These Terms of Service (“Terms”) apply to your access to and use of the website and online products and services (collectively, “Services”) provided by ClearMatch, Inc. (“ClearMatch” or “we” or “us”).
PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 17, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 17.
By accessing or using our Services, you agree to be bound by these Terms and all terms incorporated by reference. If you do not agree to these Terms in their entirety, do not use our Services.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If you have any questions about these Terms or our Services, please contact us at [email protected].
Privacy
For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy.
Eligibility
You must be at least eighteen (18) years of age to use our Services. If you are an individual using the Services for personal job search or career discovery purposes, you must also be a United States citizen. If you are using the Services on behalf of a company, organization, governmental entity, or other legal entity (an “Employer”) to post job opportunities, search for candidates, or otherwise access the Services for recruitment or talent acquisition purposes, you represent and warrant that (a) you are an authorized representative of that Employer, (b) you have the authority to bind that Employer to these Terms, and (c) you agree to these Terms on the Employer’s behalf. All references to “you” throughout these Terms will include the Employer, and both you and the Employer will be jointly and severally responsible for compliance with these Terms. By accessing or using our Services, you represent and warrant that you meet the applicable eligibility requirements set forth in this Section 2.
You may not use the Services if you are located in, or a citizen or resident of any state, country, territory, or other jurisdiction that is embargoed by the United States or where your use of the Services would be illegal or otherwise violate any applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction and that you will not use any Services while located in any such jurisdiction. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where we have determined, at our discretion, to prohibit use of the Services. We may implement controls to restrict access to the Services from any such jurisdiction. You will comply with this paragraph even if our methods to prevent use of the Services are not effective or can be bypassed.
User Accounts and Account Security
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account, including any one-time passcode or other authentication credential issued to you, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You are responsible for all activities that occur under or in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. If you register for an account on behalf of an Employer, you are responsible for ensuring that each individual who accesses the Services through your Employer’s account is aware of and complies with these Terms. The Employer is responsible and liable for all acts and omissions of its authorized representatives in connection with the Services, including any misuse of candidate information or User Content accessed through the Employer’s account.
User Content
Definition and Ownership
Our Services may allow you and other users to create, post, store and share content, including profile information, resumes, work history, clearance level information, certifications, skills, job preferences, location preferences, links to third-party profiles (such as LinkedIn), and other materials. With respect to Employers, such content may also include job postings, position descriptions, company profiles, clearance requirements, compensation information, and any other content you submit in connection with your recruitment or talent acquisition activities. All of the foregoing is collectively referred to as “User Content”. Except for the license you grant below, you retain all rights in your User Content, as between you and us.
License
You grant ClearMatch and its subsidiaries and affiliates a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content and any name, username, or likeness embodied in or provided in connection with your User Content or use of any Services solely for the purposes of operating, providing, improving, and promoting our Services, including generating AI-assisted job matches and recommendations. This license continues for so long as your User Content is stored on or through our Services and for a reasonable period thereafter to permit archival and backup copies. Depending on your account settings, when you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile information) may be visible to other users of the Services, including prospective employers.
Notwithstanding anything to the contrary in these Terms, we may monitor your use of the Services and collect and compile data and information related to your use of the Services in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services. As between you and us, all right, title, and interest in such aggregated and anonymized data, and all intellectual property rights therein, belong to and are retained solely by us.
Your Obligations
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. Without limiting the foregoing, you shall not post, upload, or otherwise submit any classified information, controlled unclassified information (unless properly authorized), export-controlled technical data, or sensitive government program details through the Services. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
You represent and warrant that: (a) all information you provide through the Services, including your profile information, resume, work history, clearance information, and any citizenship or work authorization attestation, is true, accurate, and complete to the best of your knowledge; (b) you own or otherwise have all necessary rights, permissions, and consents in and relating to your User Content so that, as used in accordance with these Terms, it does not and will not infringe, misappropriate, or otherwise violate any intellectual property rights or any privacy or other rights of any third party or violate any applicable law; and (c) no User Content you submit contains any classified information, controlled unclassified information, export-controlled technical data, or sensitive government program details.
