SMS TERMS OF USE
Last Updated: July 15, 2024
IMPORTANT: THESE TERMS APPLY TO AND AFFECT YOUR LEGAL RIGHTS IN THE UNITED STATES. PLEASE READ THEM CAREFULLY. THESE TERMS AND YOUR AGREEMENT TO RECEIVE SMS MESSAGES FROM US INCLUDES SECTION 7 BELOW TITLED “HOW ARE DISPUTES RESOLVED?” WHICH REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US, OUR SUBSIDIARIES OR AFFILIATES, OR ONE OF OUR BRANDS AND ANY OF THEIR EMPLOYEES, OFFICERS, DIRECTORS AND ANYONE ELSE ACTING BY OR ON THEIR BEHALF (COLLECTIVELY, “TALENT”), ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS ACTION. BECAUSE OF THIS MANDATORY BINDING ARBITRATION PROVISION, YOU CANNOT BRING CLAIMS AGAINST TALENT IN COURT, CANNOT REQUEST OR RECEIVE A JURY TRIAL, AND MUST ARBITRATE ON AN INDIVIDUAL ONLY BASIS AND NOT AS PART OF A MASS, CLASS OR REPRESENTATIVE ACTION.
Quick Guide to Contents
What are Alerts?
How do I sign up?
What if I don’t want to receive any more messages?
How do I get more info?
What are the Participating Carriers?
Privacy Policy
How are disputes resolved?
Indemnification
Limitation of Liability
Applicable Law
Severability
Entire Agreement
Changes to these Terms
1. What are Alerts?
Alerts include:
Marketing text messages that contain information regarding promotions, deals, or products. These messages are intended to market to you as a customer our services or products, and contains advertising, solicitations and marketing materials and communications; and
Non-marketing informational text messages that contain information regarding the services or products we provide to you. These messages are not intended to market to you as a customer, but are intended to provide information to you pertaining to your use of our services and products, including transactions relating thereto.
Consent to Receive Autodialed Text Messages. By taking part in Alerts and opting in to receive text messages, you expressly consent that you are providing your ESIGN signature and expressly consent to receive recurring autodialed non-marketing and marketing text messages, including SMS and MMS or any other form, from or on our behalf and our marketing and service partners texting on our behalf, at the mobile telephone number associated with your opt-in. You understand and agree that text messages may utilize or be sent using an automated system, automated technology, an autodialer, an automated system for the selection and/or dialing of telephone numbers, an automatic telephone dialing system (“ATDS”), and/or any other type of systems, softwares, hardwares, or machines (no matter how they may be named or classified, and whether used alone or in conjunction with one another) that may use an automated procedure or technology or process for sending text messages, SMS or MMS, at the mobile telephone number associated with your opt-in. You further acknowledge that you have read and agree to the Terms of Use and the Privacy Policy. You further acknowledge that your consent is not a condition to purchasing any products or services. Your participation in the Alerts is completely voluntary. Msg & data rates apply. Message frequency will vary. You may opt out at any time.
We may modify or cancel the Alerts or any of its features without notice. To the extent permitted by applicable law, we may also modify these Terms at any time and your continued use of the Alerts following the effective date of any such changes shall constitute your acceptance of such changes.
We may change any short code or telephone number we use to operate the Alerts service at any time. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers associated with the Alerts service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number and notify us that your number has changed. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Alerts service, any errors in such information, and/or any action you may or may not take in reliance on the information or service.
2. How do I sign up?
There are many ways to sign up for the Alerts programs:
You may sign up by texting to the applicable short code displayed on the applicable sign up page affirmatively requesting to receive the Alerts.
You may sign up by ___________________.
Any other ways to sign up?
3. What if I don’t want to receive any more messages?
You may opt-out of these communications at any time. To stop receiving Alerts, you may (a) text STOP to any of the text messages you receive; or (b) click the unsubscribe link (where available) in any text messages your receive. You may receive a one-time opt-out confirmation message confirming your opt-out, and no further messages will be sent to your mobile phone unless you later choose to opt back in or unless otherwise initiated by you.
If you have subscribed to other Talent or Talent mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
In the event that you change or deactivate your mobile number, you must contact us at privacy@career.io to remove your number and you hereby agree to indemnify, defend, and hold Talent harmless from and against any and all claims, losses, damages, costs, and expenses incurred by Talent in connection with your failure to do so.
4. How do I get more information?
To request more information regarding Alerts, or if you have any questions, please email us at privacy@career.io.
5. What are the Participating Carriers?
Most wireless carriers support Alerts. Check with your wireless carrier if you have questions. You may also request more information from us if you have any questions, by emailing us at privacy@career.io. The wireless carrier does not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.
6. Privacy Policy and Website Terms of Use
By signing up for Alerts, you also accept and agree to be bound, the Terms of Use and Privacy Policy. By taking part in the Alerts and consenting to receive text messages, you confirm, acknowledge and agree that you have read these Terms of Use and Privacy Policy and agree to be bound by them.
7. How are disputes resolved?
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO ALERTS, YOUR RECEIPT OF TEXT MESSAGES OR ANY OTHER COMMUNICATIONS FROM TALENT (AS DEFINED ABOVE, WHICH INCLUDES TALENT BRANDS, AFFILIATES, AND SUBSIDIARIES), AND ANY CLAIMS IN ANY FORM WHATSOEVER YOU MAY HAVE AGAINST TALENT WORLDWIDE, INC., ITS BRANDS, AFFILIATES, SUBSIDIARY COMPANIES, EMPLOYEES, OWNERS, MEMBERS, OFFICERS, DIRECTORS AND ANYONE ELSE ACTING BY OR ON THEIR BEHALF, SHALL BE RESOLVED EXCLUSIVELY BY MANDATORY BINDING ARBITRATION, ON AN INDIVIDUAL ONLY BASIS, AND NOT AS A PART OF ANY MASS, CLASS OR REPRESENTATIVE ACTION, AND NOT IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS ARBITRATION PROVISION.
