THE BARTENDER DIRECTORY, LLC. dba The Bartender Directory
CAUTION: THIS IS A CONTRACT, READ BEFORE REGISTERING/SIGNING-UP. 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 andConditions to which you, the user, must agree to before being allowed to usethis site.By agreeing to these Terms andConditions, you hereby create an enforceable contract between yourself andThe Bartender Directory LLC (the "Agreement"). Such Agreement is a precondition forthe useof this Site, TheBartenderDirectory.com (the "Site"), by you in any fashion
1.Information Provided As-Is
The information provided on the Site by THE BARTENDER DIRECTORY LLC ("TBD") is provided "AS IS,"andTBD makes no express orimplied representations orwarranties, andexpressly disclaims any implied orexpress representations orwarranties, 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, andfitness fora particular purpose, regarding this information. TBD MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES asto the accuracy, RELIABILITY, CORRECTNESS, orapplicability of the information presented herein. TBD MAKES NO WARRANTY THAT THE WEBSITE SERVICES WILL BE CONTINUOUS OR ERROR-FREE.TBD does not guarantee the completeness, accuracy ortimeliness of this information. Your useof this information is at your own risk. You assume full responsibility andrisk of loss resulting from the useof this information.TBD makes no warranty orrepresentation relating to the accuracy of the information supplied by any users who post information on this Site, INCLUDING but not limited to nature orexistence of employment history, employment conditions, the existence of employment opportunities, orthe suitableness of any particular applicant forany particular position. Further, TBD 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, TBD makes no representations orwarranties of any kind whatsoever with respect to these communications, andshall not be liable forany harm ordamage that may result from agreements made through these privatecommunications.Any useof the information of the information presented on this Site is undertaken at your own risk, andyou hereby agree that TBD shall not be liable forany costs orliabilities incurred by you asa result of the useof any information gained from this Site.
2.Accuracy of Information Posted
By accepting these terms andconditions, andposting information on this Site, you hereby warrant andrepresent to TBD that all the information that you post orenter here is completely accurate andcorrect.You further warrant andrepresent that you have the express legal authority, right, andpower to post the information andmake it available to any andall members of the publicwho may orwill usethis Site.You further agree that you will indemnify TBD forany andall costs orliabilities, including reasonable attorney's fees andcosts of defending any action, that may be incurred by TBD forany reason whatsoever arising out of your useof this Site.
3.Termination of this Agreement
You agree that your useof this Site may be suspended orterminated immediately upon receipt of any notice which alleges that you have used this Site in violation of this Agreement and/orforany purpose that violates any local, state, federal orlaw 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 orpornographic, that violates another's intellectual property rights, that may harass orassault others, that may violate hacking orother criminal regulations, etc. of its agents, officers, directors, contractors oremployees. In such event, you agree that the owner of this Site may disclose your identity andcontact information, ifrequested by a government orlaw enforcement body orasa result of a subpoena orother legal action, andthe owner of this Site shall not be liable fordamages orresults thereof, andyou agree not to bring any action orclaim against the owner of this Site forsuch disclosure. Additionally, you agree that your useof this Site may be terminated without notice forany reason whatsoever at the sole andabsolute discretion of TBD.
4.User Representations andWarranties
Further, by signing this Agreement, you represent andwarrant that you have (1) the right andexplicit authority to execute this Agreement on behalf of yourself orany business entity of any kind that may be using orrelying upon this information, and(2) the right andexplicit authority to disclose andpost the information that you disclose andpost on this Site.
You further warrant andrepresent that all profiles created are foryourself orfora business orother entity forwhich you have the right andexplicit authority to create a profile on behalf of.Posting a false profile of any kind orposting false information on your profile is grounds fortermination of your account without refund of any fees paid.Further, you agree to indemnify TBD forany costs orliabilities of any kind, including but not limited to reasonable attorney’s fees andcosts of defending a suit, arising out of any false, fake, ormisleading information posted on this Site.
5.Disclosure of Information
TBD may retain anduseall information you provide, including but not limited to business orpersonal demographics andcontact andbilling information. You agree that Google may transfer anddisclose to third parties personally identifiable information about you forthe purpose of approving andenabling your participation in the Site, including to third parties that reside in jurisdictions with less restrictive data laws than your own.
