Terms and Conditions

This Strongwork Employer Agreement (the “Agreement”), effective as of April 23, 2014 states the terms and conditions that govern the contractual agreement between Strongwork, LLC, (“Strongwork”) and you (the “Employer”) who agrees to be bound by this Agreement in regard to the Employer’s access to www.Strongwork.com (the “Site”), which is owned and operated by Strongwork. The terms of the Strongwork User Terms of Use (located here) are incorporated herein and thus this Agreement should be considered a supplement to the terms outlined therein for employers that avail themselves of Strongwork’s business account services.

This Terms of Use Agreement (the “Agreement”), effective as of April 23, 2014 states the terms and conditions that govern the contractual agreement between Strongwork, LLC, (“Strongwork”) and you (the “User”) who agrees to be bound by this Agreement in regard to the User’s access to www.Strongwork.com (the “Site”), which is owned and operated by Strongwork.

1. STRONGWORK.COM. Through the Site, Strongwork facilitates a venue through which Users – comprised of potential employees (“Job Seekers”) and employers (“Employers”) – may connect and seek out potential employment relationships. Specifically, the services offered are limited to a resume forwarding service. Job Seekers may use the Site to search for and apply to jobs. All Job Seekers who use the Site to create an Application (“Applicants”) will be placed on a waitlist managed by Strongwork (“the Strongwork Waitlist”).  Employers may then choose to engage with Applicants on the Strongwork Waitlist (the “Service”). By logging onto the Site and/or using the Service, the User agrees to this Agreement and the associated Privacy Policy located elsewhere on the Site. Employers must agree to the Strongwork Employer Agreement, into which the terms of this Agreement are incorporated. Key terms for the purposes of this Agreement are as follows:

1. “Resume” means any content uploaded and published by the User using the Site’s custom resume builder.
2. “Contact Information” means name, email, and phone number.
3. “Applications” are created when a Job Seeker clicks on the apply button for a job.  An Application is the combination of the Job Seeker’s Contact Information and Resume and their agreement to share this information with the suspected Employer of this job.  A Job Seeker may have multiple Applications for different jobs to the same Employer.

2. RELATIONSHIP BETWEEN THE USER AND STRONG WORK. The User acknowledges and agrees that Strongwork is not a party to any agreements between Users. Strongwork merely provides a venue through which Users may connect for employment opportunities. Strongwork maintains no control over the use of the Services by Users and does not guarantee or make any representations with regard to the truth or accuracy of any content posted on the Site through the Services by any User. It is merely provided “as-is.” This Agreement shall not be construed as creating or implying any relationship of agency, partnership, or joint venture between Strongwork and any User of the Site except, and solely limited to the relationship expressly described herein.

3. NO GUARANTEE.

1. The User agrees and acknowledges that Strongwork has not made any representations or warranties that use of the Service will result in employment, opportunities for employment, delivery of Applications to any Employer, acceptance of  Applications by any Employer, or purchase of Applications by any Employer. Certain Employers may never desire to hire Applicants using the Service.
2. The User agrees and acknowledges that Strongwork merely provides information regarding potential jobs that it has in its database and there may be other jobs available that are not displayed. Furthermore, the Employers that have jobs listed on the Site may be using additional means to hire employees and may not exclusively be seeking employees through the Site.

4. GENERAL PERMISSIONS AND RESTRICTIONS WITH REGARD TO USE OF THE SITE.

1. Strongwork grants the User a limited license to access and make personal use of the Site and not to download (other than page cacheing) or modify any portion of the Site. This license does not include any resale or commercial use of the Site or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of this Site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools.
2. The User agrees not to use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site. The User will not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure. The User agrees not to use any robot, spider, other automatic device, or manual process to monitor or copy any content from the Site, unless such use is by a search engine employed to direct Internet users to the Site.
3. The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. The User may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Strongwork or its associates without express written consent. The User may not use any meta tags or any other "hidden” text utilizing Strongwork’s name or trademarks without the express written consent of Strongwork.
4. Any unauthorized use terminates the permission or license granted by Strongwork to the User. The User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site so long as the link does not portray Strongwork, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

5. USER GENERATED CONTENT.

1. The User may have the opportunity to post a variety of content on the Site without Strongwork’s approval (the “Content”). The User agrees that in using the Service and the Site, the User shall not post any Content that: (i) advocates for the commission of any illegal activity; (ii) advocates or professes violence or intolerance toward any specific individual, organization, or belief; (iii) is misleading or inaccurate information that was posted with the intent of misleading other users; (iv) may be deemed obscene (at the sole discretion of Strongwork); (v) may cause a liability for Strongwork, or may cause Strongwork to lose (in whole or in part) the services of any ISPs or suppliers; or (vi) infringes upon the intellectual property or any other right of any third party.
2. The User shall not, through the Service or the Site: (i) impersonate any person or entity; (ii) harass any other users of the Site; or (iii) state or imply that any posted Content is endorsed by Strongwork.
3. The User hereby assigns all copyright, including (but not limited to) rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any Content throughout the world in any media. To the extent the User cannot assign such rights, the User grants to Strongwork a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any Content throughout the world in any media. The User grants Strongwork and its sublicensees the right to use the name that the User submits in connection with such Content, if the party so chooses. The User represents and warrants that the User owns or otherwise controls all of the rights to the posted Content and that the Content is accurate.

6. VERIFICATION AND MODERATION OF CONTENT. The User agrees and acknowledges that Strongwork does not verify the truth or accuracy of any Content, whether pertaining to (including, but not limited to) the qualifications of any User, any hospital location, the existence of any job opening, the Site, or the Service and that all Users shall verify the truth and accuracy of any representation made by any User of the Site prior to taking any action based on such Content.

