TERMS OF SERVICE
- ApployMe, LLC’s Mission Statement is to put people in the right-fit positions so they can maximize their potential and live more fulfilling lives.
The ApployMe Website and Mobile Application
- By creating a profile or by submitting an application to an employer through our Website or App, you are expressly consenting to our use of your name, as well as your likeness, image, photo, video, voice, and appearance if you provide a photo or video, in connection with a jobseeker database that potential employers may browse. You may be contacted by third parties about jobs for which you did not apply. Additionally, by submitting an application to an employer through our Website or App, you are expressly consenting to our use of your name, as well as your likeness, image, video, voice, and appearance if you provide a video, in connection with your application and delivering your application to the particular employer. We do not submit your photo directly to an employer when you submit an application. However, it is possible for an employer to view your profile, including your photo, in our browsable database of jobseekers. If you do not want to be included in our jobseeker database, do not create a profile and do not submit an application using our Website or App. If you do not want your photo or video to be included in our jobseeker database, do not provide a photo or video in your profile or in connection with a job application.
Use of App
- The use of the App requires use of a mobile device and wireless and mobile data service, which you must obtain from your carrier, and may require Internet access. You are responsible for obtaining and paying for such services, and ApployMe will not be liable for any costs or fees incurred by or through your use of the App, including, but not limited to, any mobile carrier fees, any SMS, MMS or other text or multimedia message fees, or any payment provider fees.
- By using the App, you consent to receive, at your own cost, electronic communications from ApployMe about the App, including, without limitation, via SMS, MMS and other text or multimedia messages, email, and by transmitting data to your mobile device such as through a push message. Such communications from ApployMe, LLC may include, without limitation, administrative messages, service announcements, diagnostic data reports, and updates to the App itself. You consent to the transmission of data from ApployMe, LLC and the App to and from your mobile device, including to push automatic updates to your mobile device.
Facebook Social Registration and Login
- By registering through Facebook, you agree to receive email job alerts from us. If you wish to unsubscribe from our email job alerts, you may do so at anytime by updating your settings options through your desktop profile.
- From time to time we will change, or make improvements to, our Website and App. Such changes and/or improvements may be made without prior notice to you. We may provide you notice of such change on our Website, App or in e-mails we send to our Members.
- Mission Statement
Your Rights and Obligations
User Name/E-Mail Address and Password
- To log onto our Website or App, you will need a user name and password which you will supply when you register to use our Website or App. You are responsible for maintaining the security and confidentiality of your user name and password, and all activities (whether by you or by others) with respect to the Website and/or App that occur under your user name or password. You are also liable for all charges, damages and losses incurred or suffered by you and/or by us as a result of your failure to maintain the confidentiality of your user name and password. We are not liable for any harm or loss caused by or related to the theft or disclosure of your user name and password, or your authorization to allow another person to access and use the Website or App with your user name and password. You agree to notify us immediately of any unauthorized use of your user name and password, the need to deactivate your user name and password due to security concerns, or any other breach of security. You must ensure that you log out of your account at the end of each session.
Your License and Authorization to Us
- By submitting and/or signing an application, new hire paperwork (employment agreements, arbitration agreements, new hire manuals, etc.) or other similar document through the Website, you authorize ApployMe to disclose any information that ApployMe has collected during and from the submission and/or signature process, including but not limited to any information necessary to prove the electronic signatures on the application, new hire paperwork or other similar document are attributable to you, to the employer to which the application, new hire paperwork or other similar document was submitted to and/or signed for.
In connection with using our Website and/or App, you agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with notices sent by us concerning the Website, App and our operation thereof; and
- Use the Website and/or App in an honest, respectful and professional manner.
