Kwalified Terms and Conditions
Notice: Kwalified’s Terms and Conditions have been updated as of 07-25-2017.
These terms and conditions (the “Terms”) govern and apply to your use of the services provided by Kwalified LLC (“Kwalified” or “we”), including without limitation the job referral services (the “Referral Services”) and Kwalified.com (the “Website”) (collectively, the “Services”). These Terms constitute a legally binding agreement between you and Kwalified, regardless of whether you are using the Services as a job seeker (“Job Seeker”) or as a referrer (“Kwalifier”).
By signing up, accessing, participating in, or in any other way using in the Services, you hereby expressly agree to comply with and be bound by these Terms. Kwalified reserves the right to refuse, restrict, prohibit, or reject your use of the Services at any time and for any reason. Please read these Terms carefully before using any of the Services.
Registration, Nature of the Services
By registering for the Services, you acknowledge and agree that Kwalified is a forum for connecting Job Seekers and Kwalifiers. We do not offer staffing, executive search, or any similar services, and we do not personally endorse any Kwalifier or Job Seeker. By registering as a Job Seeker, you represent that: (i) you are at least eighteen (18) years old; and (ii) you are being completely truthful and forthcoming regarding the information you provide to Kwalified, including but not limited to information regarding your skills, education, and work experience. By registering as a Kwalifier, you represent that: (i) you are at least twenty-one (21) years old; and (ii) you have at least three (3) years of experience in the relevant field(s) of work.
Job Seeker Obligations
If you register for the Referral Services as a Job Seeker, you agree to pay a nominal subscription fee of one dollar ($1.00) per month. You hereby expressly agree that you will not, without Kwalified’s prior express written consent: (i) lie to or intentionally mislead a Kwalifier; (ii) take a job for any inappropriate purpose; or (iii) abuse the referral process in any way.
You agree to inform Kwalified of a Placement within twenty-four (24) hours of such Placement, and to pay the applicable referral fee listed in our referral fee schedule (the “Referral Fee”), within thirty (30) days of your first day of work. For the purposes of these Terms, a “Placement” shall mean your securing a contractual commitment of at least fifteen (15) hours of paid work per week for an entity or individual who has learned of you through a Kwalifier referral (a “Referral”), within one (1) year of such referral, regardless of compensation or other conditions of your arrangement (including your classification as an employee or an independent contractor), regardless of what other factors may have led to your hire, and regardless of how long the Placement lasts.
You agree to notify Kwalified immediately if you secure employment independent of the Referral Services. You also agree not delete your profile without giving Kwalified thirty (30) days’ notice, so that we can verify you are no longer an active candidate for any open position as a result of a Referral. If you are no longer on the job market, it is your responsibility to notify prospective employers and Kwalified your candidacy has been withdrawn. You acknowledge and agree that Kwalified may contact you regarding the Services.
If you register for the Referral Services as a Kwalifier, you agree to be truthful and honest regarding your evaluation of Job Seekers, and you agree not to refer a Job Seeker to any entity or individual unless you have determined, after a good faith investigation of the Job Seeker’s qualifications (including at least one phone call), you believe the Job Seeker to be a qualified candidate. You hereby expressly agree that you will not knowingly, without Kwalified’s prior express written consent, refer any Job Seeker: (i) who is your parent, sibling, child, or spouse; (ii) with a criminal record; (iii) with a history of being fired or disciplined as an employee; (iv) who has, in any way, lied to or intentionally misled you during the referral process; (v) who has expressed his or her intention to take a job for any inappropriate purpose, or to abuse the referral process in any other way; (vi) you suspect may quit his or her job quickly or abruptly, for any reason; or (vii) you have any other reason to believe may not be a qualified candidate or good employee or hire.
