SWOOPJOBS TERMS OF USE

These Terms of Use (“Terms”) are between SwoopJobs, LLC, an Arkansas Limited Liability Company, (SwoopJobs), and the entity or individual agreeing to these Terms (User).

For purposes of these Terms, (a) "SwoopJobs", "we", "us" or "our" means SwoopJobs, LLC an Arkansas Limited Liability Company, (b)  "Affiliate" means any entity controlled by, in control of, or under common control with SwoopJobs, and (c) "User",  “you” or “your” means any person or entity, who uses the Services, in any capacity.

 The following Terms of Use (“Terms”) explain the agreement you make with us when you register with our site (whether to post job openings, apply for job openings, or browse) for access to our websites, software, mobile applications, content, or any of our live or digital services (collectively, the “Services”). When you agree to these Terms, you also consent to the handling of the information you submit to us according to the collection, use, sharing, and protection practices described in our Privacy Policy, available here: http://www.swoopjobs.com/privacy (“Privacy Policy”).

SwoopJobs reserves the right to change any of the terms and conditions contained in these Terms and the Privacy Policy, at any time, at its sole discretion. Any changes will be effective upon posting of these Terms or the Privacy Policy to their respective web pages and may be made without any other notice of any kind. You are at all times responsible for reading and understanding each version of these Terms and the Privacy Policy. YOUR CONTINUED USE OF THE SERVICES FOLLOWING SWOOPJOBS’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS OR THE PRIVACY POLICY, DO NOT CONTINUE TO USE THE SERVICES.

ABOUT SWOOPJOBS

SwoopJobs acts as a liaison between third-party Users seeking short term help in the service industry and third-party Users looking to provide such assistance or services requested through the Services. SwoopJobs provides a platform for Users to post available job openings, rates of pay for said jobs, and facilitating the payment for the jobs and services provided by the individual third-party users, for a fee. SwoopJobs does not serve as an employer or employee in any capacity, and all SwoopJobs Users agree and consent to the fact that no employer-employee relationship is created between SwoopJobs and any User by the use of the Services. 

These Terms describe in detail the following conditions that you accept as a User of the Services, among others:

  1. YOUR USE OF THE SERVICES

By registering to use the Services, you represent that you are authorized and able to do so. If you use our Services on behalf of someone other than yourself, you represent that you are authorized to act for and bind that other person.  

Children under 13 years of age are strictly prohibited from accessing the Services in any manner. By registering to use the Services, you certify that you are at least 18 years old. If you are under 18 years old, your parent or guardian must enter into this agreement on your behalf, and will be responsible for all use of the Services, including financial responsibility and responsibility for conduct. SwoopJobs cannot guarantee that the service opportunities available through, or linked from, our Services are appropriate for minors. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist the customer in limiting access to certain material that is harmful in inappropriate to minors.

Restrictions. As a User, you may not (i) sell, resell, rent or lease the Services or use them in a service provider capacity; (ii) use the Services to store or transmit infringing, unsolicited marketing emails or communications, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of the Services; (iv) attempt to gain unauthorized access to the Services or their related systems or networks; (v) reverse engineer the Services; or (vi) access or use the Services to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.

You agree that you will not access or use the Services for any other purpose other than that for which SwoopJobs makes it available.

Prohibited activity includes, but is not limited to:

  1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets; 
  2. using a name or posting any content anywhere on the Services that: falsely states or misrepresents a User’s identity, affiliation, or other profile information; contains hate speech, threats, pornography, or graphic or gratuitous violence; incites violence; harms minors in any way; invades another's privacy; infringes on the rights of others; is unauthorized; or is otherwise unlawful;
  3. advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by SwoopJobs;
  4. systematic retrieval of data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from SwoopJobs;
  5. making any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email;
  6. engaging in unauthorized framing of or linking to the Services;
  7. transmitting chain letters or junk email to other users;
  8. using any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  9. engaging in any automated use of the system, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
  10. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
  11. attempting to impersonate another user or person;
  12. using the username of another user;
  13. selling or otherwise transferring your profile;
  14. using any information obtained from the Services in order to harass, abuse, or harm another person;
  15. using the Services as part of any effort to compete with SwoopJobs or to provide services as a service bureau;
  16. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Services;
  17. attempting to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services;
  18. harassing, annoying, intimidating or threatening any SwoopJobs employees or agents engaged in providing any portion of the Services to you;
  19. displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Services on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
  20. deleting the copyright or other proprietary rights notice from any of Our Content or the content of a another user or third party;
  21. using the Services in a manner inconsistent with any and all applicable laws and regulations; and
  22. Obtaining multiple accounts.