In connection with using our Website and/or App, you agree that you will not:
- Act dishonestly or unprofessionally by engaging in unprofessional behavior or by posting inappropriate, inaccurate, or objectionable content to our Website or App;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used in connection with the Website or App, or any part thereof;
- Include information in your profile or elsewhere, except in designated fields, that is confidential in nature or that reveals your identity or sensitive personal information such as an email address, phone number or address;
- Create a user profile for anyone other than a natural person;
- Utilize information, content or any data you view on and/or obtain from our Website or App to provide any service that is competitive, in our sole discretion, with our Website, App or our business;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by ApployMe, unless you have entered into a written agreement with us to that effect;
- Adapt, modify or create derivative works based on our Website, App or the technology underlying either, or other Members' content, in whole or part;
- Rent, lease, loan, trade or sell/re-sell access to our Website, App or any information therein, or the equivalent, in whole or part;
- Deep-link to our Website or App for any purpose, (i.e. including a link to one of our web pages other than our Website's home page) unless expressly authorized in writing by us or for the purpose of promoting your profile on our Website or App;
- Use manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl" or "spider" our Website or App;
- Use bots or other automated methods to add or download contacts, send or redirect messages or perform other permitted activities;
- Access, via automated or manual means or processes, our Website or App for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
- Engage in "framing," "mirroring," or otherwise simulating the appearance or function of our Website or App;
- Attempt to or actually access our Website or App by any means other than through the interfaces provided by us;
- Attempt to or actually override any security component included in or underlying our Website or App;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Members or our personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Website or App, including ours or any Sponsor's;
- Remove, cover or otherwise obscure any form of advertisement included on our Website or App;
- Harass, abuse or harm another person, including sending unwelcome communications to others using our Website or App;
- Share information of non-Members without their express consent;
- Interfere with or disrupt our Website or App, including but not limited to any servers or networks connected to our Website or App;
- Invite people you do not know to join My Account;
- Upload a cartoon, symbol, drawing or any content other than a head-shot photograph of yourself in your profile photo or video (if applicable);
- Use or attempt to use another's account without our authorization, or create a false identity on our Website or App;
- Infringe or use our brand, logos and/or trademarks, including, without limitation, using the words "ApployMe" or "ApployMe," or words likely to be confused with those words, in any business name, email, or URL, except as expressly permitted by us in writing;
Upload, post to My Account, email, transmit or otherwise make available or initiate any content that:
- Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by us);
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to (1) using our Website or App to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (2) using our Website or App to connect to people who don't know you and then sending unsolicited promotional messages to those connections without their permission; and (3) sending messages to distribution lists, newsgroup aliases or group aliases;
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ours or any Member; and/or H. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through our Website or App.
- Participate, directly or indirectly, in the setting up or development of a network that seeks to create a pyramid scheme or other similar practice.
Website and App Security Rules
- You are prohibited from violating or attempting to violate the security of our Website or App, including, without limitation, (a) accessing data not intended for you or logging into a server or account that you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of our Website or App or to breach security or authentication measures without proper authorization, or (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of overloading, "flooding", "mailbombing" or "crashing."
- Violations of Website, App or network security may result in civil or criminal liability. We may investigate occurrences which involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Members who are involved in such violations.
email@example.comOr via U.S. mail or courier at:
User to User Communications
- We offer various forums and blogs on our Website such as My Account where you can post your resume and communicate with other Members. Ideas you post and information you share may be seen and used by other Members and by Sponsors, and we cannot guarantee that other Members or Sponsors will not use the ideas and information that you share on our Website or App. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to our Website or App. WE ARE NOT RESPONSIBLE FOR A MEMBER’S OR SPONSOR’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY COMMUNITY FORUMS ON OUR WEBSITE OR APP, INCLUDING, BUT NOT LIMITED TO, INFORMATION YOU POST IN “MY ACCOUNT.”
Peer to Peer Messaging
- The peer to peer messaging functionality is not to be used for emergency communications, and may only be used for lawful and authorized purposes. You and any user added to your organization or location shall not use the messaging functionality to:
- upload, post, transmit, or otherwise make available anything that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a ApployMe employee, administrator, owner, or other member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- manipulate identifiers in order to disguise your or a user's identity;
- upload, post, transmit, or otherwise make available any of information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, transmit or otherwise make available information in a manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- provide access to the communication functionality of the Service to any third party;
- upload, post, transmit, or otherwise make available any commercial offers, advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
- disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges using the communication functionality of the Service;
- interfere with or disrupt the communication functionality of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including using any device or software;
- modify, adapt, or hack the communication functionality of the Service, including by using any non-public ApployMe APIs, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
- intentionally or unintentionally violate any applicable local, state, national or international law in connection with your use of the communication functionality of the Service, including, but not limited to, the Telephone Consumer Protection Act, 47 U.S.C. section 227, any data, privacy, or export control laws, or regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above.
