Welcome to the website (hereinafter “Site”) and online services of LMS Consulting, LLC. This Terms of Service Agreement (this “Agreement”) is a legal contract between LMS Consulting, LLC (hereinafter “LMSC”) and yourself (referenced herein with “You” or with “Your”), which governs your use of and/or access to our Site.
BEFORE ACCESSING THIS SITE, YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN YOUR USE OF THIS SITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, INCLUDING AN AGREEMENT TO SUBMIT ALL DISPUTES TO INDIVIDUAL MANDATORY ARBITRATION, YOU ARE NOT GRANTED PERMISSION TO THIS USE THIS SITE. DO NOT ACCESS OR USE ANY OF THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.
By accessing, viewing, or using this Site, or using services that LMSC provides (the “Services”), You indicate that You understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that You accept such Terms and Conditions and agree to be legally bound by them (the “Agreement”). Please note that LMSC reserves the right to change the Terms and Conditions under which this Site and its Services are extended to You. Your continued use of this Site and the Services following such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions.
You must be at least eighteen (18) years of age or the age of majority in the jurisdiction in which you reside to use the Services, so that you can form a binding contract with LMSC. If you are under the age of eighteen (18) or the age of majority, and you are permitted to work in the jurisdiction in which you reside, you represent that a parent or legal guardian has reviewed and agrees to this Agreement on your behalf. You may not use the Services if your use of the Services has been previously terminated or suspended by LMSC, unless we have provided you with specific written authorization to re-use the Services.
This Agreement provides You with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on Your continued compliance with the Terms and Conditions of this Agreement. You are authorized to view and access a single copy of the content available on or from the Site solely for Your personal, noncommercial use. You may print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, You may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, or otherwise use any information or material obtained from or through this Site. As a further condition of use of this Site and the Services, You warrant to LMSC that You will not use this Site or the Services for any purpose that is unlawful or prohibited by these Terms and Conditions.
You represent and warrant that you have the rights, power and authority necessary to grant the rights described in this section to User Content that you submit, provide, make available or post, via the Services, that the use by ZipRecruiter of your User Content will not violate any law or infringe the rights of any third party, and that your User Content and any other information that you provide to us is legal, complete, legitimate, truthful and accurate.
This Agreement provides only a limited license to access and use the Services in accordance with the terms of this Agreement. Accordingly, you hereby agree that LMSC transfers no ownership or intellectual property interest or title in and to the Services or any materials used in connection with the Services, including, without limitation, software, (including source code), programs, products, information, documentation, images, text, graphics, user interfaces, visual interfaces, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content. All such content as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Services are exclusively owned, controlled, and/or licensed by LMSC. LMSC logo, and all other marks are proprietary trademarks of LMSC and any use of such marks, including, without limitation, as domain names, account identifiers, or in connection with any search engine optimization practice(s), without the prior written permission of LMSC is hereby strictly prohibited. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of LMSC Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited.
Users are prohibited from violating or attempting to violate the security of any LMSC Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Site, overloading, ‘flooding’, ‘spamming’, ‘mailbombing’ or ‘crashing’, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Users are prohibited from using any device, software, or routine to interfere or attempt to interfere with the proper working of any LMSC Site or any activity being conducted on this site. Users are prohibited from using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search any LMSC Site other than the search engine and search agents available on such LMSC Site and other than generally available third-party web browsers.
LMSC reserves the right to disclose User Content and any information related to the provider of such User Content, to third parties in connection with the operation and provision of the Services, to enforce the terms of any agreement that we have with you, to comply with legal obligations and requests from governmental authorities, law enforcement agencies, court orders, subpoenas, etc., and to protect the interests of LMSC where necessary. For the avoidance of doubt, you agree that we have the right to disclose your identity to a third party who is claiming that any User Content you posted, provided, or uploaded is fraudulent, false, or misleading or constitutes a violation of the law, or a violation of their intellectual property or ownership rights, or of their right to privacy.
LMSC reserves the right to remove content from postings on the site. This may include information deemed inappropriate by LMSC or contact information such as phone numbers, addresses or e-mail addresses in places on the site where other methods of communication are required. This may also include information deemed inappropriate by LMSC.
You use the Internet solely at Your own risk and subject to all applicable local, state, national, and international laws, and regulations. While LMSC has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, LMSC and its affiliates are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You assume the sole and complete risk for using this Site.
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For Your protection, LMSC reserves the right to view, monitor, and record activity on the Site without notice or permission from You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site. LMSC will also comply with all court orders involving requests for such information.
LMSC may post advertisements of third parties on this Site, including promotions of advertisers, members, or sponsors showing their goods and services on this Site. Your correspondence, purchases, participation in, or any other dealings with third parties found on this Site are solely between You and such third party and such third parties may provide You with other offers or follow up e-mail from this site or other sources. You agree that LMSC shall not be responsible for any loss or damage of any sort incurred because of any such dealings or as the result of the presence of such third parties on this Site. Moreover, LMSC shall not be responsible or liable for the accuracy, quality, suitability, currency, or content of the statements or conduct of any third party on this Site. You shall not knowingly or intentionally interfere with the display of any advertisement.
