Terms of Service

Last Updated: [1/4/2025]

Table of Contents

  • Introduction
  • Accessing the Service and Account Security
  • Information Collected About You
  • Intellectual Property Rights and Ownership of Service
  • AUTOMATIC RENEWAL & CANCELLATION OF PAID SUBSCRIPTIONS 
  • Free Trials 
  • Accuracy of Information and Reliance on Information Posted
  • Linking to MissionHires’ Service
  • Linked Sites
  • Prohibited Uses
  • User Contributions
  • Content Standards
  • Copyright Complaints and DMCA Copyright Agent
  • Geographic Restrictions
  • Disclaimers and Limitations of Liability
  • Indemnification
  • Binding Arbitration of Most Disputes; No Class Relief
  • Dispute Resolution (If and Only if a Tribunal has Ruled that Arbitration is Prohibited by Applicable Law)
  • Additional Terms
  • Contact Us

 

Introduction

These Terms of Service (“Terms”) apply to and govern your access to and use of any website, mobile site or app, social media site, software, applications, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein, including any transactions, orders, sales, purchases, or the acquisition of goods or services (collectively the “Service”), that are owned, operated, or provided by FMT Travel Inc. d/b/a MissionHires or its subsidiaries, divisions, and affiliates (“MissionHires”, “we”, “our” or “us”). 

MissionHires offers the Service, including all information, tools, services, goods, and products available through the Service, to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein or incorporated by reference. Please read these Terms carefully before using our Service or making any transaction, order, or purchase. By making any transaction, order, or purchase or by visiting or otherwise using our Service, you acknowledge, accept, and agree to be bound and abide by these Terms. You also acknowledge, agree, and consent to our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms or our Privacy Policy, then accessing the Service is strictly prohibited, and you must immediately exit and cease using the Service.

By using the Service, you agree that you are at least the legal age of majority in the jurisdiction in which you reside. The Services are only offered and available to users who are at least eighteen (18) years of age or older. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) YOU ARE NOT AUTHORIZED TO USE THE SERVICE. 

We reserve the right to change these Terms at any time and at our sole discretion. Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions. Any changes to the Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Service. It is your responsibility to check periodically for any changes we may make to these Terms. The date of the latest revision to these Terms is available at the top of this page. MissionHires shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERN YOUR USE OF THE SERVICE, ARE LEGALLY BINDING, LIMIT MISSIONHIRES’ LIABILITY TO YOU, AND REQUIRE YOU TO INDEMNIFY MISSIONHIRES AND TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION. YOUR CONTINUED USE OF THE SERVICE AFFIRMS YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ANY FUTURE MODIFICATIONS OR AMENDMENTS TO THESE TERMS, DO NOT USE OUR SERVICE.

These Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control. THE SERVICE IS PROVIDED IN THE UNITED STATES AND SUBJECT TO UNITED STATES LAWS. USERS OUTSIDE THE UNITED STATES SHOULD NOT USE THE SERVICES.

Accessing the Service and Account Security

We reserve the right to withdraw or amend our Service at our sole discretion and without notice. For example, we may enforce quotas and usage limits at our sole discretion and without notice, which may result in MissionHires disabling or throttling your usage of the Service for any amount of time. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to certain users.

To access the Service, you may be asked to provide certain registration details or other information, or may be provided with a username, password, or other piece of information as part of our security procedures. 

As a condition of your use of the Service, you agree: 

  • that you will not utilize any automated means to use or access the Service in whole or in part;
  • that you are prohibited from using or accessing the Service if you are a person or entity barred from receiving the Service under the laws of the United States or other countries, including the country in which you are resident or from which you use or access the Service;
  • that your account is personal to you and thus you will not provide any other person with access to the Service in a manner intended to avoid incurring fees;
  • to maintain the confidentiality of any account you use on or for the Service and any information related thereto, including usernames and passwords; 
  • that you will log out of your account at the end of each session; 
  • that you will use 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;
  • that any information that you provide on the Service will be correct, current, and complete;
  • that you are solely responsible for all access to and use of the Service, including without limitation, with respect to any communications, transmissions, orders, payments, financial transactions, and other obligations incurred through such access or use, by anyone using your account, username, password, or other identification or credentials, on or for the Service, whether or not such access to and use of the Service is actually authorized by you;
  • to notify us immediately of any unauthorized use of the Service, including any compromise of your account information or login credentials, and any other breach of security; 
  • to promptly change your password if you suspect it has been compromised; and
  • not to sell, transfer, or assign your account or any account rights. 