Waiver of Responsibility and Liability
We take no responsibility and assume no liability for any User Content posted, stored, uploaded, accessed or downloaded by you or any third party, or for any loss or damage thereto, incomplete or inaccurate User Content, or for any user conduct, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. Enforcement of the User Content or conduct rules set forth in these Terms is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that our Services will not contain any content that is prohibited by such rules. As a provider of interactive services, we are not liable for any statements, representations or User Content provided by our users in any public forum or other area. Although we have no obligation to screen, edit or monitor any User Content, we reserve the right, and have absolute discretion, to remove, screen, or edit any User Content posted or stored on our Services at any time and for any reason without notice.
Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. In addition, you will not:
- engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- use or attempt to use another user’s account without authorization from that user and us;
- impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
- sell, resell, or commercially use our Services;
- copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
- modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
- use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
- use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services;
- develop or use any applications that interact with our Services without our prior written consent;
- send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- bypass or ignore instructions contained in our robots.txt file;
- use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;
- post, upload, transmit, or otherwise make available through the Services any classified information, controlled unclassified information (unless properly authorized), export-controlled technical data, or sensitive government program details;
- misrepresent your security clearance status, level, eligibility, or any other information regarding whether you hold or have held a security clearance, the level of such clearance, or any related polygraph status;
- post, transmit, or otherwise make available any discriminatory job posting, search criteria, or content that excludes or targets individuals on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, veteran status, genetic information, or any other characteristic protected by applicable law;
- use the Services to generate or disseminate scores, risk ratings, trustworthiness ratings, clearance reliability ratings, or similar evaluative outputs about any individual;
- use the Services as or in connection with a background check, screening, or clearance verification tool, or for any purpose that would subject the Services to the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (“FCRA”), or any similar law; or
- post or transmit any content that suggests affiliation with or endorsement by any government agency, including the Defense Counterintelligence and Security Agency, the Department of Defense, or the Office of Personnel Management.
If you are an Employer or you use the Services on behalf of an Employer, in addition, you will not:
- misrepresent the nature, terms, compensation, location, clearance requirements, or availability of any job opportunity posted through the Services;
- contact or solicit any individual whose information you access through the Services for any purpose other than a bona fide employment opportunity; or
- retain, copy, download, share, sell, or otherwise use or disclose any other user’s information, including profile information, resume, clearance information, or other User Content, for any purpose other than evaluating such individual for a bona fide employment opportunity, or in any manner that violates applicable law.
You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store, or share any User Content that:
- is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
- would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national, or international law;
- may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
- impersonates, or misrepresents your affiliation with, any person or entity;
- contains any unsolicited promotions, political campaigning, advertising, or solicitations;
- contains any private or personal information of a third party without such third party’s consent;
- contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or
- in our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose us or others to any harm or liability of any type.
Enforcement of this Section 5 is solely at our discretion, and failure to enforce this Section 5 in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
Ownership; Limited License
Our Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by ClearMatch or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to our Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal use. Any use of our Services other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited, will violate our intellectual property rights, and will terminate this license.
Trademarks
The mark CLEARMATCH and our logos, our product or service names, our slogans and the look and feel of our Services are trademarks of ClearMatch, Inc. and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us. ClearMatch is not affiliated with, endorsed by, or sponsored by any government agency, including the Department of Defense, the Defense Counterintelligence and Security Agency, or the Office of Personnel Management.
Feedback
You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about us or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in our sole discretion. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in the Feedback. You understand that we may treat Feedback as nonconfidential.
AI-Generated Content and Job Matching
Our Services utilize artificial intelligence and machine learning technologies, including third-party AI models, to provide job matching, recommendations, and other outputs (“AI Outputs”).
You acknowledge and agree that: (a) AI Outputs are provided for informational purposes only and do not constitute employment advice, a guarantee of job placement, or a commitment by any employer to hire or interview you; (b) ClearMatch does not grant, verify, sponsor, adjudicate, or guarantee any security clearance or clearance status; (c) ClearMatch does not make hiring or employment decisions on behalf of any employer or government agency; (d) AI Outputs may be inaccurate, incomplete, or outdated, and you are solely responsible for evaluating and verifying any information provided through the Services; (e) ClearMatch is a job discovery and matching assistance tool and is not a background check service, screening tool, or clearance verification service; and (f) ClearMatch does not produce scores, risk ratings, trustworthiness ratings, clearance reliability ratings, or similar assessments of any individual.
