your search result without any obligation to provide reasoning for removal or exclusion. You understand and agree that TeensWork has no obligation to present you with any or all Job Ads. We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Employer, including the identity of such Employer. TeensWork assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Ads, or other information submitted by any Employer.
5. TeensWork has no control nor participates in the hiring or decision-making process regarding Employer hiring efforts. Further, you understand that TeensWork is not an employment agency by offering its services. By using the TeensWork Services, you understand that TeensWork is not procuring employees for Employer or opportunities for Job Seekers. TeensWork merely provides its services as a tool that enables Employers and Job Seekers to exchange information as they determine.
6. TeensWork is not liable for any claims arising out of your use of virtual and remote communications with Employers, including phone interviews, virtual meetings, etc., and you release TeensWork from any such claims. You further agree that TeensWork is not liable for any claims arising out of the recording of other ways of virtual and remote communications of you and Employers, and you release TeensWork from any such claims.
II. The TeensWork Resume
1. By uploading a file resume on the TeensWork App (the "TeensWork Resume"), you are requesting and authorizing TeensWork to make available your TeensWork Resume to anyone accessing the TeensWork App, such as Employers that TeensWork believes may have an interest in your TeensWork Resume or anyone with access to the URL associated with your TeensWork Resume.
2. TeensWork Resumes can be copied by search engines and other third parties accessing the TeensWork App, who can then make those TeensWork Resumes publicly available elsewhere. TeensWork does not control such third parties. Changes to your TeensWork Resume on the TeensWork App may or may not be reflected on copies made by third parties. TeensWork assumes no responsibility and disclaims all liability for your TeensWork Resume or application information that you share with Employers or otherwise make public.
3. By creating or uploading your TeensWork Resume, you are requesting and authorizing TeensWork to review or scan your TeensWork Resume and provide you feedback (in TeensWork’s discretion), including suggested changes. TeensWork assumes no responsibility and disclaims all liability for any actions you take based on any provided feedback.
4. By uploading a file resume on the TeensWork App, TeensWork may share with you Job Ads that match the contents of your TeensWork Resume. TeensWork may also highlight to you items in your TeensWork Resume that may match qualifications from the Job Ad, or highlight to you items that appear in the Job Ad and may be missing from your TeensWork Resume. These highlights do not mean you are or are not qualified for the job or that you should or should not apply for it. Applying for such Job Ads does not guarantee job interviews or hiring. Even where TeensWork highlights items or a Job Ad is shared with you, TeensWork assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Ads or highlights. By uploading a file resume on the TeensWork App, you agree that TeensWork may convert your file resume to a different file type. It is your responsibility to review your TeensWork Resume to ensure that the content appears as you intend, and that it contains the right information or any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact TeensWork to do so. It may take a few days for updates to your TeensWork Account or your TeensWork Resume to be reflected. TeensWork assumes no responsibility and disclaims all liability for your TeensWork Resume or other application information you post, send or receive through the TeensWork App.
5. If you have a TeensWork Account, an uploaded file resume, you agree that TeensWork may associate your TeensWork Resume data with your TeensWork Account. Your TeensWork Account consists of information you provide on the TeensWork App in the "Profile" section. Information in your TeensWork Account, except as otherwise indicated on the TeensWork App, may be available to third parties, such as Employers.
III. Information about Job Seekers
1. TeensWork stores the titles of jobs you search for and click on, where those jobs are located, the general salary range or experience level of the jobs you view, the Job Ads you apply to, your amount of activity or time of most recent activity on the TeensWork App, information you provide directly to TeensWork including desired salary, or past experience, or any information in your TeensWork Account, or any of your other behavior on the TeensWork App or information provided.
2. If you have a TeensWork Account or a TeensWork Resume, you agree that TeensWork may associate this data with your TeensWork Account and use this observed factual data to suggest jobs to you and to suggest you or your TeensWork Resume to Employers that might be interested in a person who matches your behavior on TeensWork.
