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Pacific Gateway Workforce Partnership Terms and Conditions

Last modified: August 24, 2022

 

These terms and conditions require individual arbitration to resolve any disputes. Full details regarding individual arbitration and your right to opt out of arbitration are provided below. 

 

  1. Terms and Conditions

 

Please read the following terms and conditions carefully before using this site. These Terms and Conditions are entered into by and between you and Pacific Gateway Workforce Partnership (“PGWP”) and, together with any documents they expressly incorporate by reference, govern your access and use of PGWP Site and any community sites which are owned by PGWP and post a link to these Terms and Conditions (collectively, the “Site”).  By using the Site, you accept and agree to be bound and abide by these Terms and Conditions.  If you do not agree to these Terms and Conditions or the associated Privacy Policy (www.worklb.org/privacy) , please do not use this Site.

 

This Site provides a work registry for individuals seeking to work at times of their choosing (i.e. “gig work”) to connect with employers, staffing agencies or recruiters. PGWP provides this Site for work seekers, employers, staffing agencies, recruiters and any other parties acting on behalf of users who accept the Terms and Conditions of this Site.  The term “User”, “user”, “you” or “You” shall refer to work seekers, employers, staffing agencies, recruiters or any other party who uses, views, accesses or browses this Site, or creates, uploads, posts, sends, receives or stores any content from this Site.  

 

You represent and warrant that you are of sufficient legal age to use this Site and that you will be bound to any legal obligations you may incur as a result of using this Site. Please note that PGWP reserves the right to change these Terms and Conditions and its many offerings are extended to you. Your continued use of this Site following such modifications will be conclusively deemed as acceptance of any changes to these Terms and Conditions. Please check the Terms and Conditions each time you use our Site so you are aware of any changes, as they are binding on you. 

 

2. Disclaimer

 

PGWP does not warranty or guarantee that positions or work hours posted on this Site are still available or updated at the time of a worker’s application, that positions will be filled by users of this Site or that positions will be filled by qualified work seekers.  PGWP does not guarantee and makes no warranty of any kind that use of the Site or such services will lead to the offering or procurement of work or hours, or that positions will be filled by qualified applicants. 

 

Based on information voluntarily provided by Users, PGWP, at its sole discretion, may assign “badges” or other indications of a User’s qualifications and experience, including but not limited to, a User’s certifications, credentials, work preferences, training, licensing or work schedule. Notwithstanding the forgoing, PGWP does not, and cannot confirm or warrant the accuracy of this information, and employers, staffing agencies, recruiters or other users relying on this information should conduct the appropriate due diligence, investigation or confirmation to verify this information and any assigned badges. Such assignment of badges or other indications of a User’s qualifications by PGWP does not create an employment relationship, joint-employment relationship or co-employment relationship of any kind between PGWP and any User and is simply used to assist in evaluating work seekers or to better connect work seekers with appropriate work openings.

 

PGWP has no obligation to screen or verify the accuracy, legality, legitimacy, truthfulness, or completeness of any work applications, work openings or related information, and accordingly, you accept that PGWP is not responsible and has no liability for said work applications, work openings or related information. You understand that you may be exposed to information that is inaccurate, incomplete, illegal, misleading, false, offensive, constitutes spam, or is otherwise unsuited to your purpose, and you accept that it is your responsibility to verify the quality, accuracy, truthfulness, legality or reliability of said information, including, without limitation, resumes/CVs, work descriptions, applicants, work seekers, employers, work applications and communications from prospective employers or work seekers. Your reliance on any of this information is at your own risk. You understand and agree that PGWP does not, and cannot, confirm that each user of this Site is who he/she/they claim to be and it is your responsibility to conduct the appropriate due diligence, review or investigation before communicating or interacting with other Users of this Site. You assume all risks associated with users of the Site with whom you come into contact. If you have any disputes or issues with any user of the Site you agree to pursue any disputes or remedies directly with the applicable user and you release PGWP, all related entities, and their respective employees, directors, agents and other related individuals or entities from all causes of action, claims, demands and damages of every kind, known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.

While PGWP has no obligation to screen work positions, work applications or any other information, to the extent that it is made aware of such information that may (i) violate these Terms and Conditions, (ii) violate any law or regulation, (iii) violate the rights of third parties, or (iv) otherwise negatively impact PGWP, PGWP reserves the right to remove said information.

You understand that PGWP cannot and do not guarantee or warrant that files available for use or downloading from the internet or the Site 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 our Site for any reconstruction of any lost data. 

 

To the fullest extent provided by law, PGWP 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 site or any services or items obtained through the site or to your downloading of any material posted on it, or on any website linked to it.

