Terms and ConditionsUpdated January 31, 2017
GENERAL TERMS AND CONDITIONS
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If you do not want to register an account and become a ServeBartendCook User, do not enter into this Agreement, do NOT click “Sign Up” or "Login" and do not access, view, download or otherwise use any ServeBartendCook webpage, information or services. By clicking “Sign Up” or "Login" (or “Join ServeBartendCook” or similar), you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “Sign Up” or "Login", you also consent to use electronic signatures and acknowledge your click of the “Sign Up” or "Login" button as one.
These Terms and Conditions may change from time to time and changes are effective upon posting. Please check back frequently for updates as it is your sole responsibility to be aware of changes. We do not provide notices of changes in any manner other than by posting the changes at this Website.
The terms “You”, “you”, and "User" as used herein refer to all individuals and/or entities accessing this website for any reason. You hereby warrant and represent that you are:
(1) are an individual who is the “Minimum Age” (defined below) or older;
(2) are not currently restricted from the Services, or not otherwise prohibited from having a ServeBartendCook account,
(3) are currently eligible to work in the United States if you are using the Services to seek employment opportunities;
(4) are not a competitor of ServeBartendCook or are not using the Services for reasons that are in competition with ServeBartendCook;
(5) will only maintain one ServeBartendCook account at any given time;
(6) will use your real name and only provide accurate information to ServeBartendCook;
(7) have full power, legal capacity, and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party;
(8) will not violate any rights of ServeBartendCook, the Company or third party, including intellectual property rights such as copyright or trademark rights; and
(9) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.
“Minimum Age” means 18 years old. Please note that some state laws prohibit persons from serving alcohol unless they are of a minimum age, which may be older than 18 years old. Consequently, a Member who is below that minimum age may not be eligible for some employment opportunities in those states.
The Company makes no representation or warranty that the content published on this site complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws concerning standards of content legality. You further represent and warrant that you understand the nature of the content published on this site, namely, information about employment opportunities, and that you voluntarily and knowingly choose to view such material.
Should you be unable to affirmatively make the representations and warranties contained herein, do not use the Services or this Website.
The Company does not contact employers to verify the identity of the employers or whether the employers are offering legitimate positions which are bona fide jobs. While the Company makes every effort to only list jobs which employers may want those in the community to know about, we are not responsible for the accuracy of the jobs and/or the contact information for those jobs and any consequences to our users that may follow from them applying to given jobs listed on the Website. The inclusion of links on the Website does not constitute an endorsement of the employer or a guarantee that a job even exists with a given employer. The Company assumes no liability whatsoever for the quality or legality of the jobs posted on its site, or whether or not employers are actually able to hire a candidate in response to a given job listing. Furthermore, the Company does not censor any position offered including, but not limited to, the identity of the employer.
While the Company has taken steps to ensure the accuracy of our job application process, the Company assumes no liability for the quality, legality or accuracy of your resume, cover letter, or other materials or our assistance in helping you transmit any of this information to an employer.
Information collected by the Company is limited to information that is applicable to employers seeking qualified job applicants. The Company does not request or collect personal information such as social security numbers, birthdates, driver’s license numbers, checking account numbers, or credit card numbers and advises visitors and Users of the Website not to share such information with unknown Internet sites or individuals and to refrain from including any such information in a resume or job application.
1) Use of Material. The contents of the Website, such as text, graphics, images, logos, button icons, software and other content (the "Material"), are protected by applicable intellectual property and other laws. All Material is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of the Company and is protected by copyright, trademark, and other laws.
You must retain all copyright, trademark, service mark, and other proprietary notices contained in the original Material on any copy (permitted or not permitted) you make of any of the Material. Except as expressly authorized by the Company, You agree not to modify, copy, reproduce, sell, display, distribute, or create derivative works based on or contained within the Service or the Company’s Material, in whole or in part. The use of the Material on any other Website or in a networked computer environment for any purpose is prohibited.
The Company grants you a personal, non-transferable and non-exclusive right and license to use the Material on a single computer; provided that you do not copy, modify, create a derivative work of, reserve engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Material. You agree not to modify the Material in any manner or form, or to use modified versions of the Material, including, without limitation, for the purpose of obtaining unauthorized access to the Service by any means other than through the interface that is provided by the Company for use in accessing the Service.
The Company reserves the right to terminate the accounts of Users who violate this Agreement.
