Last Modified: Feb. 1, 2020
Acceptance of Terms
These Terms of Service (“Terms”) govern your use of the WorkLLama™ mobile application, www.workllama.com, any other WorkLLama™ website (collectively, the “Application”), and the services, content and information provided through the Application that are owned or operated by WorkLlama, Inc. (together with our affiliate, WorkLlama Staffing Services, Inc., “WorkLlama”, “we”, “our” or “us”).
By accessing, downloading, installing, registering for or using the Services, or by clicking to accept or agree to the Terms when this option is made available to you, you: (i) acknowledge that you have read and understand these Terms; (ii) accept and agree to be bound by them in their entirety; (iii) are entering into a legally binding agreement with us; and (iv) acknowledge that, except as otherwise expressly provided, these Terms are solely between you and WorkLlama. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHALL NOT USE THE SERVICES.
Changes to Terms
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them to the Application, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check the Application from time to time so you are aware of any changes, as they are binding on you.
Accessing the Services
- Scope of Services. “Services” means the Application and the services, content, functionality, and information provided on or through the Application that allows employers and job seekers to interact online and assess one another in connection with their respective employment goals. The Services are for your own personal, non-commercial use only. Services exclude the employment or otherwise engagement of job seekers for the provision of services of any kind, which is not governed by Section 5 of these Terms.
- Registration. You must register for this Application to post a job or review job seekers’ information through the Application or to otherwise use certain features of the Application. Registration alone does not permit you to employ or otherwise engage job seekers for the provision of services of any kind. Employing or otherwise engaging job seekers for the provision of services of any kind is governed by Section 5 of these Terms. If you simply want to browse this Application, registration is optional, although all features in information may not be available to you unless you register. During registration you will be required to provide various information including your company name, your full name, your title, email address, mobile phone number, and password. You can select any available username, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of certain Application functions. We reserve the right to reject or remove any username or any WorkLLama™ account in our sole discretion.
- Account Security. You assume all responsibility for your use of, and access to, the Services. You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting such data. Access to our Services and to certain online transactions may involve the use of identification numbers, passwords, or other individualized nonpublic information (“Private Documentation”). You shall use your best efforts to prevent unauthorized use of our Services, your account, or of any Private Documentation, and shall promptly report to WorkLlama any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your account, identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords.
- Information You Submit to the Application. You represent and warrant that all information you submit to us through the Application is true, accurate, current and complete and that you will promptly update your WorkLLama™ account if your information changes. It is your responsibility to keep your account and profile information accurate and updated. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us. The account you create and any related profile is owned by us. With regard to your account, you agree to: (i) keep your password secure and confidential; (ii) not permit others to use your account; (iii) not use the accounts of others; (iv) not transfer your account to another party; and (v) notify us of any actual or suspected unauthorized use of your account.
- Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Application and any updates thereto. WorkLlama does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
License Grant and Restrictions
- License Grant. Subject to these Terms, WorkLlama grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license and right to access the Services through a generally available mobile device or web browser to view content and information and otherwise use the Services to the extent intended and permitted by the functionality thereof. This license is personal to you, and you may not resell our Services or permit other users access to our Services through your account. This license may be revoked at any time for any reason, or no reason at all, at the sole discretion of WorkLlama.
- License Restrictions. Without the prior written approval of WorkLlama, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Services. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Services. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Services you are using. The Services provided by WorkLlama are licensed, not sold.
Use of Services to Engage Job Seekers and/or Your Employees
- Scope. In addition to the other Terms, the provisions of this Section 5 apply to your use of the Services to (i) employ or otherwise engage job seekers to perform services on your behalf, either temporary or permanent basis, where you act as the sole employer of record (“Direct Sourcing”) and (ii) manage, collect data, and generate and receive reports with respect to your current employees and temporary employees (collectively, “Current-workforce”) (“Workforce Management”). The provisions of this Section 5 do not apply to your use of the Services to employ or otherwise engage a job seeker where you do not serve as the employer of record. If you intend to use the Services to employ or otherwise engage a job seeker where WorkLLama Staffing Services, Inc. (“WLSS”) serves as the employer of record, you must first enter into a separate agreement with WLSS for such purposes (a “Worker Crowdsourcing Agreement”). Please contact us at support@workLLama.com for more information about a Worker Crowdsourcing Agreement and related services.
