Terms & Conditions
Terms & Conditions for Use of RealMatch job Site
Welcome to RealMatch!, a site powered by RealMatch Inc. Please read this web page carefully. Whether you are a job candidate or an employer, the Terms & Conditions (“T&C”) contained herein govern your use of this Site. By accessing, using, and/or downloading data, text, images, or other information from this Site, you indicate your acceptance of these T&C. Your acceptance of the T&C form a binding agreement (“Agreement”) between RealMatch Ltd. (“RM” or the “Company”) on the one hand, and you and/or the entity you represent on the other hand. If you do not agree with the T&C set forth herein, you may not use this Site.
1. Eligibility
In order to access and/or use this Site, you must be at least 18 years of age. By accepting the T&C as defined herein, you represent and warrant to the Company that you are at least 18 years of age, and that you have the capacity and authority to enter into a binding agreement between yourself, any entity you may represent, and RM. Your acceptance of the T&C further warrants that you will use the Site in a manner consistent with any and all applicable laws and regulations.
2. Privacy Policy
Your trust in RM is extremely important to the Company, and we want to ensure you that we take the utmost precautions to protect your personal information. In exchange for your acceptance of the T&C, the Company warrants that any and all personal information you provide will be kept in a safe and secure manner, and that at no time will the Company disclose any of your personal information to an unaffiliated third-party without your prior consent. Detailed Privacy Policy is provided under a separate link in this Site.
3. Permitted/Prohibited Uses
Subject to the T&C, RM grants you, the user, a non-exclusive, non-transferable right to access, view, and use the Site, solely for your personal or internal entity use, provided, however, that you may not, directly or indirectly: (i) allow others to use this Site for an improper and/or illegal purpose, including but not limited to, acts that could damage, impair, disable, or overburden the Site, use or abuse another user's registration information, including username and password; (ii) remove, print, copy, or transfer to a third-party any of the copyrighted or other proprietary information belonging to the Company, including, but not limited to, source code, computer programs, and HTML; (iii) sell, reproduce, or otherwise distribute or allow to be distributed, any aspect of the Site, including, but not limited to, any of the copyrighted or other proprietary information belonging to the Company for any public or commercial purpose without prior, written consent from the Company; (iv) impair, abuse, and/or interfere with the security and/or operations of this Site or any of the system resources, account information, networks, or other services provided by RM or other third-party affiliates; (v) impair, abuse, and/or interfere with another user's use, privileges, and/or enjoyment of the Site; (vi) use any spider, bot, or other automated program or device, to monitor, copy, summarize, transmit, or otherwise disseminate information from this Site, in whole or in part; (vii) create and/or maintain a false or fictitious user account, to be used for any improper and/or illegal purpose, as defined herein; (viii) send and/or transmit from this Site any unsolicited mass e-mails, including, but not limited to, spam, chain letters, or junk mail; (ix) register or allow the registration of an e-mail account to which you do not own or have explicit permission of the owner to register; and (x) post on the Site any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement, or other business opportunity which requires an up-front or periodic payment, pays commissions only (except for job postings that make clear that the employment opportunity pays commissions only, and clearly describes the product or service/s that the candidate would be selling), requires recruitment of other members, sub-distributors, or sub-agents.
By accepting the T&C, you agree that: (i) you will be individually and solely responsible for actions and/or communications made in the course of the usage of this Site; (ii) that any employment opportunity posted on this Site will be for lawful and proper purposes, as defined in herein; and (iii) you will not impersonate any person and/or entity, including, but not limited to, an employee or agent of RM, an authorized user of the Site, a job candidate, an employer, or otherwise misrepresent your affiliation with any person, user, or entity.
RM reserves the right to investigate any suspected violations of the T&C at its sole discretion, and that RM, if necessary, will cooperate with any and all law enforcement authorities in prosecuting a user who violated the T&C. To that extent, RM reserves the right to disclose any and all information provided to the Company by a user as necessary to satisfy and/or otherwise comply with any law, regulation, statute, or governmental request. Further, RM reserves the right to edit, modify, remove, or refuse to post any content, in whole or in part, that in the Company's sole discretion, is objectionable or otherwise violates these T&C.
4. No Resale of other Unauthorized Commercial Use
You, the user, agree not to resell, assign, or otherwise dispense of your rights and/or obligations under the T&C. You also agree not to make any other unauthorized commercial use of the Site.
5. The Company's Liability – Limitations
RM acts as a passive conduit through which job candidates and employers interact, and RM is in no way obligated to screen, edit, or otherwise monitor communications or information posted by users. By accepting the T&C, the user understands that RM has no control over the actual transaction that occurs between the candidate and the employer, including, but not limited to, the quality, legality, and/or safety of the employment opportunities listing on the Site, the ability of the employer to provide the employment opportunity posted on the Site, the truthfulness and/or accuracy of the resumes posted on the Site.
