Terms of Use

Last Modified: June of 2019

  1. Acceptance of the Terms of Use

These terms of use are entered into by and between you (either as an individual or on behalf of the legal entity you represent) and Matchstik, Inc. (“Matchstik”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of https://mymatchstik.com/, including any content, functionality and services offered on or through https://mymatchstik.com, and any other website operated by Matchstik including but not limited to https://getmymatchstik.com, whether as a guest or a registered user, and any Matchstik mobile or desktop apps (collectively, the “Matchstik Platform”).  The Terms of Use apply to all Employers, Job Seekers and other users of the Matchstik Platform.

Please read the Terms of Use carefully before you start to use the Matchstik Platform. By using the Matchstik Platform, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and the Matchstik Privacy Policy found at https://mymatchstik.com/privacypolicy/ and incorporated herein by reference.  If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Matchstik Platform.

This Matchstik Platform is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Matchstik Platform, you represent and warrant that you are of legal age to form a binding contract with Matchstik and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Matchstik Platform.

  1. Changes to the Terms of Use

Matchstik may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when Matchstik posts them and apply to all access to and use of the Matchstik Platform thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Matchstik Platform.

Your continued use of the Matchstik Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

  1. Accessing the Matchstik Platform and Account Security

Matchstik reserves the right to withdraw or amend the Matchstik Platform, and any service or material provided on the Matchstik Platform, in Matchstik’s sole discretion without notice. Matchstik will not be liable if for any reason all or any part of the Matchstik Platform is unavailable at any time or for any period. From time to time, Matchstik may restrict access to some parts of the Matchstik Platform, or the entire Matchstik Platform, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Matchstik Platform.
  • Ensuring that all persons who access the Matchstik Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the Matchstik Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Matchstik Platform that all the information you provide on the Matchstik Platform is correct, current and complete. You agree that all information you provide to register with this Matchstik Platform, post on the Matchstik Platform, or otherwise, including but not limited to through the use of any interactive features on the Matchstik Platform, is governed by the Matchstik Privacy Policy, and you consent to all actions Matchstik takes with respect to your information consistent with the Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of Matchstik security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Matchstik Platform or portions of it using your user name, password or other security information. You will be responsible for all activities that occur under that password.  You agree to notify Matchstik immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a user name that Matchstik in its sole discretion deems offensive.

When accessing and using the Matchstik Platform as a jobseeker, you further agree that you will:

  • Use the same name that you use in everyday life.
  • Provide accurate information about yourself.
  • Honestly answer any job application questions.
  • Create only one Matchstik profile for yourself account (your own)
  • Not help others complete their profile or answer any job application questions (such as skills test, etc.).

Matchstik has the right to disable any user name, password or other identifier, whether chosen by you or provided by Matchstik, at any time in its sole discretion for any or no reason, including if, in Matchstik’s opinion, you have violated any provision of these Terms of Use.

  1. Matchstik Not a Party to Any Interactions with Employers, Job Seekers or Third Parties.

The Matchstik Platform acts as a venue to allow employers (each, a “Employer”) to source job candidates (“Job Seekers”) for open positions including through job postings (“Job Postings”). Matchstik does not control or direct what people and others do or say — including Employers,  service partners, Job Seekers or people or organizations whom you connect with as a result of Matchstik, and Matchstik is not responsible for their actions or conduct (whether online or offline), Employers’ hiring practices, or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).

Matchstik has no control over any conditions Employer’s or other third parties might impose on a Job Seeker.  Matchstik does not have any obligation to screen any Job Postings or other information from Employers, or to include or provide any Job Postings to Job Seekers in its search results or other listings. Matchstick cannot confirm the accuracy or completeness of any Job Posting or other information submitted by any Employer, Job Seeker or other user, including the identity of such Employer, Job Seeker or other user. Matchstik assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Postings.

