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Terms of Use

This page contains the terms of use (the "Terms and Conditions") and or ("Terms") governing your access to and use of the PickMyHours (PickMyHours.com and or PMH) Web Sites and the Services (as each are defined below) provided by guerrilla interactive, LLC or one of its divisions (collectively, PickMyHours). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the PickMyHours Web Sites or Services. These Terms and Conditions are effective as of May 15, 2013.

These Terms and Conditions (as they may be amended from time to time by PickMyHours), together with your Service Agreement (if applicable), constitute a binding agreement (the "Agreement") between you and PickMyHours. Your access to or use of the PickMyHours.com Web Sites or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Sites at your own risk.

Definitions

The following definitions apply to this Agreement: ("Materials") includes any materials, methodologies, implementation plans, service documentation, or other intellectual property used during the provision of Services by PickMyHours.com. "PickMyHours Web Site" or the "Site" (collectively PickMyHours Websites or the Sites) means any web site under PickMyHours control, whether partial or otherwise and includes such Site's Materials, Content, Text, Graphics, Design, Programming, Documentation, and Services (as applicable in each context).

Site Content

("Content") includes all Text, Graphics, Design and Programming used on the Sites. ("Design") includes the color combinations and the page layout of the Sites. ("Programming") includes both client-side code (HTML, CSS, JavaScript, etc.) and server-side code (PHP, LAMP, databases, etc.) used on the Sites. ("Graphics") includes all logos, buttons, and other graphical elements on the Sites, with the exception of paid advertising banners. ("Text") includes all text on every page of the Sites, whether editorial, navigational, or instructional. ("Documents") refers to any posting or submission to the Site, including jobs and resumes.

The Users

("Employer") means a User person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment."Employer Materials" includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, graphics, documents or other materials provided by Employer, if any, for use in connection with the Services. ("Job Seeker") means a User who is accessing a Site to search for a job or in any other capacity except as an Employer. ("Services") means any services provided by PickMyHours or its agents described herein and specified more fully in the Submission Agreement. ("User") refers to any individual or entity that uses any aspect of the Sites. "You" or "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.

Intellectual Property Rights and Acceptable Use

General Use Restrictions

 

The PickMyHours Sites are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Sites only for lawful purposes within the stated context of PickMyHours intended and acceptable use of the Sites. PickMyHours is the sole interpreter of the Sites' intended and acceptable use.

 

The Sites, the Materials and all right, title and interest in and to the Sites and Materials are the sole property of PickMyHours, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, PickMyHours reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or PickMyHours Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Sites other than the search engine and search agents available from PickMyHours other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the PickMyHours Sites, without the express written consent of PickMyHours. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. "PickMyHours," design logo and certain other names or logos are service marks or trademarks of PickMyHours, and all related product and service names, design marks and slogans are the service marks or trademarks of PickMyHours. In addition, the "look" and "feel" of the Sites (including color combinations, button shapes, User interface, layout, design and all other graphical elements) are also protected by PickMyHours trademarks, service marks and copyrights. Any code that PickMyHours creates to generate or display the Content or the pages making up the Sites is also protected by PickMyHours copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or PickMyHours Materials on any authorized copy you make of the Content or PickMyHours Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.

License to Use by Job Seekers.

 

PickMyHours hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Sites solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. You may not respond to postings in any manner or for any purpose other than that which is expected (i.e., to apply for the job position or to initiate further discussion). Communications soliciting the Employer's business are prohibited. Your use of the Sites is a privilege. PickMyHours reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.

License to Use by Employers.

 

PickMyHours hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your internal business use seeking candidates for employment. This authorizes you to view and download a copy of the material on or from the Sites solely for your personal use directly related to searching for and recruiting job prospects. PickMyHours also grants you a limited, terminable, non-exclusive license to use the PickMyHours Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by PickMyHours to any third party without the express written authorization of PickMyHours. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. PickMyHours reserves the right to remove your submitted Documents, or suspend or terminate your access and use at any time if PickMyHours determines that you are in breach of these Terms and Conditions. Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants PickMyHours a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer's website or highlight Employer's email or phone number in connection with the Services.

Rules Regarding Site Usage.

 

You represent, warrant and agree that you (a) are at least 18 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Sites and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Sites complies with these Terms and Conditions and all applicable laws.