3. You may have the opportunity to provide TeensWork with certain demographic information about yourself, such as your race and ethnicity, gender, age, LGBTQ+ community membership, and disability status ("Demographic Information"). By choosing to provide your Demographic Information, you agree that TeensWork may use it to evaluate and improve our products, and share aggregate summaries of Job Seeker information with Employers. If you do not want your Demographic Information to be used in this way, do not provide it to TeensWork (or, if you have already provided your Demographic Information to TeensWork, you can request it be removed). You further acknowledge and agree that another Job Seeker’s Demographic Information is personal information, and to the extent permitted by law you waive any right to request or view Demographic Information pertaining to any other Job Seeker.
IV. Job Applications
1. To maintain the quality of the TeensWork App and the TeensWork Services, TeensWork in its sole discretion may impose limits on your ability to apply to Job Ads or to other TeensWork Services.
2. You acknowledge that prior to submitting an application through the TeensWork App, you are responsible for reviewing and confirming that you are applying to your desired Employer. Once you provide information to an Employer (whether in the form of a job application, resume, email, interview material or otherwise), TeensWork does not have control over the Employer’s use or disclosure of that information.
3. When you apply to a job through TeensWork, you agree that you may be required to verify your email address, and that failure to verify may lead to your application being rejected.
4. By using the TeensWork App, you agree that TeensWork is not responsible for the content of the Employer’s job application, messages, screener questions, skills assessments or their format or method of delivery, and that TeensWork does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that TeensWork does not choose the questions asked by Employers or decide the job qualification criteria of Employers. Employers are solely responsible for compliance with all applicable laws.
K. APPLICATION OF THESE TERMS TO EMPLOYERS
I. Job Match
1. Job matches are recommendations, which may be presented to both you as an Employer and to Job Seekers in various formats on the TeensWork App. For example, TeensWork may recommend TeensWork Resumes, which match Job Ads you have posted, or recommend Job Ads to Job Seekers, which are similar to jobs to which they have recently applied.
2. To generate matches, TeensWork uses data collected through the TeensWork App from both Employers and Job Seekers. This includes Job Ads, TeensWork Resumes and user activity on the TeensWork App (such as searches run and Job Ads clicked on and applied to). You agree and consent that TeensWork may use this information to present potential matches to you and to potential Job Seekers. You also agree that TeensWork may promote certain Job Ads by labelling such Job Ads with the "Hot work" topic.
II. Information Provided by TeensWork to Employers & Job Seekers
TeensWork may provide some information and content to Employers and Job Seekers for informational purposes only. E.g., TeensWork may provide Job Seekers with data regarding estimated salaries for a given Job Ad, number of applies to a Job Ad, or provide you with estimated applies to your Job Ads. All such figures provided by TeensWork are estimates given for informational purposes only, may come from a third party, and they are subject to change or varying levels of accuracy.
III. Communication with Job Seekers
1. You may receive messages, emails or email notifications corresponding with your or a Job Seeker’s activity on or use of the TeensWork App. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. If you wish to interview a Job Seeker, it is your responsibility to follow up with the Job Seeker separately to ensure they know about the interview, do not rely on notifications through TeensWork. TeensWork disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.
2. Once a Job Seeker has your contact information, you agree that TeensWork is not responsible or liable for the manner in which they may use such information.
3. TeensWork may, in its sole discretion, turn off or disable chat for any Employer or Job Seeker at any time without prior notice.
4. You are responsible for the contents of your emails, application form, screener questions or their format, criteria you set for inviting Job Seekers to interview, update, or manage any Job Ads that you post, and any messages that you send through the TeensWork App or otherwise, and agree that TeensWork is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You are responsible for ensuring that your selection criteria are job-related, that you do not pose "disability-related inquiries" or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law.
5. You agree that TeensWork may reject or remove any Job Ad or any questions for Job Seekers for any or no reason. E.g., TeensWork may remove any Job Ad or question that directly or indirectly discriminates against Job Seekers. Direct discrimination means, e.g., that a Job Ad or question specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, e.g., their gender, race, age or disability. Indirect discrimination means, e.g., that a Job Ad or question implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Ad or question that directly or indirectly discriminates against Job Seekers or otherwise violates applicable law. TeensWork further does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. You are solely responsible for checking your TeensWork Account to view job applications and other information. Any notifications, such as emails, you may receive about applications or other activities, are provided solely as a courtesy to you and you should not rely on them.