The Company respects the intellectual property of others, and we ask our Users to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of trademarked or copyrighted works constitutes infringement of the owner's rights. As a condition to your use of the Website, you agree not to use the Website to infringe the intellectual property rights of others in any way. The Company will assist the respective owners of the various intellectual properties in order that they may protect their rights to the fullest extent of both domestic and international law. The Company reserve the right to take these actions at any time, in our sole discretion, with or without notice and without any liability to any User.
The profile you create on ServeBartendCook will become part of ServeBartendCook and is owned by ServeBartendCook. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your ServeBartendCook account to another party; and (5) not charge anyone for access to any portion of ServeBartendCook, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please email email@example.com.
You understand and acknowledge that you have no ownership rights in your account and that if you cancel your account or your account is terminated, all of your account information, including resumes, profiles, saved jobs will be marked as deleted in and may be deleted from the Company’s databases and will be removed from any public area of the Website. Information may continue to be available for some period of time because of delays in propagating such deletion through the Company’s web servers. In addition, third parties may retain saved copies of your information.
3. Our Rights and Obligations. The Company may change or discontinue Services, and in such case, we do not promise to keep showing or storing your information and materials.
For as long as ServeBartendCook continues to offer the Services, the Company shall provide and seek to update, improve and expand the Services. As a result, the Company allows you to access the Website as it may exist and be available on any given day and the Company will have no other obligations, except as expressly stated in this Agreement. The Company may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely, or change and modify prices for all or part of the Services for you or for all our Users in our sole discretion. All of these changes shall be effective upon their posting on the Website.
The Company reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, the Company has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
The Company has the right to limit the connections and interactions on the Services.
4. Acceptable Site Use. The Website may be used only for lawful purposes by individuals seeking employment and by employers seeking employees.
5. Prohibited Uses of the Website. Users may not use or reference the Website in order to transmit, distribute, store or destroy material in violation of any applicable law or regulation, in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, obscene, threatening, abusive or hateful.
Users are prohibited from:
(b) - accessing data not intended for such User or logging into a server or account which the User is not authorized to access;
(c) - imply or state, directly or indirectly, that you are affiliated with or endorsed by the Company or ServeBartendCook unless you have entered into a written agreement with the Company or ServeBartendCook (this includes, but is not limited to, representing yourself as an accredited ServeBartendCook trainer if you have not been certified by ServeBartendCook as such);
(d) - attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(e) - attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing";
(f) - sending unsolicited email, including promotions and/or advertising of products or services;
(g) - forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
(h) - using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website;
(i) - taking any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure;
(j)- using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars and intelligent agents) to navigate, access, or search the Website other than the search engine and search agents available from the Company on the Website as well as generally available third-party Web browsers;
(k) - attempting to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Website;
(l) - aggregating, copying or duplicating in any manner any of the materials or information available from the Website;
(m) - framing of or linking to any of the materials or information available from the Website unless authorized to do so;
(n) - providing false information of any kind;
(o) - post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by this Agreement;
(p) - defer any contact from an employer to any agent, agency, or other third party;
(q) - post content that contains restricted or password-only access pages, or hidden pages or images;
(r) - solicit passwords or personally identifiable information from other Users;
(s) - delete or alter any material posted by any other person or entity;
(t) - harass, incite harassment or advocate harassment of any group, company, or individual;
(u) - promote or endorse an illegal or unauthorized copy of another person's copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
(v) - use the Services for any unlawful purpose or for any illegal activity, or to post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent, illegal, or sexually explicit material of any kind, as determined by the Company in its sole and absolute discretion;
(w) - infringe or use ServeBartendCook brand, logos or trademarks, including, without limitation, using the word “ServeBartendCook” in any business name, email, or URL or including ServeBartendCook trademarks and logos.
The Company reserves the right to terminate the accounts of Users found to be engaging in any of these prohibited uses. Violations of this Agreement may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and will cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
6. User Content and Contributions. By submitting ideas, suggestions, documents, or proposals ("Contributions") to the Company through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) the Company is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) the Company shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) the Company may have something similar to the Contributions already under consideration or in development; (e) you grant the Company a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute, exploit, and publish your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from the Company under any circumstances.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by you on or through the Website ("User Content") is the sole responsibility of the person from which such User Content originated. The Company claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all intellectual property rights to User Content you submit, post or display on or through the Website and you are responsible for protecting those rights, as appropriate.