  1. Job Seeker Information

If you are a Job Seeker, you understand and agree that any information that you submit through the Matchstik Platform, including personal data included in a resume, application, questionnaires, assessments, testing, etc., and all analysis, compilations and reports relating to that information by Matchstik, is subject to the Terms of Use and to Matchstik’s Privacy Policy.

  1. Intellectual Property Rights

The Matchstik Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Matchstik, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

For clarification purposes, all analysis of any information or data provided by you to Matchstik is exclusively Matchstik’s intellectual property.  For example, if you answer a 50-question assessment or play a game on Matchstik, Matchstik may evaluate your answers and use algorithms to assign various traits (cognitive, behavioral, etc.) based on the compilation of your answers.  That additional data that Matchstik extrapolates from your answers and any derivative report or content that Matchstik produces based on that data is exclusively Matchstik’s intellectual property.

These Terms of Use permit you to use the Matchstik Platform for your personal, non-commercial use only, or for legitimate business purposes relating to your role as an Employer or other customer or vendor of Matchstik subject to any separate agreement with Matchstik. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Matchstik Platform, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Matchstik Platform for your own personal, non-commercial use, or for legitimate business purposes relating to your role as an Employer, or a supplier or customer of Matchstik, and not for further reproduction, publication or distribution.
  • If Matchstik provides desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by Matchstik’s end user license or services agreement for such applications.

You must not:

  • Modify copies of any materials from the Matchstik Platform.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Matchstik Platform.

Except as otherwise agreed to between you and Matchstik, you must not reproduce, duplicate, copy, sell, trade, resell, exploit, access or use for any commercial purposes any part of the Matchstik Platform or any services or materials available through the Matchstik Platform.

If you wish to make any use of material on the Matchstik Platform other than that set out in this section, please address your request to: hello@mymatchstik.com

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Matchstik Platform in breach of the Terms of Use, your right to use the Matchstik Platform will cease immediately and you must, at Matchstik’s option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Matchstik Platform or any content on the Matchstik Platform is transferred to you, and all rights not expressly granted are reserved by Matchstik. Any use of the Matchstik Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.  MATCHSTIK INTENDS TO FULLY PROSECUTE ALL VIOLATIONS OF APPLICABLE LAW AND PURSUE ALL AVAILABLE REMEDIES.

  1. Trademarks

The Matchstik trademark and logos, and all related names, logos, product and service names, designs and slogans, are trademarks of Matchstik or its affiliates or licensors. You must not use such marks without the prior written permission of Matchstik. All other names, logos, product and service names, designs and slogans on this Matchstik Platform are the trademarks of their respective owners.

  1. Prohibited Uses

You may use the Matchstik Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Matchstik Platform:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Matchstik, a Matchstik employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Matchstik Platform, or which, as determined by Matchstik, may harm Matchstik or users of the Matchstik Platform or expose them to liability.

Additionally, you agree not to:

  • Use the Matchstik Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Matchstik Platform, including their ability to engage in real time activities through the Matchstik Platform.
  • Use any robot, spider or other automatic device, process or means to access the Matchstik Platform for any purpose, including monitoring or copying any of the material on the Matchstik Platform.
  • Use any manual process to monitor or copy any of the material on the Matchstik Platform or for any other unauthorized purpose without Matchstik’s prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Matchstik Platform.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Matchstik Platform, the server on which the Matchstik Platform is stored, or any server, computer or database connected to the Matchstik Platform.
  • Attack the Matchstik Platform via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Matchstik Platform.
  1. User Contributions

The Matchstik Platform allows job seekers to submit information, including through assessments you complete, tests you take, responses to job requirements, necessary skills, and minimum qualification questions, your job questionnaire that details your preferences around salary, location, etc., the choices and settings you select, and what you share with us to personalize your experience (collectively, “User Contributions”) on or through the Matchstik Platform.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Matchstik Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Matchstik Platform, you grant Matchstik and its affiliates and service providers, and each of their and Matchstik’s respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Matchstik and Matchstik’s affiliates and service providers, and each of their and Matchstik’s respective licensees, successors and assigns.
  • All of your User Contributions are truthful, accurate, appropriate and comply with applicable law.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Matchstik, has full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

Matchstik is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Matchstik Platform.

