home 4 03

Welcome to Match & Cover LLC, website, emails, and/or mobile applications together with any materials and services available therein (the “Sites”). Throughout these terms, “Match & Cover,” “we,” “us” and “our” refer to Match & Cover LLC and its divisions, subsidiaries, and affiliates along with their directors, officers, employees, agents, and representatives. Your use of and access to the Sites is subject to the following terms and conditions (“Terms of Service”), which you affirmatively accept by using the Sites. Please read these Terms of Service carefully and ensure that you understand them before you use the Sites.

We reserve the right to modify the contents of the Sites at any time, including the features, availability, or operation of the Sites, these Terms of Service, and/or any policy or notice posted on the Sites. You agree to monitor the Sites for any changes and that the continued use of the Sites following the posting of any changes signals your understanding of, and agreement to, such changes.

EACH TIME YOU USE THE SITES, THIS AGREEMENT AS IT THEN READS WILL GOVERN YOUR USE. ACCORDINGLY, WHEN YOU USE THE SITES, YOU SHOULD CHECK THE DATE OF THESE TERMS WHICH APPEAR AT THE BOTTOM OF THIS AGREEMENT AND REVIEW ANY CHANGES SINCE THE LAST VERSION.

Eligibility and Ability to Accept Terms of Service

The word “you” as used in the Terms of Service will apply to users who browse, access or use the Sites on their own behalf and/or on behalf of an entity. If you use the Sites on behalf of an employer, organization, agency, institution, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to the Terms of Service, and that you agree to these Terms of Service on the entity’s behalf.

Each time you use the Sites, you signify your agreement, and the agreement of all persons you represent, without limitation or qualification, to be bound by these Terms of Service, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Service on behalf of yourself and all persons or entities you represent. If you do not agree with each provision of these Terms of Service, or you are not authorized to agree to and accept these Terms of Service, you may not use the Sites. You also affirm that you are over the age of legal majority, can form legally binding agreements under applicable law, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to qualify under, abide by, and comply with these Terms of Service.

Accuracy, Completeness and Timeliness of Information

The Sites provide a passive forum for users to obtain employment and career information. Match & Cover makes no representations or warranties regarding the effectiveness of the Sites or their content in meeting employment or career objectives. By submitting or entering your information to the Sites (“Submitted Information”), you agree that you grant Match & Cover a perpetual, non-exclusive, irrevocable, royalty free, fully paid-up, transferable, fully sublicensable, worldwide license and right, but not the obligation, to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, create derivative works in any manner, in entirety or a portion of, of your Submitted Information, and by any means, forever and worldwide. You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submitted Information, and your provision thereof through and in connection with the Sites, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

Match & Cover may (but has no obligation to) screen, evaluate, or monitor any Submitted Information. Match & Cover, therefore, makes no representation regarding the reliability, accuracy, completeness, validity, or truthfulness of any Submitted Information. Match & Cover reserves the right, in its sole discretion, to delete, remove, refuse to display, or block any Submitted Information, discontinue services, remove or alter content, or retract positions at any time without incurring any obligations. You acknowledge and agree that Match & Cover may retain copies of your Submitted Information and disclose your Submitted Information to a third party if Match & Cover believes that it is necessary to: (i) protect the integrity of the Sites; (ii) protect rights of Match & Cover; (iii) comply with any court order; (iv) comply with any legal proceedings; (v) assert Match & Cover’s claim under this Terms of Service; and (vi) satisfy any claims regarding violations of third party’s rights. We may disclose information regarding your access to and use of the Sites, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

For clarity, certain information that you provide to Match & Cover through the Sites may also be governed by Match & Cover’s Privacy Policy. You represent and warrant that any information you provide in connection with the Sites is and will remain accurate and complete, and that you will maintain and update such information as needed.

The Sites should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information.

Use of the Sites

Subject to and conditioned on your compliance with the Terms of Service, Match & Cover grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Sites solely for your personal and non-commercial use for yourself or within your organization. All materials displayed or made available on the Sites, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the “Material”) are the exclusive property of Match & Cover or its content suppliers. The Material is protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Material, or (ii) use the Material on other web sites or any media, e.g., networking environment, without Match & Cover’s prior written consent. All trademarks, service marks, and logos (the “Marks”) displayed on the Sites are the exclusive property of Match & Cover and their respective owners. You shall not use the Marks in any manner without Match & Cover’s and their respective owners’ prior written consent. Match & Cover neither warrants nor represents that use of information and/or material from the Sites will not infringe rights of third parties not affiliated with Match & Cover.