6. You agree that TeensWork may send notices to Job Seekers informing them that an Employer’s TeensWork Account has been compromised, including if such account is associated with you. TeensWork cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that TeensWork bears no responsibility for doing so. TeensWork makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.
7. TeensWork does not warrant that a Job Seeker is qualified, meets the criteria the Employer has set, or that the information provided by the Job Seeker to TeensWork is accurate. The TeensWork Services allow Employers to more efficiently connect with Job Seekers as they determine, and the sole responsibility for the content of any screener question, any decision to proceed or not proceed with interview or offers, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of the TeensWork Services is solely with the Employer. By using the TeensWork Services, you acknowledge and agree that TeensWork is not procuring employees for Employers or procuring opportunities to work for Job Seekers, and that TeensWork does not act as your employment agency by carrying out its activity.
8. You agree that you are solely responsible for any content you edit or put on your TeensWork Account, whether generated by or for you, including photograph (s) or videos you provide.
IV. Virtual & Remote Communications with Job Seekers
1. TeensWork may provide Employers with the possibility to hold virtual and remote communications with Job Seekers during the application process. TeensWork does not guarantee (i) availability of the TeensWork services intended for holding virtual and remote communications with Job Seekers, including phone interviews, virtual meetings, etc. at the time you attempt to initiate them, (ii) the quality of such TeensWork Services, or (iii) the dates or times you have arranged with Job Seekers for your virtual and remote communications. Further, TeensWork does not verify the identities or qualifications of Job Seekers with whom you arrange virtual and remote communications.
2. You understand and agree that there is no protection for any information you share or data that you transmit while participating in virtual and remote communications including, but not limited to, audio/visual content, interview questions and answers, or your image or likeness. You acknowledge and agree that TeensWork is not responsible for securing or protecting any data or information that you share or transmit during your use of virtual interviews. TeensWork assumes no liability for the misuse of any data you share or transmit through use of virtual and remote communications. You further acknowledge and agree that TeensWork does not assume any responsibility for availability or retention of any recordings of virtual and remote communications. You understand and agree that you access and use virtual interviews at your own discretion and risk and that TeensWork disclaims all liability arising out of your use of virtual and remote communications.
3. You understand that TeensWork is only providing the option for you to communicate with Job Seekers via services that may be offered by third-party providers. TeensWork is not a party to your virtual and remote communications and is not a participant in any arrangements you make with Job Seekers.
4. You further agree to defend, indemnify and hold TeensWork harmless from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys' fees and costs) that arise from the recording of virtual and remote communications.
V. Acting on Behalf of TeensWork
1. You agree and acknowledge that you will not make any representation that you are recruiting on behalf of TeensWork, working for TeensWork or in any form of co-employment or contractor relationship with TeensWork.
2. Additionally, nothing contained herein shall be construed to imply a joint venture, partnership, principal-agent relationship or employer-employee relationship between you and TeensWork, and neither party to these Terms shall have the right, power or authority to obligate or bind the other in any manner whatsoever, except as otherwise agreed to in writing.
L. DISCLAIMER OF WARRANTIES
1. The TeensWork App may become unavailable in whole or in part at any time without notice. The TeensWork App may rely on third parties to provide services to TeensWork, such as data hosting or processing vendors, and the TeensWork App could unexpectedly malfunction or become unavailable as a result.
2. To the fullest extent permitted by law, TeensWork disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the TeensWork search results (including Job Ads) or otherwise made available on the TeensWork App by TeensWork or third parties (including User Content), regardless of whether paid for or used for free. TeensWork disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by TeensWork for informational purposes only. TeensWork disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including User Content). TeensWork does not guarantee that the TeensWork App will always be error free, safe, or secure. TeensWork further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the TeensWork App or on other sites or services on the internet accessed through the TeensWork App. Under no circumstances shall TeensWork be liable to you or any third party on account of your use or misuse of or reliance on the TeensWork App. Additionally, under no circumstances shall TeensWork be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from the TeensWork App.