MissionHires is not responsible for any unauthorized accounts that may appear on the Service, and in the event of any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate in our sole and exclusive discretion, with or without notice. We may also disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. We further reserve the right to take any action we deem necessary or reasonable to maintain the security of the Service or of any account, including without limitation, suspending, or terminating an account or a user’s access to the Service. While we will take prudent steps to protect all accounts and the security of information on the Service, you understand that we cannot protect your information outside of the Service. 

You also understand and agree that MissionHires may assume that any transaction, order, purchase, or communications we receive through your account have been made or authorized by you. MissionHires expressly disclaims any liability from misuse of any and all accounts, and in no event will we be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction taken under this provision; (ii) any compromise of the confidentiality of your account, username, password, or other identification or credentials; or (iii) any unauthorized access of your account or use of your username or password. You agree to defend, indemnify, and hold MissionHires harmless from and against all third-party claims, damages, and expenses (including reasonable attorney’s fees) against or incurred by MissionHires arising out of your breach of these Terms or violation of applicable law, your use or access of the Service, or access by anyone accessing the Service using your account, username, password, or other identification or credentials.

Information Collection and Processing

All information that you provide to us, including, but not limited to, through the use of any interactive features on the Service, or that we otherwise collect on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you are a job candidate, you acknowledge and agree that you are providing information with the knowledge and understanding that the information (including audio, video, and written materials submitted by you) will be processed by one or more artificial intelligence or machine learning algorithms or otherwise subject to analysis by computer processes, and you consent to such processing and analysis. You further acknowledge and agree that the results of such data processing activities may be used by job posters in making employment decisions. If for any reason you are unable to access or complete the interview process with respect to a position, MissionHires will still share your resume and other information you have provided with the position/employer as applicable.  

If you are an employer or acting on behalf of an employer, you acknowledge and agree that you are providing information with the knowledge and understanding that the information (including audio, video, and written materials submitted by you) will be processed by one or more artificial intelligence or machine learning algorithms or otherwise subject to analysis by computer processes, and you consent to such processing and analysis. 

Intellectual Property Rights and Ownership of Service

The Service and its entire contents, features, and functionality, including without limitation all information, copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, displays, video, logos, icons, images, audio, downloads, interfaces, code, and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively, the “Content”), are all proprietary and owned or controlled by MissionHires, 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 to the fullest extent possible.

These Terms grant you a limited, revocable, nontransferable, nonexclusive license to use the Service and Content. You understand and agree that this license is not a transfer of title, right, or interest in the Service or Content, and that you are strictly prohibited from copying, modifying, recording, screen capturing, reproducing, publicly displaying, creating derivative works of, or attempting to decompile, reverse engineer, or otherwise extract the source code of the Service or Content, or any part thereof; removing any copyright, trademark, or other proprietary notations from the Service or Content; and otherwise infringing upon the intellectual property rights of MissionHires or its licensors. 

This license shall automatically terminate if you violate any of these restrictions, or any provision of the Terms, and may be terminated by MissionHires at any time for any or no reason. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format and immediately cease all access and use of the Service. Except as expressly provided in these Terms, no assignments or license of intellectual property are granted by MissionHires.

MissionHires owns and uses several trademarks on the Service, along with related names, logos, product and service names, designs, and slogans. You must not use such marks without the prior written permission of MissionHires. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners. 

Payment Terms

Some features of the Service may require you to make payments. MissionHires reserves the right to determine and change any payment term, rate, mechanism, or structure at any time with notice to you. By confirming any transaction, order, or purchase, you agree to accept and pay all costs and fees, including but not limited to any applicable taxes. Additionally, payments are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. We reserve the right, however, to provide upgrades and downgrades at prorated rates.

MissionHires may use third party services to process payments, which have their own separate terms of service. While MissionHires will use commercially reasonable efforts to ensure the security of all payment information such as credit cards or bank account numbers, MissionHires expressly disclaims any liability for any damage that may result should any third parties gain access to such information, and you agree to hold MissionHires harmless for any damages that may result therefrom.

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be current, complete, truthful, and accurate. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your account or termination of your access to and use of the Service. In addition, verification of information may be required prior to the acknowledgment or completion of any purchase or transaction. We reserve the right to refuse or cancel any purchase or transaction for any reason, including limitations on availability, inaccuracies, or errors in service or pricing information, or other problems identified by us, such as fraud.