- Proposal. The general description of Direct Sourcing and Workforce Management services and the responsibilities and obligations of you and us with respect to Direct Sourcing and Workforce Management will be set forth in a written proposal executed by you and WorkLlama and/or WLSS for such purposes (the “Proposal”). You may signify your acceptance of the terms in the Proposal and herein by either or both of execution of the Proposal or your use of the Application to access Direct Sourcing and Workforce Management services in accordance herewith. In the event of a conflict between the Proposal and these Terms, the Proposal will govern.
- Responsibilities and Obligations. In clarification of and in addition to, without limiting, the Proposal, you shall have the following responsibilities and obligations with respect to Direct Sourcing:
- providing WorkLlama with complete and accurate information for job postings;
- reviewing the applications and credentials of job seekers and identifying and selecting job seekers (“Selected Seekers”) to fill job postings;
- of the Selected Seekers who accept your selection, verifying that the Selected Seeker meets your specifications with respect to the job posting and your needs prior to employing the Selected Seekers, which may include background checks and employment eligibility verification);
- employing Selected Seekers (“Assigned Employees”) who meet your criteria and accept the position as the employer of record for all purposes;
- all training of Assigned Employees under state, federal and local laws, including those regarding anti-harassment, anti-retaliation, anti-discrimination, workplace safety training and any other applicable laws, as well as and training and orientation, including safety and equipment training, that is specific to your facility or worksite or the work to which the Assigned Employee is assigned;
- management and supervision of all Assigned Employees; and
- fulfilling all other obligations you have as the employer of record with respect to an employee-employer relationship under applicable law.
- Fees and Payment Terms. Fees for Direct Sourcing and Workforce Management services, including fees for direct permanent hire onto you own payroll or engagement as an independent contractor any job seeker or Assigned Employee, will be set forth in your Proposal. Payment is due in accordance with the payment terms set forth in your Proposal. Your approval of timesheets for Assigned Employees certifies that the hours shown are correct, that the work was performed to your satisfaction and that we are authorized to bill you for those hours. If any portion of any invoice is disputed, you shall pay the undisputed portion as the parties attempt to resolve any disputed amounts. Invoices that remain unpaid after the date due accrue a late charge at the rate of one and one-half percent (1.5%) per month or the maximum legal rate, whichever is higher.
- Disclaimer of Warranties. We make no representation or warranty regarding any job seeker or Assigned Employee, including no warranty that the crowd of job seekers will meet your needs nor that any specific job seeker or Assigned Employee will have the qualifications you require or will meet any expectations related to performance or otherwise. Furthermore, we make no representations that any of the Direct Sourcing and Workforce Management services will satisfy any obligations you have as the employer of record with respect to an employee-employer relationship under applicable law, which remain your sole responsibility. This disclaimer is in addition to and not in limitation of any other general disclaimer set forth in these Terms.
- Compliance with Employment Laws. You affirm and agree that you are an equal employment opportunity employer and are in full compliance with any and all applicable anti-discrimination laws, rules and regulations. You agree not to harass, discriminate against or retaliate against any Assigned Employee because of his or her race, national origin, age, sex, religion, disability, marital status or other category protected by law; nor shall you cause or request us to engage in such discrimination, harassment or retaliation. In the event of any complaint of unlawful discrimination, harassment or retaliation by any Assigned Employee, you agree that your response thereto, including the investigation and resolution thereof, shall be in compliance with applicable law.
- All Rights Reserved. The Services, and all copies of the Services, are owned by WorkLlama or its third party licensors and are protected by various intellectual property laws, including, without limitation, copyright and trade secret laws. WorkLlama reserves all rights not expressly granted to you herein. You agree that you have no right to any WorkLlama trademark or service mark and may not use any such mark in any way unless expressly authorized by WorkLlama.
You may not use our Services to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
- Using the Services while operating a motor vehicle;
- Acts that may materially and adversely affect the quality of other users’ experience;
- Actual or attempted unauthorized use or sabotage of any computers, machines or networks;
- Introducing malicious programs into the Services, network or servers (e.g. viruses, worms, Trojan horses, etc.);
- Engaging in any monitoring or interception of data not intended for you without authorization;
- Attempting to circumvent authentication or security of any host, network, or account without authorization;
- Using any method, software or program designed to collect identity information, authentication credentials, or other information;
- Falsifying user identification information;
- Using the Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; or
- Impersonating any person or entity, including, but not limited to, a WorkLlama representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
User Contributions and Standards; Copyright Infringement
- General. The Services may contain message boards, chat rooms, user web pages or profiles, forums, bulletin boards, job postings, resumes, employer/job seeker rating, messaging applications, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.