  1. Behavior

As a user of the Matchstik Platform, you agree that you will not act in any way unprofessional, inconsiderate, or inappropriate to a Matchstik team member, Employer partner, job seeker, or other community member.

If a Matchstik team member or service partner or Employer partner interviews you for a job and reports any of the below behavior, Matchstik retains full right to permanently disable your account, and remove you from job opportunities, and you agree to hold both Matchstik, Matchstick service partners, and the Employer harmless in this situation and you agree to not create another profile on Matchstik.  Matchstik is not responsible for verifying the accuracy of any accusations or complaints by an Employer.  Behavior that can result in the permanent disabling of your account include any sort of behavior that is inappropriate for job interviews, including but not limited to:

  • In any way threatening or endangering a potential employer or their staff
  • Use of vulgar language
  • Arriving late to job interviews
  • Being present in a job interview under the influence of any controlled or illegal substance (drugs or alcohol)
  • Lying or being deceitful in any way
  • Demonstrating unprofessional appearance or behavior (as reasonably and commonly understood) in any way
  • Rude or offensive in any way

On the other side, if you feel that Matchstik, a Matchstik service partner, or Employer is in any way in violation of law in the way that they interview you, Matchstik encourages you to report this conduct to the offending party immediately to resolve your dispute.

  1. Monitoring and Enforcement; Termination

Matchstik has the right to:

  • Remove or refuse to post any User Contributions for any or no reason in its sole discretion. Matchstik may add, change, discontinue, remove, edit or suspend such User Contributions at any time for any reason without notice to you, without your permission, and without liability.
  • Take any action with respect to any User Contribution that Matchstik deems necessary or appropriate in Matchstik’s sole discretion, including if Matchstik believes that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Matchstik Platform or the public or could create liability for Matchstik.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Matchstik Platform.
  • Terminate or suspend your access to all or part of the Matchstik Platform for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, Matchstik has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Matchstik to disclose the identity or other information of anyone posting any materials on or through the Matchstik Platform. YOU WAIVE AND HOLD HARMLESS MATCHSTIK AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, Matchstik cannot and does not undertake to review all material before it is posted on the Matchstik Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Matchstik assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Matchstik has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

  1. Content Standards

These content standards (the “Content Standards”) apply to any and all User Contributions and use of the Matchstik Platform. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and Matchstik’s Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by Matchstik or any other person or entity, if this is not the case.
  1. Copyright Infringement

If you believe that any User Contributions violate your copyright, please see Matchstik’s Copyright Policy set forth below for instructions on sending Matchstik a notice of copyright infringement. It is the policy of Matchstik to terminate the user accounts of repeat infringers.

  1. Reliance on Information Posted

The information presented on or through the Matchstik Platform is made available solely for general information purposes. Matchstik does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Matchstik disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Matchstik Platform, or by anyone who may be informed of any of its contents.

The Matchstik Platform may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Matchstik, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Matchstik. Matchstik is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  1. Changes to the Matchstik Platform

Matchstik may update the content on the Matchstik Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Matchstik Platform may be out of date at any given time, and Matchstik is under no obligation to update such material.

  1. Information About You and Your Visits to the Matchstik Platform

All information Matchstik collects on this Matchstik Platform is subject to Matchstik’s Privacy Policy. By using the Matchstik Platform, you consent to all actions taken by Matchstik with respect to your information in compliance with the Privacy Policy.

  1. Linking to the Matchstik Platform and Social Media Features

You may link to the Matchstik Platform homepage, provided you do so in a way that is fair and legal and does not damage Matchstik’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Matchstik’s part without Matchstik’s express written consent.