If you post User Content in any public area of the Website, you also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on the Website retains any and all rights that may exist in such User Content. The Company may review and remove any User Content that, in its sole judgment, violates this Agreement or applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of the Website. The Company may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for the Company, damage the brands or public image, or cause the loss of (in whole or in part) the services of its ISPs or other suppliers.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users. The Company does not endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
8. Notifications and Service Messages. For purposes of service messages and notices about the Services, the Company may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from the Company to an email address associated with your account, even if the Company has other contact information. You also agree that the Company may communicate with you through your ServeBartendCook account or through other means including email, mobile number or telephone about your account or services associated with ServeBartendCook. You acknowledge and agree that the Company shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE MATERIAL, SERVICE, AND INFORMATION FOUND ON THIS SITE ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT AND WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE.
THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
10. DISCLAIMER AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, OFFICERS, EMPLOYEES, OWNERS, MEMBERS, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE COMPANY’S SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, ACT OF GOD/ACT OF NATURE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
IF YOU ARE DISSATISFIED OR HARMED BY US OR ANYTHING RELATED TO SERVEBARTENDCOOK, YOU MAY CLOSE YOUR SERVEBARTENDCOOK ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION xx (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY, LOSS OR RISK INCURRED DIRECTLY OR INDIRECTLY BY THE USE OF THE WEBSITE, MATERIAL, AND SERVICES.
THE COMPANY IS NOT INVOLVED WITH ANY DECISION-MAKING OR OFFERS MADE FROM COMPANIES OTHER THAN ITS OWN. WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL RESULT IN EMPLOYMENT OPPORTUNITIES, CONTINUED EMPLOYMENT, OR HIRING OPPORTUNITIES. WE DO NOT GUARANTEE OR WARRANT THE PAYMENT OF WAGES OF ANY AMOUNT. WE DO NOT VERIFY OR WARRANT THE VERACITY OF ANY COMMUNICATION OR INFORMATION PROVIDED BY USERS.
11. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Payment for Premium Services. If you purchase any services that the Company offers for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to the Company and/or the Website storing your payment information. You also agree to pay the applicable fees for any services offered (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription and use of the Website and the Services. Depending on where you transact with the Company, the type of payment method used and where your payment method was issued, your transaction with the Company may be subject to foreign exchange fees or differences in prices, including because of exchange rates. The Company does not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. The Company does not guarantee or offer refunds for any reason, including, but not limited to lack of usage or dissatisfaction.
13. Links to Other Sites. The Website may contain links to third-party websites. The Company provides these links as a convenience only and does not endorse any of these sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
14. No Resale or Unauthorized Commercial Use. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to the Website, Services or Material.
15. Termination. The terms of this Agreement will remain in full force and effect while you are a User of the Website or Services and shall survive any termination, except Section 2 (“Your Use”). The Company reserves the right, at its sole discretion, to terminate your account and use of the Services and Website at any time, with or without notice to you. The Company reserves the right to pursue all of its legal remedies upon any breach by a User of this Agreement. The Company may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes creating multiple or false profiles; using the Services commercially without our authorization, infringing any intellectual property rights, violating any of the terms of this Agreement, or any other behavior that the Company, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, the Company has adopted a policy of terminating accounts of Users who, in its sole discretion, are deemed to be repeat infringers under the United States Copyright Act. Upon termination of your account, you lose access to the Services.
16. Indemnity. You agree to indemnify and hold the Company, its subsidiaries, affiliates, owners, agents, shareholders, officers, members, contractors, vendors, employees, successors and assigns, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, Services or Material, the violation of the Agreement by you, or the infringement by you, or any other user of the Website, Services or Material using your computer, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
17. Intellectual Property Notices. The Services include the copyrights and Intellectual property rights of SBC Industries, LLC and, except for the limited license granted to you herein, the Company reserves all of its intellectual property rights in the Services. ServeBartendCook, the ServeBartendCook logos and other ServeBartendCook trademarks, service marks, graphics, and logos used in connection with ServeBartendCook are trademarks or registered trademarks of SBC Industries, LLC in the United States and/or other countries. Other trademarks and logos used in connection with ServeBartendCook may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
18. Notification of Claimed Copyright or Trademark Infringement. If you believe that your copyrighted work or trademark has been uploaded, posted or copied to the Website and is accessible on the Website in a way that constitutes copyright or trademark infringement, please contact the Company by email at firstname.lastname@example.org or by regular mail at:
SBC Industries, LLC
424 E Central Blvd #141
Orlando, FL 32801
All infringement notifications must include the following information:
- A physical or electronic signature of the copyright owner person authorized to act on behalf of the owner;
- Identification of the copyrighted work claimed to have been infringed (link to original work, clear description of work, etc.);
- Identification of the material that is claimed to be infringing to be removed and clear information reasonably sufficient to permit the Website to locate the material on our site;
- Your email address, physical address, and telephone number;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner.