All User Contributions must comply with the Content Standards set out in these Terms. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Service, you grant us and our affiliates, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Application.
- Content Standards. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Enforcement. We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Application or the public, or could create liability for WorkLlama.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Application.
- Terminate or suspend your access to all or part of the Application for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application. YOU WAIVE AND HOLD HARMLESS WORKLLAMA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Application, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- Copyright Infringement. If you believe that any User Contributions violate your copyright, please see our Copyright for instructions on sending us a notice of copyright infringement. It is the policy of WorkLlama to disable and/or terminate the user accounts of repeat infringers.
Suspension and Termination of the Services
WorkLlama may deny or restrict your access to all or any part of the Services without notice for any reason or for no reason at all, including if, in WorkLlama’s sole discretion, it deems that you have engaged in any conduct or activities that WorkLlama, in its sole discretion, believes violates the letter or spirit of any of these Terms.
In the event that these Terms or the Services are terminated for any reason or no reason, you acknowledge and agree that you will continue to be bound by these Terms. Following termination, you shall immediately cease use of the Services and any license granted to you under any agreement related to your use of the Services shall immediately terminate. WorkLlama will not be liable to you or any third party as a result of the termination of these Terms or the Services or for any actions taken by WorkLlama pursuant to these Terms as a result of such termination. Without limiting the generality of the foregoing, WorkLlama will not be liable to you or any third party for damages, compensation, or reimbursement relating to your use of the Services, or the termination thereof.
You may terminate these Terms by terminating your use of the Services and any related account; provided, however, immediately upon your subsequent access of the Services or creation of an account, the Terms then in effect shall become effective.
Third Party Content and Terms
- App Store Terms. If you are accessing the Services through an application downloaded from the Apple App Store, you and WorkLlama agree to the following additional terms:
- WorkLlama and you acknowledge that these Terms are concluded between you and WorkLlama only, and not with Apple, and WorkLlama, not Apple, is solely responsible for the Services and the content thereof. WorkLlama and you agree to be bound by the App Store Terms of Service as of the effective date of these Terms (which you acknowledge you have had the opportunity to review), including without limitation the Usage Rules (as defined in the App Store Terms of Service) (capitalized terms below have the definitions given to them in the App Store Terms of Service unless otherwise defined herein).
- You may only access the Services on an iOS product that you own or control and only as permitted by the Usage Rules set forth in the App Store Terms of Service.
- To the extent set forth herein or required by applicable law, WorkLlama is solely responsible for providing any maintenance and support services with respect to the Services. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
- WorkLlama, not Apple, is solely responsible for any product warranties set forth in these Terms, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application to you; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, if any, will be WorkLlama’s sole responsibility, to the extent not disclaimer herein.
- WorkLlama and you acknowledge that WorkLlama, not Apple, is responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Apple shall in no way be responsible for any claim (including any related investigation, defense, settlement or discharge thereof) that the Services or your possession and use of the Services infringe any third party’s intellectual property rights.
- If you send or receive SMS messages through the Services, you acknowledge that standard text messaging rates or other carrier charges may apply to such use.
- If you authorize WorkLlama to access your Address Book on your iOS product, you acknowledge and agree that WorkLlama may access and use such data to share jobs with your contacts.
Relationship between the Parties
e Application serves as, among other things, a marketplace (i) for employers to post job opportunities, search for and evaluate job candidates; and (ii) for candidates to post resumes, credentials, and certifications as well as search for and evaluate job opportunities. Nothing in these Terms is intended or should be construed to create a partnership, joint venture, principal-agent, or employer-employee relationship between WorkLlama and you and you shall take no position to the contrary. In the absence of a separate agreement between you and WorkLlama or any company affiliated with WorkLlama, WorkLlama and any company affiliated with WorkLlama undertake no obligations with respect to the foregoing except as expressly set forth in these Terms. You are solely responsible for your review of and decisions with respect to job seekers through the Application. Without limiting the generality of the foregoing, you are not entitled to nor shall you claim any services from any job seeker nor from WorkLlama, its parents, subsidiaries, affiliates or other related entities unless and until you have entered into a separate agreement with one or more of WorkLlama, its parents, subsidiaries, affiliates or other related entities with respect to such services.
