Updated April 22nd, 2016
Please read the following general website Terms and Conditions ("T&Cs" or “Agreement”) carefully before accessing the www.live-resume.com website, registering with or opening a free or premium account (“Account”) on the www.live-resume.com website, creating a profile (“Profile”) which may or may not include any personal or business related information you provide or questions you answer while setting up a profile on the www.live-resume.com website, creating and posting resumes, creating and posting video resumes, creating and posting profile pictures or logos, creating and posting jobs, or using any of the various services (“Services”) that are provided on the www.live-resume.com website as defined below, so that you are aware of your legal rights and obligations with respect to the www.live-resume.com website or LiveRes LLC., Inc. and any of its affiliates, parents and subsidiaries (individually and collectively known as: "we", "us", "our" or "LVR").
LVR IS NOT AN EMPLOYMENT AGENCY OR REFERRAL AGENCY. THE SERVICES AND INFORMATION THAT IS BEING PROVIDED AS PART OF THE SITE IS NOT INTENDED AS AN EMPLOYMENT REFERENCE OR AS ADVICE, BUT MERELY PROVIDES A SEARCH AND DISCOVERY PLATFORM FOR INDIVIDUALS, JOB-SEEKERS, VETERANS OR ELIGIBLE PERSONS, BUSINESSES, EMPLOYERS, RECRUITERS AND STAFFING AGENCIES. YOUR ACCESS TO AND USE OF THIS SITE IS AT YOUR OWN RISK AND IS SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS AS PROVIDED HEREIN WITH.
o RECRUITERS AND RECRUITMENT/STAFFING AGENCIES ARE PROHIBITED FROM USING, SEARCHING OR REGISTERING WITH THE SITE OR USING OUR SERVICES UNLESS THEY FIRST IDENTIFY THEMSELVES AS A RECRUITER OR RECRUITMENT/STAFFING AGENCY DURING THE REGISTRATION PROCESS.
oWHILE RECRUITERS AND RECRUITMENT/STAFFING AGENCIES ARE PERMITTED, AT THEIR DISCRETION, TO CHARGE EMPLOYERS FOR ANY SERVICES THAT THEY PROVIDED, THEY ARE NOT PERMITTED TO CHARGE ANY REGISTERED INDIVIDUALS, JOB-SEEKERS, VETERANS OR ELIGIBLE PERSONS (“POTENTIAL EMPLOYEES”) FOR ANY RECRUITING FEE.- OF ANY TYPE.
oLVR IS COMMITTED TO ASSURE AND DEMANDS FROM ALL BUSINESSES, EMPLOYERS, RECRUITERS AND STAFFING AGENCIES REGISTERED ON THE SITE, THAT ALL QUALIFIED INDIVIDUALS, JOB-SEEKERS, VETERANS OR ELIGIBLE PERSONS (“POTENTIAL EMPLOYEES”) WILL RECEIVE EQUAL CONSIDERATION FOR EMPLOYMENT WITHOUT REGARD TO RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, PREGNANCY, MARITAL STATUS, SEXUAL ORIENTATION, GENDER IDENTITY, AGE, PHYSICAL OR MENTAL DISABILITY, OR COVERED VETERAN STATUS.
oLVR DOES NOT RECOMMEND, ENDORSE OR VERIFY ANY PARTICULAR INDIVIDUALS, JOB-SEEKER, VETERAN OR ELIGIBLE PERSON, BUSINESS, EMPLOYER, RECRUITER OR STAFFING AGENCY. LVR IS ONLY A PLATFORM FOR SUCH USERS TO SEARCH AND DISCOVER OPPORTUNITIES.
oTHE INFORMATION PROVIDED ON THE SITE IS GENERATED BY REGISTERED MEMBERS, INCLUDING INDIVIDUALS, JOB-SEEKERS, VETERANS OR ELIGIBLE PERSONS, BUSINESSES, EMPLOYERS, RECRUITERS AND STAFFING AGENCIES AND MAY INCLUDE STATEMENTS OF OPINION.