AUTOMATIC RENEWAL & CANCELLATION OF PAID SUBSCRIPTIONS

Certain elements of the Service may be offered on an automatic, recurring subscription basis (each a “Paid Subscription”). You can find specific details regarding your Paid Subscription by logging into your account or by emailing us at support@missionhires.com.

By purchasing a Paid Subscription, you acknowledge and agree that PAYMENTS ARE CHARGED ON THE DAY YOU SIGN UP FOR THE PAID SUBSCRIPTION AND THAT YOUR PAID SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE PRICE AND FREQUENCY SET FORTH IN CONNECTION WITH THE PAID SUBSCRIPTION OPTION YOU SELECT. ALL PAID SUBSCRIPTION PRICES ARE IN ADDITION TO ANY APPLICABLE TAX. 

YOUR PAID SUBSCRIPTION WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY YOU OR TERMINATED US IN ACCORDANCE WITH THESE TERMS. You can cancel at any time, but please note that there are no refunds. 

You further acknowledge and agree that your Paid Subscription may have both an initial and recurring fee (“Subscription Fee”), which shall be set forth in the subscription pricing information provided when you purchase a Paid Subscription. By purchasing a Paid Subscription, you accept responsibility for, and agree to pay, all Subscription Fees, plus any applicable tax, prior to cancellation of your Paid Subscription. You affirmatively and expressly authorize us to charge your payment provider when your Paid Subscription begins, and again at the beginning of any subsequent renewal term. If your payment details change, your card provider may provide us with the updated payment details. We reserve the right to use these updated details for future charges in order to help prevent any interruption to the delivery of the Service. 

Upon renewal of your Paid Subscription, if MissionHires does not receive payment from your payment provider, (a) you agree to pay all amounts due on your account upon demand and (b) you agree that MissionHires may either terminate or suspend your Paid Subscription and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). If the regular price to renew your Paid Subscription increases, or any terms regarding the automatic renewal or your Paid Subscription changes, MissionHires will notify you of any such increase or change in writing prior to the commencement of the next renewal term to or in which the increase or change applies. 

YOU MUST CANCEL YOUR PAID SUBSCRIPTION BEFORE IT RENEWS TO AVOID INCURRING A SUBSCRIPTION FEE FOR THE NEXT RENEWAL TERM. You may cancel your Paid Subscription at any time. The account will remain active for the remainder of your billing cycle, but you will not be charged for the next renewal term unless you purchase another Paid Subscription. 

If you want to cancel your subscription, you can do through logging into your customer account or by contacting us at support@missionhires.com. If you choose to cancel your Subscription prior to the next renewal period, we will terminate your Paid Subscription and will not charge your payment provider for the subsequent renewal period. 

You agree that we may either terminate or suspend your Paid Subscription for any reason at any time in our sole discretion. You will not be responsible for payment of any Paid Subscription terminated or suspended by us.

If you have any questions about automatic renewal, your Paid Subscription, or our cancellation procedures, please contact us at support@missionhires.com.

Free Trials

The Service or certain elements of the Service may be provided to you without charge up with certain usage limits or for a certain “trial” period of time. Usage over this usage limit (or after the “trial” period) requires your purchase of additional resources or services (i.e., the purchase of a Paid Subscription). 

Accuracy of Information and Reliance on Information Posted 

The information on the Service may occasionally be inaccurate, incomplete, or out of date. Additionally, while MissionHires makes all reasonable efforts to accurately display information provided on the Service, we cannot and do not guarantee that any device will accurately display such attributes. You expressly acknowledge that that the prediction accuracy of models, algorithms, or other components of any AI-based or machine learning technology can never be guaranteed, and the output of any such elements of the Service are not guaranteed to be complete or accurate. 

We do not warrant the completeness, accuracy, timeliness, or usefulness of any information on the Service, and any reliance you place on such information is strictly at your own risk. The information and material presented on or through the Service should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. The Service may also contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify our Content and the Service at any time, but we have no obligation to update our Content or Service. You agree that it is your responsibility to monitor changes to our Content and Service.