- If you consent to receive SMS messages in connection with the peer to peer communication functionality of the Services, you certify that you are authorized: (a) to use the designated mobile phone number which will receive the SMS messages, and (b) to incur any mobile message or data charges that may be incurred by receipt of the SMS messages as message and data rates may apply. You also agree that by consenting to receive SMS messages in connection with the peer to peer communication functionality of the Services, ApployMe and its representatives may send you automated texts to numbers you associate with your account to inform you when messages from other users are waiting and for any other account-related, customer service or administrative purpose. You may opt out of receiving SMS messages by replying STOP to any ApployMe text message, changing your ApployMe account settings, or contacting the ApployMe Customer Support team at 866-277-1995.
- You understand and agree that ApployMe has no obligations or liabilities associated with any use of the messaging functionality by you or a user that is added to your organization or location. If you add an organization or location in connection with the messaging functionality, you represent and warrant to ApployMe that you are the owner of that organization or location or are otherwise authorized by the organization or location. You understand and agree that you are solely responsible to ensure that a user added under your organization or location complies with the terms of this Section.
- The peer to peer messaging functionality is not to be used for emergency communications, and may only be used for lawful and authorized purposes. You and any user added to your organization or location shall not use the messaging functionality to:
- Compliance with Applicable Laws
- You are responsible for ensuring that your use of our Website and/or App complies with all laws directly or indirectly applicable to you or us. ApployMe IS NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE WEBSITE OR APP IN WAYS THAT DO NOT COMPLY WITH ANY APPLICABLE LAW.
- You Must be 14 or Older to Use this Website or App
- Your Right to Use our Website and App
- Complaint Procedure
- Export Control
- Your use of our Website or App, including the software that runs our Website or App, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software, you are not listed on any US government list of prohibited or restricted persons, and you are not located in a country that is subject to a US government embargo or that has been designated by the US government as a “terrorist supporting” country.
- Service Eligibility
Our Rights and Obligations
- Availability of Website and App
- ApployMe Intellectual Property
- All of the design, text, and graphics of our Website and App, as well as the selection and arrangement thereof, are Copyright (C) 2017 ApployMe, LLC, All Rights Reserved. APPLOYME, APPLOYME, THE #1 SOURCE FOR HOURLY EMPLOYMENT, SYSDINE, LOG ON. FIND A JOB. GET TO WORK, THE HOURLY GIG, HOURLY AMERICA, and all of our logos, including the ApployMe logo, The Hourly Gig logo, and the S logo are our trademarks. These trademarks, and the Website and App images and text, and all page headers, graphics, HTML based computer programs used to generate pages on the Website or App, and icons are our trademarks, service marks and/or trade dress, and may not be used without our prior written permission. All uses thereof inure to our benefit. All other trademarks, product names and company names or logos included on the Website or App are the property of their respective owners.
- Our Website and App contain material that is protected by the copyright, trademark and other intellectual property laws of the United States and foreign countries. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from our Website or App, except as expressly set forth above. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT OF THE WEBSITE OR APP, OR THE TRADEMARKS SET FORTH THEREIN, CONSTITUTES COPYRIGHT AND/OR TRADEMARK INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED UNDER UNITED STATES AND INTERNATIONAL LAWS AND TREATIES. Any unauthorized use by you of our intellectual property may lead us to revoke your access to our Website and/or App.
- Collection and Use of Your Content by Us
- If you have directly submitted information and would like us to remove it from its database, you should contact us at the email address or phone number listed in the Contact Us section of our Website or App, and we will use reasonable efforts to delete your information from our then existing files.
- While we appreciate hearing from you and welcome your comments regarding our Website and/or App, our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those we have specifically requested. While we do value your feedback on our Website and/or App, please be specific in your comments regarding our Website or App and do not submit creative ideas, inventions, suggestions or materials. If, despite our foregoing request, you send us creative suggestions, ideas, drawings, concepts, inventions or other information (collectively, a “Submission”), such Submission shall immediately become our property. The Submission shall not be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. We shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person.
- No Professional Advice
- None of the services, materials, content, or information available on or through our Website or App constitutes employment, career, financial, legal, or other professional advice. You are encouraged to obtain advice tailored to your particular situation from a qualified professional if you have any questions regarding any such matters.