 

Your use of the site, its content, and any services or items obtained or any software accessed through the site is at your own risk. The site, its content, and any services or items obtained or any software accessed through the site are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither PGWP nor any person associated with PGWP makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the site. Without limiting the foregoing, neither PGWP nor anyone associated with PGWP represents or warrants that the site, its content, or any services or items obtained or any software accessed through the site will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site, the software or the server that makes the site available are free of viruses or other harmful components, or that the site or any services or items obtained or software accessed through the site will otherwise meet your needs or expectations. 

 

To the fullest extent provided by law, PGWP 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.

 

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

 

3. Intellectual Property Rights

 

All material contained on this Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national and international laws and regulations. Except as provided herein or any other applicable agreement between you and PGWP, PGWP does not grant any express or implied rights to you. The PGWP trademark, and all other names, logos, and icons identifying PGWP’s products and services are the proprietary marks of PGWP. Other product and company names mentioned herein are the trademarks of their respective owners.

 

When accessing and utilizing the various services offered through the Site, you may have access to and use certain software products (the “Software”).  Subject to these Terms and Conditions, PGWP grants you a limited, non-exclusive, non-sublicensable, non-transferable, right and license to use the Software during the term of these Terms and Conditions and solely for the purpose of providing selected products or services to you. 

You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. 

 

4.   Monitoring and Enforcement

 

PGWP has the right to:

 

a)     Remove or refuse to post User information for any or no reason in our sole discretion.

b)    Take any action with respect to any User information that PGWP deems necessary or appropriate in our sole discretion, including if PGWP believes that such User information violates these Terms and Conditions, 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 Site or the public, or otherwise negatively impacts PGWP.

c)     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.

d)    Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. 

e)     Terminate or suspend your access to or use of all or part of the Site for any violation, potential violation or believed violation of these Terms and Conditions, with or without notice.  

 

Without limiting the foregoing, PGWP has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. You waive and hold harmless PGWP and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.

 

PGWP does not and cannot review all communications and materials posted to or created by users accessing the Site and cannot ensure prompt removal of objectionable material after it has been posted.  PGWP is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, PGWP is acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any such content or activities on the Site. 

 

5. Content Standards

 

Users must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Users may not provide any information or material that:

 

a)     Is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

b)    Promotes sexually explicit or pornographic material, violence, or discrimination based on a) racial or ethnic origin, (b) political beliefs, (c) religious beliefs, (d) membership of a trade union, (e) physical or mental health, (f) sexual orientation, (g) age or (h) other characteristics protected by applicable law.

c)     Contains content or links to content that exploit people in a sexual, violent or other manner; or solicits personal information from anyone under the age of 13 (unless otherwise allowed by law or these Terms and Conditions).

d)    Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

e)     Violates 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 and Conditions and our Privacy Policy.

f)     Promotes any illegal activity, or advocates, promotes, or assists any unlawful act.

g)    Causes annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

h)    Impersonates any person, or misrepresents your identity or affiliation with any person or organization. 

i)      Requires work seekers to pay to apply, pay for training or training materials.

j)      Involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

k)    Gives the impression that they emanate from or are endorsed by PGWP or any other person or entity, if this is not the case.

l)      Contains content that violates applicable laws.

m)   Does not otherwise comply with these Terms and Conditions.

 

6. Limitation of Liability

 

To the fullest extent provided by law, in no event will PGWP, its affiliates, or our 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 site, any sites linked to it, any content on the site or such other sites, or the performance of any software, products or services, including any indirect, punitive, incidental, special or consequential damages, even if PGWP has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.  Even if PGWP has been advised of the possibility of damages. Where particular states or jurisdictions’ laws do not allow the exclusion or limitation of liability for consequential or incidental damages, the total liability for PGWP for any reason whatsoever related to use of this site shall not exceed the amount of $100 us dollars.

 

You agree that any disputes or issues between any users of the site does not involve PGWP.  PGWP is not responsible for damages of any kind, under any legal theory, that might arise before, during or after any interaction between users of this site.  

 

7. Disputes

 

These terms require you to arbitrate disputes, waive your right to a jury trial and limit the manner in which you can seek relief for any alleged breach of these terms to the fullest extent permitted by law. Any dispute or claim relating in any way to these Terms and Conditions, this Site, or any products or services sold, accessed or distributed by or through this Site, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims so qualify. The Federal Arbitration Act and federal arbitration law will apply to any arbitration conducted in connection with these Terms and Conditions, and any such arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association in Los Angeles, California. To the fullest extent permitted by law, you and PGWP each agree that any arbitration or other dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and PGWP agree, to the fullest extent permitted by law, to waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-conveniens, and you agree to give up any right to a jury trial in any such arbitration or other dispute resolution proceeding. You and PGWP also both agree that you or PGWP may bring suit in court to enjoin infringement or other misuse of intellectual property rights. To the furthest extent allowed under law, the party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.  Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and us, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Los Angeles California.