Mandatory Binding Individual Only Arbitration. Except as expressly provided in this Section 7, you agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity, or any other legal theory) between you and any of the entities or persons identified in the foregoing paragraph, whether arising out of or relating to past, present, or future acts or omissions and including but not limited to, disputes in any way related to Alerts, your receipt of text messages or any other communications from us, or these Terms (“Claims”) shall be exclusively resolved by mandatory binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).
What is Arbitration: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
Waiver of Class Actions. You agree that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. You expressly agree that that your will not participate in, or act as a named representative or plaintiff in, any class action, mass action, collective action, consolidated action, private attorney general action, or other mass, class, collective or representative lawsuit or proceeding. You agree that the arbitrator has no authority to arbitrate Claims on a class-wide, mass or collective basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one (1) person in a single arbitration, unless otherwise agreed to by Talent in its sole and absolute discretion.
WAIVER OF JURY TRIAL. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION. ARBITRATION PROCEDURES ARE TYPICALLY MORE LIMITED, MORE EFFICIENT AND LESS COSTLY THAN RULES APPLICABLE IN COURT AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. IN THE EVENT ANY LITIGATION SHOULD ARISE BETWEEN YOU AND TALENT IN ANY STATE OR FEDERAL COURT IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION AWARD OR OTHERWISE, YOU AND TALENT WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE.
Opt-out. You may opt out of this Arbitration Agreement if you send us a signed, written opt-out notice within thirty (30) days of your initial visit to the any of our websites, or within thirty (30) days of your initial signup to any Alerts program. Any opt-out notice shall be sent to Talent at: Talent Worldwide, Inc., 410 Lexington Avenue, Suite 1402 - 1063 NY, NY 10170, Attn. Privacy or by email to privacy@career.io.
Claims Not Subject to Arbitration. There are only four (4) exceptions to this Arbitration Agreement:
Small Claims. Either party may bring individual claims in small claims court.
Personal Injury Claims. Both parties may litigate personal injury claims in court. For purposes of this exception, personal injury claims are claims arising from injury to the physical structure of the human body.
Emergency Equitable Relief. Either party may seek emergency temporary injunctive relief or other equitable relief in court pending arbitration. A request for interim emergency measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement. This exception shall not permit you to file an action in court to seek injunctive relief related to the Alerts and text messages from Talent.
Intellectual Property Rights. To the extent you have in any manner violated or threatened to violate Talent’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights), we may bring a lawsuit for injunctive relief to stop unauthorized use or abuse of the applicable site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration.
Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or we must do the following things: (1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at http://www.jamsadr.com. (2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111. (3) Send one copy of the Demand for Arbitration to the other party. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In addition, for claims of less than $1,000, we will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in either Chicago, IL, New York City, NY, or Miami, FL (whichever is closest to your residence), or any other location we mutually agree to, subject to Delaware law. The arbitrator may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Arbitrator’s Authority and Award. The arbitrator (and not a court) will have the sole and exclusive authority to decide threshold issues of the arbitrability of Claims and whether this Arbitration Agreement applies to such a Claim. The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.
Governing Law. This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law, and the laws of the State of Delaware.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to, the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.
YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
8. Indemnification You agree to indemnify and hold harmless Talent Worldwide, Inc., including our brands, affiliates, officers, directors, service and marketing partners, parents companies, subsidiaries, agents, successors, assigns, employees, and franchisees, from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above and/or if any material that you post using the sites causes us to be liable to another, including specifically but not limited to, your changing of your phone number without notifying us. We reserve the right to assume the exclusive defense of any such claim, and you agree to provide us with such reasonable cooperation and information as we may request. You will not in any event settle any claim without the prior written consent of a duly authorized employee of Talent.
9. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TALENT WORLDWIDE, INC., ON BEHALF OF ITSELF, ITS BRANDS, AFFILIATES, AND SUBSIDIARIES, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, FRANCHISEES, AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS OR MALICIOUS CODE; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR TAKING PART IN ALERTS AND YOUR RECEIPT OF TEXT MESSAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER BASIS WHATSOEVER.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
You may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.
Before seeking legal recourse for any harm you believe you have suffered arising from or relating to these terms, your receipt of text messages, or your use of our services, products, sites, or Alerts, you agree to inform us in writing and to give us thirty (30) days to cure any alleged harm before initiating any arbitration as set forth herein, or action excluded from the arbitration provision. You must initiate any arbitration (or an action excluded from the arbitration provision) within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.
10. Applicable Law. Except as otherwise provided herein, these terms, your receive of text messages, and your agreement to the Alerts program is governed by the laws of the State of Delaware. These Terms shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.
11. Severability. If any term herein is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
12. Entire Agreement. These Terms (together with our Terms of Use and Privacy Policy and any additional terms applicable to you to which you have consented) contain the entire understanding and agreement between you and us, and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and us.
13. Acknowledgement and Changes to These Terms. You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. Any new features, changes, updates or improvements of any Talent Alert or program related thereto shall be subject to these Terms unless explicitly stated otherwise in writing. We reserve the right to change these Terms from time to time. Any updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in any the Alerts and by continuing to receive text messages as agreed after any such changes, you accept these Terms, as modified.
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