Similarly, any information you submit or post to the Application will be considered non-confidential and non-proprietary. By providing such information on or through the Application, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
- Use and Disclosure. From time to time, in the course of using the Services, you may be given access to confidential information about job seekers or WorkLlama, its parents, subsidiaries, affiliates or other related entities. During the term of these Terms and at all times thereafter, you will (i) hold all Confidential Information in strict trust and confidence, (ii) refrain from using or permitting others to use Confidential Information in any manner or for any purpose not expressly permitted or required by these Terms, and (iii) refrain from disclosing or permitting others to disclose any Confidential Information to any third party without obtaining WorkLlama’s express prior written consent on a case-by-case basis. “Confidential Information” means any and all information related to WorkLlama’s business (including trade secrets, technical information, business forecasts and strategies, marketing plans, supplier lists, personnel information, financial data, and proprietary information of third parties) that WorkLlama considers to be confidential or proprietary or WorkLlama has a duty to treat as confidential, and the personal information of job seekers.
- Standard of Care. You will protect the Confidential Information from unauthorized use, access, or disclosure in the same manner as you protect your own confidential or proprietary information of a similar nature, and with no less than reasonable care.
- Exceptions. Your obligations under this Section 13 will terminate with respect to any particular information that you can prove, by clear and convincing evidence, (i) you lawfully knew prior to WorkLlama’s or job seeker’s, as the case may be, first disclosure to you, (ii) a third party rightfully disclosed to you free of any confidentiality duties or obligations, or (iii) is, or through no fault of you has become, generally available to the public. Additionally, you will be permitted to disclose Confidential Information to the extent that such disclosure is expressly approved in writing by WorkLlama or the job seeker, as applicable, or is required by law or court order, provided that you immediately notify WorkLlama or the job seeker, as applicable, in writing of such required disclosure and cooperate with WorkLlama or the job seeker, as applicable, at the reasonable request and expense of WorkLlama or the job seeker, as applicable, in any lawful action to contest or limit the scope of such required disclosure, including filing motions and otherwise making appearances before a court.
- Removal/ Return. Upon WorkLlama’s request and upon any termination or expiration of these Terms, you will promptly (i) return to WorkLlama or, if so directed by WorkLlama, destroy all Confidential Information (in every form and medium), (ii) permanently erase all electronic files containing or summarizing any Confidential Information, and (iii) certify to WorkLlama in writing that you have fully complied with these obligations.
Using the Services through a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Services through a mobile device may cause data to be displayed on and through your mobile device. In the event you change or deactivate your mobile account, you must promptly update your WorkLLama™ account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Application through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.
Representations and Warranties
You represent and warrant that you: (i) do and will comply with all applicable laws and regulations in connection with your use of the Services, (ii) are at least 18 years of age or otherwise over the age of majority in the jurisdiction in which you reside, (iii) are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto, (iv) will only maintain one account at any given time, (v) will only provide accurate information to WorkLlama, (vi) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party, and (vii) will not violate any rights of WorkLlama or a third party.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT WORKLLAMA HAS NO LIABILITY FOR ANY ACT, OMISSION OR DECISION MADE BY WORKLLAMA OR ANY OTHER THIRD PARTY AND NO JOB SEEKER SHALL HAVE LIABILITY FOR ANY ACT, OMISSION OR DECISION MADE BY WORKLLAMA. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NON-INFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. WORKLLAMA DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. WORKLLAMA DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, WORKLLAMA’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
You agree to defend, indemnify and hold WorkLlama, its parents, subsidiaries, affiliates and other related entities, and the officers, directors, employees and agents of each of the foregoing (the “Indemnified Parties”) harmless from all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, that are incurred by any of the Indemnified Parties (collectively, “Losses”) arising out of or relating to (i) any violation of these Terms by you; (ii) your violation of any rights of another; (iii) your use of the Services, including, without limitation, your User Contributions; (iv) bodily injury, death of any person or damage to real or tangible, personal property resulting from the willful, fraudulent or grossly negligent acts or omissions of you or any of your employees or agents; (v) your material breach of any representation, warranty or obligation set forth in these Terms; (vi) any employment claim of any nature made against the Indemnified Parties to the extent that such claim is based, in whole or in part, on an act or omission committed by you or any of your employees or agents. Each of the Indemnified Parties reserves the right, at your expense, to, upon notice, assume the exclusive defense and control of any matter subject to indemnification hereunder.
Limitation of Time to File Claims
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WORKLLAMA OR ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“WORKLLAMA PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THESE TERMS SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.