User Submissions

PickMyHours welcomes your comments regarding the Services and the Sites and appreciates hearing from you. If you submit feedback on the Services, please be specific in your comments and if you do submit creative ideas, inventions, suggestions, or materials, PickMyHours is not in any way liable or indebted to the utilizations of your submission. If, despite this notice, you send PickMyHours creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission shall become the property of PickMyHours. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on PickMyHours part, and PickMyHours will not be liable for any use or disclosure of any User Submission. PickMyHours 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.

Service Agreement Applicable to Employers

Employers are solely responsible for their postings on PickMyHours. PMH shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any PMH Site. PMH is not to be considered to be an employer with respect to your use of our site. PickMyHours will not be held responsible or liable for any incurred financial, assets, or other losses by Employers. In order to protect our PMH Community Users from commercial advertising or solicitation, PMH reserves the right to authorize or restrict the number employer and other third party advertising and or sponsorships. Employers understand and acknowledge that if you cancel your employer account or your employer account is terminated, all your account information from PMH, including saved data, network contacts, email and mailing lists, sponsor and ad content will be marked as deleted in and may be deleted from PickMyHours databases. Information may continue to be available for some period of time because of delays in propagating such deletion through PickMyHours web servers. Candidate and audience profiles derived from User traffic and User analytics data may also be made available through the sites. PMH does not make any representations regarding the accuracy or validity of such derived data or their appropriateness of the data for evaluation by employers and advertisers.

Payment Terms & Refund Policy

Billing Policies

Certain aspects of the sites service including but not limited to employer job submissions and advertising may be provided for a fee or other charge. If you elect to use paid aspects of the service, you agree to the pricing and payment terms set forth in our Pricing Structure. We may update our pricing structure from time to time. PickMyHours may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to the Fee Schedule shall become effective in the billing cycle following notice of such change to you as provided in this Agreement. If User chooses to engage in our Recurring Billing option, User understands that recurring billing payments are setup to be automatically billed each month for a 12 month duration. It is the users responsibility to initiate contact with PickMyHours to discontinue, cancel, or terminate recurring billing prior to the 12 month closure. Users also understands that you cannot canel any billing (recurring or otherwise) in mid month or prior to what is considered a normal monthly duration. PickMyHours does not require a mandatory billing structure. If you (user) feel our service is not providing value, it's your option to terminate so long as the end period service fees are paid to PickMyHours and cancellation is conducted at an end period (end of month) duration. PickMyHours shall reserve the right to receive all payments from you for the Services used by you up to termination.

No Refunds

You may cancel (terminate) your User account at any end of month duration. However, there are no refunds for cancellation. There absolutely no refunds at any occurrence of the use of PickMyHours. It is the users responsibility to ensure they are ready and able to subscribe or purchase PMH services without any refundable provisions. In the event that PickMyHours suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the service, any content or data associated with your account, or for anything else.