3. TeensWork further disclaims all liability for any technical malfunction of the TeensWork App, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other services provided by TeensWork as a result of technical problems or traffic congestion on the internet or any third party or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any content in connection with the TeensWork App or the TeensWork Services. Under no circumstances will TeensWork be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the TeensWork App, the Teens Work Services, or third party applications, websites, software or content posted on or through the TeensWork App or transmitted to Users or any interactions between users of the TeensWork App or the TeensWork Services, whether online or offline.
4. TeensWork reserves the right to limit or terminate any and all the TeensWork Services and/or access to the TeensWork App in specific countries or regions, at any time, due to, or during, times of war, political upheaval or uncertainty, epidemic, pandemic, riot, insurrection, terrorism or threat thereof, or civil disorder.
5. The TeensWork App, and all content, products, features and services available on or through it are provided "as is," with no warranties whatsoever, either express or implied. You use the TeensWork App and the TeensWork Services at your own risk. TeensWork and its affiliates, and its and their third-party licensors, expressly disclaim to the fullest extent permitted by law all warranties, whether express, implied, statutory or otherwise, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement of proprietary rights, title, service quality, and that the TeensWork App and the TeensWork Services provided will be uninterrupted, error free, safe, or secure. To the fullest extent permitted by law, TeensWork and its affiliates, and its and their third-party licensors, disclaim any warranties regarding the security, reliability, timeliness, and performance of the TeensWork App, and all content, products, features and services available on or through the TeensWork App. To the fullest extent permitted by law, TeensWork and its affiliates, and its and their third-party licensors, disclaim any warranties for services or goods received through or advertised on the TeensWork App or received through any links made available by TeensWork. TeensWork is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
6. You understand and agree that you download or otherwise obtain material or data through the use of the TeensWork App at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from downloading or obtaining any such material or data.
M. LIMITATION OF LIABILITY
1. To the fullest extent permitted by law, under no circumstances shall TeensWork or its affiliates, or its or their third-party licensors, be liable to any person on account of that person’s use or misuse of or reliance on the TeensWork App.
2. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary, and punitive damages or any loss of profits, revenue, interest, goodwill, loss or corruption of data or any loss of or interruption to the User’s business, whether such claim is based on warranty, contract, tort (including negligence), indemnity, or otherwise, even if TeensWork or its affiliates, or its or their third-party licensors, have been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any remedy.
3. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the TeensWork App, from reliance or damage caused by information posted on the TeensWork App, from inability to use the TeensWork App, or from the interruption, suspension, or termination of the TeensWork App (including such damages incurred by third parties).
4. This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the TeensWork App or received through any links made available on the TeensWork App.
5. This limitation shall also apply to the costs of procurement of substitute goods or services, lost profits, or lost data, and to the performance or non-performance of the TeensWork App or any information or merchandise that appears on, or is linked or related in any way to, the TeensWork App.
6. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy, and to the fullest extent permitted by law.
7. To the extent permitted by law, the maximum aggregate liability of TeensWork and its affiliates, and its and their third-party licensors, for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be limited to the amount you paid TeensWork to use the TeensWork App.
8. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the limitations set forth in the preceding paragraph may not apply to you. If any are held applicable or unenforceable for any reason, then TeensWork’s maximum liability to you for any non-direct type of damages shall be limited to U.S. $ 200.00 in the aggregate. In no event shall TeensWork (or any of its officers, directors, shareholders, employees, subsidiaries, affiliates, agents or advertisers), be liable for any direct damages in excess in the aggregate of U.S. $ 200.00.
9. TeensWork makes no representations or guarantees regarding the effectiveness of the TeensWork Services or timeliness of the TeensWork Services in meeting your Job Seeker’s objectives. TeensWork does not guarantee that the TeensWork Services will result in candidates being hired, positions being filled or Job Seekers being retained, and is not responsible or liable for any business, employment, hiring and/or salary decisions, for whatever reason made, by you.