If you are an Employer or you use the Services on behalf of an Employer, in addition, you acknowledge and agree that AI Outputs regarding candidates (including match results, rankings, or recommendations) do not constitute an endorsement, verification, or guarantee of any candidate’s qualifications, clearance status, work authorization, or suitability for any position, and all candidate-submitted information, including clearance information, is self-reported and has not been independently verified by ClearMatch; and you remain solely responsible for conducting your own due diligence, background checks, and verification processes in accordance with applicable law before making any hiring or employment decision.
You should not rely on AI Outputs as the sole basis for any employment, career, hiring, or clearance-related decision.
ClearMatch is not a consumer reporting agency as defined by the FCRA, and the Services do not constitute or provide consumer reports as defined by the FCRA or any similar state law. You shall not use the Services, any AI Outputs, or any information obtained through the Services as a factor in establishing any individual’s eligibility for employment, insurance, credit, or any other purpose covered by the FCRA or similar laws. If you are an Employer, you acknowledge and agree that the Services are not a substitute for any background investigation, employment screening, or verification process required by applicable law, regulation, or your own internal policies, and you shall not use the Services in lieu of any such legally required process.
Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify our designated agent as follows:
Designated Agent: Rahul Pandhi
Address: 6537 35th Rd N, Arlington, VA 22213, Attn: ClearMatch, Inc.
E-Mail Address: [email protected]
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to us for certain costs and damages.
Third-Party Content
We may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through our Services, including third-party job postings and employer information (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We do not control or endorse, and make no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless ClearMatch and its subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “ClearMatch Parties”) from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to cooperate with ClearMatch Parties in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the ClearMatch Parties will have control of the defense or settlement, at our sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other ClearMatch Parties.
Disclaimers
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein, including any AI-generated outputs, job matches, recommendations, or other information provided through the Services, are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that our Services are accurate, complete, reliable, current, or error-free. We do not warrant that any job match, recommendation, or AI-generated output will result in employment, an interview, or any other outcome. We do not verify the accuracy of any job posting, employer information, or user-submitted content. While we attempt to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of our Services.
Limitation of Liability
To the fullest extent permitted by applicable law, ClearMatch and the other ClearMatch Parties will not be liable to you under any theory of liability (whether based in contract, tort, negligence, strict liability, warranty, or otherwise) for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if ClearMatch or the other ClearMatch Parties have been advised of the possibility of such damages.
The total liability of us and the other ClearMatch Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of (a) the total amount paid by you to use our Services during the 12 months preceding the event giving rise to the claim, or (b) one hundred dollars ($100.00).
The limitations set forth in this Section 14 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of ClearMatch or the other ClearMatch Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Releases
User Content Release
Except where prohibited by applicable law, by submitting User Content to us, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the User Content. You hereby release and discharge us and our agents, employees, and assigns, and anyone acting under their authorization, from any claims that use of any User Content as authorized herein violates any of your rights, including without limitation any rights of publicity or privacy and intellectual property rights. You understand that you will not be entitled to any additional compensation for the permission and release granted herein or for the use of any of User Content as authorized herein.
General Release
To the fullest extent permitted by applicable law, you release ClearMatch and the other ClearMatch Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Transfer and Processing Data
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
Dispute Resolution; Binding Arbitration
Please read this Section 17 carefully because it requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions: You and ClearMatch agree that any dispute arising out of or related to these Terms or our Services is personal to you and ClearMatch and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes:Except for small claims disputes in which you or ClearMatch seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or ClearMatch seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and ClearMatch waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against us or relating in any way to our Services, you agree to first contact us and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to us by email at [email protected] or by certified mail addressed to 6537 35th Rd N, Arlington, VA 22213, Attn: ClearMatch, Inc. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and ClearMatch cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Arlington County, Virginia or may be conducted telephonically or via video conference for disputes alleging damages less than $100, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website (https://www.jamsadr.com/rules-streamlined-arbitration) and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and ClearMatch agree that these Terms affect interstate commerce and that the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, ClearMatch, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including, but not limited to, all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and ClearMatch agree that for any arbitration you initiate, you will pay the filing fee and we will pay the remaining JAMS fees and costs. For any arbitration initiated by ClearMatch, we will pay all JAMS fees and costs. You and ClearMatch agree that the state or federal courts of the Commonwealth of Virginia and the United States sitting in Arlington County, Virginia have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within 1 year after such claim arose; otherwise, the claim is permanently barred, which means that you and ClearMatch will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 17 by sending an email to [email protected]. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 18.