Improper use of information provided on the Sites and improper use of any hardware or software, including the intent to damage or interfere with the proper working of the Sites or to surreptitiously intercept any system, data or personal information from the Sites, is strictly prohibited. You may not interrupt or attempt to interrupt the operation of the Sites in any way and Match & Cover reserves the right, in its sole discretion, to terminate access to or use of the Sites at any time without notice. Termination of access or use of the Sites will not waive or affect any right or relief to which Match & Cover may be entitled at law or in equity.

In connection with your use, you agree NOT to: (1) violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; (2) infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; (3) breach or attempt to breach any security measures of the Sites; (4) use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Sites or any Material without Match & Cover’s prior written consent; (5) access or attempt to access any account or login of any third party listed on the Sites; (6) copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, rent, lease, publish, reverse engineer, translate, or create derivative works of any Material, except for materials that have been submitted and are owned by you; (7) post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information; (8) impersonate any person or entity; (9) forge any header information in any electronic posting or mail; (10) harvest or collect information about users of the Sites; (11) frame or mirror any portion of the Sites, or otherwise incorporate any portion of the Sites into any product or service; (12) remove any copyright, trademark or other proprietary rights notice from the Sites; (13) use the Sites for any commercial purpose, or for any purpose that is otherwise fraudulent or otherwise harmful; (14) interfere with or disrupt the operation of the Sites or the servers or networks used to make the Sites available, including by hacking or defacing any portion of the Sites; or (15) misrepresent yourself, your affiliation with any third party, or your entity. You also agree NOT to upload, post, transmit, or store any material that: (1) is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; (2) breaches any of your contractual or confidentiality obligations; (3) disrupts or interferes with the normal operations of the Sites, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or (4) is not permitted by Match & Cover, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials.

You may use personal information available on the Sites only if you are an authorized user and only for the purposes for which it was provided, including job placement and similar, employment-related purposes. If you refer a friend or colleague to our Sites by providing us with their contact information, you represent that you have their permission to do so. If you do not have their consent to share their contact information, then please do not refer your friend or colleague to the Sites. Any use of personal information obtained from the Sites by any user must be consistent with these purposes, with the Privacy Policy posted on the Sites, and with any other privacy promises made by Match & Cover on the Sites. Users warrant and represent that personal information supplied to or obtained from the Sites was collected, disclosed to Match & Cover and otherwise processed only in strict compliance with applicable law, including privacy and data protection requirements and restrictions. Users warrant and represent that any personal information they access, manage or maintain on behalf of Match & Cover is subject to reasonable and appropriate security measures that comply with all applicable laws and include, at minimum, administrative, physical and technical safeguards that protect against the loss, misuse, or unauthorized access, acquisition, alteration or destruction of information.

Account and Password

The Sites may present you with opportunities to open a(n) account(s) with the Sites. We may reject, or require that you change, any username, password, or other information that you provide to us in registering or opening a(n) account(s). It is your sole responsibility to (a) maintain the confidentiality of your account logon and password; (b) frequently update and revise your password; and (c) promptly notify Match & Cover if there is any unauthorized use of your account or any breach of security. You are solely responsible for the security of and any use or misuse of your username and password.

Links

The Sites may contain links to other websites maintained by third parties and not owned or operated by Match & Cover (“Other Sites”). Links to the Other Sites are provided merely for your convenience. Match & Cover has not necessarily reviewed all of the information on the Other Sites and is not responsible for the content of the Other Sites or any information, material, products or services that may be offered through any of these Other Sites. Match & Cover is not responsible for any losses, damages, or other liabilities incurred as the result of the use of any of the Other Sites. You are solely responsible for your access of the Other Sites.

Our Proprietary Rights

With the exception of content owned by, or licensed from, third parties, the Sites and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content (the, “Match & Cover Content”), and all intellectual property rights related thereto, are the exclusive property of Match & Cover. Except as explicitly provided herein, nothing in the Terms of Service 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 Sites. Use of the Match & Cover Content or materials on the Sites for any purpose not expressly permitted by the Terms of Service is strictly prohibited.

