This following Agreement represents the Terms and Conditions for using, accessing, or affiliating with the website pinkaljobs.com (“You” or “Your”) or any of its affiliate pages within the domain pinakljobs.com (the “Site”). The Site is wholly owned and operated by Pinakl LLC (“Pinakl”). These Terms & Conditions, and any future amendments that may be made from time to time solely by Pinakl, form a binding agreement (the “Agreement”) between You and Pinakl. You must agree to be bound by this Agreement in order to access, use, or register a profile with the Site. By agreeing to this Agreement, you represent that are (i) at least 18 years of age or older; and (ii) will only use the Site in accordance with this Agreement and applicable law. If You do not accept the terms of the Agreement, or if you violate any term provided herein, You may not use the Site or Services. The Site may not be used for any commercial or unlawful purposes, and is only intended and permitted for personal use. Your access to and use of the Site is at Pinakl’s sole discretion and may be revoked at any time in Pinakl’s sole discretion for any reason whatsoever.
I. Personal Information
Pinakl’s registration form requires You to enter certain information into the Site. You can update or delete such information at any time by either updating your profile or deleting it entirely. Pinakl will never willingly disclose, share, or sell any of Your personal information that You provide in your registration to any outside parties except with Your consent. You can also request that Your personal information be deleted by submitting a request to jobsadmin@pinakljobs.com. However, you cannot maintain an Account with the Site if you do not share personal information required to maintain Your Account, including your name, email address, and billing zip code.
The Site may provide links to third party websites that offer You the ability to apply for a job, which may require that you share your personal information. Pinakl is not in any way responsible for any information, personal or otherwise, that You provide to any third party website, including those linked from the Site.
More detail on how you personal information is handled can be found in the Pinakl Privacy Policy.
II. Your Use of the Site
You shall not do anything with the Site that causes any disruption to its ability to function or the ability the Site’s infrastructure, including domain network, data hosting, and related functions, to function. You may not use or expose the Site to any program, script, or computer code that (i) attempts to overload the Site’s server, networks, cloud services, or other related functions and infrastructure or (ii) automatically copies any Site content (i.e. scrape).
You shall never attempt to collect the personal data and information of visitors and users of the Site, other than Your own personal information. You shall never use any personal information to create an account other than your own personal information. When You provide personal information to the Site, including your email address, name, and billing zip code, You shall not provide any personal information that is inaccurate or false. You are responsible for maintaining the privacy and confidentiality of any credentials related to the Site.
You agree that Pinakl may contact you regarding the Site, including for the purpose of user servicing, promotional offers and marketing of services and/or products, using any information that you provide or information gathered by Pinakl from a third party source.
III. Limitation of Liability
Pinakl does not guarantee and is in no way responsible for any content provided in any job listing found on the Site or found on any third-party websites that the Site may provide links to, including the accuracy or completeness of any such job listings. Pinakl has no obligation to include, or exclude, certain job listings from the Site, and Pinakl may add or remove any job listing in its sole discretion.
Pinakl may provide links to third-party websites. Pinakl is in no way responsible for any content found on such websites, nor does Pinakl have any obligation, or make any representation, that the content contained therein is accurate or without risk. You decision to access any linked third-party websites is done entirely at Your own risk.
Pinakl does not, and has no obligation to, verify, censor, or evaluate any job listing, which includes the persons or entities who may be the owner or creator of any job listing. Pinakl takes no part in any interaction between You and any job listing employer or owner. You assume total and complete responsibility for any interaction whatsoever between Yourself and and job listing employer or owner that is related in any way to job listing provided on the Site.
Pinakl disclaims all liability for any part of any job listing, including, but not limited to, its content, or Your reliance on any part of any job listing.
IV. Indemnification
You shall defend, indemnify, and hold harmless Pinakl, and its agents and employees, from any and all claims made against it that result from (i) Your use of the Site, (ii) Your violation of this Agreement, or (iii) Your interaction with any third-party website that relates to Your use of the Site. In such an event, (i) Pinakl shall provide You with reasonable notice of any such claim, (ii) You shall pay for any and all legal expenses incurred as a result of the claim, including, but not limited to, court costs, attorney fees, and accounting fees, (iii) in the event Pinakl and You mutually agree that You will be responsible for handling a claim, You may not settle or resolve such claim without the express written consent of Pinakl, and (iv) You agree that You bear all responsibility, financial or otherwise, for any damages ordered on Pinakl.
The content contained on the Site, including within the job listings, may not be accurate. Therefore, Pinakl makes no such representations regarding the accuracy or completeness of any job listing. Your use of the Site is entirely at Your own risk. You agree that Pinakl, and its agents and employees, shall be released from and any and all claims, demands and damages arising from any legal dispute related to Your use of the Site.
V. Disclaimer of Consequential Damages
PINAKL SHALL NEVER BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, EXEMPLARY, INDIRECT, OR ECONOMIC CONSEQUENTIAL DAMAGES, OR LOST PROFITS, LOST EMPLOYMENT OPPORTUNITY, BUSINESS, VALUE, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS DAMAGES WHATSOEVER, RESULTING FROM THE USE OR INABILITY TO USE ANY PINAKL SITE AND PINAKL CONTENT UNDER ANY LEGAL DOCTRINE, THOERY OR CAUSE OF ACTION.
VI. Disclaimer of Warranties
PINAKL HEREBY DISCLAIMS AND CUSTOMER WAIVES ANY AND ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES (WHETHER EXPRESS, IMPLIED, OR STATUTORY) RELATED IN ANY WAY TO THE SITE OR PINAKL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION (i) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, RELIABILITY, SATISFACTORY QUALITY, PERFORMANCE, OR ACCURACY OR (ii) ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE (INCLUDING SITE SECURITY, CONTENT, OR INFORMATION PROVIDE ON OR THROUGH THE SITE). TO THE EXTENT AN IMPLIED WARRANTY OR CONDITION CANNOT BE DISCLAIMED, SUCH WARRANTY OR CONDITION IS LIMITED IN DURATION TO THE APPLICABLE EXPRESS WARRANTY PERIOD.
VII. Class Action Waiver
You independently agree, and accept that, as part of the consideration for using the Site, that any proceedings to resolve or litigate any dispute with Pinakl, its employees, agents, or affiliates in any forum will be conducted solely on an individual basis and that You shall not and can not file any legal action or raise any dispute with Pinakl, its employees, agents, or affiliates in any forum as a class action plaintiff or representative. Neither You nor Pinakl will have any authority, right, or ability to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under this Agreement or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