N. COPYRIGHT
I. Battling Intellectual Property Infringements
Upon receipt of notices complying with the Digital Millennium Copyright Act ("DMCA"), TeensWork may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. TeensWork will terminate access for Users who are repeat infringers. We also may, at TeensWork’s discretion, limit access to the TeensWork App and terminate access of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
II. Notification on Intellectual Property Infringement
DMCA provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by TeensWork infringe your copyright, you (or your agent) may send us a notice via the email address specified in the "Contacts" section of the TeensWork App requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow TeensWork to locate the material on the site; (iv) the name, address, telephone number, and email address (if available) of the complaining party; (v) a statement that the complaining party has 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; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
III. Counter Notification on Intellectual Property Infringement
If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you shall file a counter notification via the email address specified in the "Contacts" section of the TeensWork App.
IV. Protection of Intellectual Property
1. Unless otherwise indicated, the TeensWork Services and all content, materials, information, functionality and other materials displayed, performed, contained or available on or through the TeensWork Service, including, without limitation, the TeensWork logo, and all designs, text, graphics, pictures, information, data, sound files, images, illustrations, software, other files, and the selection and arrangement thereof (collectively, the "Materials") are the proprietary property of TeensWork or its affiliates or licensors, and are protected by U.S. and international copyright laws and other intellectual property rights laws. Except as otherwise provided, subject to your compliance with all of the terms and conditions of these Terms, and in consideration of your promises reflected herein, we grant to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access and use the TeensWork App, (ii) cause the Materials to be displayed from a computer and/or mobile device and (iii) use the Materials, solely as permitted under these Terms (the "License"). You may terminate your License to access or use the TeensWork App and the TeensWork Services by closing your TeensWork Account at any time. TeensWork and its affiliates and licensors reserve all rights not expressly granted to you in these Terms. You agree that these Terms do not grant you any rights in or licenses to the TeensWork Services, the TeensWork App or the Materials, except for this express, limited License. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Materials or any other part of the TeensWork Service or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you agree not to frame or display the TeensWork Service or Materials (or any portion thereof) as part of any other website or any other work of authorship without our prior written permission. The License granted under this Section N will automatically terminate if we suspend or terminate your access to the TeensWork App and/or the TeensWork Services.
2. You understand and acknowledge that TeensWork or its affiliates, or its or their licensors, owns all right title and interest to the TeensWork App and all proprietary rights associated therewith. TeensWork reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the TeensWork App, other than your User Content. Any use of Materials, any derivative use of the TeensWork App is strictly prohibited. In no event may you frame any portion of the TeensWork App or any materials contained therein. The materials on the TeensWork App are provided with "Restricted Rights." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the Materials by the Government constitutes acknowledgment of TeensWork’s proprietary rights in them.
V. Trademarks
TeensWork graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of TeensWork or its affiliates in the U.S. and/or other countries, and may not be copied, imitated, or used, in whole or in part, without TeensWork’s prior written consent. You will not use any trademark, product or service name of TeensWork without our prior written permission, including without limitation any metatags or other "hidden text" utilizing any trademark, product of service name of TeensWork. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by TeensWork.
VI. Termination of the License
TeensWork may revoke or terminate your License to access or use the TeensWork Services and/or the TeensWork App for any reason without notice at TeensWork’s sole discretion. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in these Terms or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the TeensWork Services and/or the TeensWork App and/or Materials, or any other TeensWork product or service, or (iii) use the TeensWork Services and/or the TeensWork App or the Materials other than as specifically authorized in these Terms, without our prior written permission. You will stop accessing or using the TeensWork Services immediately if TeensWork suspends or terminates your License to access or use the TeensWork Services. TeensWork reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the TeensWork Services during suspension or after termination. TeensWork may recover its reasonable attorneys' fees and court costs from you for such action. These Terms will remain enforceable against you while your License to access or use the TeensWork Services is suspended and after it is terminated.