oTHE REGISTRATION AND USE OF THE SITE IS FREE FOR ALL USERS. HOWEVER, USERS CAN UPGRADE THEIR FREE ACCOUNT AT ANYTIME TO A PREMIUM ACCOUNT. PREMIUM ACCOUNT FEES ARE EXPLAINED PRIOR TO THE USERS INITIAL REGISTRATION AND WILL AGAIN BE EXPLAINED DURING THE UPGRADE PROCESS AND ARE SUBJECT TO CHANGE FROM TIME TO TIME AT THE ABSOLUTE AND SOLE DISCRETION OF LVR. BY ENTERING INTO THIS AGREEMENT YOU ACKNOWLEDGE THAT THE FEES BEING CHARGED FOR A PREMIUM ACCOUNT MAY HAVE AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION.
oALL FEES OR SUBSCRIPTIONS TO ANY PREMIUM SERVICES ARE FINAL. NO REFUNDS OR CREDITS SHALL BE ISSUED BY LVR FOR ANY REASON.
oYOUR ACCESS TO THE SITE AND THE USAGE OF ANY SERVICE IS VOID AND UNAUTHORIZED WHERE PROHIBITED BY APPLICABLE LAW OR REGULATION.
1. Description of the Site: The Site provides Individuals, Job-Seekers, Veterans or Eligible Persons, Businesses, Employers, Recruiters and Staffing Agencies with a platform on which to advertise, search and discover available temporary and/or permanent employment and work assignments. The Site also enables recruiting and staffing agencies (“Recruiters”) to search for eligible Employees. All activities and capabilities offered by or through the Site shall individually and collectively be referred to as “Services”. Individuals, Job-Seekers, Veterans or Eligible Persons, Businesses, Employers, Recruiters and Staffing Agencies Employees, (together “Users”) may, where and if available, submit any photograph(s), video(s), image(s), logo(s), text, rating, information or other content to the Site (“Submission(s)”.
LVR reserves the right to add, change, modify, suspend or discontinue any portion of the Site or the Service(s) offered at any time. LVR may also impose limits on certain Services or features and/or restrict your access to parts of the Site or to the entire Site in its sole and absolute discretion and without notice or liability to anyone.
3. Registration: In order to have access to certain features of the Site, Individuals, Job-Seekers, Veterans or Eligible Persons, Businesses, Employers, Recruiters and Staffing Agencies are required to create an Account. Registration of an Account for Individuals, Job-Seekers, Veterans or Eligible Persons, Businesses, Employers, Recruiters and Staffing Agencies is always free of charge. All Recruiters/Staffing Agencies must register for an account as a Recruiter/Staffing Agency and not as Individuals, Job-Seekers, Veterans or Eligible Persons, Businesses or Employers. The use of someone else’s Account is prohibited. When creating an Account on the Site, you agree to provide accurate, current and complete information ("Registration Data") as prompted by our registration form and process. Registration Data may include, but is not limited to, your name and/or company name, birth date, e-mail address, user name and password. You represent that LVR can rely on your Registration Data as accurate, current and complete. We reserves the right, at our sole and absolute discretion, to terminate your Account for inaccurate, untrue, deceptive or incomplete Registration and/or Profile Data.
4. Individual, Job-Seeker, Veteran or Eligible Person, Business, Employer, Recruiter and Staffing Agency Services: The Site offers Individuals, Job-Seekers and Veterans or Eligible Persons, the opportunity to register an Account and post their resumes, video resumes, skills, capabilities and other employment related aspirations. The Site also enables Businesses, Employers, Recruiters and Staffing Agencies to post available employment opportunities. The Site in turn runs proprietary algorithms matching Business, Employer, Recruiter and Staffing Agency -posted opportunities with Individuals, Job-Seekers and Veterans or Eligible Persons (“Matches”). All Matches are presented to the Business, Employer, Recruiter and Staffing Agency who are then provided with the opportunity to search through Individuals, Job-Seekers and Veterans or Eligible Persons customized profile (including any and all of the content and information associated or attached to that profile) and then follow up with Individuals, Job-Seekers and Veterans or Eligible Persons of their choice.
5. Premium Services for ALL Users
Premium Service is available for Individuals, Job-Seekers, Veterans or Eligible Persons via a ONE-TIME ONLY fee.