You also agree that the inclusion of any products or services on the Service at a particular time does not imply or warrant that these products or services will be available at any time. Pricing or availability errors may occur on the Service. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. MissionHires reserves the right to cancel any orders or transactions containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation from MissionHires. We may, at our discretion, either contact you for instructions or cancel your order or transaction and notify you of such cancellation.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We further reserve the right to limit the quantities of any products that we offer. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any product or service obtained through the Service. You agree that any MissionHires product or service obtained by you will only be used in a lawful manner. MissionHires disclaims all liability and responsibility arising from any reliance placed on any materials or information on the Service. Additionally, to the extent that the Service includes content provided by third parties, you understand and agree that all statements and opinions expressed in such third-party information or materials are solely the statements, opinions, and responsibility of the third party providing such information or materials. Except as otherwise provided by us, these materials do not necessarily reflect the opinion of MissionHires, and we are not responsible, or liable to you or any third party, for the content or accuracy of any information or materials provided by any third parties.

Linking to MissionHires’ Service

Creating or maintaining any link to any page or portion of the Service, or running or displaying this Service or any Content in any format without MissionHires’ prior written permission, is strictly prohibited. Any permitted links to this Service must comply with all applicable laws, rules, and regulations. In the event you are permitted to link to this Service, you must also do so in a way that is fair and legal and complies with our Terms, does not dishonestly damage our reputation or take advantage of it, and does not suggest any form of association, approval, or endorsement on our part. The website from which you are linking, or on which you make certain content accessible, must also comply in all respects with the Content Standards set out in these Terms. You agree to cooperate with us in immediately ceasing any unauthorized display or linking of our Service or Content. We reserve the right to withdraw permission for linking and terminate any features or links without notice.

Linked Sites

The Service may provide links to other third-party websites (“Linked Sites”), including but not limited to websites belonging to businesses posting jobs on the Service. MissionHires has not reviewed the information on the Linked Sites, does not maintain Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site, or the privacy policies of any Linked Site. The content, materials, and information contained on any Linked Site is solely the responsibility of the provider of that Linked Site. MissionHires is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not imply endorsement by MissionHires of the Linked Site. The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of MissionHires. 

If you decide to access any Linked Site, you do this entirely at your own risk. References to any names, marks, products, or services of any third parties, third-party information, or Linked Sites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, recommendation of, or affiliation with, the third party or its products and services. MissionHires makes no representation or warranty as to any Linked Site content, products, or services, and you agree that MissionHires 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 third-party content, products, or services available on or through any Linked Site or similar resource.

MISSIONHIRES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR SPECIAL LOSS, OR OTHER DAMAGE, IN ANY WAY ARISING FROM, RELATED TO, OR BASED ON WHOLE OR IN PART UPON YOUR USE OF OR INTERACTION WITH ANY LINKED SITE.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the transfer or processing of data or any laws regarding hiring discrimination). 
  • 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 that does not comply with the Content Standards set out in these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate MissionHires, a MissionHires employee, another user, or any other person or entity (including, without limitation, by using email 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 Service, or which, as determined by us, may harm MissionHires or users of the Service, or expose them to liability. 

Additionally, you agree not to:

  • Use the Service in any manner that could disable, overburden, damage, or impair our websites, servers, or networks, or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
  • Disable or circumvent, or attempt to disable or circumvent, any security mechanisms used by the Service. 
  • Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
  • Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Service.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, including without limitation any member accounts; the server on which the Service is stored; or any server, system, computer, network, or database connected to the Service through hacking, password mining, or any other means. 
  • Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Reformat or frame any portion of the web pages that are part of the Service.
  • Use the Service for commercial purposes not permitted under these Terms.
  • Create user accounts by automated means or under false or fraudulent pretenses.
  • Attempt to defeat any security or verification measure relating to the Service.
  • Collect or store personal data about other users in connection with the prohibited activities described herein.
  • Use any part of the Service to train or develop any artificial intelligence or machine learning algorithms. 
  • Otherwise attempt to interfere with the proper working of the Service.

User Contributions

The Service may contain interactive features that allow users to post, submit, publish, display, or transmit to MissionHires, other users, or other persons content or materials (collectively, “User Contributions”) on or through the Service. Other than personally identifiable information, which is subject to our Privacy Policy, any such User Contributions, including but not limited to any creative material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communications you transmit or post to or through this Service in any manner, is and will be considered non-confidential and non-proprietary. All User Contributions must comply with the Content Standards set out in these Terms.

