UNRULY ENTERPRISE LLC dba The Bartender Directory

TERMS AND CONDITIONS

CAUTION: THIS IS A CONTRACT, READ BEFORE SIGNING.

PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS BEFORE REGISTERING FOR THE BARTENDER DIRECTORY. PARTICIPATION IN THE BARTENDER DIRECTORY INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR OR PARTICIPATE IN THE BARTENDER DIRECTORY.

The following document contains the Standard Terms and Conditions to which you, the user, must agree to before being allowed to use this site. By agreeing to these Terms and Conditions, you hereby create an enforceable contract between yourself and Unruly Enterprises LLC (the "Agreement"). Such Agreement is a precondition for the use of this Site, TheBardtenderDirectory.com (the "Site"), by you in any fashion.

1. Information Provided As-Is

The information provided on the Site by UNRULY ENTERPRISES LLC ("Unruly") is provided "AS IS," and Unruly makes no express or implied representations or warranties, and expressly disclaims any implied or express representations or warranties, ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPESS, STATUTORY AND IMPLIED warranties of performance, merchantability, and fitness for a particular purpose, regarding this information. UNRULY MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES as to the accuracy, RELIABILITY, CORRECTNESS, or applicability of the information presented herein. UNRULY MAKES NO WARRANTY THAT THE WEBSITE SERVICES WILL BE CONTINUOUS OR ERROR-FREE. UNRULY does not guarantee the completeness, accuracy or timeliness of this information. Your use of this information is at your own risk. You assume full responsibility and risk of loss resulting from the use of this information. UNRULY makes no warranty or representation relating to the accuracy of the information supplied by any users who post information on this Site, INCLUDING but not limited to nature or existence of employment history, employment conditions, the existence of employment opportunities, or the suitableness of any particular applicant for any particular position. Further, UNRULY has no control whatsoever over any information relayed to any party outside of the existing parameters of this Site. If you choose to communicate directly with a party you have found through this Site, UNRULY makes no representations or warranties of any kind whatsoever with respect to these communications, and shall not be liable for any harm or damage that may result from agreements made through these private communications. Any use of the information of the information presented on this Site is undertaken at your own risk, and you hereby agree that Unruly shall not be liable for any costs or liabilities incurred by you as a result of the use of any information gained from this Site.

2. Accuracy of Information Posted

By accepting these terms and conditions, and posting information on this Site, you hereby warrant and represent to UNRULY that all of the information that you post or enter here is completely accurate and correct. You further warrant and represent that you have the express legal authority, right, and power to post the information and make it available to any and all members of the public who may or will use this Site. You further agree that you will indemnify Unruly for any and all costs or liabilities, including reasonable attorney's fees and costs of defending any action, that may be incurred by Unruly for any reason whatsoever arising out of your use of this Site.

3. Termination of this Agreement

You agree that your use of this Site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this Site in violation of this Agreement and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that violates another's intellectual property rights, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this Site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this Site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this Site for such disclosure. Additionally, you agree that your use of this Site may be terminated without notice for any reason whatsoever at the sole and absolute discretion of Unruly.

4.User Representations and Warranties

Further, by signing this Agreement, you represent and warrant that you have (1) the right and explicit authority to execute this Agreement on behalf of yourself or any business entity of any kind that may be using or relying upon this information, and (2) the right and explicit authority to disclose and post the information that you disclose and post on this Site.

You further warrant and represent that all profiles created are for yourself or for a business or other entity for which you have the right and explicit authority to create a profile on behalf of. Posting a false profile of any kind, or posting false information on your profile is grounds for termination of your account without refund of any fees paid. Further, you agree to indemnify Unruly for any costs or liabilities of any kind, including but not limited to reasonable attorneys fees and costs of defending a suit, arising out of any false, fake, or misleading information posted on this Site.

5.Disclosure of Information

Unruly may retain and use all information you provide, including but not limited to business or personal demographics and contact and billing information. You agree that Google may transfer and disclose to third parties personally identifiable information about you for the purpose of approving and enabling your participation in the Site, including to third parties that reside in jurisdictions with less restrictive data laws than your own.

Unruly may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Unruly disclaims all responsibility, and will not be liable to you, however, for any disclosure of that information by any such third party. Unruly may share non-personally-identifiable information about you with advertisers, business partners, sponsors, and other third parties.