If you participate in any evaluation regarding the Sites or otherwise provide Match & Cover suggestions, comments, ideas, opinions, recommendations for the modification, correction, improvement, or enhancement of the Sites, or other feedback regarding the Sites (collectively, “Feedback”), you agree that Match & Cover shall own such Feedback. Accordingly, you understand and accept that Match & Cover will be free to use, disclose, reproduce, license or otherwise distribute, commercialize and exploit the Feedback as it sees fit, entirely without obligation or restriction of any kind and without compensation to you. You agree not to provide any Feedback that is false or misleading or that breaches any agreement you have with a third party.

Notice of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Sites infringe your copyright, you (or your agent) may send a written notice by mail or e-mail, requesting that Match & Cover remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the

DMCA permits you to send to Match & Cover a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to:

Match & Cover LLC
6469 Almaden Expressway
Suite 80 #594
San Jose, CA 95120
Attn: DMCA Agent

Email: info@matchandcover.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Disclaimers

You understand and agree that Match & Cover (a) does not warrant that you will receive any employment or job offers through the Sites; (b) shall not be responsible for any employment offers, employment screenings, employment decisions, and actual employment presented by third parties; (c) does not guarantee the accuracy, completeness, validity, or timeliness of information listed by any third parties; (d) shall not be responsible for any materials posted by third parties, including, but not limited to, job openings and employment listings; and (e) is neither your employer nor your agent in any regard. You shall use your own judgment and caution in evaluating any prospective employers and any information provided by any third party.

USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. MATCH & COVER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITES ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE, USAGE OR TRADE, OR COURSE OF DEALING; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE, TIMELY, OR AUTHENTIC. IF ANY CONTENT IS DOWNLOADED FROM OR UPLOADED TO THE SITE, IT IS DONE AT USER’S SOLE RISK AND DISCRETION. EACH USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MATCH & COVER OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY OF ANY KIND. MATCH & COVER DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, AUTHENTICITY, OR OTHERWISE.

Limitation of Liability

YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITES OR ANY SUBMITTED MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGE, DEALING WITH OTHER USERS OF THE SITES, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE MATCH & COVER, ITS DIVISIONS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITES, YOUR SUBMITTED MATERIALS, OR ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITES. YOU FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT SHALL MATCH & COVER, ITS DIVISIONS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY, BREACH OR FAILURE OF WARRANTY, OR ANY OTHER BASIS, EVEN IF MATCH & COVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, MATCH & COVER’S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $15.

Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Match & Cover and its divisions, parents, subsidiaries, affiliates, and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses, damages, claims, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from: (i) your use of the Sites, including any data or content transmitted or received by you; (ii) your violation of any of the terms in these Terms of Service or any other agreement you have with Match & Cover, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any applicable law, rule or regulation, including without limitation any applicable data protection laws; (iv) any claims or damages that arise as a result of your Submitted Information; (v) any other party’s access or use of the Sites with your account or log-in information; and/or (vi) your intentional or willful misconduct or negligence. If technical disruption of the Sites or the systems supporting the Sites occurs due to your action or inaction, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Match & Cover reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification and, in such case, you agree to cooperate with Match & Cover in defense of such matter.

General

The Terms of Service is governed by the laws of the State of California, United States of America, without giving effect to any principles of conflict of laws. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by either JAMS or the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be before a single arbitrator. The place of arbitration will be San Jose, California, United States of America. Notwithstanding the foregoing, you or Match & Cover may seek injunctive relief from an appropriate court located in San Jose, California prior to or during the arbitration. The Sites are controlled or operated (or both) from the United States, and are not intended to subject Match & Cover to any non-U.S. jurisdiction or law. Match & Cover makes no representations that the Sites are appropriate or available for use in locations outside of the United States or the European Union. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with all United States laws as well as local laws, if and to the extent local laws are applicable. These Terms of Service along with any posted policies or operating rules constitute the entire understanding of Match & Cover and you and supersedes any prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to the Site. If any provision of these Terms of Service is unlawful, void or unenforceable, the remaining provisions shall remain in full force.

How to Contact Us

Questions or comments about these Terms of Service or the Sites may be directed to:

Match & Cover LLC
6469 Almaden Expressway
Suite 80 #594
San Jose, CA 95120
Attn: Privacy Department

Thank you for visiting our site.

Last Updated: April 18, 2021