Premium access is available for Businesses, Employers, Recruiters and Staffing Agencies via recurring monthly subscriptions. The Site from time to time may post additional and new Premium Services that may require additional subscription fees.
a. The Site’s subscription and/or fees and terms for Premium Services are explained to Individuals, Job-Seekers, Veterans or Eligible Persons, Businesses, Employers, Recruiters and Staffing Agencies at the time they choose to either register a Premium account or upgrade their free account to a Premium account and are subject to change from time to time at LVR’s absolute and sole discretion. Please note that any subscriptions and/or fees that are disclosed to you in the registration or upgrade process are deemed part of this Agreement. You agree to pay LVR for all subscription and/or fees charged to your account, as per this Agreement. All charges will appear on your credit card bill.
b. Each such Premium service may have a different fee and different benefits associated with it. For Businesses, Employers, Recruiters and Staffing Agencies, this includes but is not limited to a set number of posts of currently available positions that you may submit to the Site.
c. The Site is designed to offer free services to registered Individuals, Job Seekers, Veterans or Eligible Persons. As such no Business, Employer, Recruiter or Staffing Agency of the Site may charge a fee of any kind to Individuals, Job-Seekers, Veterans or Eligible Persons. While Recruiters and Staffing Agencies are permitted, at their discretion, to charge Businesses or Employers for the services that they provided, they are not permitted to charge any Individual, Job Seeker, Veteran or Eligible Person for any fee, including any recruiting fee related to assisting them in finding a job.
d. Premium access subscriptions for Businesses, Employers, Recruiters and Staffing Agencies may be changed back to free accounts at any time by logging into the account and changing the “Plan” settings. Also, by making the account inactive, any and all recurring charges will automatically be halted.
e. Your active Premium account status, non-termination or continued use of the Premium Services reaffirms that LVR is authorized to charge your account. LVR may submit those charges for payment and you will be responsible for such charges. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you created your Premium account or upgraded your free account and subscribed to the Premium Services.
f. Credit Policy: You may terminate your Premium access subscription at any time. Upon termination, you will no longer be invoiced for future Premium access fees, as applicable. LVR, HOWEVER, WILL NOT REFUND ANY PREMIUM ACCESS FEES PAID BY YOU FOR ANY REASON WHATSOEVER, IN WHOLE OR IN PART.
Premium access can only be cancelled by either changing your “Plan” settings from a Premium account to a free account or by changing the account status to inactive. This MUST BE DONE by the registered user ONLY.
NOTE: Email notifications or any other form of communication made to LVR, in attempt to cancel or discontinue your Premium access or services will not be honored and any and all reoccurring charges made to your credit card will be valid.
6. Username and Password: As part of the registration process, Users will be asked to select a username and password unless the registration process is completed by using a LinkedIn or Facebook account in which case the Username and Password that will be associated with your LiveRes account will be the same as the LinkedIn or Facebook account used when registering. We may refuse to grant to you any username, which at our sole and absolute discretion is deemed to be invalid. Invalid usernames include, but are not limited to, usernames that are fashioned to impersonate another person or organization, are protected by trademark law or other proprietary rights, are vulgar or otherwise offensive or those that may cause confusion. These are only some examples of invalid usernames and we reserve the right, at our sole discretion, to deem any username invalid at any time both during and after registration.
a. Users are solely responsible for maintaining the confidentiality of their usernames, passwords and any and all communications and other activities that are conducted through their Accounts. Users agree not to transfer, sell or resell their usernames and passwords, or otherwise provide access to the Site, through the use of their usernames and passwords, to any third party for any reason.
b. If you have reason to believe that your Account is no longer secure, you must promptly change your password by updating your Account information and immediately notify us by e-mail at
7. General Payment Terms. The Site utilizes the services of a third party credit card processing company. When required as part of a paid Service, you agree that the credit card information or other payment information you provide is valid, unexpired and corresponds to an account that you are authorized to use. We reserve the right to request further information from you to assure security of our Services and in line with our credit card processors’ demands. No refunds or credits shall be issued by LVR for any reason.
a. Subject to the section above, you may change your Premium Account to a free account or make your Account Inactive at any time. Such changes will not affect any charges submitted prior to either of these changes being made to your account
b. Your non-termination or continued use of the Premium Services reaffirms that LVR is authorized to charge your credit card for any agreed upon Service. LVR may submit those charges for payment and you will be responsible for such charges.