VII. License to Use User Content
1. When you provide User Content you grant TeensWork a license to use it. Specifically, you grant TeensWork a nonexclusive, worldwide, perpetual, revocable only as described below, fully paid, royalty-free, transferable, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reformat, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content you post or submit, for the purpose of publishing material, maintaining or improving TeensWork and promoting TeensWork and such User Content without restriction. No compensation in any form shall be due or payable to you in connection with TeensWork’s exercise of its rights under the license granted under this Section N To the extent any compensation may be due under applicable law as a result of, or in connection with, TeensWork’s exercise of these rights, you hereby waive any and all rights to such compensation to the maximum extent permitted under applicable law. TeensWork shall terminate this licensed use within a commercially reasonable term after User Content has been removed from the TeensWork App. TeensWork reserves the right to refuse to accept, post, display or make available any User Content at its sole discretion.
2. Furthermore, you grant to TeensWork, its affiliates, and sublicensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any TeensWork marketing materials containing or incorporating such User Content, or (iii) any actions by TeensWork to promote or publicize such User Content, such as the use of keywords in third-party internet search engines. To any extent that such User Content contains your name, likeness, voice or image, you hereby irrevocably waive all legal and equitable rights relating to claims for violation of your rights of publicity (or any similar claims) arising directly or indirectly from TeensWork’s exercise of its rights pursuant to the license granted hereunder.
3. You represent and warrant that: (i) you own the User Content that you provide, or that you have the right to grant this license, (ii) your User Content, and TeensWork’s use of it, will not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or other rights of any person, and (iii) use of your User Content will not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person by reason of such User Content. You agree to defend, indemnify and hold harmless TeensWork and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section N for any such User Content, please send a certified letter of request to the address listed in the "Contacts" section of the TeensWork App with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (i) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (ii) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow TeensWork to locate and remove such User Content on the TeensWork App; (iii) your name, address, telephone number, and email address; (iv) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (v) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content.
O. QUESTIONS & COMPLAINTS
1. At your discretion, you may provide feedback or opinions about TeensWork or the TeensWork App, such as identifying potential errors, improvements, modifications, bug fixes, or enhancements ("Feedback"). TeensWork is free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. If you provide Feedback to TeensWork, you hereby grant to TeensWork a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. TeensWork may disclose any or all Feedback to any third party in any manner, and may sublicense any or all Feedback in any form to any third party without restriction. Accepting any Feedback does not constitute a waiver of any rights to use similar or related ideas previously known to TeensWork, or developed by its employees, or obtained from sources other than you.
2. TeensWork does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit Feedback on the TeensWork Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions or materials. If, despite this notice, you send TeensWork creative suggestions, ideas, drawings, concepts, inventions, or other information (the "User Submission"), you understand and agree that the User Submission shall become the property of TeensWork. User Submission and any elements contained in User Submissions shall not be subject to any obligation of confidentiality on TeensWork’s part, and TeensWork will not be liable for any use or disclosure of any User Submission. TeensWork shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
3. If you have a question or complaint regarding the TeensWork App, please contact us via the email address identified in the "Contacts" section of the TeensWork App. Do not include credit card information or other sensitive information in your email correspondence with us.
P. INDEMNITY
You agree to defend, indemnify, and hold harmless TeensWork (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the TeensWork App, any Post posted by you, your use of the TeensWork Services or your breach of these Terms. TeensWork shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
Q. ARBITRATION
I. Agreement to Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings arising out of or related to a violation of Section B or disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents (collectively, "Disputes"), you and TeensWork agree (i) to waive your and TeensWork’s respective rights to have any and all Disputes arising from or related to these Terms, the TeensWork Services or the Materials, resolved in a court, and (ii) to waive your and TeensWork’s respective rights to a jury trial. Instead, you and TeensWork agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
II. No Class Arbitration
You and TeensWork agree that any Dispute arising out of or related to these Terms, the TeensWork Services or the Materials is personal to you and TeensWork and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and TeensWork agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and TeensWork agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
III. Federal Arbitration Act
You and TeensWork agree that the enforceability of this Section Q shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA"), to the maximum extent permitted by applicable law.
IV. Notice; Informal Dispute Resolution
You and TeensWork agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to TeensWork shall be sent by certified mail or courier to the address specified in these Terms above. Your notice must include (i) your name, postal address, telephone number, the email address you use or used for your TeensWork Account, and, if different, an email address at which you can be contacted, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking. Our notice to you will be sent to the email address you used to register for your TeensWork Account, and will include (a) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (b) a description in reasonable detail of the nature or basis of the Dispute, and © the specific relief that we are seeking. If you and TeensWork cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or TeensWork may, as appropriate and in accordance with this Section Q commence an arbitration proceeding, or to the extent specifically provided for in section Q (I), file a claim in court.