You acknowledge that if you fail to comply with all of the requirements of this Section 18, your DMCA notice may not be valid. It is suggested that you consult with legal counsel prior to filing notice of copyright infringement, so that you may learn of any and all requirements, as well as potential penalties for filing a false complaint.
19. Reserved Right of Refusal. The Company, in its sole discretion, reserves the right to refuse fulfillment of your use, or refuse you any involvement with the Services or Material, or to delete your assigned User name and password if you breach any of the terms of this Agreement.
20. Modifications to Terms and Conditions. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or Material (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any Material.
21. Email Policy. If you receive an email from the Company, its affiliates, or other third parties, your email address was obtained as a result of either your express and voluntarily request to receive information from the Company, its affiliates, or other third parties or your existing relationship with the Company, its affiliates, or other third parties. Each email sent contains an automated method to “opt out” of receiving additional emails from the Company or its affiliates. If you no longer wish to receive emails from the Company or its affiliates, please follow the instructions at the end of any email. If you remove your information from the Company’s database, it will no longer be used by us for secondary purposes, disclosed to third parties, or used by us or third parties to send promotional correspondence to you.
22. Detailed Wireless Policy. Data obtained from you in connection with this SMS service may include your name, address, cell phone number, your provider's name, and the date, time, and content of your messages. In addition to any fee of which you are notified, your provider's standard messaging rates apply to our confirmation and all subsequent SMS correspondence. All charges are billed by and payable to your mobile service provider. We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an “AS IS” basis. You may opt-out and remove your SMS information by sending "STOP", "END", or "QUIT" to the SMS text message you have received. If you remove your SMS information from our database, it will no longer be used by us for secondary purposes, disclosed to third parties, or used by us or third parties to send promotional correspondence to you. You may also send an email to: email@example.com with your wireless number and the words “Stop”, “Quit”, or “End” in the body to be removed.
24. Assignment and Delegation. You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, SBC Industries, LLC for any third party that assumes our rights and obligations under this Agreement.
25. Choice of Law and Forum. This Agreement and the relationship between the parties will be exclusively governed by and interpreted in accordance with the laws of the State of Florida, without regard to the conflicts of laws principles thereof. The parties agree that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this Agreement, or the relationship between you and the Company shall be brought exclusively in the courts located in Orange county Florida or the U.S. District Court for the Middle District of Florida. You agree to submit to the personal jurisdiction of the courts located within Orange County Florida or the Middle District of Florida, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
THE PARTIES AGREE THAT THIS AGREEMENT HAS BEEN ENTERED INTO AT THE COMPANY’S PLACE OF BUSINESS IN ORLANDO, FLORIDA AND ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED AND TAKE PLACE IN ORANGE COUNTY FLORIDA.
26. No Injunctive Relief. 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 Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services. You agree to waive any rights you may have to seek rescission, injunctive or other equitable relief.
27. Captions. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
28. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, Materials, or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
29. Waiver and Severability of Terms. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
30. Reservation of Rights. The Company reserves all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in ServeBartendCook and all related items, including any and all copies made of the Website.
31. Additional Terms Applicable to Employees. The Company is not an employer or joint employer with respect to any User or jobs posted on the Website and the Company is not in any way involved or responsible for any employment decisions made by any entity posting jobs on the Website. The Company has no information about why an employment decision was made by an entity posting a job or information on who was selected for employment by the entity that posted the job. The Company will not obtain or provide hiring information to Users who were not selected for a particular job posting.
32. Additional Terms Applicable to Employers. Employers are solely responsible for their own job postings on the Website and their own decisions on hiring for those jobs. The Company is not an employer or joint employer with respect to any User or jobs posted on the Website and the Company is not in any way involved or responsible for any employment decisions made by any entity posting jobs on the Website.