If you learn that a Job Seeker has secured a Placement as a result of a Referral, you agree to notify Kwalified within twenty-four (24) hours. Kwalified will pay you the applicable Referral Fee according to the Referral Fee schedule, minus the Service Fee, within four (4) weeks of receiving payment from the Job Seeker. You acknowledge and agree that the Referral Fee may be paid in up to three (3) monthly installments, in accordance with the payment plan selected by the Job Seeker. You acknowledge and agree that we will not be responsible for paying you the Referral Fee unless, and only to the extent that, we receive payment from the Job Seeker.
If you are a professional recruiter, you also agree that you will not collect a separate commission or fee from the hiring entity or individual in addition to a Referral Fee in connection with the same Placement through our Referral Services. You agree that you will immediately inform Kwalified of any actual or apparent conflicts of interest, including any incentive arrangements at your company or elsewhere, which may reward you, directly or indirectly, with money or otherwise, for referring a Job Seeker. You acknowledge and agree that Kwalified may contact you regarding the Services.
You acknowledge and agree that if you breach any part of these Terms, Kwalified’s remedies include, but are not limited to, terminating our agreement with you, placing you on an internal blacklist prohibiting your further participation in the Services, and/or filing a lawsuit. You also acknowledge and agree that you will be responsible for any costs or expenses (including attorneys’ fees) incurred by Kwalified as a result of such breach.
You acknowledge and agree that Kwalified will deduct a fifteen percent (15%) service fee (the “Service Fee”) from every Referral Fee collected.
In connection with your participation in the Services, you may have the opportunity to review or access information, materials, products, and content belonging to Kwalifiers, Job Seekers, or Kwalified and any of its partners, agents, or licensors, which is reasonably identifiable as confidential and/or proprietary (“Restricted Content”). Restricted Content is and shall remain the sole and exclusive property of its owner. In no event shall you obtain or receive any right, title, or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content. Except as strictly necessary to fulfill your obligations as a Kwalifier or a Job Seeker, you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile, or otherwise use, alter, or transfer Restricted Content without the prior express written consent of Kwalified. You acknowledge that Restricted Content may be subject to, and protected by, intellectual property laws, regulations, and codes, and agree not to engage in any activity that may violate such laws, regulations, or codes.
You agree not to do any of the following without the prior express written consent of Kwalified: (i) submit any false or misleading information in connection with your registration; (ii) forge or mask your true identity, impersonate any person or entity, or misrepresent your affiliation with a person or entity; (iii) open, use, or maintain more than one registration, except as provided below (in the “Changing Your Profile” section); (iv) establish links from any other website to any page on the Website; (v) take any action to interfere with the Website or an individual’s use of it, including, without limitation, overloading, flooding, or crashing the Website, or sending or transmitting any viruses, corrupted data, or any other harmful, disruptive, or destructive code, file, or information; (vi) disclose any personally identifiable information of any other user of the Services, except as necessary to fulfill your obligations as a Job Seeker or a Kwalifier; (vii) send unsolicited emails to other users of the Services, including, without limitation, promotions or advertising of products or services; (viii) reverse engineer any aspect of the Services; (ix) engage in any criminal or illegal act, or engage in any activities that may violate a third party’s intellectual property rights, or privacy or publicity rights; (x) encourage or advise any individual to commit any act prohibited by this Section; or (xi) engage in any activities that may otherwise violate these Terms.
Changing Your Profile
If you have registered as seeking a particular position level (e.g., “entry” or “senior”), you may change your position level by sending an email request to: firstname.lastname@example.org. You agree that you will not change your desired position level without discussing the change with, and getting the consent of, your Kwalifier. You acknowledge and agree that it may take up to thirty (30) days to verify and make that change.
By posting and or otherwise providing content (“User Content”) to Kwalified as part of your use of the Services, you expressly grant to Kwalified, and represent and warrant that you have a right to grant to Kwalified, a royalty-free, sublicensable, transferable, irrevocable, non-exclusive, worldwide license to use, reproduce, adapt, list information regarding, edit, translate, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed. This license continues even if you stop using our Services. If you are a Job Seeker, you acknowledge and agree that Kwalified has no obligation, and may be unable, to recover or recall User Content once it has been distributed to Kwalifiers, or distributed by Kwalifiers to potential employers.