8. Rules Governing Matches: As part of this Agreement, you acknowledge and agree to all of the following rules with respect to any and all Matches made on the Site:
a. LVR shall hold no responsibility and shall be fully indemnified by Individuals, Job-Seekers, Veterans or Eligible Persons, Businesses, Employers, Recruiters and Staffing Agencies for any and all claims or issues arising from the processing and submission of Matches to Businesses, Employers, Recruiters or Staffing Agencies.
b. LVR shall hold no responsibility and shall be fully indemnified by Individuals, Job-Seekers, Veterans or Eligible Persons, Businesses, Employers, Recruiters and Staffing Agencies for any and all reviews or opinions, both positive and negatives made by any Users on the Site.
c. LVR shall hold no responsibility and shall be fully indemnified by Individuals, Job-Seekers, Veterans or Eligible Persons, Businesses, Employers, Recruiters and Staffing Agencies for any and all communications, digital or otherwise, between the Individuals, Job-Seekers, Veterans or Eligible Persons, Businesses, Employers, Recruiters and Staffing Agencies.
d. All communications and/or representations made by Individuals, Job-Seekers, Veterans or Eligible Persons, Businesses, Employers, Recruiters and Staffing Agencies in connection with their Account or any Submission made will be accurate and contain all disclosures and disclaimers necessary to prevent such information from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with any applicable laws and regulations.
9. Rules Governing Behavior on the Site: You agree and acknowledge that LVR, at its sole discretion, may suspend your Account if LVR suspects, or has reason to believe, or if a person otherwise claims that you have been involved with any of the following:
a. Illegal activity, including but not limited to fraud or other illicit commercial activities or any other activity which violates any federal, state, local or foreign law whether currently in effect or hereafter enacted or amended;
b. Violation or infringement of any person's rights, including without limitation, any privacy rights;
c. Misrepresenting, over-promising, making false, deceptive or misleading statements or any other acts in violation of federal or state law; or
d. A breach of any term of this Agreement or otherwise violating LVR’s rules or policies or interfering with LVR's business.
e. Misconduct: Following the suspension of an Account, LVR may review your Account in any manner decided by LVR at its sole discretion. LVR may also pursue other remedies as allowed by law.
10. Confidentiality of Communications on the Site: As part of its Services, including online interviews and instant video chat, the Site provides Individuals, Job-Seekers, Veterans or Eligible Persons, Businesses, Employers, Recruiters and Staffing Agencies with various tools of communications.
a. In addition, the Site may now or in the future enable the recording of audio/video communications during online interviews and instant video chat. Notice of such recording will be made clear and visible to all parties involved prior to the parties moving forward and using such services and features. By moving forward and using such services and features, all parties agree to the possibility of the audio/video communications being recorded and authorize such actions.
b. LVR shall hold no responsibility and shall be fully indemnified by Individuals, Job-Seekers, Veterans or Eligible Persons, Businesses, Employers, Recruiters and Staffing Agencies for any and all recordings of audio/video communications made between any Users on the Site.
c. Efforts are made to bolster the security and confidentiality of all such communications. The above, not withstanding, never assume that any communication or interaction, whether by email, text, messaging, voice or video provided by or through the Site or Services is privileged or confidential.
d. LVR assumes no responsibility and shall have no liability whatsoever for your use of the Site or Services in any manner not in compliance with applicable confidentiality or privileged standards, laws, rules and regulations.
11. License Granted to Users: As a User of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated content) and Services in accordance with this Agreement. We retain the right to terminate this license, without notice, at our sole and absolute discretion, at any time for any reason whatsoever. We also reserve any rights not explicitly granted in these T&Cs.
12. Term/Termination: We may decide at any time at our sole and absolute discretion whether to remove and/or terminate a User’s access to the Site or our Services, for any reason, including but not limited to violations of these T&Cs. We may or may not provide notice to you of such termination through any reasonable means including, but not limited to, sending notice to you at the e-mail address that you provided during or subsequent to registration. Such termination is effective when executed by us or upon transmittal by us. However, your obligations of indemnification as provided herein shall survive any termination or the cancellation of your Account. Withdrawal of consent or request to have your Account terminated will have no effect on the legal validity and/or enforceability of these T&Cs for the time period prior to your request and during the time period needed for us to reasonably act to comply with your request.