IN NO EVENT SHALL THE WORKLLAMA PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDEMNITY, LOSS OR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO: (A) YOUR FAILURE TO SAFEGUARD YOUR PREMISES, PROCESSES OR SYSTEMS FROM ASSIGNED EMPLOYEES; (B) YOUR FAILURE TO PROVIDE A SAFE WORKSITE; (C) AN ASSIGNED EMPLOYEE’S USE OF A VEHICLE OWNED BY YOU; OR (D) CONDUCT OF YOUR OFFICERS, EMPLOYEES OR AGENTS.
THE WORKLLAMA PARTIES’ TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED ONE HUNDRED (100) US DOLLARS. SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE WORKLLAMA PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN SECTIONS 17, 19, AND 20 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THESE TERMS.
Excluding claims for injunctive or other equitable relief, for any claim where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution provider mutually agreed upon by the parties. The arbitration shall be conducted by telephone, online or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial.
Electronic Notices and Disclosures
You acknowledge and agree that WorkLlama may provide notices and other disclosures to you electronically by posting such notices or other disclosures in the Application or by emailing it to you at any email address you provided to WorkLlama. Such notices or other disclosures shall be considered received by you following the posting in or on the Application or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.
These Terms, along with any rules, guidelines, or policies posted in the Application constitute the entire agreement between WorkLlama and you with respect to your use of our Services; except that, any use of the Services to employ or otherwise engage a job seeker WLSS serves as the employer of record will be subject to a separate Worker Crowdsourcing Agreement that you must enter into with WLSS for such purposes, which may or may not make reference to or incorporate by reference these Terms. If there is any conflict between these Terms and any other rules or instructions posted on the Services, these Terms shall control; except to the extent that these Terms conflict with a Worker Crowdsourcing Agreement, which conflict shall be resolved pursuant to the Worker Crowdsourcing Agreement. No amendment to these Terms by you by shall be effective unless acknowledged in writing by WorkLlama. These Terms shall be governed by, and construed in accordance with, the laws of the state of Georgia, without reference to its choice of law rules. Subject to the arbitration provisions above, exclusive venue for any action arising out of or in connection with these Terms shall be in Atlanta, Georgia. The parties each hereby consent to the jurisdiction and venue in Atlanta, Georgia and waive any objections to such jurisdiction and venue. Notwithstanding the foregoing, you agree that WorkLlama shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect. You may not assign your rights or obligations under these Terms without the prior written consent of WorkLlama. WorkLlama’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that WorkLlama may have pursuant to any intellectual property laws or any other laws. All rights and remedies available to WorkLlama, pursuant to these Terms or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to WorkLlama. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, or any other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services. Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and WorkLlama, to claim a beneficial interest in these Terms or any rights occurring by virtue of these Terms.
Your Comments or Concerns
If you have any questions, complaints, or claims, you may contact WorkLlama at 1000 Circle 75 PKWY SE Suite #705 Atlanta, GA 30339-3009, firstname.lastname@example.org, and 770-691-5853.
This policy describes the types of information that WorkLLama, Inc. (“WorkLLama,” ”we,” “us”) may collect from you or that you may provide when you use the WorkLLama mobile application or www.workllama.com (collectively, the “App”) and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information collected through the App and from electronic messages between you and the App. This policy does not apply to information collected by: (i) us offline or through any other means, including through any other application operated by WorkLLama or any third party; or (ii) any third party (including our affiliates), including through any application or content that may link to or be accessible from the App.
Please read this policy carefully to understand our policies and practices regarding your information. By accessing or using the App, you agree to this policy. If you do not agree with our policies and practices, your choice is not to use the App.
Several types of information from and about users of the App are collected, including:
- Information by which you may be personally identified, such as name, social security number, postal address, e-mail address, mobile telephone number, driver’s license number or any other identifier by which you may be contacted online or offline (“personal information”).
- Date of birth, professional or other work-related licenses, and training certificates.
- Information that is about you but individually does not identify you, such as information about your internet connection, the mobile device you use to access the App and usage details.
- Your geolocation data.
Information You Provide to Us
The information you provide to us through the App may include:
- Information you provide by filling in forms in the App, including information provided at the time of registering to use the App or requesting information made available on or through the App.
- Information we request when you report a problem with the App.
- Correspondence or other communications that you may send to us through the App.