Your use of the Services does not create an agency, partnership, joint venture, employment or franchisee relationship with SwoopJobs. As the registered party for your SwoopJobs account, you remain responsible for all conduct on your account, even if you allow multiple users to share your login information.  

As a registered User, you must keep passwords secure and confidential. You are solely responsible for User data and all activity in your account, and you must use commercially reasonable efforts to prevent unauthorized access to your account and notify SwoopJobs promptly of any such unauthorized access. You may use the Services only in accordance with these terms and conditions and applicable law.

As explained more fully below, you agree that we will not be liable, and you will indemnify, hold harmless and reimburse us for any consequence, loss, damage or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from or relating to your failure to comply with any of the terms and conditions set out in these Terms.  

We reserve the right to remove any material or terminate a User’s access to the Services if we believe that the material or User is in violation of these Terms. Users who violate these Terms may have their access and use of the Services suspended or terminated, at our discretion.

  1. INTELLECTUAL PROPERTY

SwoopJobs Intellectual Property. All of the content originating from the Services (“Our Content”), including but not limited to software, images, illustrations, graphics, layout, look-and-feel, audio files, video files, and text, is the exclusive property of SwoopJobs or our Affiliates, and is subject to trademark, service mark, trade dress, copyright or other intellectual property rights or licenses, whether registered or unregistered, wherever existing in the world together with the right to apply for protection of the same. Our Content is subject to copyright under U.S. and international copyright laws, and SwoopJobs owns the copyright in the selection, design, arrangement and enhancement of our websites. Subject to these Terms, SwoopJobs grants each User of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Our Content solely for purposes of using the Service.

All other content, trademarks, logos, service marks, company or product names made available by third parties through the Services are the property of their respective owners.

In some cases, we may enable you to download, stream, print or store selected portions of Our Content provided that, unless we specifically authorize in writing otherwise:

•        such use is only for your own personal and non-commercial use,

•        you may not publish, distribute, make available to the public, or retransmit the Content on any digital network, or broadcast the Content in any media or in any form or format,

•        you may not delete or change any copyright or trademark notice, and

•        in all circumstances, you must properly credit any intellectual property rights to SwoopJobs.

No right, title or interest in any of Our Content is transferred to you as a result of any such downloading, printing or storing. SwoopJobs reserves complete title and full intellectual property rights in any of Our Content that you download from this website.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of SwoopJobs. SwoopJobs shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Your Content. Content that you post using our Services, including profile names, images, descriptions, corporate background material, job descriptions, videos, resumes, writing samples, comments or any other posted content is referred to as “Your Content.” You represent and warrant that you have the necessary rights and authority to use and publish all information and content posted or made available by you on and through the Services, and to grant the licenses given to SwoopJobs in these Terms.

By posting Your Content on the Services, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, store, copy, modify, adapt, create derivative work from, translate, publish, display, perform, distribute, and sublicense your posted content, in any and all media or distribution methods (now known or later developed), for the purpose of providing and promoting the Services. You also understand that you are publishing Your Content on the Internet and it is therefore visible to the general public. However, these Terms do not authorize other users of our Services to use Your Content without your explicit permission.

You understand and acknowledge that you have no ownership rights in your account and that if you cancel your registration with the Services or your account is terminated, all your account information from SwoopJobs, including profiles, employment history, references, saved jobs, etc., may be deleted from our Services immediately or after a delay. We reserve the right to delete your account and all of your information after a reasonable period of inactivity.

SwoopJobs reserves the right to remove your posted content due to alleged violation of the intellectual property or other interests of ours or third parties. If we do so, we will notify you.

DMCA Notifications. If you believe that content available on or through the Services infringes one or more of your copyrights, please immediately notify our Copyright Agent by mail or email (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney. SwoopJobs has a policy of terminating repeat infringers in appropriate circumstances.

All Notifications should include the following:

  1. Your address, telephone number and email address.
  2. A description of the copyrighted work that you claim has been infringed.
  3. A description of where the alleged infringing material is found on the website.
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent or the law.
  5. A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
  6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed.

Notifications should be sent to our Copyright Agent as follows:

SwoopJobs, LLC

email: info@swoopjobs.com

We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.

Counter Notification. If you believe your posted material has been improperly removed, you may send a counter notification (“Counter Notification”) to our Designated Copyright Agent with the following information:

  1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
  2. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which SwoopJobs is located.
  3. A statement that you will accept service of process from the party that filed the Notification or the party’s agent.
  4. Your name, address and telephone number.
  5. A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  6. Your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Copyright Agent first receives notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

  1. DISCLAIMERS AND LIMITATIONS OF LIABILITY

This section limits the liability of SwoopJobs and its Affiliates, parents, subsidiaries, related companies, officers, directors, employees, agents, representatives, partners and licensors. BY USING THE SERVICES YOU EXPRESSLY AGREE TO BE BOUND BY THIS SECTION. Each subsection below applies to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation of liability in contracts, and, as a result, some or all of the contents of these sections may not apply to you.