Payment Processing & Taxes

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the PMH service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the service at the prices in effect when such charges are incurred. You shall pay all charges in US dollars. Charges are exclusive of taxes. You are responsible for paying (1) all taxes and government charges, and (2) reasonable expenses and attorney fees PMH incurs collecting late amounts. You acknowledge and agree that any credit card and related billing and payment information that you provide to PickMyHours may be shared by PMH with companies who work on PMH behalf, such as payment gateways, payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment transactions to PMH and servicing your account. PMH does not store your credit card information. By submitting a payment transaction, you acknowledge that PMH is not responsible for any breach of data or loss of assets that is under the Payment Processors effective encryption and data oversight. PickMyHours 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. PickMyHours shall not be liable for any use or disclosure of such information by such third parties. Job Posting Rules
The following rules apply to your use of the Sites and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
A Job posting may not contain:
Misleading, unreadable, hidden keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in PickMyHours reasonable discretion, any hyperlinks, other than those specifically authorized by PickMyHours. More than one job or job description, more than one location, or more than one job category, unless the product so allows, inaccurate, false, or misleading information, and material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18. The names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by PickMyHours, the names of colleges, cities, states, towns or countries that are unrelated to the posting.
You may not use Your PickMyHours job posting or Networking capability to:
(a) promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099, post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property
(b) post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with United States Government law, regulations, executive order, or federal, state or local government contract; post jobs located in countries subject to economic sanctions of the United States Government
(c) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her
(i) racial or ethnic origin
(ii) political beliefs
(iii) philosophical or religious beliefs
(iv) membership of a trade union
(v) physical or mental health
(vi) sexual life
(vii) the commission of criminal offences or proceedings or
(viii) age; post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job
(d) post jobs or other advertisements for competitors of PickMyHours or post jobs or other content that contains links to any Site competitive with PickMyHours, sell, promote or advertise products or services unless otherwise screened, and authorized as sponsorship material by PickMyHours
(e) post any franchise, pyramid scheme, club membership, distributorship, multi-level marketing opportunity, or sales representative agency arrangement; post any business opportunity that requires an upfront or periodic payment, or requires recruitment of other members, sub-distributors or sub-agents;
(f) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
(g) post jobs on any PickMyHours Site for modeling, acting, talent or entertainment agencies or talent scouting positions; posting or advertising sexual services or seek employees for jobs of a sexual nature is strictly prohibited; requesting the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy
(h) endorse a particular political party, political agenda, political position or issue; promote a particular religion; or advocacy for any particular movement, union, coalition or organization Report inappropriate postings or conduct to Feedback. PickMyHours is under no obligation to monitor all the Documents or submissions job posting on the Sites, but it may monitor Documents at random. PickMyHours reserves the right to remove any job posting or content from any PMH Site, which in the reasonable exercise of PickMyHours discretion, does not comply with the above Terms, or if any content is posted that PickMyHours believes is not in the best interest of PickMyHours businesses and or Sites. You are responsible for maintaining the confidentiality of your information. You are responsible for all uses of your registration, and job applications whether or not authorized by you. If others use your access to post inappropriate material on the PMH Sites, you risk losing your access to the Sites. You agree to notify PickMyHours immediately of any unauthorized use of your account. You may not delete or revise any material posted by any other employer entity other than yourself. If at any time during your use of the PickMyHours Services, you made a misrepresentation of fact to PickMyHours and failed to inform PMH, or otherwise misled PMH in regards to the nature of your business activities, PickMyHours will have full grounds to terminate your use of the PickMyHours services.

User Security Rules

(a) Users are prohibited from violating or attempting to violate the security of the Sites, 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 Sites, overloading, "flooding", "mail bombing" or "crashing"; 
(iv) sending unsolicited e-mail, 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 e-mail or newsgroup posting.
(b) Violation of these Security Rules may result in civil or criminal liability. PickMyHours 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.

Disclaimers and Limitations on PickMyHours's Liability

Allocation of Responsibility 

PickMyHours assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. PickMyHours acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, PickMyHours may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. PickMyHours has no liability or responsibility to Users for performance or nonperformance of such activities. PickMyHours may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.

Interpretation Disclaimer

PickMyHours represents that its "Terms & Conditions" (terms of use) may be similar to other applicable and or competitive job board and job portal Sites but does not construe to having a similar mode of operation and set of services as the other job portals. Activation and Use of PMH Sites or services should be conducted only under PMH interpretation and exclusivity of PMH terms of use agreement. PMH is not liable for any misunderstanding or misrepresentations of its terms of use by any User and or entity engaging in the job seeking, job providing, or job portal activity and or careers industry.

Third Party Providers 

You acknowledge and agree that PickMyHours may provide the services using third party providers, including subcontractors and consultants (the "Third Party Providers"). You agree that, as between PickMyHours and its Third Party Providers, PickMyHours will have sole responsibility for handling all billing and contract negotiations.

No endorsements by PickMyHours

Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web Site, products, services, hiring, experience, employment or recruiting practices, or otherwise.

WARRANTY DISCLAIMERS

(a) THE SITES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. PICKMYHOURS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. PICKMYHOURS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.
(b) WITHOUT LIMITATION ON THE FOREGOING:
(i) PICKMYHOURS DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PICKMYHOURS IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) PickMyHours makes no representations or guarantees regarding the truthfulness, accuracy, legality, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk. PickMyHours makes no representations or guarantees regarding the Content of the Sites, including, but not limited to, broken links, inaccuracies or typographical errors.
(iii) PICKMYHOURS MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. PICKMYHOURS DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.