TBD may also provide information in response to valid legal process, such assubpoenas, search warrants andcourt orders, orto establish orexercise its legal rights ordefend against legal claims. TBD disclaims all responsibility, andwill not be liable to you, however, forany disclosure of that information by any such third party. TBD may share non-personally-identifiable information about you with advertisers, business partners, sponsors, andother third parties.
When you sign up forthe 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 fora continuous period of thirty (30) days from the dateof payment, subject to all of the Terms andConditions contained herein.After this initial thirty (30) day period, you will be automatically charged a reoccurring payment foraccess to the Site forthe 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 orpart of your monthly access fee forany reason except asspecifically allowed forherein.Any refund beyond what is contractually guaranteed is at the sole andabsolute discretion of TBD on a caseby casebasis, andshall not be construed asestablishing a policy of providing refunds.
7.Duties of TBD
Additionally, you hereby acknowledge that TBD has no duty orobligation to find a suitable match foryou, whether that be an employee oremployment.The Site solely serves asan outlet forindividuals andbusinesses seeking employees oremployment in the bartending orrestaurant industry to post information related to the search foremployees oremployment.TBD makes no warranties orrepresentations asto your ability to find suitable employment oremployees, andshall not be liable forany costs orliabilities incurred asa result of any employment oremployee acquired asa result of using this Site.Further, all parties agree that once employment oremployee(s) have been acquired, TBD's participation in any aspect of said employment shall permanently cease andabate.TBD makes no warranties orrepresentations asto the quality of any employment oremployee which may be acquired asa result of using this Site. You agree that you useany information gained on this Site, including but not limited to starting employment orhiring an employee, at your own risk.All actions undertaken asa result of using this Site are hereby undertaken solely by the user of the Site.TBD shall play no part in any hiring oremployment decision of any kind undertaken by users of this Site.Nor shall TBD agree to mediate, intercede, negotiate, ortake any action whatsoever on behalf of a user of this Site in an attempt to secure employment oran employee.
This Release constitutes the entire Agreement between the parties andsupersedes all previous agreements, discussions, promises orrepresentations, written ororal, andshall be binding upon andinure to the benefit of the executors, administrators, personal representatives, heirs, successors andassigns of each.If any term orcondition of this Agreement shall be invalid orunenforceable to any extent orin any application, then the remainder of this Agreement, andsuch terms orconditions except to such extent orin such application, shall not be affected thereby andeach andevery term andcondition of this Agreement shall be valid andenforceable to the fullest extent andin 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, orafter your continued participation in the Site after such terms have been updated by TBD.
The failure to requireperformance of any provision shall not affect a party's right to requireperformance at any time thereafter, nor shall a waiver of any breach ordefaultof this Agreement constitute a waiver of any subsequent breach ordefaultora waiver of the provision itself.You may not resell, assign, ortransfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to TBD. Notwithstanding the foregoing, TBD may assign this Agreement to any party oraffiliate at any time without notice. The relationship between TBD andyou 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, orotherwise, andwhich, ifknown, would materially affect Plaintiff's decision to enter into this Agreement. Accordingly, Plaintiff does hereby expressly waive andrelinquish any andall rights andbenefits 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 TBD.
TBD will not, UNDER ANY CIRCUMSTANCES, be liable forany andall past, present, orfuture claims, demands, obligations, actions, causes of actions, rights, damages, costs, losses of services, expenses anddirect, special, indirect, incidental, consequential, orpunitive damages orany other damages, whether in an action based upon a statute, contract, tort (including, without limitation, negligence), orANY OTHER theory of recovery, which Plaintiff now has, orwhich may hereinafter accrue orotherwise be acquired on account of, ormay in any way grow out of, orrelating to the useof this Site.BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, TBD'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
MEDIATION & ARBITRATION. The parties agree that ifany controversy orclaim arising out of orrelating to this Agreement cannot be settled through direct discussions, they shall endeavor first to settle the controversy orclaim 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 andthat those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing andexcept forpayment obligations, neither party shall have any liability forany failure ordelay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action oracts of terrorism, earthquake orother acts of God, labor conditions, andpower failures.
CONSENT: By registering/signing-up on TBD website, you automatically consent to TBD’s terms and conditions outlined above, and therefore TBD constitutes your sign-up as your acceptance.
If you have not already been in communication with the employer, please send a message to them to obtain next steps.
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