  1. The Services are Available “AS-IS.”

SWOOPJOBS DISCLAIMS, AND USER RELEASES SWOOPJOBS WITH RESPECT TO ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE OR USE. SWOOPJOBS DOES NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR (i) ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY OR USER THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE OR (ii) ANY CONTENT SUBMITTED OR PUBLISHED BY A THIRD PARTY OR USER THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE.

The Services are provided “as is” and without warranties of any kind, either express or implied.

User agrees and acknowledges that the use of the Services is at User’s sole risk and expense. To the fullest extent permitted by law, SwoopJobs, its officers, directors, members, employees and agents disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. SwoopJobs makes no warranty and disclaims all responsibility and liability for: (a) the completeness, accuracy, availability, security or reliability of the Services or any online services linked to our websites or mobile applications;  (b) any errors, mistakes, or inaccuracies of content and materials, (c) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Services, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption of or cessation of transmission to or from the Services, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party, (f) any errors or omissions in any content and materials or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services; (g) the truthfulness or accuracy of the information, content, or materials posted by any User; (h) the lawfulness of any User’s posted job opportunities or services are lawful, or that any User will perform as promised; or and (g) any third-party claims, consequence, loss or damage (direct or indirect) arising in any way out of or related to use of the Services or these Terms. SwoopJobs disclaims any implied warranty arising from course of dealing or usage of trade. No advice or information, whether oral or written, obtained from SwoopJobs or through the Services, will create any warranty not expressly made in these Terms. SwoopJobs does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or promoted through the Services, or any hyperlinked website or featured in any banner or other advertising, and SwoopJobs will not be a party to or in any way be responsible for monitoring any transaction between you and providers of products or services advertised or promoted on the Services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

  1. External Links and Content

We may provide for your convenience, and other users may post on their profile pages or in comments, external links from this website to outside services and resources (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products or services on any Third Party Websites accessed through the Services or any Third Party Content posted on, available through or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in Third Party Websites or Third Party Content; or (iii) any consequence, loss or damage (direct or indirect) arising from such websites or resources. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. TO THE EXTENT THAT ANY USER ENCOUNTERS ANY UNLAWFUL OR OTHERWISE OBJECTIONABLE PRODUCTS OR CONTENT, USER AGREES TO IMMEDIATELY NOTIFY SWOOPJOBS AND, IN THE CASE OF CRIMINAL ACTIVITY, LAW ENFORCEMENT AUTHORITIES OF SUCH PRODUCT OR CONTENT IMMEDIATELY. SwoopJobs is not responsible for the conduct, whether online or offline, of any User of the Services.

If you decide to leave the Services and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third Party Websites will be through other websites and from other companies, and SwoopJobs takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.[a]

  1. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWOOPJOBS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF BUSINESS, PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (ii) ANY SERVICES PURCHASED OR ACCEPTED ON OR THROUGH, OR CONTENT OBTAINED FROM, THE SERVICES; OR (iii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

THE LIMITATIONS OF THIS SUBSECTION WILL APPLY TO ALL THEORIES OF LIABILITY, WHETHER BASED ON PERSONAL INJURY, PROPERTY DAMAGE, WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT SWOOPJOBS HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET OUT IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

SwoopJobs acts only in the capacity of a liaison in facilitating the transactions between Users and is not otherwise involved in the actual transactions. SwoopJobs agrees only to provide a platform for Users to connect and assist in the payment and collection of the agreed upon funds associated with the services performed. All Users agree that SwoopJobs is to be paid a fee for serving as such a liaison. SwoopJobs is entitled to rely on the information posted by Users without any further inquiry, verification or liability whatsoever.

  1. Indemnity and Defense

By accepting these Terms, Users agree to indemnify and hold harmless SwoopJobs (and their respective employees, directors, members, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by any person or entity ("Claim") that arises out of or relates to: (1) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (2) improper use of the Services; or (3) your failure to comply with any applicable laws and regulations in connection with your use of the Services. SwoopJobs reserves the right to assume exclusive control of and direct the defense of any matter otherwise subject to indemnification by you.  You agree to assist and cooperate with SwoopJobs in the defense.