The Matchstik Platform may provide certain social media features that enable you to:

  • Link from your own or certain third-party Matchstik Platforms to certain content on the Matchstik Platform.
  • Send e-mails or other communications with certain content, or links to certain content, on the Matchstik Platform.
  • Cause limited portions of content on the Matchstik Platform to be displayed or appear to be displayed on your own or certain third-party Matchstik Platforms.

You may use these features solely as they are provided by Matchstik, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions Matchstik provides with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Matchstik Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Matchstik Platform other than the homepage.
  • Otherwise take any action with respect to the materials on the Matchstik Platform that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with Matchstik in causing any unauthorized framing or linking immediately to cease. Matchstik reserves the right to withdraw linking permission without notice.

Matchstik may disable all or any social media features and any links at any time without notice in Matchstik’s discretion.

  1. Links from the Matchstik Platform

If the Matchstik Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Matchstik has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Matchstik Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such website.

  1. Geographic Restrictions

The owner of the Matchstik Platform, Matchstik, Inc., is based in the United States. Matchstik provides the Matchstik Platform for use only by persons located in the United States. Matchstik makes no claims that the Matchstik Platform or any of its content is accessible or appropriate outside of the United States. Access to the Matchstik Platform may not be legal by certain persons or in certain countries. If you are visiting the Matchstik Platform or using the services from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your registration or personal information) across international boundaries. By visiting this Matchstik Platform, using the services, and/or communicating electronically with us, you consent to such transfers. If you access the Matchstik Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1. Disclaimer of Warranties and Other Disclaimers

You understand that Matchstik cannot and does not guarantee or warrant that files available for downloading from the internet or the Matchstik Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Matchstik’s site for any reconstruction of any lost data.

MATCHSTIK WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE MATCHSTIK PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MATCHSTIK PLATFORM OR FROM MATCHSTIK, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE MATCHSTIK PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MATCHSTIK PLATFORM, IS AT YOUR OWN RISK. THE MATCHSTIK PLATFORM, ITS CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MATCHSTIK PLATFORM OR FROM MATCHSTIK, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MATCHSTIK NOR ANY PERSON ASSOCIATED WITH MATCHSTIK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE MATCHSTIK PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER MATCHSTIK NOR ANYONE ASSOCIATED WITH MATCHSTIK REPRESENTS OR WARRANTS THAT THE MATCHSTIK PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MATCHSTIK PLATFORM OR FROM MATCHSTIK WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT  THE MATCHSTIK PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE MATCHSTIK PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MATCHSTIK PLATFORM OR FROM MATCHSTIK WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

MATCHSTIK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THE MATCHSTIK PLATFORM IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTENT TO MATCHSTIK AND BY POSTING INFORMATION ON THE MATCHSTIK PLATFORM, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND MATCHSTIK OTHER THAN PURSUANT TO THESE TERMS OF USE.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD MATCHSTIK OR ANY THIRD-PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT MATCHSTIK IS NOT RESPONSIBLE FOR ANY INTERACTIONS BETWEEN USERS, INCLUDING BETWEEN EMPLOYERS AND JOB SEEKERS.  MATCHSTIK HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE SAFETY OF INTERACTION, OR THE TRUTH OR ACCURACY OF ANY INFORMATION POSTED OR PROVIDED THROUGH THE MATCHSTIK PLATFORM.  YOU SHOULD AT ALL TIMES TAKE REASONABLE PRECAUTIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation on Liability

IN NO EVENT WILL MATCHSTIK, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE MATCHSTIK PLATFORM, ANY CONTENT ON THE MATCHSTIK PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MATCHSTIK PLATFORM (INCLUDING ALL SERVICES PROVIDED BY MATCHSTIK), INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IF YOU ARE DISSATISFIED WITH THE MATCHSTIK PLATFORM, YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF USE, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST MATCHSTIK, ANY THIRD PARTY PROVIDER OR ANY USER OF THE MATCHSTIK PLATFORM, WITH RESPECT TO THESE TERMS OF USE, OR THE MATCHSTIK PLATFORM, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST MATCHSTIK IS TO DISCONTINUE USING THE MATCHSTIK PLATFORM. IN ALL EVENTS, MATCHSTIK’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE MATCHSTIK PLATFORM IS LIMITED TO $250.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnification

You agree to defend, indemnify and hold harmless Matchstik, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Matchstik Platform, including, but not limited to, your User Contributions, any use of the Matchstik Platform’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Matchstik Platform.

