BY AND BETWEEN ERIN TECHNOLOGIES, INC. (“US”, “WE” and “Erin”)
THE EMPLOYEE AND EMPLOYER (“USER” and “YOU”)
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE OR ACCESS ANY PART OF THIS WEBSITE OR MOBILE APP.
AS SET FORTH BELOW, WE RESERVE THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT COMPANY’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
Users may deactivate your account at any time from the profile edit form within the application.
3. Intellectual Property
4. Access and Use
- Erin grants you a limited, revocable, nonexclusive license to use the Erin website and mobile app solely for your own personal and non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use without the prior written consent of Erin. You acknowledge that you do not acquire any ownership rights by downloading or printing website Content.
- You agree to comply with all applicable federal, state, and local laws including, but not limited to, intellectual property and copyright laws, and all import/export laws. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
- Prohibitions. You may not:
- remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on erinapp.com or the mobile app;
- circumvent, disable or otherwise interfere with security-related features of our website or mobile app;
- use an automatic device (such as a robot or spider) or manual process to copy or “scrape” our websites or mobile app for any purpose;
- collect or harvest any personally identifiable information from our website or mobile app including, without limitation, user names, passwords, email addresses;
- use the website or mobile app to solicit other users;
- attempt to or interfere with the proper working of our website or mobile app or impair, overburden, or disable the same;
- decompile, reverse engineer, or disassemble any portion of any our website or mobile app;
- use network-monitoring software to determine architecture of or extract usage data from our website or mobile app;
- encourage conduct that violates any local, state or federal law, either civil or criminal;
- engage in any conduct that restricts or inhibits any other user from using or enjoying our service.
5. User Registration
- In order to access or use some features of Erinapp.com and the mobile app, you will have to become a Registered User. If you are under the age of eighteen, then you are not permitted to become a Registered User or otherwise submit personal information to Erin.
- If you become a Registered User, you will provide accurate, current and complete registration information and, if such information changes, you will promptly update the relevant registration information. If Erin believes the information you provide is not correct, current, or complete, Erin has the right to deny access to any part of the Erin service, or to any of its resources, and to terminate or suspend your access at any time.
- During registration, you will create a user name and password (a “membership”), which may permit you access to certain areas of our website and mobile app not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your membership. You are solely responsible for the activity that occurs under your membership, whether or not you have authorized the activity. You agree to notify us immediately of any breach of security or unauthorized use of your membership.
6. User Content
- We may now or in the future permit users to post, upload, transmit through, or otherwise make available on our website or mobile app (collectively, “submit”) messages, templates, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on our website or mobile app. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
- You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
- You agree that you will only post, send and receive User Content that is considered proper and related to the particular service provided by Erin. You represent, warrant, and covenant that you will not submit any User Content that:
- You do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws;
- impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
- encourages or advocates, either directly or indirectly, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or discusses an intent to commit an illegal or immoral act;
- is an advertisement for goods or services or a solicitation of funds;
- contains a formula, instruction, or advice that could cause harm or injury;
- amounts to a pyramid or other like scheme, including, without limitation, contests, chain letter and surveys; or
- Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our website or mobile app will not be permitted.
- We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
- WHILE ERIN EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE WEBSITE OR MOBILE APP IS ENTIRELY AT YOUR OWN RISK, AND THAT ERIN SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
7. Employer Specific Terms
- License and Implementation Fees. Employer shall be responsible for the License and Implementation Fees as set forth on the Employer Order Form.
- Success Fees. All Candidates that accept an offer of employment or engagement as an independent contractor by Employer or an affiliate(s) of Employer must be reported by Employer as a Hired Candidate. Hired Candidate shall mean any Candidate that accepts an offer of employment or engagement as an independent contractor for any position from Employer or any of Employer’s affiliate(s), whether such offer is for full-time or part-time work, as an employee, independent contractor or paid advisor, regardless of the position for which they were referred under the Service.
Employer shall be responsible for the Success Fee that is set forth on the Order Form for each Hired Candidate engaged by Employer or an affiliate(s) within twelve (12) months of the most recent referral of that Candidate through the Service, regardless of the position for which the Candidate is referred or is ultimately hired. Employers shall pay the Success Fee under the terms of the Employer Order Form.
Should Employer fail to report such Hired Candidate within one week of that Candidate accepting an offer of employment or engagement as an independent contractor, once discovered, the Success Fee for that Hired Candidate will be doubled. Erin shall further have the right, in its sole discretion, to suspend or terminate Employer’s account immediately.