If any portion of this Section 17 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 17 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 17; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 17 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 17 will be enforceable.
Governing Law and Venue
Any dispute arising from these Terms and your use of our Services will be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the Commonwealth of Virginia or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Virginia and the United States, respectively, sitting in Arlington County, Virginia.
Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
You may request a copy of your User Content prior to terminating your account by contacting us at [email protected], subject to our ability to comply with such request under applicable law and our data retention policies. Following termination of your account, we may permanently delete your account, profile, User Content, and all associated information from the Services and all systems we control, unless otherwise required by applicable law.
Future Paid Features
The Services are currently provided free of charge. We reserve the right to introduce paid features, subscription plans, or premium services in the future. If we introduce paid features, we will provide you with notice and any applicable additional terms governing such paid features, including payment terms, auto-renewal terms, and cancellation or refund policies. Your continued use of any paid features will be subject to your acceptance of such additional terms. The introduction of paid features will not affect your ability to use any portions of the Services that remain free, except as otherwise disclosed at the time of such introduction.
Additional Terms for Employers
If you are an Employer or you use the Services on behalf of an Employer, the following additional terms apply to your use of the Services:
Compliance with Applicable Law
You shall comply with all applicable federal, state, and local laws, regulations, and ordinances governing employment and hiring practices, including without limitation Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Immigration Reform and Control Act, the Equal Pay Act, Executive Order 11246, and any applicable state or local fair employment practices laws. You are solely responsible for ensuring that your use of the Services, including any job postings, candidate searches, and hiring decisions, complies with all such laws.
Candidate Information
You acknowledge that candidate information, including profiles, resumes, clearance information, and other User Content submitted by individual users, is provided for the sole purpose of evaluating candidates for bona fide employment opportunities. You shall not: (a) retain candidate information longer than reasonably necessary to evaluate the candidate for a specific position; (b) share, sell, license, or otherwise disclose candidate information to any third party, except as reasonably necessary to evaluate the candidate for employment (such as sharing with internal hiring personnel) or as required by applicable law; (c) use candidate information for any purpose other than evaluating the candidate for a bona fide employment opportunity; or (d) use candidate information to discriminate against any individual on the basis of any characteristic protected by applicable law. You shall implement and maintain reasonable administrative, technical, and physical safeguards to protect the confidentiality and security of candidate information you access through the Services.
No Substitute for Required Screening
The Services are a recruitment assistance and talent discovery tool only. Nothing in the Services or these Terms is intended to replace, satisfy, or serve as a substitute for any employer obligation to conduct background checks, employment eligibility verification (including Form I-9 requirements), security clearance verification, drug testing, or any other screening or verification process required by applicable law, regulation, government contract, or your own internal policies. You are solely responsible for independently verifying the qualifications, credentials, clearance status, and work authorization of any candidate you identify through the Services.
Job Posting Obligations
You are solely responsible for the accuracy, completeness, and legality of all job postings and other content you submit through the Services. All job postings must accurately describe the position, its requirements, compensation (to the extent required by applicable law), location, and any applicable clearance requirements. You shall not post any job listing that is fraudulent, misleading, or for a position that does not exist. You shall promptly remove or update any job posting that is no longer available or that contains inaccurate information.
Export Regulation
The Services utilize software and technology that may be subject to United States export control laws, including the Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Services or the software or technology included in the Services to, or make the Services or the software or technology included in the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, regulation, or rule. You shall comply with all applicable federal laws, regulations, and rules prior to accessing or using the Services outside the United States.
Severability
If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Miscellaneous
These Terms constitute the entire agreement between you and ClearMatch relating to your access to and use of our Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned, or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment, or delegation without such consent will be void and without effect. We may freely transfer, assign, or delegate these Terms or our Services, in whole or in part, without your prior written consent.