By posting a job on the Website, you grant the Company the right to advertise your Job Posting on other job boards or websites. Job Postings, whether posted for no fee, or a premium service is purchased, may be distributed to third-party services or job boards, or in job alert emails. However, you acknowledge and accept that we have no control over any third party website or job board and therefore, we provide no guarantee that your job post will be accepted by any third party website or posted via a third party website. You accept that third party websites may not have an obligation to use or display your job post in their services, and may reject your job post for any reason, whether you are on a paid for a premium service or posted a job for no fee. You agree that the Company is not liable to you or any third party if your job post is rejected or not posted, and you will not be entitled to any refund for jobs not posted or distributed. By posting your job, you give us permission to distribute your job posting to current any website. You acknowledge and agree that the Company cannot be responsible, and disclaims all liability, for third party websites and their actions or omissions related to your job postings. In certain cases. Third party websites may require that you agree to additional service policies in order to allow your job post to be distributed on their services. As a condition to the distribution of your job posting to a any third party services, you hereby agree to such additional third party website service policies as they apply to the distribution of your job posting through the applicable the third party services.
Candidate profiles derived from User Content may also be made available through the Website. The Company does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may vary significantly from User Content. The Company does not make any representation as to the age of the candidates, eligibility of the candidates to work in the United States, fitness of the candidates to perform the duties of the posted job, qualifications of the candidates for the posted job, or the candidates’ availability for hire.
A job posting may not contain:
1. Any hyperlinks, other than those specifically authorized by the Company;
2. Text instructing users to specifically not apply through the Website;
2. Misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in the Company’s reasonable discretion;
3. The names, logos or trademarks of unaffiliated companies;
4. The names of colleges, cities, states, towns or countries that are unrelated to the posting;
5. More than one job or job description, more than one location, or more than one job category, unless the product specifically and expressly allows;
6. Inaccurate, false, or misleading information; and
7. Material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You may not use your job posting to:
1. post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
2. post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
3. post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
4. post or re-post jobs or other content for third parties, including the Company’s competitors, or other content that contains links to any site competitive with the Company;
5. sell, promote or advertise products or services;
6. post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
7. post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
8. promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;
9. advertise sexual services or seek employees for jobs of a sexual nature;
10. endorse a particular political party, political agenda, political position or issue;
11. promote a particular religion;
12. request from a candidate authorization to obtain a criminal background report or other consumer or investigative report;
13. post jobs located in countries subject to economic sanctions of the United States Government; and
14. except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
The profile information shall not be used:
(a) - for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
(b) - to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
(c) - to source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities.
In order to ensure a safe and effective experience for all of our customers, we reserve the right to limit the amount of data that may be accessed by you in any given time period. These limits may be amended in our sole and absolute discretion from time to time.
BOUNTY SYSTEM TERMS AND CONDITIONS
Users may not actively use more than one Employee Account. An individual may only have a single Employee account. A User may not have multiple accounts with multiple profiles, referrals, or applications. Additionally, the Company does not allow more than one Employee Account with the same email address.
If the Company finds that a User is actively using more than one Employee Account, that User will forfeit any Bounty Payments for the entirety of that calendar year, and all accounts associated with that User may be suspended or terminated at the discretion of the Company.
Current and Accurate Contact Information
Users are responsible for maintaining accurate and complete contact information and promptly updating this information if they move, their contact information otherwise changes, or if a User has difficulty receiving emails from ServeBartendCook at the email address provided. If a Bounty Payment emailed to an Employee User does not reach the User for any reason, including inaccurate or outdated contact information, the Company will not be responsible for this loss. If and only if the Employee User contacts the Company at firstname.lastname@example.org within 30 days of original Bounty referral and the original Bounty Payment email was not opened, the Company will reissue payment to the corrected email address.
Users may use our Bounty Referral System to automatically send an email referral to their friends. However, if the user’s email results in a SPAM complaint, the User’s Employee Account may be suspended or terminated at the discretion of the Company. Users should use the Bounty Referral System to notify only people that they know are qualified for the position for which they are being referred.
The Company reserves the right to terminate the Bounty Referral System at any time for any reason.
Participation in the Bounty Referral System may require Users to submit personal information about themselves and their friends, such as name and email address. By participating in the Bounty Referral System, Users agree to receive communications from the Company, and/or from our partners that operate and maintain the Bounty Referral System, with regards to participation.