V. Process
Except for Disputes arising out of or related to a violation of Section B or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and TeensWork agree that any Dispute must be commenced or filed by you or TeensWork within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and TeensWork will no longer have the right to assert such claim regarding the Dispute). You and TeensWork agree that (i) any arbitration will occur in King County, Washington, (ii) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services ("JAMS"), which are hereby incorporated by reference, and (iii) that the state or federal courts of the State of Washington and the United States, respectively, sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court. By agreeing to be bound by these Terms, you either (i) acknowledge and agree that you have read and understand the rules of JAMS, or (ii) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
VI. Authority of the Arbitrator
As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
VII. Severability of the Present Section
If any term, clause or provision of this Section Q is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section Q will remain valid and enforceable. Further, the waivers set forth in Section Q (II) are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
VIII. Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section Q by writing to the TeensWork’s address specified in these Terms above. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt-out of binding arbitration.
IX. Governing Law
1. These Terms, your access to and use of the TeensWork Services and Materials shall be governed by and construed and enforced in accordance with the laws of the State of Washington without regard to conflict of law rules or principles (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
2. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Washington and the United States, respectively, sitting in King County, Washington.
R. MISCELLANEAOUS
I. E-signatures
The TeensWork App may offer e-signature options, which may be powered by a third-party service provider. By using e-signatures on the TeensWork App, you agree that your e-signature is intended to authenticate the document you are signing, and your e-signature will have the same force and effect as a manual signature. TeensWork is not a legal record keeper. Your use of e-signatures is at your own risk, and it is your responsibility to ensure that your document is received and to retain your own copies.
II. Entire Agreement; Order of Precedence
1. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the TeensWork Services, written or oral.
2. These Terms do not alter the terms and conditions of any other electronic or written agreement you may have with TeensWork for the TeensWork Service or for any other TeensWork product, feature, service or otherwise.
3. In the event of any conflict between these Terms and any other agreement you may have with TeensWork, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
III. Notice on Amendments
We reserve the right to make changes or modifications to these Terms occasionally, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending you an email to the email address specified in your TeensWork Account (and is deemed received when sent) and/or by posting the amended Terms via the TeensWork App and updating the "Last Updated" date at the top of these Terms (and is deemed received no more than five (5) days after having been posted via the TeensWork App). All amended Terms will become effective immediately on the date they are posted to the TeensWork App unless we state otherwise via our notice of such amended Terms. Any amended Terms will apply prospectively to use of the TeensWork App after such changes become effective. Your continued use of the TeensWork App following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you must discontinue using the TeensWork App. Written or phone communication between you and a TeensWork employee is not a modification or amendment of these Terms. Any notices to TeensWork must be sent to the applicable TeensWork entity identified in the "Contacts" section of the TeensWork App via certified first class or air mail or overnight courier, and are deemed given upon receipt.
IV. Severability
If any provision of these Terms becomes illegal, invalid or unenforceable, that shall not affect the validity or enforceability of any other provision of these Terms; or the validity or enforceability of that or any other provision of these Terms under other jurisdictions.
V. Waiver
Our failure or delay in exercising any right, power or privilege under these Terms will not operate as a waiver thereof.
VI. Relationship
TeensWork is an independent contractor for all purposes, and is not your agent or trustee. You are also not an agent of TeensWork. TeensWork and you are not in a legal partnership or employment relationship. When TeensWork provides the TeensWork App or any related services to you, it is solely as a service provider.
VII. Assignment
You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from TeensWork, including by operation of law or in connection with any change of control. TeensWork may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
VIII. Headings
Headings of sections and paragraphs are for convenience only and will not be used to limit or construe such sections and/or paragraphs.
IX. Survival
Sections L, M, P, Q, R and any other section and/or term that, by its nature, should survive, will survive any termination or expiration of these Terms.
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