  1. General Release

BECAUSE MATCHSTIK IS NOT INVOLVED IN THE RELATIONSHIP BETWEEN AN EMPLOYER, JOB SEEKERS AND ANY OTHER USER, IF A DISPUTE ARISES BETWEEN ANY USERS, EACH PARTY RELEASES MATCHSTIK (AND ITS RESPECTIVE AGENTS, EMPLOYEES AND AFFILIATES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.  EACH USER FURTHER RELEASES MATCHSTIK FOR AND FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING FROM, RELATED TO, OR IN CONNECTION WITH, (A) USE OF THE MATCHSTIK PLATFORM, (B) ACTIONS, INACTIONS, AND/OR OMISSIONS OF OTHER USERS, (D) THE PROMOTION OR ADVERTISING OF PROPERTY ON THE MATCHSTIK PLATFORM, AND (E) THE USE OF THE MATCHSTIK PLATFORM SEEK EMPLOYMENT OR SOLICIT JOB SEEKERS.

  1. Governing Law and Jurisdiction

All matters relating to the Matchstik Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Matchstik Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the City and County of Denver, although Matchstik retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  1. Arbitration

At Matchstik’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Matchstik Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law.

  1. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE PRIVACY POLICY, OR RELATED IN ANY WAY TO THE MATCHSTIK PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. Waiver and Severability

No waiver by Matchstik of any term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Matchstik to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  1. Employer Services

All listings of jobs, and use of the Matchstik Employer services, are governed by Matchstik’s Employer Terms and Conditions, located at https://mymatchstik.com/employertermswhich are hereby incorporated into these Terms of Use.

  1. Entire Agreement

The Terms of Use, Privacy Policy, and any other documents referenced in the Terms of Use, and any services agreement or license terms between the parties, including any Employer Terms and Conditions, constitute the sole and entire agreement between you and Matchstik with respect to the Matchstik Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Matchstik Platform.

  1. Your Comments and Concerns

This Matchstik Platform is operated by Matchstik, Inc.

All notices of copyright infringement claims should be sent to the copyright agent designated in Matchstik’s Copyright Policy as set forth below in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Matchstik Platform should be directed to: support@matchstik.com.

Copyright Policy

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

Matchstik takes claims of copyright infringement seriously. Matchstik will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Matchstik Platform”) infringe your copyright, you may request removal of those materials (or access to them) from the Matchstik Platform by submitting written notification to Matchstik’s copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Matchstik Platform, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow Matchstik to locate that material.
  • Adequate information by which Matchstik can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Matchstik’s designated copyright agent to receive DMCA Notices is:

NAME:            DMCA Agent

Matchstik, Inc.

ADDRESS:      1160 Berea Drive, Boulder CO 80305

EMAIL:           hello@mymatchstik.com

PHONE:           visit www.mymatchstik.comfor most up to date phone number

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Matchstik Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

COUNTER-NOTIFICATION PROCEDURES

If you believe that material you posted on the Matchstik Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with Matchstik (a “Counter-Notice”) by submitting written notification to Matchstik’s copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which Matchstik can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Matchstik Platform may be found) and that you will accept service from the person (or an agent of that person) who provided the Matchstik Platform with the complaint at issue.

The DMCA allows Matchstik to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Matchstik Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

REPEAT INFRINGERS

It is Matchstik’s policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.