LIMITATION OF LIABILITY AND EQUITABLE RELIEF

(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES.
(b) IN NO EVENT SHALL PICKMYHOURS (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, THIRD PARTY PROVIDERS, PAYMENT PROCESSORS, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PICKMYHOURS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN PICKMYHOURS'S MAXIMUM LIABILITY TO YOU (OR ANY NUMBER, GROUP, PARTY OF INDIVIDUALS) FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO AND NOT EXCEED U.S. $100.00.
(d) IN NO EVENT SHALL PICKMYHOURS (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, SUBSIDIARIES, THIRD PARTY PROVIDERS, PAYMENT PROCESSORS, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DAMAGES IN EXCESS OF US$100.00 (IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH PICKMYHOURS, REGARDLESS OF THE AMOUNTS ACTUALLY PAID BY YOU TO PICKMYHOURS, UNDER THIS AGREEMENT, PICKMYHOURS WILL NOT BE LIABLE FOR ANY DAMAGES IF GREATER THAN US$100.00).TO THE FULLEST EXTENT POSSIBLE BY LAW, PICKMYHOURS MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY PICKMYHOURS SITE OR YOUR USE OF THE PICKMYHOURS CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.00
(e) Due to the nature of this Agreement, in addition to money damages, you agree that PickMyHours will be entitled to equitable relief upon a breach of this agreement by you.

User Authentication

Because User authentication on the Internet is difficult, PickMyHours cannot and does not confirm that each User is who they claim to be. Because PickMyHours does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release PickMyHours from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

California Residents

If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Links to Other Sites

 

PickMyHours may contain links to third party web Sites. These links are provided solely as a convenience to you and not as an endorsement by PickMyHours of the contents on such third-party web Sites. PickMyHours is not responsible for the content of linked third-party Sites and does not make any representations regarding the content or accuracy of materials on such third-party web Sites. If you decide to access linked third-party web Sites, you do so at your own risk.

Amendments to this Agreement and Changes to Sites 

PickMyHours may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Sites (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may choose not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by PickMyHours unless PickMyHours agrees to them in a signed writing specifically including those new or different terms. PickMyHours may change the Sites at any time.

Indemnity

User agrees to defend, indemnify, and hold harmless PickMyHours (and its subsidiaries, affiliates, officers, directors, employees, suppliers, 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 Sites, any Document posted by you, your use of the Services or your breach of this Agreement. PickMyHours shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may choose to, or not choose to assist you, at your expense, in defending any such claim, suit or proceeding.

Claims of Copyright Infringement

PickMyHours respects the intellectual property of others. It is PickMyHours's policy to respond to claims of copyright and other intellectual property infringement. PickMyHours will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, PickMyHours may act to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act to remove or disable access to any reference or link to material or activity that is claimed to be infringing. PickMyHours will terminate access for Users who are repeat infringers. Notifying PickMyHours of Copyright Infringement: To provide PickMyHours notice of an infringement, you must provide a written communication to the attention of "Copyright Infringement" in care of [email protected] that sets forth the information specified by the DMCA. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright. Providing PickMyHours with Counter-Notification: 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 may provide PickMyHours with a counter notification by written communication to the attention of "Copyright Infringement" at [email protected] that sets forth all of the necessary information required by the DCMA. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

Governing Law & Acceptance 

PickMyHours contact information is listed on the Sites. PickMyHours makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Sites. If you access PickMyHours from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement and your Service Activation Agreement, if you have one, are governed by the internal substantive laws of the State of Indiana, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Activation Agreement shall lie exclusively with the state or federal courts in the State of Indiana. The sole relationship between you and PickMyHours is that of independent contractors. Users agree to and abide by the full terms of this Agreement. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Sites, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by PickMyHours in a particular "Legal Notice," or material on particular web pages of the Sites, this Agreement and your Service Activation Agreement where applicable, constitute the entire agreement between you and PickMyHours.

Term and Termination

These Terms will remain in full force and effect while You are a User of any PickMyHours Site. PickMyHours reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the PickMyHours Sites and immediate termination of Your account, registration with or ability to access the PickMyHours Sites and/or any other services provided to You by PickMyHours, upon any breach by You of these Terms or if PickMyHours is unable to verify or authenticate any information You submit to a PickMyHours Site registration. Even after You are no longer a User of the PickMyHours Sites, certain provisions of these Terms will remain in effect.