Terms of Use – The Restaurant Zone

INTRODUCTION

Welcome to www.therestaurantzone.com (the “Website“, “software“). The Website is owned and operated by The Restaurant Zone LLC. (“RZ“, “RestaurantZone“, “The Restaurant Zone“, “us” or “we“).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE OR OUR SERVICES. By using the Website, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Use will control.

Terms of use for RestaurantZone’s Software & ResuBox:

  1. You shall not hold Restaurant Zone or its principal shall not be liable in anyway whatsoever for any damages as a result of using or inability to use The Restaurant Resume Database, or any other product/service you are exposed to as a result through your relationship with Restaurant Zone.
  2. You agree to forgo litigation and settle the matter using binding arbitration if a conflict were to arise, including its staff and principal and yourself.
  3. Refunds are allowed within a 7 day period once the free trial has completed. Refunds (if any) are at the absolute discretion of The Restaurant Zone.
  4. We do not guarantee results when hiring, and are not responsible for integrity of the individual/resume hired. All due diligence is left up to the subscriber using our resume database.
  5. Subscription will be automatically billed monthly and by agreeing to our terms of use you adhere to this. Cancelation must be written or verbal and clear. You may contact us and may cancel at any point, so long as it’s written or verbal.
  6. If an Employer has already accessed your resume through the Resume Database and copied or saved your resume, that Employer will continue to have access to your resume and all information you included in your resume as it was included in the Resume Database.
  7. Restrict or inhibit any other user from using and enjoying the Site and services, including, without limitation, by means of “hacking” or defacing any portion of the Site. Hacking, activities to manipulate the software, unauthorized data mining, or any other relevant website manipulations from a third party (user, subscriber, web site visitor) will be liable for all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from this activity.
  8. Use of any search engine, software, tool, electronic storage or retrieval device, agent or other device or mechanism, including without limitation browsers, spiders, robots, avatars or intelligent agents (collectively “Devices”) that is not approved by RestaurantZone to navigate, search or store information from the Site. Approved Devices include those made available by RestaurantZone on the Site, or other generally available third party web browsers, e.g. Google Chrome, Microsoft Internet Explorer, Mozilla Firefox, or generally available search engines, such as Google, Bing, Yahoo, Duckduckgo, etc.
  9. Use of any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
  10. Any party that attempts to render, attack, or modify the software & website will beheld liable for all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees).

Terms of use for other Services (Virtual Recruiting, Resume Delivery, etc.):

  1. We do not guarantee results when providing services and cannot guarantee you will hire candidates sourced by our services. We also do not guarantee that candidates will accept an interview and/or your job offer. We are not responsible for the integrity of the individual/resume hired. All due diligence is left up to the customer using our services.
  2. You agree to forgo litigation and settle the matter using binding arbitration if a conflict were to arise, including its staff and principal and yourself.
  3. Refunds (if any) are at the absolute discretion of The Restaurant Zone and only in the form of credit for The Restaurant Zone services.
  4. The Restaurant Zone’s role:The Restaurant Zone does not act as an employment agent by providing recruiting services. The Restaurant Zone merely provides a service enabling Candidates and Employers to connect with each other. Candidates and Employers are solely responsible for the information provided in any resume or profile, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of The Restaurant Zone services.You understand that The Restaurant Zone does not inquire into the backgrounds of its Candidates or Employers or attempt to verify the statements of its Candidates or Employers, and that you are responsible for (1) conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a Candidate or accepting an offer of employment from an Employer, and (2) complying with all laws and regulations relating to the intended employment of any Candidate. If you are a Candidate, you agree that any rights you have under the Fair Credit Reporting Act or any corresponding state laws may only be asserted against the Employer.

Terms of use for posting classified ads & job ads:

  1. No foul or otherwise inappropriate language will be tolerated. Ads in violation of this rule are subject to being removed immediately and without warning. If it was a paid ad, no refund will be issued.
  2. You agree to forgo litigation and settle the matter using binding arbitration if a conflict were to arise, including its staff and principal and yourself.
  3. No racist, hateful, or otherwise offensive comments will be tolerated.
  4. No ad promoting activities that are illegal under the current laws of this state or country.
  5. Any ad that appears to be merely a test posting, a joke, or otherwise insincere or non-serious is subject to removal.
  6. We reserve the ultimate discretion as to which ads, if any, are in violation of these guidelines.
  7. We do not guarantee results when hiring, and are not responsible for integrity of the individual/resume hired. All due diligence is left up to the subscriber using our platform.
  8. If an ad is posted by our support team on your behalf, terms still apply.
  9. The Restaurant Zone does not guarantee timely delivery, your receipt of the Job Seeker’s application or that there will be no mistakes in the transmission of the data.

RULES AND GUIDELINES FOR JOB POSTING:

By posting your classified ad (including job ads) on The Restaurant Zone, or accessing our servers, websites, or content, you agree these Terms of Use. When it comes to posting ads, you agree that it is in compliance with our guidelines listed below.

We reserve the right to modify any ads in violation of our guidelines order to prevent abuse and keep the content appropriate for our general audience. This includes people of all ages, races, religions, and nationalities. Therefore, all ads that are in violation of our guidelines are subject to being removed immediately and without prior notice.

