The Member Agreement below is effective for all members
Last Updated on February 2, 2021
Fastpoke User Terms and Conditions
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.fastpoke.com web site (the "Service") operated by Fastpoke, a limited liability company formed under the laws of the state of New York ("Fastpoke", "us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Use of This Web Site
The information on the web site is for information purposes only. It is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy.
Some parts of the Service may be billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you or Fastpoke cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the Fastpoke customer support team. A valid payment method, including credit card, name, and billing address, is required to process the payment for your Subscription. You shall provide Fastpoke with accurate and complete billing information including full name, address, state, zip code, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard. By using this Service, you agree that use does not guarantee employment, an offer of employment, an interview, or that any recruiter will review your account information, and does not create an employment agreement nor an agent agreement with Fastpoke nor any other user of the Service
Fastpoke, in its sole discretion and at any time, may modify any Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Fastpoke will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Additional Terms Applicable to Employers
Employers are solely responsible for their Vacancies on the Service. By using the Service, you agree that Fastpoke is not an employer with respect to your use thereof.
Job Opening An Opening may not contain:
(a) the names, logos or trademarks of unaffiliated companies other than those of your company; (b) more than one job or job description, more than one location, or more than one job category, unless the product so allows; (c) inaccurate, false, or misleading information; and (d) material or links to material that exploits people in a sexual, violent, or other manner, or solicits personal information from anyone under 18. Employers may not send a single vacancy to more than 3 recruiters in a 7-day period. Fastpoke reserves the right to deactivate and suspend users that violate this above terms. Fastpoke reserves the right to deactivate and suspend users that harass, verbally abuse, or verbally attack recruiters.
Referrals A Referral must not:
(a) contain false, inaccurate, or misleading information; (b) be fraudulent; (c) contain inappropriate or foul language.
Additional Terms Applicable to Talent
Talent (or candidates) are solely responsible for their resumes of the Service. By using the Service, you agree that Fastpoke is not an employer with respect to your used therof.
Resumes A Resume may not contain:
(a) the name, contact information, or any other personal information of another person besides the user. inaccurate, false, or misleading information; and (b)material or links to material that exploits people in a sexual, violent, or other manner, or solicits personal information from anyone under 18. Fastpoke reserves the right to deactivate and suspend users that violate the above terms. Fastpoke reserves the right to deactivate and suspend users that harass, verbally abuse, or verbally attack recruiters.
Recruiter Provisions You may not:
(a) write your own referrals through another account. Referrals must be written by the client or candidate directly on Fastpoke. (b) use Fastpoke if you are a member of an agency/firm with more than 80 recruiters or if you are a member of a franchise.(c) post advertisements for competitors of Fastpoke or other content that contains links to any site competitive with Fastpoke; (d) sell, promote or advertise other services but recruiting. (e) post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement; (f) create fake accounts for any reason. Fastpoke reserves the right to remove any content or accounts which do not comply with the above Terms. Fastpoke provides a platform through which users may provide referrals of recruiters. No recruiters, nor anyone on behalf of any recruiter, shall bribe or coerce anyone into or from posting any referrals. Fastpoke reserves the right to remove any referrals or content suspected of violating the above term.
Users may cancel their subscriptions at any time. We may terminate or suspend your account immediately, without prior notice or liability, if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Fees paid for cancelled subscriptions will be reimbursed if the subscription is cancelled within ten (10) days of payment. Otherwise, all fees paid are nonrefundable, however certain refund requests for Subscriptions may be considered by Fastpoke in the event of unavailability of services or technical issues and granted in our sole discretion.
You agree not to post to Fastpoke’s social media or otherwise transmit information, data, text, software music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that: • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; • harasses or advocates harassment of another person; • exploits people in a sexual or violent manner; • contains nudity, violence, pornography, sexually explicit material or offensive subject matter; • provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own; • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; • violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices; • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; • solicits passwords or personal identifying information from other Members; involves commercial activities and/or sales without Fastpoke’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes; •includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; • denigrates, ridicules, or demeans another person; or • contains a virus or other harmful component. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the web site in a manner that sends more request messages to the Fastpoke servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Fastpoke and its licensors. The Service is protected by copyright, trademark, and other laws of the United States, United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Fastpoke.
Our Service uses and may contain links to third-party web sites or services that are not owned or controlled by Fastpoke. Fastpoke has no control over, and assumes no responsibility for, the availability, content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Any information provided to Fastpoke by the User is truthful to the best of the User’s knowledge and in the event any such information changes, the User shall notify the Fastpoke of any such change within a reasonable amount of time. You agree to defend, indemnify and hold harmless Fastpoke and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation of Liability
No license to the user is implied in these disclaimers. In no event shall Fastpoke, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service are provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Fastpoke, its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service are free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. The web site provides a platform for companies seeking employees and individuals seeking employment and is used for informational, promotional, and introductory purposes only. Fastpoke makes no guarantees nor any claims concerning any individual or business and has not conducted any background, financial, credit, criminal nor any other types of research on any user. This information is not intended to create, and receipt of it does not constitute an adviser relationship. The web site does not provide recommendations nor any employment advice. Additionally, Fastpoke is not responsible and bears no liability for failure of performance of any party or user on this site. We are not responsible for any virus or malware, and related harm, injury and damage, of any nature that your computer or other devices become in contact with while you are using our web site or services. Please maintain up to date anti-virus anti-malware software at all time while you are using our web site, and related tools, services and functions. We are not responsible for any loss, injury or damage of any nature that takes place due to your following of any Photoshop related or other educational or informative instructions you are exposed to via our web site or service.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Fastpoke ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Fastpoke or any person for whom Fastpoke is responsible, and even if Fastpoke has been advised of the possibility of such loss or damage being incurred. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Digital Millenium Copyright Act Infringement Notices and Counter-Notices
A. Infringement Notices If you believe there is content on the Fastpoke website or mobile application that violates copyright law, let us know. Specifically, send us an email or letter that includes substantially the following: • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The notice should be sent to firstname.lastname@example.org. The Company reserves the right to review the allegedly infringing material and independently determine whether it is infringing. We may display a copy of your DMCA notice in place of the removed content. B. Counter-Notices If you believe material you posted to the Company’s site was not infringing, you can submit a counter-notice. A counter-notification must include the following: • Identification of the specific URLs of material that the Company has removed or to which it has disabled access. • Your full name, address, telephone number, and email address. • The statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which the Company is located, and will accept service of process from the claimant." • The statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled." A scanned physical signature or a valid electronic signature is acceptable. The notice should be sent to email@example.com. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. If you are concerned about protecting your anonymity, please consult with an attorney about other options. Please also be advised that in appropriate circumstances we terminate repeat infringers.
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions. Any and all law suits brought against the Company shall be filed in the federal or state court of competent jurisdiction in Westchester County, New York. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.
If you have any questions about the rights and restrictions above, please contact us at firstname.lastname@example.org
BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE SITE TERMS.