LMSC may provide links, in its sole discretion, to other sites on the Internet for Your convenience in locating related information and services. These sites have not necessarily been reviewed by LMSC and are maintained by third parties over which LMSC exercises no control. Accordingly, LMSC expressly disclaims any responsibility for the content, the accuracy or currency of the information, and/or quality of products or services provided by or advertised on these third-party web sites. Moreover, these links do not imply an endorsement of any third party or any web site or the products or services provided by any third party.
You expressly absolve and release LMSC from any claim of harm resulting from a cause beyond LMSC’s control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnectivity problems, actions, or inactions of third parties, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
While LMSC endeavors to provide the most accurate, up-to-date materials available, the information, materials, products, and services available on this site may include inaccuracies or typographical errors that may affect the quality of the information, products, or third-party content. Moreover, we may make modifications and/or changes in this site or in the information, materials, products, and services described in this site at any time, for any reason.
The laws of certain jurisdictions do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. If these laws apply to you, some or all the below disclaimers, exclusions, or limitations might not apply to you, and you might have additional rights.
You assume the sole risk of making use and/or relying on the information, materials, products, and services available on this site, including but not limited to third-party content, materials, products, and services linked to, downloaded from, distributed through, or accessed from this site. LMSC makes no representations about the suitability, quality, completeness, timeliness, currency, accuracy, reliability, legality in your jurisdiction, or accuracy of the information, materials, products, and services described or contained on this site, including, but not limited to, third-party content, materials, products, and services linked to, downloaded from, distributed through, or accessed from this web site for any purpose. All such information, materials, products, and services are provided ‘as is’ without warranty of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement.
In no event shall LMSC be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this site or with the delay or inability to use this site, or for any information, materials, products, and services obtained through this site, or otherwise arising out of the utilization of this site, whether based in contract, tort, strict liability, or otherwise, even if LMSC has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.
LMSC also welcomes Your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, ‘content’) received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for LMSC to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. You hereby waive any claim to the contrary.
You agree to defend, indemnify, and hold harmless LMSC and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from Your use of the Site or any breach by You of this Agreement.
Any disputes, claims, and causes of action arising out of or connected with your use of this Site (each, a “Dispute”) must be submitted exclusively to the American Arbitration Association (AAA) to be heard under their Consumer Arbitration Rules. If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with these terms, you and we will pick another arbitrator pursuant to 9 U.S. Code § 5. You agree that any Dispute between us shall be resolved exclusively in individual (non-class) arbitration. The parties intend to be bound to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. An arbitration means there will be no jury, and no judge.
The arbitrator shall exclusively determine all issues as to the Dispute, applying these Terms. The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration. The arbitrator shall not have the power to hear any Dispute as a class action, mass action, or representative action. The arbitrator shall not have any power to issue relief to anyone but You or us. Disputes that can be fully resolved in small claims court need not be submitted to arbitration.
The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case, except injunctive relief.
This Agreement has been made in and will be construed and enforced in accordance with Texas law, as applied to agreements entered and completely performed in Texas. You agree that any Disputes shall be heard exclusively in the federal or state courts of Texas unless otherwise agreed to by the Parties or determined by the arbitrator. These Terms and your use of the Site are governed by the laws of Texas, without regard to its choice of law provisions. However, any determination as to whether a Dispute is subject to arbitration, or as to the conduct of the arbitration, shall be governed exclusively by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
This Site is controlled and operated by LMSC from its offices within the United States. LMSC makes no representation that materials in the Site or the Services are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site or the Services are illegal is prohibited. If You choose to access this Site or the Services from other locations, You do so on Your own volition and are responsible for compliance with any applicable local laws.
This Agreement shall be personal to You. You may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without the prior written consent of LMSC. LMSC can assign this Agreement or delegate its obligations without restriction other than as required under applicable law.
Nothing in this Agreement shall be construed as making either party the partner, employer, contractor, or employee of the other. Neither party shall have or hold itself out to any third party as having any authority to make any statements, representations, or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. Except as set out in this Agreement, only you and LMSC may enforce this Agreement as this contract is between you and LMSC; no other party shall be entitled to enforce the terms of this Agreement.
You agree to comply with all applicable laws, regulations, and ordinances in the use of the Services and the conduct of your activities.
You agree that: (a) all Confidential Information will remain the exclusive property of LMSC; (b) you will use Confidential Information only as is necessary for your use of the Services and in accordance with this Agreement; (c) you will not disclose Confidential Information to any third party; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. You further agree not to share with, or otherwise disclose to, any third party, log-in credentials or any other mechanism that permits access to the Services or any other non-public area of the LMSC Site.
You agree that any Dispute between us shall be resolved in an individual action. Under no circumstances will you file, seek, or participate in a class action, mass action, or representative action in connection with a Dispute.
This Agreement will take effect at the time You begin using this Site or the Services (thereby indicating acceptance of these Terms and Conditions). LMSC reserves the right at any time and for any reason to deny You access to the Site, the Services, or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.
Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by LMSC of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
No joint venture, partnership, employment, or agency relationship exists between You and LMSC because of this Agreement or Your utilization of this Site or the Services.
LMSC does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a user or third party through the services or any hyperlinked website or service, and LMSC will not be a party to or in any way monitor any transaction between you and a user or third-party providers of products or services. LMSC does not warrant that your use of the services will satisfy or ensure compliance with any legal obligations or laws or regulations.