7. INTELLECTUAL PROPERTY. The Site holds certain content, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software, that is the property of Strongwork or its content suppliers and protected by international copyright laws. The Site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights belonging to Strongwork and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Strongwork and/or other parties is granted to or conferred upon the User.

To notify Strongwork of any copyright-infringing content, please contact us at admin@strongwork.com

8. COMMUNICATIONS. Strongwork shall be free to reproduce, use, disclose, and distribute any and all communication conducted with Strongwork through the Site including but not limited to feedback, questions, comments, suggestions and the like (the “Communications”). The User shall have no right of confidentiality in the Communications and Strongwork shall have no obligation to protect the Communications from disclosure. Strongwork shall be free to use any ideas, concepts, know-how, content or techniques contained in the Communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

9. DISCLAIMER OF WARRANTIES. The User agrees not to rely on the Site, the Services, or any information on the Site. The Services are provided “as is,” as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement, arising by statute or otherwise in law from a course of dealing or usage or trade). Strongwork disclaims all and makes no representations or warranties of any kind, either express or implied, as to the quality, identity, or reliability of any User, or as to the accuracy of the postings made on the Site by any User. Some states and jurisdictions no not allow for all the foregoing limitations on implied warranties, so some of the foregoing limitations may not apply to all Users.

10. LIMITATION OF LIABILITY. In the event of a dispute between any User and Strongwork, neither such User nor Strongwork shall be liabile for any special, indirect, consequential, incidental, or punitive damages, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill, even if advised of the possibility of such damages.

11. RELEASE OF CERTAIN CLAIMS. As the User acknowledges and agrees that Strongwork is not a party to any agreement between Users, all Users hereby release Strongwork from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute between Users, whether at law or in equity. This release does not apply to any claim that Strongwork failed to meet an obligation under this Agreement.

12. INDEMNIFICATION. The User agrees to defend, hold harmless, and indemnify Strongwork from and against any and all losses, costs, expenses, damages, or other liabilities (including reasonable attorneys’ fees and costs) incurred by Strongwork arising from or related to any cause of action, claim, suit, proceeding, demand, or action brought by a third party against Strong work (a) in connection with the User’s use of the Site or Services; (b) in connection with any Content posted to the Site by the User; or (c) any harm caused by any party with whom the User engaged through the Services.

13. TERM AND TERMINATION. This Agreement will remain in effect until terminated by either party. If the User is dissatisfied with the Service or any of the terms and conditions contained herein, the sole and exclusive remedy is to terminate the User Account. The User may cancel the User Account and participation in the Service at any time. Notwithstanding anything contained in this Agreement to the contrary, Strongwork may, in its sole discretion, terminate the User Account, and discontinue the User’s participation in the Service. Reasons for Strongwork’s determination to so terminate or discontinue the User’s Account or participation as provided for above, include, but are not limited to, if Strongwork believes that the User has violated this Agreement or other policies or guidelines of the Service or that of any other party, or if Strongwork believes that the User’s conduct may be harmful to other consumers, advertisers or licensees who participate in or facilitate the Service.

14. MANDATORY ARBITRATION. If the User and Strongwork have not been able to resolve a dispute within 60 days of Strongwork being notified or notifying the User of such dispute, both parties agree to resolve any dispute by binding arbitration before a mutually-agreed-upon arbitrator located in San Diego County, California.

1. The User agrees that the Federal Arbitration Act and the internal substantive laws of the State of California, REGARDLESS OF THE USER’S COUNTRY OR STATE OF ORIGIN OR FROM WHERE THE USER ACCESSES THE SITE, and regardless of any principle of law that may provide for the application of the law of another jurisdiction will govern this Agreement. The User agrees that any claim or dispute the User may have against Strongwork must be resolved by a court located in San Diego County, California. The User hereby submit to the exclusive personal jurisdiction of the courts located within San Diego County, California for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, you and Strongwork retain the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the arbitration provision below including any provisional relief required to prevent irreparable harm.

15. ERRORS AND OMISSIONS. The Site may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to the Service. Strongwork shall not assume responsibility or liability for any such inaccuracies, errors or omissions. Strongwork reserves the right to make changes, corrections, cancellations and/or improvements to any information contained on the Site, and to the Services, at any time without notice.

16. THIRD PARTY LINKS. There are links on the Application that lead to third party websites, including those of advertisers. Strongwork is not responsible for the privacy policies of those websites or the cookies those websites use. In addition, because Strongwork has no control over such websites and resources, the User acknowledges and agrees that Strongwork is not responsible for the availability of such websites, does not endorse, and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites.

17. NOTICE TO USERS IN CALIFORNIA. Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

18. MODIFICATION. Strongwork has the right at any time or from time to time to modify or amend this Agreement. Should Strongwork choose to modify this Agreement the Site will display such changes, which will be User’s only notification of any such change. Any use of the Site or the Service by User after such notification shall constitute User’s acceptance of the modified or amended terms. No modification to this Agreement made by User shall be binding upon Strongwork.

19. FORCE MAJEURE. In the event that Strongwork is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of natural disaster, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure not the fault of Strongwork or other causes beyond Strongwork’s reasonable control (a “Force Majeure Event”) Strongwork shall immediately give notice to the User and shall do everything possible to resume performance. Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended. If the period of nonperformance exceeds seven (7) days from the receipt of notice of the Force Majeure Event, the User may by giving written notice immediately terminate this Agreement.

20. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.

21.VENUE. This Agreement and the interpretation of the terms herein shall be governed by and construed in accordance with the laws of the State of California, without regard to the principles of conflict of laws. The User irrevocably submits to the exclusive jurisdiction of the federal and state courts located in San Diego County, California.