13. Use of Content on Site: Any information listed, uploaded, posted or made available by Individuals, Job-Seekers, Veterans or Eligible Persons, Businesses, Employers, Recruiters and Staffing Agencies are those of the respective parties and not of LVR. Such Users are solely responsible for the accuracy, completeness or usefulness of such content. LVR does not guarantee the accuracy, completeness or usefulness of any information made available by Individuals, Job-Seekers, Veterans or Eligible Persons, Businesses, Employers, Recruiters and Staffing Agencies on the Site and neither adopts, endorses, nor is responsible for the accuracy, completeness or reliability of any statement made on the Site. The Users understand and agree that LVR will not be responsible for, and Users hereby agree to hold LVR harmless from, any and all loss or damage resulting from anyone's reliance on information or other content posted on the Site by Individuals, Job-Seekers, Veterans or Eligible Persons, Businesses, Employers, Recruiters and Staffing Agencies. You may access such information solely as intended through the normal functionality of the Site.
a. Proprietary Rights to Site Content: The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to us or the Users, subject to copyright and other intellectual property rights. The copying, redistribution or publication by you of any part of the Site and Services is strictly prohibited. You do not acquire ownership rights to any Content, Marks, Services or other materials viewed at, on or through the Site and Services. The posting of information or material at or on the Site by us or any User does not constitute a waiver of any right in such information and materials.
b. Active / Inactive Account Status: Individuals, Job-Seekers, Veterans or Eligible Persons, Businesses, Employers, Recruiters and Staffing Agencies can activate or deactivate a registered account as often as they would like. The de-activation of an account does not delete any content that was provided by the registered user, including the text, photos, videos, logos, documents including but not limited to resumes or any and all other information provided by Individuals, Job-Seekers, Veterans or Eligible Persons, Businesses, Employers, Recruiters and Staffing Agencies. LVR is not obligated and will not remove or delete from its database any content or information that was provided by a registered user at the time the account was registered and created, regardless of a verbal or written request that may or may not be made by the registered user.
14. Rules Governing Submissions and online Conduct. This section governs the Submission by any User, whether Individuals, Job-Seekers, Veterans or Eligible Persons, Businesses, Employers, Recruiters or Staffing Agencies, of any photograph, audio, music, video, image, text, rating, comment or other content to the Site. As Users of the Site you may make Submissions. LVR does not condone or tolerate the Submission of false, misleading, illegal or inappropriate content. By posting your Submissions, or attempting to post your Submissions, you hereby agree, and are fully subject, to these content terms ("Content Terms"). These Content Terms govern each and every Submission that you post to the Site. In consideration for posting your Submissions to the Site, you represent, warrant and agree that:
b. The Submissions do not contain obscene material including, without limitation, violence, other illegal activities or contraband;
c. You have full rights to use and dispose of any rights associated with the Submissions;
d. No other party has any rights, including intellectual property rights, to the Submissions;
f. LVR may, at its sole and absolute discretion, choose to screen Submissions and reject any Submissions for any reason, or no reason, whatsoever;
g. You are subject to any other guidelines and/or rules and regulations that may appear at the Site; and
h. You agree not to:
i. post, or attempt to post, any text, audio, music, photographs, videos or other images containing offensive or confidential information;
ii. impersonate any other Individual, Job-Seeker, Veteran or Eligible Person, Business, Employer, Recruiter or Staffing Agency or entity;
iii. "stalk" or otherwise harass any User via the Site;
iv. engage in advertising to, or solicitation of, other Users to buy or sell any products or services through third party websites;
v. transmit any chain letters, spam or junk e-mail to other Users;
vi. express or imply, without our specific, prior, written consent that any statements you make are endorsed by LVR;
vii. "harvest" or collect personal information about other Users, whether or not for commercial purposes, without their express consent;
viii. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
ix. post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of LVR or the owner of such proprietary rights;
x. access Submissions or the Site through any technology or means other than through the means provided on the Site or other explicitly authorized means LVR may designate;
xi. remove any copyright, trademark or other proprietary rights notices contained on the Site;
xii. interfere with or disrupt the Site, servers or networks connected to the Site;
xiii. post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
xiv. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site;
xv. "frame" or "mirror" any part of the Site, without our specific, prior written authorization;
xvi. use metatags, code or other devices containing any reference to LVR or the Site in order to direct any person to any other website for any purpose; and/or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so; or
xvii. use the Site, including any tools or technologies made available therein, for any commercial purpose not otherwise permitted or intended herein, without the prior written consent of LVR.