If you do not agree to the Terms and Conditions in its entirety, you are not authorized to register as a Bounty Reference or to participate in the Bounty Referral System in any manner.
You must be a resident of the United States, the District of Columbia or Puerto Rico and be 18 years or older to participate in the Bounty Referral System. You must be an existing User in order to be eligible to participate in the Bounty Referral System and earn Bounty Payments.
For Employer Users: Posting a job with a Bounty is not a guarantee of finding the “perfect” employee. The Company will not refund Bounty Fees if Employer Users choose not to hire a candidate referred by the Bounty Referral System, if the Bounty does not generate any referrals, if the referral does not follow through with applying or accepting the posted job, the referral quits the job after being hired, or if the referral is not qualified as stated, eligible to work in the United States, or available for the job. The Company requests that Employer Users report any referrals with these characteristics so they can be reviewed before continued use of the Services.
For Employee Users: Receiving a Referral through the Bounty Referral System does not guarantee that you will be hired for the job for which you were referred. All decisions about hiring/firing employees are at the sole discretion of each individual employer. A referral through the Bounty Referral System also does not guarantee that you are qualified for the job, the job is necessarily available, or is as described.
Users providing Bounty References will be paid the Bounty Payment listed on the Website IF and ONLY IF all of the following conditions are met:
- The referred candidate signs up as a User, or is already a User.
- The referred candidate for the job applies for that specific Bounty Job for which the Bounty Reference provided a reference via the Website.
- The referred candidate is hired by the bar/restaurant that posted the Bounty Job.
- The referred candidate hire is verified in writing by the bar/restaurant hiring manager who originally posted the Bounty Job, within 30 days.
- The referred candidate is the FIRST to be confirmed as hired by the bar/restaurant hiring manager. It is possible that the bar/restaurant hiring manager hires multiple employees from one Bounty Job posting, Only the first hire confirmed will qualify for a Bounty Payment.
Users receiving a Bounty Payment will be notified via email. Bounty Payments will be made, via email, within 30 days of email notification. Bounty Payment will be in the form of electronic gift card only. Valid email required to receive payment.
User is responsible for any and all tax liability arising from or associated with use of the Bounty Referral System, including liability arising from the receipt of Bounty Payments or your redemption of Bounty Payments for cash or other items. ServeBartendCook will not allow any Employee User to earn $600 or greater in one calendar year.
4. Fraud Prevention
The Company reserves the right to terminate Bounty Referrals and cancel/postpone payments earned if we suspect that they were earned in a fraudulent manner, in a manner that violates these terms, or in a manner otherwise not intended by the site. Likewise, user agrees to not participate in the Bounty Referral System in a threatening, abusive, illegal, or unsportsmanlike manner. All decisions by the Company regarding fraud or suspected fraud are binding and final.
By participating in the Bounty Referral System, you agree to indemnify and hold harmless the Company, its owners, officers, directors, members, shareholders, employees, agents, successors and assigns from any and all claims, actions, liabilities, losses, injuries, or damages to You, including any successors, affiliates, related entities, owners or assigns, due in whole or in part, directly or indirectly, by reason of your participation in the Bounty Referral System. You will not settle any claim without the prior written consent of the Company and will defend the Company in any claim, demand, lawsuit or investigation brought against it related to Your participation in the Bounty Referral System. Further, You agree that the Company is not responsible for faulty referral links, any error, omission, interruption, defect or delay in transmission, order processing, or communication; technical or mechanical malfunctions; errors in these terms, in any system-related materials; human-processing error; failures of electronic equipment, computer hardware or software; damage to your equipment, computer hardware or software, or inaccurate information, whether caused by equipment, programming, human error, or otherwise.
6. Code of Conduct
In addition to the Terms and Conditions, you also agree to the following Code of Conduct: (1) Do not publicly display or use ServeBartendCook or any of its features to share inappropriate Content or material including, but not limited to, nudity, pornography, and graphic violence; (2) Do not harass or use hate comments in communications to employees of the Company or other Users, including the Website and all forms of social media (Facebook, Twitter, Instagram); (3) You are responsible for all usage on your account, whether or not that use is authorized -including your log in, password and account information; (3) You agree not to contact Employer-Users regarding their consideration of a candidate or confirmation or non-confirmation of the hire of a Bounty Reference. Failure to comply may result in the termination of Your account and any earned Bounty Payments.