By posting an ad on our site, you agree to the following statement:

You agree that you will be solely responsible for the content of any classified ads that you post on this website. You will not hold the owner of this website responsible for any losses or damages to myself or to others that may result directly or indirectly from any ads that you post here.

By creating an account with us you consent to us using your information. We use the information we receive about you in connection with the services and features we provide to you and other users. Uploading your information or documents, means you are consenting to us using your information.

Refund Policy For Subscribers:

Generally, all fees and charges are nonrefundable and there are no refunds or credits for partially used periods. Except as noted here, all paid products including subscriptions and job postings are nonrefundable after purchase and delivery.

Refunds (if any) are at the absolute discretion of The Restaurant Zone.

Note: All of your features expire as soon as your cancellation takes effect.

Refund Policy For Other Services:

Generally, all fees and charges are nonrefundable and there are no refunds or credits for partially used periods. Except as noted here, all paid services such as Resume Delivery, Job/Classified Advertising and Virtual Recruiting Services, offered by The Restaurant Zone, are nonrefundable after purchase and delivery.

Also, under the laws applicable in your jurisdiction, Restaurant Zone customers may qualify for a refund if requested no later than 1 day after the purchase. Citizens of the European Union are entitled to a full refund during the 1 day after purchase.

Note: All of your features expire as soon as your cancellation takes effect.
For billing inquiries please contact Restaurant Zone Support

Limitation of Liability & Indemnification

You shall indemnify, defend and hold harmless RestaurantZone, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any resume search conducted by you, or any Job Listing or screener questions (or answers thereto) posted by you, or any message sent by you (including any questions for Job Seekers contained in any of the foregoing).

1. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL RESTAURANTZONE OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF RESTAURANTZONE OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF RESTAURANTZONE AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID RESTAURANTZONE TO USE THE SITE.

2. Indemnification

You agree to defend, indemnify and hold harmless RestaurantZone from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your violation of any term of this Agreement; (b) your use of and access to RestaurantZone ; (c) your loss or disclosure of information gained from using RestaurantZone; (d) your violation of any state or federal laws during the hiring process, including but not limited to the Fair Credit Reporting Act; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (f) any claim that any User Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of RestaurantZone. You also agree that you have a duty to defend us against such claims. You agree that this indemnity extends to requiring you to

3. Customer Obligations. Customer hereby covenants and agrees that:
Customer shall immediately notify RestaurantZone of any unauthorized uses of its accounts or any other breaches of security. RestaurantZone shall not be liable for any acts or omissions by the Customer, including any damages of any kind incurred as a result of such acts or omissions.

Content (Including Resumes & Job Postings)

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit or post, that the use by RestaurantZone of your User Content will not violate any law or infringe the rights of any third party, and that to the best of your knowledge, your User Content and any other information that you provide to us is truthful and accurate.

RestaurantZone takes no responsibility and assumes no liability for any Content that you or any other User or third party posts or sends over to RestaurantZone. You shall be solely responsible for your User Content and the consequences of posting or publishing it on the internet. You agree that RestaurantZone is only acting as a passive conduit for the online distribution and publication of your User Content, and has no obligation to screen job postings, screen resumes, or any other type of content or information. However, RestaurantZone may review and not display on, or remove any content from, the Service that (w) violates this Agreement or any other agreement you have with RestaurantZone, or violates applicable laws, rules or regulations, (x) is abusive, disruptive, offensive or illegal, (y) violate the rights of, or harms or threatens the safety of, RestaurantZone users or members or (z) was purchased by fraudulent credit cards.

You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that RestaurantZone shall not be liable for any damages you allege to incur as a result of User Content, especially related to resumes. E.g. If an employer finds said job-seeker’s resume and terminates the job-seeker for having it on RestaurantZone. RestaurantZone will not be held liable for any damages, wages, losses, causes of action, whether in contract, tort (including negligence).

You are solely responsible for your interactions with Employers that you contact, or that contact you. Please note that there are risks, including but not limited to the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore use caution with regard to the information you elect to share as part of your User Profile or in a Job Application or resume that you provide through the Service. Only list the contact information that you are comfortable disclosing to Employers and other Users of the Service.

Although RestaurantZone requests that Employers maintain the confidentiality of the Job Applications and resumes they receive through the Service, RestaurantZone cannot and does not guarantee that the information you provide to Employers through the Service as part of a Job Application, or via a resume, will be held in confidence or properly secured by each applicable Employer. In addition, RestaurantZone takes no responsibility and assumes no liability for any Resume, Job Listing, onboarding or other employee-related documents, or any other content that any Employer posts, sends or provides via the Service. You agree that RestaurantZone is not responsible or liable for the conduct of any Employer.

Marketing 
Employers using RestaurantZone grant us the right to use their name, trademark and logo on the RestaurantZone website, in RestaurantZone marketing materials, and to identify the employer as a RestaurantZone customer. RestaurantZone agrees to remove mention of an employer in our marketing materials based on their written request.

Changes in Terms and Conditions and RestaurantZone 

We may modify or terminate our services from time to time, for any reason, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice.

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