1. Use Terms.
Prehired, LLC (“Our”, “We”, "Us", “Company” or “Prehired”) operates this website, prehired.app (the “Site”), where you can access and utilize your Membership Privileges if you are a customer. These Terms and Conditions (the “Terms”) binds you or the company you represent ("you" or "your") to the rights and obligations in connection with your use of the Site. By accessing or using the Site in any way, you agree to be bound by these Terms and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
If you signed an Income Share Agreement (“ISA”) or Membership Agreement (“MSA”), these Terms are an addendum to your ISA or MSA. Any capitalized terms not defined herein shall have the respective meanings given to them in the ISA and MSA. To the extent any of these Terms directly conflict with your ISA or MSA, these Terms shall govern and control; provided, however, if these Terms are silent on a matter that is expressly included in your ISA or MSA, then the respective ISA or MSA shall control.
If you do not agree with any of these Terms, you are prohibited from using or accessing this Site. The materials contained in this Site are protected by applicable copyright and trademark law.
From time to time, we may make modifications, deletions or additions to the Site or these Terms. It is your responsibility to check these Terms periodically for changes.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Company’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Company’s website;
remove any copyright or other proprietary notations from the materials;
or transfer the materials to another person or ‘mirror’ the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Our Limited License to You
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us.
More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
4. Your License to Us
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook or LinkedIn postings, photos and videos) to us via the Site, internet groups, social media venues or posts mentioning or tagging us, or to any of our staff via email, text or otherwise, you are representing:
(i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and
(ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose.
The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, or others as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to Prehired from their creation. Thus, Prehired shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Prehired determines.
In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Prehired all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity.
You acknowledge that Prehired has the right but not the obligation to use and display any postings or contributions of any kind and that Prehired may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
5. Disclaimer and Limitation of Liability
To the extent permitted by law, we and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “Prehired Parties”) disclaim all warranties and terms, express or implied, with respect to the Site, content or services (including third party services) on or accessible through the Site, including any warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, or arising from course of dealing, course of performance or usage in trade. In no event shall the Prehired Parties be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Site for (a) any special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (however arising) or (b) damages in excess of (in the aggregate) US$100.
6. Revisions and Errata
The materials appearing on Company’s website could include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its website are accurate, complete, or current. Company may make changes to the materials contained on its website at any time without notice. Company does not, however, make any commitment to update the materials.
7. Links
Company has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Company of the site. Use of any such linked website is at the user’s own risk.
8. Governing Law and Arbitration
These Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. Notwithstanding the foregoing, any dispute, claim or controversy arising out of or relating to these Terms, your MSA or ISA, or the breach or default thereof ("Claim"), shall be settled by arbitration administered by Ejudicate, Inc (d/b/a ejudicate.com) in accordance with its then published rules effective at the time a Claim is made, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If Ejudicate is unable to serve as administrator, then Prehired shall appoint a different neutral arbitrator and notify you within 14 days of the newly appointed administrator.
You consent to electronic service of process, with service to be made to your email address used in the electronic signing of the ISA, MSA, or this Site. We consent to electronic service of process, with service to be made to [email protected]. Each party will be responsible for their own expenses associated with a Claim.
Notwithstanding the foregoing, if a Claim that Prehired wishes to assert against you is cognizable in a small claims court (or an equivalent court), Prehired may pursue such Claim in that small claims court; however, if the Claim is transferred, removed, or appealed to a different court, it shall be resolved by arbitration administrated by Ejudicate.
CLASS ACTION WAIVER: IF A CLAIM IS ARBITRATED, NEITHER YOU NOR PREHIRED WILL HAVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER. THE ARBITRATOR MAY JOIN OR CONSOLIDATE CLAIMS WITH THE CLAIMS OF OTHER PERSONS WITH THE WRITTEN APPROVAL OF PREHIRED.
NO JURY TRIAL. BOTH YOU AND PREHIRED WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THE TERMS, ISA, MSA; AND IN ANY ACTION DIRECTLY OR INDIRECTLY RELATED TO OR CONNECTED TO ANY CONDUCT RELATING TO THE RELATIONSHIP BETWEEN YOU AND PREHIRED.
9. Severability
If any provision of these Terms is held to be invalid or unenforceable, only that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
EFFECTIVE DATE: May 25, 2018
LAST UPDATED DATE: March 15, 2022