Peak Season Terms of Service Agreement
This Peak Season Terms of Service Agreement (“Agreement”) is a binding agreement between you and Peak Season, LLC (“PeakSeason”, “we”, “us”, and “our”) and governs your use of www.peakseason.com and the user portal accessible through our website, as well as the other services, features, content, and applications we offer (collectively, the “Services”).
By using the Services or by clicking “accept” or “agree” to this Agreement while registering for an account, you agree to this Agreement and all other operating rules, policies, procedures, and terms and conditions that we may publish from time to time, each of which is incorporated into this Agreement by this reference.
We may change, modify, add, or remove portions of this Agreement at any time. We will post notice of modifications to this Agreement on this page and we will attempt to notify you through your account or the email address that you provided of any changes to this Agreement. Changes will become effective immediately but will not apply retroactively. While we will attempt to notify you of modifications to this Agreement, it is your responsibility to check this webpage periodically for changes. You must immediately discontinue your use of the Services if you do not agree to the modified Agreement.
Access to the Services
You must be at least 18 years of age to use the Services. If you are agreeing to this Agreement on behalf of an entity, you represent that you are authorized to do so. We may refuse to offer the Services to any person or entity and change the Services’ eligibility criteria at any time. You are responsible for ensuring that your use of the Services, and your acceptance of this Agreement, comply with the laws, rules, and regulations that are applicable to you. The Services are made available for your personal use and not for the use or benefit of any third party.
Your Services Account
You must have an account to use the Services. You agree to provide accurate and complete information, including your real name and information about your work and life experiences, and to keep your account information updated.
You agree that you will not: (1) use a username that is another person’s name; (2) use a username that violates the rights, intellectual property or otherwise, of another person or entity; or (3) use a username that is offensive, vulgar, or obscene. We reserve the right, in our sole discretion, to change or disable any account that does not meet our naming standards.
You are responsible for maintaining the confidentiality and security of your account password. Accordingly, you are solely responsible for any activity that occurs on your account. You should never publish, distribute or post login information for your Account.
You may not use another person’s account. You must immediately notify us of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security, or unauthorized use of your Account.
“Content” is any information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. Content also includes all “User Content”, which is Content added, created, uploaded, submitted, distributed, or posted to the Services by individual users.
All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the individual who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
You may not, and may not permit any third party to, take any action or upload, download, post, submit, or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that: (1) infringes any right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy); (2) you know is false, misleading, untruthful, or inaccurate; (3) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion; (4) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (5) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; (6) impersonates any person or entity, including any of our employees or representatives; or (7) includes anyone’s identification documents or sensitive financial information.
The Services may contain Content specifically provided by us, our partners, or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You must abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. Subject to your continued compliance with this Agreement, we grant to you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution, or storage of any Content for any other purpose is expressly prohibited without our prior written permission. You may not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right, unless such right is expressly granted by us to you.
You hereby grant each user of the Services who has access to your User Content, a non-exclusive, perpetual license to access your User Content through the Services, solely for internal employment and hiring purposes and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content, solely for internal employment and hiring purposes, including after your termination of your account or the Services.
You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
We reserve the right, but do not have any obligation, to remove or block any Content in our sole discretion, at any time, and for any reason without notice or liability to you.
You may not, and may not permit any third party to, (1) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure; (2) interfere or attempt to interfere with the proper working of the Services; (3) bypass, circumvent, or attempt to bypass or circumvent any measures used to prevent or restrict access to the Services or other accounts, computer systems, or networks connected to the Services; (4) run any form of auto-responder or “spam” on the Services; (5) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Services; (6) harvest or scrape any Content from the Services; or (7) otherwise take any action in violation of our guidelines and policies.
Any use of the Services other than for the purpose of locating employees or employment opportunities is strictly prohibited and a violation of this Agreement. We reserve the right to investigate and prosecute violations of this Agreement to the fullest extent of the law. We may involve and cooperate with law enforcement in prosecuting users who violate this Agreement.
We collect, store, and use your personal information in accordance with our Privacy Notice, located at www.peakseason.com/privacy. The terms and conditions of the Privacy Notice are incorporated into this Agreement by this reference.
Rules of Conduct for Employers and Recruiters
If you are an employer or recruiter, you represent and warrant that: (1) you will only submit job postings that are accurate, true, not deceptive or misleading, and fully in compliance with all applicable federal, state and local laws; (2) you will only submit job postings for actual available jobs; (3) you will not submit job postings that include any form of advertisement, promotion or endorsement, other than promotion of the job itself; (4) you will not submit job postings that require any form of upfront payment or referrals to other candidates; (5) you are solely responsible for your hiring decisions; (6) your use of the Services does not and will not violate any laws, rules, or regulations that are applicable to you or your organization; (7) you will contact candidates through the Services only in relation to the Services; (8) you will cease contact with any candidate who has requested not to be contacted; and (9) you will maintain the confidentiality of any candidate materials submitted through the Services and will comply with all applicable privacy laws.
Rules of Conduct for Candidates
If you are a candidate, you represent and warrant that you will only submit User Content (including, but not limited to, your profile and account information and your resume) that is accurate, true, not deceptive or misleading, and fully in compliance with all applicable laws, rules, and regulations, including those related to intellectual property rights.
Payments and Billing
Certain Services may be subject to payments now or in the future (the “Paid Services”). Any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
We use a third-party payment processor (“Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen Billing Account. We reserve the right to correct any errors or mistakes with your payment, even if payment has already requested or received by our Payment Processor. The processing of payments will be subject to the terms, conditions, and privacy policies of our Payment Processor and your Billing Account. If we, through our Payment Processor, do not receive payment from you, you agree to pay all amounts due on your account upon demand.
Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Paid Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your Billing Account. Such notice will not affect charges submitted before you terminated authorization or changed your Billing Account. You may adjust the settings on your account to terminate your authorization or change your Billing Account.
You must provide current, complete, and accurate information for your Billing Account. You must promptly notify us or our Payment Processor if your Billing Account is canceled (e.g., for loss or theft). Changes to such information can be made through your account. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of Paid Services under your Billing Account unless you have terminated your Paid Services as set forth above.
We will charge your Billing Account until you terminate your subscription to the applicable Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
Our Rights and Ownership
We may discontinue or alter any aspect of the Services, restrict the time the Services are available, install bug fixes, updates, patches, and other upgrades to the Services, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. Your only remedy is to discontinue using the Services if you do not want a modification we make to the Services.
The Services are our copyrighted property and may not be reproduced, recreated, modified, accessed, or used in any manner contrary to what is allowed by this Agreement. Our images, trademarks, service marks, logos, icons, and other Content we upload to the Services are our property and may not be used without our prior written consent. Trademarks owned by third parties are the property of those respective third parties. Any feedback or suggestions you give to us about the Services is voluntary and we may use such feedback or suggestions in our sole discretion without obligation to you.
You may not, and may not permit any third party to, (1) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application) in any way through any medium or otherwise translate any of the Services in such a manner so that it appears to be part of your own or a third party’s website, except to the limited extent applicable laws specifically prohibit such restriction; (2) modify, translate, create derivative works, copy, store, distribute, sell, license, sublicense, publish, or otherwise transfer any or all of the Services without our prior written permission or the copyright holder identified in the applicable copyright notice; (3) use any robot, spider, packet sniffer, or other automated device to monitor or copy the contents of the Services; (4) frame, link, or otherwise use or display the Services in such a manner that it appears to be part of your own or a third party’s website; (5) deep link to any page of the Services or otherwise link in a manner that bypasses the Services’ homepage; (6) access or use the Services if you are a PeakSeason competitor or to build a competitive product or service or make or have made a product using similar features, functions, or graphics of the Services; (7) restrict or inhibit any other user from using and enjoying the Services; (8) use the Services in any manner that adversely impacts the stability of our servers or adversely impacts the behavior of other applications using the Services; (9) run any processes that run or are activated while you are not logged in to the Services; or (10) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. You may delete your account through your account settings or by sending your account deletion request to email@example.com.
Any fees paid hereunder are non-refundable. Upon termination of your account, your right to use the Services and any Content will immediately cease. You may delete the information in your user profile but your name and contact information will remain in our database unless you send us a written request to delete it. Your User Content may be retained by us indefinitely, even after you terminate your account.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You acknowledge and agree that your access to and use of the Services and Content, including User Content, is at your own risk and that you are solely responsible for any damage, loss, or liability to you or any other party resulting from your access to or use thereof.
We have no special relationship with or fiduciary duty to you. You acknowledge and agree that we have no control over, and no duty to take any action regarding: (1) which users gain access to the Services; (2) what Content you access via the Services; (3) what effects the Content may have on you; (4) how you may interpret or use the Content; or (5) what actions you may take as a result of having been exposed to the Content.
The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
We are not responsible for the accuracy of any job listings or User Content (including candidate materials) or for any decisions regarding hiring, rejection, or employment decisions made by any person or entity using the Services.
To the fullest extent allowed under applicable law, we expressly disclaim all warranties, express, implied, or otherwise, including without limitation, warranties of merchantability, title, non-infringement, suitability, integration, currentness, accuracy, and fitness for a particular purpose. We do not warrant that the Services or the Content will be malware or virus free. We specifically disclaim any representations that the Services or Content will meet your requirements, that access to or operation or use of the Services will be uninterrupted or error free, that defects in the Services, if any, will be corrected, or that results will be timely, accurate, adequate or complete. The Services and Content are provided “as is” and “as available” and we do not guarantee the Service’s availability or uptime. We do not warrant or represent that use of the Services or Content will result in compliance with any applicable laws or regulations, and you understand that you are solely responsible for ensuring compliance with any and all applicable laws and regulations.
You will defend, indemnify, and hold us and our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives harmless from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of Agreement, or infringement by you, or any third party using your account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Limitation of Liability
To the fullest extent permitted by law, under no circumstance will we be responsible for lost profits, revenues, financial losses, or indirect, special, consequential, exemplary, or punitive damages. To the fullest extent permitted by law, our total liability for any claims under this Agreement, including for any implied warranties, is limited to $100.00. The limitations of this section will apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not we have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Arbitration Clause and Class Action Waiver
This section affects your rights. Please read carefully before agreeing to this Agreement.
You agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to this Agreement, your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and we hereby expressly waive trial by jury; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New York. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration.
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court.
You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. You are giving up your right to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services.
Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services, Content, or this Agreement must be filed within 1 year after such claim of action arose or be forever banned.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Governing Law and Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York.
Third Party Services
The Services may permit you to link to or access other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, security, products, services or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You hereby irrevocably waive any claim against PeakSeason with respect to such websites and third party content.
This Agreement is the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. We will not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. This Agreement, and the rights and licenses granted herein, is personal to you, and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without your consent. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. Our failure to enforce any part of this Agreement will not constitute a waiver of our right to later enforce that or any other part of this Agreement. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with this Agreement to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation.
Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org.
You may contact us at the following address: Peak Season, LLC, 80 East End Ave, 1A, New York, NY 10028, Attn: Legal Dept.