Information Collected Through Automatic Data Collection Technologies
As you navigate through and interact with the App, we may collect, through automatic data collection technologies, certain information about your mobile device, browsing actions and patterns to improve the App and deliver a better and more personalized service, to help remember and process the items in your shopping cart, to compile aggregate data about App traffic and interactions to better serve you, to keep track of referrals of jobs or companies to other individuals, and to keep track of advertisements. Your mobile application and web browser settings allow you to control and limit cookies on your computer or mobile device. If you reject cookies, you may still use the App, but your ability to use some areas or functions of the App may be limited
“Unique Identifiers” may also be used to enable your use of the App. Unique Identifiers are small files used by our App that are stored on your device when the App is first installed for the purposes of identifying your device for consistent usage across sessions in the App. Unique Identifiers are installation specific: if the App is uninstalled and then reinstalled, the old Unique Identifier is deleted and a new Unique Identifier is installed. These Unique Identifiers do not contain any personal information or other sensitive information. We use Unique Identifiers to track and enhance your usage of the App.
Third-party Use of Automatic Data Collection Technologies
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We may use information that we collect about you or that you provide to us, including any personal information:
- To present the App and its contents to you.
- To provide you with information, products or services that you request from us.
- To fulfill any purpose for which you provide such information.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and WorkLLama.
- For WorkLLama’s internal business purposes.
- To personalize your experience with the App.
- To improve the App.
- To improve customer service.
- To administer contests, promotions, surveys or other website features.
- To process transactions.
- To notify you about changes to the App or any products or services we offer or provide through it.
- To perform background checks and payroll processing.
- For marketing or remarketing purposes.
- In any other way, we may describe when you provide the information.
- For any other purpose with your consent.
Disclosure of Your Information
We may disclose aggregated information about our users and information that does not identify any individual without restriction.
We may share personal information with our website hosting partners, third-party technology or marketing partners, and other parties who assist us in operating our website, conducting our business, or servicing you.
- To our affiliates, contractors, service providers and other third parties we use to support our business.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of WorkLLama’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by WorkLLama about App users is among the assets transferred.
- To fulfill any purpose for which you provide such information.
- For any other purpose disclosed by us when you provide the information.
- To comply with any court order, law or legal process, government or regulatory request.
- To enforce or apply our terms of service and other agreements between you and WorkLLama.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of WorkLLama, our affiliates, customers or service providers.
- For any other purpose with your consent.
- We may share personal information with our website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you.
- To employers that participate in or otherwise use or access our services, provided that your information is only provided where you are applying for a job specific to those employer(s).
- For background checks, payment, to display recommended/preferred jobs and targeted referral campaigns where applicants can earn future rewards and cash incentives.
- Non-identifiable information (statistical) is used for analysis, reporting and skills sets. No personal information is exchanged in these types of analytical applications.
Third Party Links
Occasionally, at our discretion, we may include or offer third party products or services on our App. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Accessing and Correcting Your Information
You may change any personal information that you have submitted to us through the App by logging into your account and updating your account profile in the App.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. Unfortunately, the transmission of information via the Internet is not completely secure. Although we use commercially reasonable efforts to protect your personal information, we cannot guarantee the security of your personal information transmitted to the App. Any transmission of personal information is at your own risk. We are not responsible for any party’s circumvention of any privacy settings or security measures contained in the App.
Your California Privacy Rights
If you are a California resident and request information about how to exercise your third party disclosure choices, send a request to the email address below.
Children Under the Age of 13
The App is not intended for children under 13 years of age. No one under age 13 may provide any information through the App. If you are under 13, do not use or provide any information through the App or on or through any of its features. We do not knowingly collect personal information from children under 13; however, if we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. Please contact us if you believe we might have personal information about a child under age 13.
Fair Information Practices
In order to comply with the Fair Information Practices, should a data breach occur of which we are aware, we will notify affected users by email within ten (10) business days of becoming aware of such data breach.
Third-Party Data Use
When visiting our website, third parties (such as AdRoll, social media platforms and/or Google) may place cookies on your browser for targeted advertising purposes.
On ads we serve through AdRoll, look for an AdChoices logo (the blue triangle) in the corner of the ad. Click the logo to learn more about interest-based advertising, who served the ad, and manage your ad options. You can also opt out of seeing personalized ads from AdRoll (and other companies) using the NAI opt out tool here.
We may change this policy from time to time and will post those changes in the App. If we make material changes to how we treat our users’ personal information, we will notify you by email or by conspicuous notice within the App. Your continued use of the App after we make changes is deemed to be acceptance of those changes, so be sure to check this policy periodically for updates. The date the policy was last revised is identified at the top of the page.
To make any request permitted by this policy, ask questions, or comment about this policy, contact us by mail at 1000 Circle 74 Parkway SE, Suite #705, Atlanta, Georgia, 30339-3009, by email at email@example.com, or by phone at 770-691-5853.