These Terms and Conditions of Use (“Terms”) apply to all individuals responding to the posting of any and all jobs (whether or not permanent, temporary, full-time, part-time, salaried, hourly, or any combination of the foregoing) by Ayava Staffing Professionals, Ltd. and any of its employees, independent contractors, or other third parties acting on its or their behalf (collectively, “Ayava”) on the websites of Ayava or any third party. By registering on the website of Ayava, you are agreeing to be bound by these Terms and, accordingly, you acknowledge, understand, and agree to each of the following statements.
All postings of Ayava are based solely on information supplied by employers that have engaged Ayava to provide certain recruiting, screening, and/or referral services (each, an “Employer”). Each Employer is solely responsible for the job postings, content, messages, images, or other information that Ayava posts on any website for an Employer, as well as the content provided by Ayava to you contained in any other written or verbal communications (collectively, “Content”). Employers take sole responsibility for their Content and Ayava expressly disclaims any representation or warranty to you that such Employer Content will not be false, inaccurate, misleading, unlawful, offensive, or otherwise in violation of any applicable laws. Additionally, it is possible that Content provided to Ayava by an Employer could be incorrect when supplied to Ayava and/or Content posted by Ayava could be inconsistent with the Content provided to Ayava by an Employer. Due to the possibility of such errors and inconsistencies, Ayava expressly disclaims any representation or warranty to you that such the Content posted by Ayava will not be false, inaccurate, misleading, unlawful, offensive, or otherwise in violation of any applicable laws
You are solely responsible for the content of your resume or other related information that you provide to Ayava (which are then conveyed by Ayava to potential Employers) or you otherwise communicate to potential Employers (collectively “Resumes”). By posting or providing to Ayava your Resumes, you represent and warrant to Ayava that such information will not be false, inaccurate, misleading, unlawful, offensive, or otherwise in violation of your obligations under these Terms.
Your response to any postings by Ayava and your decision to accept any position with an Employer in response to Content supplied to you is done at your own risk. Ayava assumes no responsibility or liability for any determination made by you to accept employment with an Employer. You agree that such a determination is based solely on your independent investigation, verification, and determination that accepting such a position is suitable for your purposes.
Ayava is not and will not be your employer and Ayava is not and will not act in the capacity of an agent of any Employer. Ayava acts only as a conduit to submit your Resumes to potential Employers. Ayava is not responsible for the information provided in either Employer Content or Resumes. Ayava does not review Employer Content or your Resumes for any inaccuracies. Your sole and exclusive remedies with respect to any Content posted by Ayava as a result of Content supplied by an Employer are with that Employer.
Nothing contained in these Terms and no behavior or interactions between you and Ayava, or any services provided or not provided by Ayava to you, will be construed or interpreted as creating a relationship between Ayava and you of employer/employee, principal/agent, partners, or joint venturers. Only an Employer, and not Ayava, may become your employer for your performance of labor or services to or for that Employer, and that Employer, and not Ayava, is responsible for any and all payments to or owed related to you for any and all compensation, benefits, withholding, assessments for unemployment insurance, social security and disability benefits, and other fees, benefits (including health and retirement), and taxes that are based upon the compensation paid and benefits to you being hired, retained, or employed by that Employer for your performance of labor or services to or for that Employer. Only an Employer will decide, and Ayava will not decide, any promotion, demotion, termination, rates of pay, pay changes, or other forms of compensation for your labor or services to or on behalf of that Employer. Further, only that Employer will set or decide upon, and Ayava will not set or decide upon, any of your hours of work, title, benefits, job duties, or responsibilities for your labor or services to or on behalf of that Employer.
You agree to defend, indemnify, and hold harmless Ayava, its affiliates, and each of their respective officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, resulting from any Content of Ayava or any Employer, any of your Resumes, any claims, actions, or demands made by you or others on your behalf that are in conflict with any statements contained in these Terms, or your breach of these Terms.
WAIVER AND RELEASE
In consideration of Ayava’s services relating to the submission of your Resumes to potential Employers, you acknowledge that you are assuming risks and agree not to sue and release from liability Ayava and its affiliates, and that you are giving up substantial legal rights. You have read these Terms carefully before electronically agreeing to them and you understand what these Terms mean and what you are agreeing to. You hereby waive, release, and discharge for yourself, your heirs, executors, administrators, legal representatives, assigns, and successors in interest (collectively “Successors”) any and all rights and claims which you have or which may hereafter accrue to you against Ayava and its affiliates for any and all damages which may be sustained by you directly or indirectly in connection with, or arising out of, Ayava’s submission of your Resumes to potential Employers or any claims, actions, or demands made by you or others on your behalf that are in conflict with any statements contained in these Terms. You agree, for yourself and Successors, that the above representations are contractually binding, and are not mere recitals, and that should you or your Successors assert a claim in contravention of these Terms, you or your Successors will be liable for the expenses (including legal fees) incurred by Ayava and its affiliates in defending those claims.
LIMITATION ON LIABILITY
In the event Ayava’s rights to indemnification and/or your releases and waivers contained in these Terms are determined to be unenforceable in whole or in part, Ayava’s total liability to you for any and all liabilities, damages, losses, claims, demands, actions, causes of action, costs, and expenses, including court costs and reasonable attorneys’ fees and expenses, arising out of, connected with, or resulting from Ayava’s actions or inactions or these Terms, or from the performance or breach thereof, or from any services covered by or furnished in connection with these Terms, will be limited to $100.00.
Ayava will not be liable to you for any indirect, incidental, special, consequential, or punitive damages (including, but not limited to, indirect loss of profits, indirect loss of revenues, or indirect loss of business) resulting from, or in any way related to, these Terms, or arising out of, or alleged to have arisen out of, breach of these Terms, regardless of whether Ayava will be advised, will have other reason to know, or, in fact, will know of the possibility of such damages. The limitation of liability set forth in this section will apply regardless of whether such damages are sought based on breach of warranty, breach of contract, negligence, strict liability in tort, or other legal theory.
These Terms will be governed by and interpreted, construed, and enforced in accordance with the laws of the State of Texas, without giving effect to conflicts of laws principles. If the parties are unable to resolve amicably any dispute arising out of or in connection with these Terms, then they agree that dispute will be resolved exclusively in, and the parties consent irrevocably to the personal jurisdiction of, the federal or state courts located in Dallas County, Texas, and each party waives, and agrees not to assert in any such suit, action, or proceeding, any claim that it is not personally subject to the jurisdiction of such court, that the suit, action, or proceeding is brought in an inconvenient forum, or that the venue of the suit, action, or proceeding is improper. Any rules of construction to the effect that ambiguities are to be resolved in favor of either party will not be employed in the interpretation of these Terms and are waived.
These Terms will remain in full force and effect while you are registered with Ayava and with regard to any Content ever posted by Ayava and any Resume you ever deliver to Ayava. Ayava reserves the right, at its sole discretion, to pursue all of its legal rights in connection with your use of Ayava’s website.
These Terms may not be modified orally, and a waiver or modification of any provision will not be construed as a modification of any other provision herein or as consent to any subsequent waiver or modification. Every term and provision of these Terms is intended as severable. If any one or more of them is found to be unenforceable or invalid, that will not affect the other terms and provisions which will remain binding and enforceable. Every term and provision of these Terms is intended to survive in perpetuity any actual or purported termination of these Terms.