15. Digital Millennium Copyright Act
a. If you are a copyright owner or an agent thereof and believe that any Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (defined below) with the following information in writing (see 17 U.S.C. 512(c)(3) for more detail):
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
· Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
· 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
· 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.
LVR’s designated Copyright Agent to receive notifications of claimed infringement is:
Copyright Agent c/o LiveRes LLC.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
b. Counter-Notice. If you believe that your Submissions that were removed (or to which access has been disabled) were not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content in your Submissions, you may send a counter-notice containing the following information to the Copyright Agent:
· Your physical or electronic signature;
· Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
· A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
· Your name, address, telephone number, and e-mail address;
· a statement that you consent to the jurisdiction of the federal court in Miami-Dade County, Florida; and
· a statement that you will accept service of process from the person who provided notification of the alleged infringement.
17. Indemnification: You agree to indemnify, defend and hold us, and our subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees (each a "Covered Party"), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Site or the Services or (ii) arising from your violation or breach of any term of these T&Cs or any policies, rules or guidelines referenced herein.
18. Warranties: You expressly agree that access and use of the Site and Services is at your sole risk. The Site and Services are provided on an "AS IS" and "AS AVAILABLE" basis, without any express or implied warranty of any kind, including, but not limited, non-infringement of intellectual property. The Site and Services may contain bugs, errors, problems or other limitations.
a. LVR is not an employment agency, recruiting or referral agency. The Services and information provided as part of the Site are not intended as offers of employment, but merely provide a search and discovery platform for Employees and Employers. Your access to and use of this Site is at your own risk and subject to additional terms and conditions as provided herein with.
b. Information Submitted by Users will not be construed to create a duty of care in LVR or a warranty of any kind. You understand and agree that LVR takes no responsibility and cannot be held liable for the information Submitted to the Site or other websites linked to or through the Site. You agree to hold LVR harmless for any and all inaccuracies, omissions, errors, loss of data, corruption of data, failure of hardware, failure of the Site, or misuse of the Site.
c. LVR and the Covered Parties have no liability whatsoever for your use of, or inability to use, the Site or Services to the fullest extent permitted by applicable law. LVR and the Covered Parties are not liable to you or to any third party for any indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
d. The negation of damages set forth above is a fundamental element of the basis of the bargain between LVR and you. The Site and Services would not be provided to you without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site and/or Services shall create any warranty, representation or guarantee not expressly stated in this Agreement.
e. You agree that LVR is not the publisher of Submissions found on the Site and, as such, shall not be liable for damages arising there from including, without limitation, any and all criminal or civil liability.
19. Third-party Websites: The Site may contain links, banner advertisements, pop-ups or other online methods to redirect you to other third party websites, including Employers’ websites, not owned or controlled by LVR. LVR has no control over and assumes no responsibility or liability for the content or privacy policies of any third party site. By using the Site, you expressly relieve LVR from any and all liability arising from your use of any third party website. Furthermore, LVR does not endorse and is not responsible or liable for any content, advertising, services, products or other materials at or available through such third party websites or resources, or for any damages or losses arising there from. Accordingly, you are encouraged to be aware when you leave the Site and to read the terms and conditions and privacy policies of each other website that you visit. You will be bound by the terms and conditions, privacy policies, and rules and regulations of any third party website you access through the Site.
20. Miscellaneous: Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with, the Site or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision, or any other provisions in this Agreement. You expressly authorize us to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
21. Dispute Resolution: If a dispute arises between you and LVR, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and LVR agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Services (a "Claim") in accordance with the subsections below or as we and you otherwise agree in writing. We strongly encourage you to first contact us directly to seek a resolution by sending an e-mail to
. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
a. Choice of Law and Forum- This Agreement shall be treated as though it were executed and performed in Miami-Dade County, Florida and shall be governed in all respects by the laws of the State of Florida without regard to conflict of law provisions. You agree that any Claim or dispute you may have against LVR must be resolved by a court located in Miami-Dade County, Florida, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Miami-Dade County, Florida for the purpose of litigating all such Claims or disputes.