Your User Contributions may be posted and transmitted to others. We cannot control the actions of other users of the Service who may access or view your User Contributions. All User Contributions may be retained by us indefinitely, even after you terminate your account, except where prohibited by law. By submitting any User Contributions, you grant to MissionHires a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Contributions in any manner, including to create derivative works, without any compensation or notice to you. By providing any User Contribution on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, transmit, publish, broadcast, develop, manufacture, market, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose whatsoever. You grant MissionHires, as a separate and additional license, a perpetual, paid-up, worldwide, royalty-free license to use any data, including any User Contributions and personal data you provide to MissionHires for the purposes of developing and improving our software and services (including the training of machine-learning or artificial intelligence software programs) and anonymized benchmarking or reporting purposes. MissionHires will have no liability related to any User Contributions.

You further 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 us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms.
  • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not MissionHires, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
  • MissionHires is not responsible for any employment decisions made as a result of User Contributions. 
  • We are 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 Service.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, 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 Service or the public, or could create liability for MissionHires.
  • 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 Service.
  • Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms.
  • Without limiting the foregoing, we have 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 Service. YOU WAIVE AND HOLD HARMLESS MISSIONHIRES 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.
  • We cannot review all material before it is posted on or through the Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards (the “Content Standards”) apply to any and all User Contributions and use of the Service. 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 that 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 and our 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 us or any other person or entity, if this is not the case.
  • Be posted through a false email address or user account, while pretending to be someone other than yourself, or under any other circumstances that could mislead us or third parties as to the origin of any User Contribution.
  • Be intended to falsely manipulate or damage any algorithm or computer analysis process which may review the User Contribution. 
  • Impair the functionality of the Service or any of its components or background processes. The existence of any such impairment shall be solely determined by MissionHires. 

Copyright Complaints and DMCA Copyright Agent

MissionHires complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission.

DMCA Takedown Notices

Content owners of copyrighted material or their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on our Service. The abuse team will only consider valid reports of infringement, and you may submit a complete DMCA notice that features all of the points described below only if the representing party sending the request is the content owner or the authorized agent acting on behalf of the copyright owner. If you are not sure if MissionHires has control over the allegedly infringed content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for MissionHires to determine the legitimacy of the signature and the identity of the signatory;
  2. Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site, including citation to the applicable copyright registrations where available;
  3. 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 MissionHires to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the website or online content at issue;
  4. Information reasonably sufficient to permit MissionHires to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;
  5. 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; and
  6. 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.

Any such notifications of claimed infringement must be sent to the below contact with the subject line “DMCA NOTICE:”

Losey PLLC

1420 Edgewater Drive

Orlando, Florida 32804

407-986-0406

Please note if any notification of claimed infringement does not meet the above requirements, MissionHires has no responsibility to respond to or act on any such defective notification of claimed infringement.

DMCA Counter Notification

If you receive a notification of claimed infringement, you may submit a counter notification to us under the DMCA. It must include the following, which includes a certification made under penalty of perjury:

  1. Your physical or electronic signature, as well as information sufficient for MissionHires to determine the legitimacy of the signature and the identity of the signatory;
  2. 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 to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Middle District of Florida, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or the Complainant’s authorized agent.

Any such counter notification must be sent to:

Losey PLLC

1420 Edgewater Drive

Orlando, Florida 32804

407-986-0406

Geographic Restrictions

MissionHires is based in the United States; as such, we provide the Service for use only by persons located in the United States and countries where use or access of the Service is not otherwise prohibited by any applicable law. We make no claims that the Service or any of its Content is accessible or appropriate outside of these countries. Access to the Service may not be legal by certain persons or in certain countries outside of the United States. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. MissionHires reserves the right to refuse access to the Services by individuals outside the United States, and may make such determination by examining the IP address or similar identifiers indicating that a user is accessing the Service from outside the United States. 

Disclaimers and Limitation of Liability

YOUR USE OF THE SERVICE IS AT YOUR RISK. THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE, AND WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE SERVICE.

WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SERVICE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SERVICE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICE. THE MATERIALS ON THE SERVICE MAY BE OUT OF DATE, AND MISSIONHIRES MAKES NO COMMITMENT AND ASSUMES NO DUTY TO UPDATE SUCH MATERIALS. MISSIONHIRES MAKES NO WARRANTY THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS OR DIRECTIONS ON THE SERVICE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

YOU ACKNOWLEDGE THAT THE PREDICTION ACCURACY OF MODELS, ALGORITHMS, OR OTHER COMPONENTS OF ANY ARTIFICIAL INTELLIGENCE OR MACHINE LEARNING TECHNOLOGY CAN NEVER BE GUARANTEED, AND MISSIONHIRES MAKES NO WARRANTY AS TO THE OUTPUT OF ANY SUCH TECHNOLOGY CONTAINED WITHIN THE SERVICE. USE OR RELIANCE UPON THE OUTCOMES OR CALCULATIONS PROVIDED BY THE SERVICE IS STRICTLY AT YOUUR OWN RISK. IN NO EVENT SHALL MISSIONHIRES OR ITS LICENSORS, SUPPLIERS, OR AGENTS HAVE ANY LIABILITY WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, ARISING FROM CLIENT’S USE OR RELIANCE ON ANY OUTCOMES PRESENTED OR OTHERWISE CALCULATED BY THE SERVICE AND THE PREDICTION ACCURACY OF ANY MODELS, ALGORITHMS, MODELS, OR OTHER OFFERINGS IN THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, MISSIONHIRES SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY RELATED TO ANY LEGAL REQUIREMENTS TO PERIODICALLY TEST OR ASSESS THE SERVICE FOR ANY IMPACT ON WHETHER THE SERVICE CONTRIBUTES TO UNJUSTIFIED OR DISCRIMINATORY DIFFERENTIAL TREATMENT OR DISFAVORS PEOPLE BASED ON THEIR ACTUAL OR PERCEIVED RACE, COLOR, ETHNICITY, SEX, RELIGION, AGE, NATIONAL ORIGIN, LANGUAGE ABILITY, DISABILITY, VETERAN STATUS, GENETIC INFORMATION, REPRODUCTIVE HEALTH, OR ANY OTHER CLASSIFICATION PROTECTED UNDER FEDERAL OR STATE LAW. YOU ACKNOWLEDGE THAT ALL EMPLOYMENT AND HIRING DECISIONS ARE MADE BY THE RESPECTIVE EMPLOYER AND NOT BY MISSIONHIRES. MISSIONHIRES SHALL HAVE NO LIABILITY FOR ANY EMPLOYMENT OR HIRING DECISIONS MADE BY ANY OTHER PARTY.

ADDITIONALLY, IN NO EVENT WILL MISSIONHIRES OR ITS RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, BUSINESS INTERRUPTION, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, AND SIMILAR DAMAGES, EVEN IF MISSIONHIRES HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR MISSIONHIRES WAS GROSSLY NEGLIGENT. 

FURTHER, MISSIONHIRES AND ITS RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY INFORMATION OR MATERIALS ON THE SERVICE, ANY LINKED SITES, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED AT ANY OR ALL SUCH LINKED SITES. IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. MOREOVER, IN THE EVENT OF ANY PROBLEM OR DISSATISFACTION WITH THE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED ON OR THROUGH THE SERVICE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE. THE MAXIMUM LIABILITY OF MISSIONHIRES AND ITS RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICE OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered, to the maximum extent permitted by law, including but not limited waiver of the provisions of California Civil Code Section 1542, which states “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Indemnification

Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless MissionHires and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, or expenses, including investigation costs and attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Service, including use of any good, product, or service purchased through the Service, (b) violation of these Terms by you, including any misrepresentations made by you in connection with your use of the Service (c) your violation of any law or the rights of a third-party, (d) the acts or omissions of any other user or third-party, and (e) any claims, damages, charges of discrimination, demands, losses, liabilities and causes of action, of any type, that any current or former employee, consultant, or contractor may raise or allege that use of the Services violates any federal, state, or local statutes, ordinances, or common laws. If you fail to promptly indemnify and defend a covered claim, MissionHires shall have the right to defend itself, and in such case, you shall promptly reimburse MissionHires for all of its associated costs and expenses. MissionHires reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.

Binding Arbitration of Most Disputes; No Class Relief.

This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and we agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act.

We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Service, (ii) any subscriptions or other purchases, transactions or relationships related to your use of the Service, or (iii) any data or information you may provide to us or that we may gather in connection with such use, interaction, subscriptions, purchases, transactions or relationships (collectively, “Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Service, or engaging in any other Transactions or Relationships with us, you agree to binding arbitration as provided below.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Service, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms or any Transactions or Relationships shall be resolved exclusively by final, confidential and binding arbitration (“Arbitration”) before a single arbitrator administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect that would be applicable to the matter in dispute, we agree to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this section shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction. You further agree that:

  1. Single Arbitrator.

The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and us (the “Arbitrator”).