- Links to Other Sites
- We have no responsibility whatsoever for the activities of our Members or our Sponsors or advertisers or their respective hiring, recruiting or other practices (or any of the information posted or downloaded by them on or from our Website or App). Nothing on our Website or App shall be deemed to be an endorsement, representation or warranty with respect to any Sponsor or advertiser or other third person or entity, whether in regard to its website, products, services or otherwise.
- Limitation of Liability and Disclaimer of Warranties
- YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND/OR APP AND THE INTERNET GENERALLY. OUR WEBSITE, APP AND THE INFORMATION PROVIDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, AND/OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE WEBSITE, APP OR OUR INFORMATION PROVIDED THEREIN.
- WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE (1) ACCURACY, COMPLETENESS, CONTEMPORANEOUSNESS OR TIMELINESS OF OUR WEBSITE OR APP, (2) THE QUALITY AND SECURITY OF OUR WEBSITE OR APP, OR (3) THE INABILITY TO ACCESS OUR WEBSITE, APP OR THE CONTENT OF EITHER, INCLUDING WHETHER OUR WEBSITE OR APP WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OUR WEBSITE OR APP. WHEN USING OUR WEBSITE OR APP, INFORMATION WILL BE TRANSMITTED OVER THE INTERNET, A MEDIUM THAT IS BEYOND OUR CONTROL AND JURISDICTION. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR APP, AND YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
- YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR WEBSITE OR APP. ANY MATERIAL DESCRIBED OR USED ON OUR WEBSITE OR APP MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US. WE MAKE NO WARRANTIES WHATSOEVER THAT A USER WILL OBTAIN ANY JOB THROUGH OUR WEBSITE OR APP, NOR DO WE MAKE ANY WARRANTIES ABOUT (AND TAKE NO RESPONSIBILITY FOR) ANY JOB YOU MAY OBTAIN. WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO OUR WEBSITE OR APP, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF OUR WEBSITE OR APP BY OTHER USERS. THEREFORE, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
- Limitation of Damages and Remedies
- No Partnership
- Certain Legal Requirements
- No Extraterritoriality
- We are based in Glen Allen, Virginia in the United States of America. We make no representation that our Website or App is appropriate or may legally be viewed in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the Website or App is prohibited from jurisdictions where the Website, App, or their content, is illegal. Those who choose to access or use the Website or App do so on their own initiative and are responsible for compliance with applicable laws. If you access or use the Website or App from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
- Mutual rights of termination. You may terminate your account with us for any reason or no reason, at any time, with notice to us. Your termination notice will be effective upon our processing the notice. We may terminate your account with us for any reason or no reason, at any time, with or without notice. A termination by us will be effective immediately or as may be specified in any notice from us. Termination of your account with us includes disabling your access to our Website and/or App and may also bar you from any future use of our Website and/or App.
- Misuse of the Services. We may restrict, suspend or terminate the account of any Member who abuses or misuses our Website or App. Misuse of our Website or App includes inviting other Members with whom you do not know to connect; abusing the My Account messaging services; creating multiple or false profiles; using our Website or App commercially without our authorization; infringing any intellectual property rights; or any other behavior that we, in our sole discretion, deem contrary to the purpose of the Website or App. In addition, and without limiting the foregoing, we will terminate accounts of Members who, in our sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
- Effect of Termination. Upon the termination of your account with us, you lose access to our Website or App. In addition, we may block access to our Website or App from an IP address or range of IP addresses associated with those of terminated Members.
- Identification of Copyright or Trademark Infringement Agent
- If you believe that your copyrighted work or trademark has been uploaded, posted or copied to our Website or App and is accessible on our Website or App in a way that constitutes copyright or trademark infringement, please review our procedure for Complaint Procedure Regarding Content Posted on the ApployMe Website or App.
- Jurisdiction and Choice of Law
- You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, or agents: (a) you will submit to the jurisdiction of the courts of Henrico County, Virginia, including, without limitation, the United States District Court for the Eastern District of Virginia, Richmond Division, or the Circuit Court of the County of Henrico, and (b) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
- In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of our Website or App, exploitation of any advertising or other materials issued in connection therewith, or exploitation of our Website, App or any content or other material used or displayed on our Website or App.
- Availability of Website and App