  1. GENERAL RELEASE

Other than providing a platform for Users to connect and assisting in the handling of payments between Users, for a fee, SwoopJobs is not involved in the transactions between Users. In the event that you have a dispute with one or more other Users or a third party, you hereby release SwoopJobs (and their respective employees, directors, members, agents and representatives) from any and all claims, demands, and damages (actual, consequential, incidental, punitive, compensatory and otherwise) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute between one or more Users of the Services, and agree to indemnify and hold harmless SwoopJobs from any such claims, demands and damages.

  1. GOVERNING LAWS AND FORUM

The Services are managed by SwoopJobs in the State of Arkansas, USA. The laws of the State of Arkansas govern all of the terms and conditions herein, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to the Services or these Terms shall be submitted to confidential arbitration in Fayetteville, Washington County, Arkansas, except that, to the extent you have in any manner violated or threatened to violate SwoopJobs’ intellectual property rights, SwoopJobs may seek injunctive or other appropriate relief in any state or federal court and you consent to exclusive jurisdiction and venue in such courts.

  1. DISPUTES; ARBITRATION

If there is any dispute between Users of the Services or between Users and any third party, you understand and agree that SwoopJobs is under no obligation to become involved. As a User of the Services, you agree to resolve any claim that you may have against SwoopJobs on an individual basis in arbitration.

BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.

Agreement to Binding Arbitration Between You and SwoopJobs. By accepting these Terms both you and SwoopJobs agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to these Terms, will be settled by binding arbitration between you and SwoopJobs, and not in a court of law. You acknowledge and agree that you and SwoopJobs are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and SwoopJobs otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and SwoopJobs each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA"). The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches or estoppel.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that these Terms evidence a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Arkansas.

Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Arkansas and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

Location and Procedure. Unless you and SwoopJobs otherwise agree in writing, the arbitration will be conducted in Washington County, Arkansas. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and SwoopJobs submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator's Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief and only to the extent necessary to prevent imminent, irreversible harm or damage. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. The prevailing party in arbitration will be entitled to an award of reasonable attorneys' fees and costs to the extent provided under applicable law.

Severability and Survival. If any portion of this section of the Terms is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of these arbitration terms or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to these Terms.

  1. NOTICES

All notices relating to this Agreement will be sent by email or will be posted on the Services. We will send notices to you at the e-mail address maintained in our records for your account. Email notices are deemed written notices for all purposes for which written notices may be required. Email notices are deemed received the business day after transmission if properly addressed to the intended recipient. Notices posted on the posted on the Services are deemed received upon posting. We may also choose to send notices by regular mail or discussion forum postings.

As provided in our Privacy Policy, you may receive text message alerts or emails notifying you about job placements or soliciting feedback related to job placements and you agree to receive such text alerts or emails. Standard data and message rates may apply to these communications. Please contact your mobile phone carrier for details. Except as explicitly stated otherwise, any notices to SwoopJobs shall be given by certified mail, postage prepaid and return receipt requested to SwoopJobs, LLC, 101 Morgan Keegan, Suite A, Little Rock, Arkansas 72202.

  1. COMPLIANCE WITH LAWS

Registrations. You agree that it is your responsibility to determine whether and to what extent any permits, registrations, authorization or filings are required by any governmental agency in any jurisdiction in which you have requested or are performing services ("Permits"). You also agree that SwoopJobs and its affiliates are not obligated to determine whether any such Permits or authorizations apply to any transaction.

Compliance with Laws. The Services may be used only for lawful purposes and in a lawful manner. You may not use the Services in any manner that violates any applicable law or governmental regulation. In addition to your obligations with respect to Permits above, you agree to comply with all applicable laws, statutes and regulations of any jurisdiction in which you request or perform Services including but not limited to maintaining worker’s compensation insurance, withholding or other legal requirements that may apply in your jurisdiction.

Investigation. SwoopJobs has the right, but not the obligation, to monitor any and all activity, content, communications and materials associated with the Services. SwoopJobs may investigate any reported violation of its policies, these terms and conditions or complaints and take any action that it deems appropriate.

  1. TERMINATION

You may end your use of our Services at any time for any reason by discontinuing your use of the Services.

We may suspend or terminate your accounts, stop providing you with access to all or part of the Services, or remove Your Content at any time without notice and for no reason or any reason, including, but not limited to, our belief that: (i) you have violated any law or these Terms, (ii) you create risk of or possible legal exposure for SwoopJobs; or (iii) the Services are no longer commercially viable. Upon termination, User must settle all outstanding payments, uninstall the Services and delete Our Content from all devices and computers and deactivate their account. In no event will termination relieve any User’s obligation to pay any fees owed to SwoopJobs for the period prior to the effective date of termination.