  1. Arbitrator Will Interpret This Agreement.

The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms or these arbitration provisions, including but not limited to any claim that all or any part of these Terms is void or voidable.

  1. Location of Arbitration.

The Arbitration shall be held either: (i) at a location determined pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.

  1. Governing Law.

The Arbitrator (i) shall apply internal laws of the State of Delaware consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Delaware or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief.

  1. No Class Relief.

The Arbitration can resolve only your or our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated.

  1. Written Award.

The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.

  1. Arbitration Costs.

In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith.

  1. Reasonable Attorney’s Fees.

The Arbitrator shall also have the right to include in the Award the prevailing party’s reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, provided that such prevailing party recovers an amount greater than the non-prevailing party’s last good-faith settlement offer (if any).

  1. Interpretation and Enforcement of Arbitration Clause.

With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate any dispute between us and you, and must instead bring any claims subject to subsection (k) below and the Dispute Resolution (If and Only if a Tribunal has Ruled that Arbitration is Prohibited by Applicable Law) section.

  1. Modification of Arbitration Clause With Notice.

We may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after we have given notice of such modifications and only on a prospective basis for claims brought after the effective date of such notification. If any modification pursuant to this subpart (j) is deemed to be invalid, unenforceable, or illegal, then the arbitration provisions effective at the time of your agreement to these Terms shall govern any dispute or disagreement between you and us regarding Transactions or Relationships.

  1. Small Claims Matters are Excluded. No Class Relief or Joinder of Claims.

Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim for damages you have against us in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

  1. Confidentiality of Arbitration.

You and we agree to maintain the confidential nature of the Arbitration and shall not disclose the fact of the Arbitration, any documents exchanged as part of any mediation, proceedings of the Arbitration, the Arbitrator’s decision and the existence or amount of any Award, except as may be necessary to prepare for or conduct the Arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by applicable law or court order.

Dispute Resolution (If and Only if a Tribunal has Ruled that Arbitration is Prohibited by Applicable Law)

This section applies only where applicable law, as determined by a court with appropriate jurisdiction, prohibits arbitration of disputes in accordance with the previous section regarding arbitration.

  1. Procedure.

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Service, the Content, these Terms or to any of our actual or alleged intellectual property rights (collectively, a “Non-Arbitration Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Non-Arbitration Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this section. Your notice to us must be sent to: legal@missionhires.com.

For a period of sixty (60) days from the date of receipt of notice from the other party, we and you will engage in a dialogue in order to attempt to resolve the Non-Arbitration Dispute, though nothing will require either you or us to resolve the Non-Arbitration Dispute on terms with respect to which you and us, in each of our sole discretion, are not comfortable. 

  1. Jurisdiction.

The parties agree that the state or federal courts in Florida shall have non-exclusive jurisdiction of any Non-Arbitration Dispute.

  1. Governing Law.

To the maximum extent permitted by the mandatory laws in your country of residence, these Terms and any Non-Arbitration Dispute arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the U.S. and the State of Delaware without regard to its conflicts of law provisions.

  1. Injunctive Relief.

The foregoing provisions of this section will not apply to any legal action taken by us to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, your User Contribution, or our intellectual property rights (including such as we may claim may be in dispute), our operations, or our products or services.

Additional Terms

The failure of MissionHires to enforce any term or condition set out in these Terms shall not be deemed waiver of such term or condition or a waiver of any other term or condition.

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

These Terms and our Privacy Policy constitute the sole and entire agreement between you and MissionHires regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service. You may be subject to additional terms and conditions when you purchase products or participate in a sweepstakes, contest, or other promotions.

MissionHires shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances. We further may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity.

By accessing the Service, you agree that the laws of the United States and the state of Delaware without regard to conflicts of laws principles, will apply to these Terms and all matters relating to the Service.

Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms will be brought exclusively in the federal or state courts located in Orange County, Florida, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

You agree that regardless of any statute or law that establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Service, or these Terms, or other Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.

We may provide you information regarding the Service in electronic form only. You agree that such notices and other communications sent electronically satisfy any legal communication requirements, including that requirements must be in writing.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MissionHires as a result of these Terms or use of the Service. 

Any provisions that, by their nature, are intended to survive shall survive any termination of these Terms.

Contact Us

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Complaints and DMCA Copyright Agent policy in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: support@missionhires.com.