You agree to indemnify, defend, and hold harmless Kwalified and its affiliates, and their directors, officers, employees, agents, successors and assigns from and against all liabilities, losses, damages and costs (including reasonable attorneys’ fees) they may suffer as the result of third party claims, demands, actions, suits or judgments against them resulting from or arising out of: (i) your breach of the “Registration,” “Job Seeker Obligations,” “Kwalifier Obligations,” “Unauthorized Uses,” or “Compliance with Applicable Laws” sections of these Terms; (ii) any negligent referral claim or similar cause of action; or (iii) your gross negligence or willful misconduct.
Disclaimers and Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KWALIFIED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR QUALITY OF THE SERVICES, OR OF ANY CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KWALIFIED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
KWALIFIED IS NOT RESPONSIBLE FOR ANY CLAIM, DEMAND, OR ACTION BROUGHT AGAINST YOU AS A RESULT OF A REFERRAL. SPECIFICALLY, AND WITHOUT IMPOSING ANY LIMITATION, KWALIFIED IS NOT RESPONSIBLE FOR ANY NEGATIVE CONSEQUENCES THAT MAY RESULT FROM A KWALIFIER REFERRING A JOB SEEKER TO A COMPETITOR. KWALIFIERS TAKE FULL RESPONSIBILITY FOR THEIR REFERRALS, AND REFER JOB SEEKERS AT THEIR OWN RISK.
IN NO EVENT SHALL KWALIFIED BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY CLAIM FOR LOST PROFITS, LOST BUSINESS, OR LOST BUSINESS OPPORTUNITIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT KWALIFIED BEARS LIABILITY, SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM AMOUNT PAID BY YOU, IF ANY, FOR USING THE SERVICES.
Kwalified reserves the right, in Kwalified’s sole discretion, to make changes to these Terms. Accordingly, Kwalified encourages you to review these Terms on an regular basis.
Compliance with Applicable Laws
You acknowledge and agree that you will, in connection with your use of the Services, comply with all applicable international, national, federal, state, and local laws, codes, regulations, and rules.
Except as otherwise set forth herein, or as required by law, all notices provided to Kwalified should shall be sufficiently delivered if delivered to the address listed immediately below: (i) by email; (ii) by Federal Express, Express Mail, or other nationally or internationally recognized overnight courier service; or (iii) by certified mail, return receipt requested, postage prepaid.
PO Box 39521
Los Angeles, CA 90039
Except as otherwise required by law, you agree that Kwalified may provide notice to you via the e-mail address you provided to Kwalified.
You acknowledge (i) that no Job Seeker will ever be entitled to a Referral Fee or other compensation from Kwalified; (ii) that all Kwalifiers are participating the Services in the capacity of an independent contractor; and (iii) no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.
If any term or provision of these Terms is held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application or interpretation of these Terms. The remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms.
Governing Law and Venue
Any dispute arising out of this Agreement shall be governed by laws of the State of California. You hereby irrevocably consent to the jurisdiction and venue of any state or federal court located within Los Angeles County, California, in connection with any matter arising out of this Agreement.
You agree that you are responsible for all taxes and fees associated with your participation in the Services. If you earn more than a certain amount of money, we may be required by law to mail you a form to obtain your social security number for tax reporting purposes. You agree that you will promptly complete and return all forms we send to you requesting information.
You may not assign your rights or obligations under these Terms to any other party without our prior written consent. We may assign our rights or obligations under these Terms to any other party at our discretion. The headings contained in these Terms are for reference only and shall have no effect on the interpretation or application of these Terms. Kwalified’s failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release or prevent Kwalified from enforcing any subsequent breach by you of these Terms. These Terms, including any rules, terms, or policies referenced or incorporated herein, represent the entire understanding and agreement between Kwalified and you with respect to the subject matter hereof.