In order to protect the integrity of the Services, SwoopJobs reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Services.

Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of your use of our Services, shall be deemed to survive for as long as necessary to fulfill such purposes. In the case of any suspension or termination of your use of our Services, our Privacy Policy will continue to be in full force and effect.

  1. HOW WE MAY CONTACT YOU

You agree that we may contact you by phone, email or text message, according to the terms of our Privacy Policy available on the Website.

You may receive text message alerts or emails about Services or soliciting feedback related to Services and you agree to receive such text alerts or emails. Standard data and message rates may apply to these communications. Please contact your mobile phone carrier for details.

  1. PAYMENT

You understand that use of the Services, including but not limited to purchasing or subscribing to certain service offerings from SwoopJobs or offering a job placement to another User, may result in charges to you ("Charges"). SwoopJobs will receive and/or enable your payment of the applicable Charges through your use of the Services. Charges will be inclusive of applicable taxes where required by law.

All Charges and payments will be enabled by SwoopJobs using the preferred payment method designated in your account. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that SwoopJobs may use a secondary payment method in your account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by SwoopJobs.

As between you and SwoopJobs, SwoopJobs reserves the right to establish, remove or revise Charges for any or all services or goods obtained through the use of the Services at any time in SwoopJobs's sole discretion. SwoopJobs will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your account regardless of your awareness of such Charges or the amounts thereof.

After a job placement, you will have the opportunity to rate your experience and leave additional feedback and reviews. SwoopJobs may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Users or other third parties.

Promotions. SwoopJobs may provide certain users with promotional offers and discounts from time to time that may result in different amounts charged for the same or similar Services obtained through the use of the Services. You agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.

Referrals. Upon registration for an account with SwoopJobs, each User will receive a unique referral code (a “Referral Code”). When a new job seeker or a new employer (a “New User”) registers with SwoopJobs using another User’s Referral Code and completes a SwoopJobs transaction for the first time, SwoopJobs may offer credits to the account of the referring User. The credit amount offered for such referrals, unless advertised otherwise during specified dates, will be: $5.00 for a New User job seeker’s first complete transaction, and $20 for a New User employer’s first complete transaction. SwoopJobs reserves the right to terminate any Referral Codes or this referral policy in its entirety at any time.  

Cancellation. You may elect to cancel your request for a job placement at any time prior to the commencement of such job placement, in which case you may be charged a cancellation fee.

  1. APPLE MINIMUM TERMS[b]

APPLE REQUIREMENTS – IF YOU DOWNLOADED THE SERVICES FROM THE APPLE ITUNES APP STORE, THE FOLLOWING TERMS ALSO APPLY.

Acknowledgement. User acknowledges that this agreement is between User and SwoopJobs only, and not with Apple, and SwoopJobs, not Apple, is solely responsible for the Services and the content.

Scope of License. The license granted to User for the Services is a limited, non-transferable license to use the Services on an iOS device that User owns or controls and as permitted by the Usage Rules in the Apple iTunes App Store Terms of Service.

Maintenance and Support. SwoopJobs and not Apple are solely responsible for providing any maintenance and support services with respect to the Services. User acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.

Warranty. SwoopJobs is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, User may notify Apple, and Apple will refund the purchase price for the Services to User. 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 will be SwoopJobs’ sole responsibility.

Product Claims. SwoopJobs, not Apple, is responsible for addressing any user or third party claims relating to the Services or the user’s 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.

Intellectual Property Rights. User acknowledges that, in the event of any third party claim that the Services or User’s possession and use of the Services infringes that third party’s intellectual property rights, SwoopJobs not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance. User represents and warrants that (i) User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) User is not listed on any U.S. Government list of prohibited or restricted parties.

Developer Contact Info. Direct any questions, complaints or claims to:
SwoopJobs, LLC, at
contact@swoopjobs.com.

Third Party Terms of Agreement. User must comply with any applicable third party terms of agreement when using the Services, e.g., if User is using a VoIP application, then User must not be in violation of its wireless data service agreement when using the Services.

Third Party Beneficiary. User acknowledges and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this agreement, and that, upon User’s acceptance of the terms of the agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the agreement against User as a third party beneficiary thereof.

  1. SEVERABILITY

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

  1. ENTIRE AGREEMENT

These Terms and the Privacy Policy constitute the entire agreement of the parties with respect to the Services, and supersede and cancel all prior and contemporaneous agreements, claims, representations and understandings. If these Terms conflict with any other documents, these Terms will control.

[a]SwoopJobs to confirm whether this language is required by the device/OS providers.

[b]SwoopJobs to confirm:  Are you required to include these terms by Apple, etc?