 

a. Opt out of Arbitration 

You may opt out of the agreement to arbitrate disputes above by notifying PGWP in writing within 30 days of your agreement to these Terms and Conditions or registering to use the Site, whichever occurs first.  If you fail to opt out in the time required, you will be bound to arbitrate disputes in accordance with the terms of these Terms and Conditions. To opt out, you must send a written notification to PGWP at info@worklb.org or 4811 Airport Plaza Drive, Long Beach, CA 90815, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you wish to opt out of arbitration.

8. Term; Termination

 

These terms and conditions are applicable to you upon your accessing the Site and/or using the services offered therein. These terms and conditions, or any part of them, may be terminated or modified by PGWP without notice at any time, for any reason. You agree that PGWP shall not be liable to you by reason of any modification, termination, suspension, discontinuance, or other change to the terms and conditions or any other aspects of this Site. The provisions relating to Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Disputes and Miscellaneous, shall survive any termination.

 

9.  Accessing the Site and Account Security

 

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

 

You are responsible for both:

 

a)     Making all arrangements necessary for you to have access to the Site.

b)    Ensuring that all persons who access the Site through your internet connection or in connection with your performance under the License are aware of these Terms and Conditions and comply with them.

 

To access the Site 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 Site that all the information you provide on the Site is correct, current, and complete and that all required permission and authorizations have been obtained from third parties for any information that you provide to PGWP for processing. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions PGWP takes with respect to your information consistent with our Privacy Policy.  By using this Site, you consent to PGWP’s collection and use of personal data as outlined therein.

 

If you choose, or are provided with, a user name, password, or any other piece of information as part of our 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 Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any loss or theft, or 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.  

 

PGWP has the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms and Conditions.

 

10. Indemnification

 

You agree to indemnify, defend, and hold harmless PGWP, its subsidiaries, affiliates, shareholders, other partners, officers, directors, employees, representatives, agents, licensors and suppliers (collectively the “Service Providers”) from and against all claims, demands, causes of action, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your (i) violation of these Terms and Conditions, (ii) acts or omissions on or off the Site, (iii) violations of any rights of another, (iv) infringement of intellectual property; (v) disputes with other Users of this Site; (vi) incomplete, false, misleading, inaccurate information provided to other Users or posted on this Site; (vii) use of links to third party website; (viii) personal information or other user information provided to this Site or other Users; or (ix) violations of  or any activity related to your account or use of any products or services other than as expressly authorized (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

 

 

11. Third-Party Links

 

If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only and do not imply an endorsement of any third party or any website or the products or services provided by any third party.  However, even if the third party is affiliated with us, PGWP has no control over these linked sites, all of which have separate privacy and data collection practices, independent of us. These linked sites are only for your convenience and therefore you access them at your own risk. 

 

12. Miscellaneous

 

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. PGWP’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. PGWP may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.

 

PGWP makes no representation that materials on this Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. If you choose to access this Site from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.

 

 

13. Waiver and Severability

 

No waiver by PGWP of any term or condition set out in these Terms and Conditions 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 PGWP to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

 

If any provision of these Terms and Conditions 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 and Conditions will continue in full force and effect. 

 

14. Notification of Claimed Copyright Infringement.

 

If you believe in good faith that any materials posted on the Sites or accessed via the services (the “Materials”) infringe any copyright in any work of yours, you agree to contact our “DMCA Copyright Agent” as identified below, hereby designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:

 

a)     A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;

b)    Identification of the copyrighted work claimed to have been infringed, including information reasonably sufficient to allow for the determination of the location of the Materials that is claimed to be infringing;

c)     Information reasonably sufficient to permit us to contact you;

d)    A statement that you have a good faith belief that use of the Materials in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,

e)     A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

You agree that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:

 

DMCA Copyright Agent

Pacific Gateway Workforce Partnership

C/o Patzik, Frank & Samotny Ltd.

200 S. Wacker Drive, Suite 2700

Chicago, IL 60606

 

15. Complaint Policy for Infringement of Other Rights

 

If you believe in good faith that any Materials (as defined above) posted on the Site or accessed via the services infringe any of your rights (including any trademark or privacy rights, but not including rights in copyright as addressed in the Notification of Claimed Copyright Infringement, above), or are otherwise unlawful, you agree to send a notice to info@worklb.org containing information, including but not limited to your name, physical address, e-mail address, phone number and a description of the Materials that you believe violate your rights or are otherwise unlawful, and which parts of said Materials you believe should be remedied or removed.

 

If PGWP receives a message from you PGWP will evaluate the submission, and if appropriate, in our sole discretion, PGWP will take action. PGWP may disclose your submission to any entity that posted the claimed violative Materials, or any other entity as PGWP deems appropriate.

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