Each user understands and accepts that certain risks are present that stem from the user's usage of the Site, including, but not limited to, physical harm, interaction with strangers, underage persons, people who have been convicted of a crime, or even persons acting under false pretenses. You, the user, assume all the risks associated with dealing with other users of this Site. Please use common sense and the utmost caution when dealing with strangers. The use of this Site is at your own risk. The job candidate understands and accepts that you are solely responsible for the form and content of any resume or other material posted on the Site. The employer understands and accepts that it is solely responsible for the form and content of any job posting or other material posted on the Site. RM is not to be considered as an employer with any respect to your use of the Site. Further, RM is not to be held responsible for any employment decisions made by an employer, and RM plays no role whatsoever in whether an employer chooses to hire or not hire a job candidate.
The Company does not, and will not, confirm that each user is who they claim to be. If a dispute arises regarding a user-to-user interaction, or between a user and other user, you hereby fully release the Company, its directors, shareholders, affiliates, employees, agents, and assignees from claims, demands, and damages (actual, consequential, punitive, compensatory, direct, and indirect) of every kind and nature, known and unknown, suspected and unsuspected, foreseeable and unforeseeable, disclosed and undisclosed, arising from or in any way connected with such disputes.
If you are a resident of the State of California, your acceptance of the T&C waives California Civil Code d1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
RM is not an employment agency or a recruiting firm, and makes no representations or guarantees of any kind regarding the effectiveness or timeliness of the Site in meeting the employment objectives of users. Further, the Company does not guarantee that employment postings made by employers will result in job candidates being hired or positions being filled, as this is an internal decision to be made by the employer. Nothing on this Site is to be considered as an endorsement, representation, or warranty with respect to any user or third-party in regards to its web site, products, services, hiring, experience, employment or recruiting practices, continued financial viability of the user or third-party, or continued employment with the user or third-party if the job candidate is hired by an employer via usage of this Site.
6. Disclaimers
THIS SITE IS PROVIDED ON AN 'AS-IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. RM, TO THE FULLEST EXTENT POSSIBLE PERMITTED BY LAW, DISCLAIMS ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. RM MAKES NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE SITE, OR ANY ASPECT THEREOF.
THE COMPANY DOES NOT WARRANT THAT IT WILL OPERATE THE SITE ERROR-FREE, OR THAT ANY ASPECT OF THE SITE OR THE SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES, AGENTS, ASSIGNEES, OR ANY THIRD-PARTIES MENTIONED ON THE SITE BE LIABLE FOR DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RELATING TO LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RM'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE SITE, REGARDLESS OF CAUSE OF ACTION (WHETHER SOUNDING IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE) WILL NOT EXCEED $100.
7. Indemnity
By accepting the T&C, you hereby agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, shareholders, employees, agents, and assignees, from any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any user content or other material you provide to the Site; (ii) your use of the Site; (iii) your breach of the T&C. RM shall promptly provide you notice of any such claim, suit, or proceeding.
8. Links to Other Sites
This Site contains links to web sites operated by third-parties. These links are provided solely as a convenience to you and are not to be interpreted as an endorsement by the Company of the contents of such third-party web sites. RM is not responsible for the content of such third-party web sites, nor does the Company make any representations or warranties regarding the content of such third-party web sites. If you choose to access such third-party web sites, you do so at your own risk.
9. Changes to the Site, the T&C, and Notice
The Company may, in its sole discretion, update, change, edit, amend, or revise this T&C or to the Site itself at any time. Any such changes or amendments made to the T&C or to the Site itself will be binding on you on the date such changes or amendments occur (or on the date listed in any notice sent to you). It is your sole responsibility to periodically check the T&C to see if it has been updated, changed, edited, amended, or revised. Your continued use of the Site after such change or amendment made to the T&C or to the Site acts as an acceptance of any change or amendment. If at any time, you do not accept the T&C listed herein, you may no longer use this Site. Any new or different terms supplied by you are explicitly and specifically rejected unless the Company agrees to them in a signed writing specifically included those new or different terms.
10. Choice of Law
This Agreement is governed by the internal substantive laws of the State of Maryland, without respect to its conflict of laws principles. Jurisdiction for any claim arising under this Agreement shall lie exclusively with the state or federal courts located in the State of Maryland. If you access the Site from outside the United States, you do so at your own risk, and you are responsible for compliance with the laws of your jurisdiction.
11. General
The sole relationship between you and the Company is that of independent contractor. If any provision of this Agreement is found to be invalid by any court of competent jurisdiction, the invalidity of that part shall not affect the validity of the remaining parts of the Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive the termination of the Agreement, except those granting access and use of the Site, and you will be required to cease all use of the Site thereupon. No waiver of any term found in the Agreement shall be deemed a further or continuing waiver of any other part thereof. Except as expressly provided by the Company, this Agreement constitutes the entire agreement between you and RM.
12. Termination Policy & Violations of the T&C
Your continued use of this Site is at the sole discretion of the Company. The T&C will remain in effect during the time which you use and access the Site. RM reserves the right, at its sole discretion, to pursue all legal remedies, including, but not limited to, deletion of your account, deletion of your content, immediate termination of your limited right to use and access the Site, upon any breach by you of the T&C, or if the Company is unable to verify or authenticate any information you submit to the Site.
If you violate any aspect of the T&C, the Company reserves the right, at its sole discretion, to remove any job posting made by you, without being obligated to refund any of the posting fee paid by you.