6. Payment and Services

When you sign up for the Site, you shall be charged an initial fee in order to gain access to all features of the Site. This initial fee shall guarantee access for a continuous period of thirty (30) days from the date of payment, subject to all of the Terms and Conditions contained herein. After this initial thirty (30) day period, you will be automatically charged a reoccurring payment for access to the Site for the next thirty (30) day period unless you checked the option to not have this payment automatically made when you initially signed up.

Further, you shall not be entitled to a refund of all or part of your monthly access fee for any reason except as specifically allowed for herein. Any refund beyond what is contractually guaranteed is at the sole and absolute discretion of Unruly on a case by case basis, and shall not be construed as establishing a policy of providing refunds.

7. Duties of Unruly

Additionally, you hereby acknowledge that Unruly has no duty or obligation to find a suitable match for you, whether that be an employee or employment. The Site solely serves as an outlet for individuals and businesses seeking employees or employment in the bartending or restaurant industry to post information related to the search for employees or employment. Unruly makes no warranties or representations as to your ability to find suitable employment or employees, and shall not be liable for any costs or liabilities incurred as a result of any employment or employee acquired as a result of using this Site. Further, all parties agree that once employment or employee(s) have been acquired, Unruly's participation in any aspect of said employment shall permanently cease and abate. Unruly makes no warranties or representations as to the quality of any employment or employee which may be acquired as a result of using this Site. You agree that you use any information gained on this Site, including but not limited to starting employment or hiring an employee, at your own risk. All actions undertaken as a result of using this Site are hereby undertaken solely by the user of the Site. Unruly shall play no part in any hiring or employment decision of any kind undertaken by users of this Site. Nor shall Unruly agree to mediate, intercede, negotiate, or take any action whatsoever on behalf of a user of this Site in an attempt to secure employment or an employee.

8. Miscellaneous

This Release constitutes the entire Agreement between the parties and supersedes all previous agreements, discussions, promises or representations, written or oral, and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, successors and assigns of each. If any term or condition of this Agreement shall be invalid or unenforceable to any extent or in any application, then the remainder of this Agreement, and such terms or conditions except to such extent or in such application, shall not be affected thereby and each and every term and condition of this Agreement shall be valid and enforceable to the fullest extent and in the broadest application permitted by law.

Any modifications to this Agreement must be made in a writing executed by both parties, by your online acceptance of updated terms, or after your continued participation in the Site after such terms have been updated by Unruly.

The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Unruly. Notwithstanding the foregoing, Unruly may assign this Agreement to any party or affiliate at any time without notice. The relationship between Unruly and you is not one of a legal partnership relationship of any kind.

9. Limitation of Liability

USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION. YOU UNDERSTAND THAT THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. IN GIVING THIS RELEASE, WHICH INCLUDES CLAIMS THAT MAY BE UNKNOWN TO YOU AT PRESENT, whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect Plaintiff's decision to enter into this Agreement. Accordingly, Plaintiff does hereby expressly waive and relinquish any and all rights and benefits which each may otherwise have pursuant to California Civil Code, Section 1542, which provides that:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

YOU EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY OTHER JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY UNKNOWN OR UNSUSPECTED CLAIMS YOU MAY HAVE AGAINST UNRULY.

Unruly will not, UNDER ANY CIRCUMSTANCES, be liable for any and all past, present, or future claims, demands, obligations, actions, causes of actions, rights, damages, costs, losses of services, expenses and direct, special, indirect, incidental, consequential, or punitive damages or any other damages, whether in an action based upon a statute, contract, tort (including, without limitation, negligence), or ANY OTHER theory of recovery, which Plaintiff now has, or which may hereinafter accrue or otherwise be acquired on account of, or may in any way grow out of, or relating to the use of this Site. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, UNRULY'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

MEDIATION & ARBITRATION. The parties agree that if any controversy or claim arising out of or relating to this Agreement cannot be settled through direct discussions, they shall endeavor first to settle the controversy or claim by a mediation administered by JAMS under its applicable rules. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, THE PARTIES AGREE THAT IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (THE "JAMS RULES"). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE AN ARBITRATOR EXPERIENCED IN THE ENTERTAINMENT INDUSTRY AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF LOS ANGELES. THE PARTIES AGREE THAT THE REMEDY FOR ANY CLAIM BROUGHT PURSUANT TO THIS AGREEMENT SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE OR EXEMPLARY DAMAGES OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.

CONSENT: Your consent by e-signature to the terms outlined above will constitute acceptance of this Agreement. Your consent in an email will constitute acceptance in lieu of a physical signature.

Agreed to and accepted by:

Signature:

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