For the avoidance of doubt, Employer is responsible for a Success Fee for each Hired Candidate regardless of whether or not such Hired Candidate actually begins work for Employer, or such employment or engagement is terminated at any time or for any reason.
- Prior Engagement in the Hiring Process – If Employer can adequately show that it was engaged in the Hiring Process with a Candidate no more than six (6) prior to that Candidate’s most recent referral through the Service, the Success Fee for that Candidate will be waived. Hiring Process shall mean continuous, back and forth conversation between the Candidate and Employer in the context of a hiring process. Whether or not an Employer was previously engaged in the Hiring Process with a Candidate shall be determined at the sole discretion of Erin.
8. Website Content & Third Party Links
- We provide our website, mobile app, and website content, for the commercial, entertainment and promotional purposes of Erin. You may not rely on any information and opinions expressed on our website or mobile app for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any content.
- In many instances, Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on our website or mobile app by anyone other than authorized employees or spokespersons while acting in their official capacities.
- If there is a dispute between persons accessing our website or mobile app or between persons accessing our websites and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release Erin and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
- Our website and mobile app may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. Erin has not reviewed any or all of such sites and its not responsible for the content of any linking sites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
9. Referral Process.
Erin provides Users with the software tools that allows them to refer candidates for employment or engagement as a consultant or independent contractor. However, Erin does not act as an agent for the purposes of any referral process that takes place on the website or mobile app. Users, candidates and employers are solely responsible for any issues arising from their use of the Erin service. Any agreements created between candidates, Users or employers, or anyone else connected through the Erin service, are not binding on us, and we are not liable for, or obligated to enforce, any such agreement. Erin is not liable for any costs or damages arising out of any transaction which occurs as a result of your use of the Erin service. No contractual obligations are created for either the candidate, user or the employer through the use of the Erin service. An employer is not obligated to engage with a candidate, and a candidate is not obligated to accept any offer of employment or engagement as an independent contractor. Erin is not liable for any action, or lack of action, on the part of any User, candidate or employer that uses the Erin service, including, but not limited to, any liability under any applicable laws concerning employment discrimination, labor issues, workplace safety, personally identifiable information including medical information, medical leave, or concerning the proper classification of independent contractors and employees.
Erin, Employers and Users understand and agree that in the performance of this Agreement each party may have access to private or confidential information of the other party which either is marked as “confidential” or the receiving party should reasonably know under the circumstances that such information is confidential and/or proprietary information of the other party. Erin’s confidential information includes login credentials and any information relating to the Erin services. User’s confidential information does not include user content.
Each Party shall hold such information in confidence and not, without the consent of the other, disclose it to a third party or use it for any purpose other than in performance of this Agreement. This obligation of confidentiality shall not apply to information that is generally available to the public through no act or omission of the receiving party or becomes known to the receiving party through a third party with no obligation of confidentiality, or is required to be disclosed by law, court or by any government or regulatory authority.
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE AND MOBILE APP IS AT YOUR SOLE RISK. OUR WEBSITE, MOBILE APP AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, ERIN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE AND/OR MOBILE APP WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR MOBILE APP; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OR ACCESSED THROUGH OUR WEBSITE OR MOBILE APP; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR MOBILE APP; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE AND/OR MOBILE APP WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE, THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE WEBSITE, APP OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13. Limitation on Liability
- YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE OR MOBILE APP INCLUDING, WITHOUT LIMITATION, THE CONTENT AND USER CONTENT IS TO STOP USING OUR WEBSITE OR MOBILE APP. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR WEBSITE OR MOBILE APP OR ANY LINKS THEREON, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE , MOBILE APP OR ANY LINKS THEREON. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON OUR WEBSITE OR MOBILE APP.
- In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
14. Choice of Law
15. Dispute Resolution
It is expressly agreed that any Dispute (as defined below) arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the substantive laws of the State of New York and the arbitration rules of the National Arbitration Forum (“NAF”).
- If either of us wants to arbitrate a Dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. We will send notice to you based on the contact information you have provided us and notice to us must be sent to: _______________________________________We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.
- The FAA applies to this Agreement and arbitration provision. We each agree the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
- We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.
- We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other fees and costs relating to the arbitration.
16. No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
17. No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
All notices, requests, and communications hereunder shall be in writing, and any such notice, request or other communication shall be deemed to have been given or made when delivered by hand, transmitted by fax and confirmed or, in the case of delivery by mail, when deposited in the mail, certified mail, return receipt requested, postage prepaid, to: ______________________________________.