This Welcome End User Services Agreement (this “Agreement”) is entered into by and between Glide Holdings, Inc. d/b/a Welcome (“Welcome”), a Delaware corporation with its principal place of business at 30 Washington Street, Apt. #3M, Brooklyn, NY 11201, and the person clicking “I agree” (“you”).
Your employer or, if you are a candidate for employment, the employer to which you are applying for employment (the “Company”) uses Welcome’s cloud-based services platform (the “Welcome Services”) to manage its employment offer process and to provide compensation and other information to successful applicants and current employees through this website (the “Website”). By clicking “I agree,” you permit the Company to share any information you provide or have provided to the Company with Welcome so that (a) if you receive an employment offer, Welcome may assist the Company with presenting and processing your employment offer, and (b) if you are a successful applicant or a current employee, Welcome may assist the Company in providing you with access to compensation and other information from the Company.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION IN SECTION 6.2 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
1. Your Rights and Obligations. Subject to your compliance with this Agreement, Welcome hereby provides you a non-exclusive, non-transferable right to access and use the Welcome Services during the Term through access credentials provided by Welcome or the Company solely for your personal, noncommercial use. Notwithstanding anything to the contrary in this Agreement, Welcome may temporarily suspend your access to any portion or all of the Welcome Services at any time for any reason. This Agreement is not an offer of employment or an agreement to continue to employ you.
2. Content; Your Information
2.1 Content. Any content provided by Welcome, the Company or any of its partners through the Welcome Services is not to be construed as legal, financial or tax advice and is for informational purposes only. Welcome does not assume any liability for your reliance on the content and information provided through the Welcome Services. You agree and understand that Welcome expressly disclaims all liability with respect to actions taken or not taken based on the Welcome Services (including the contents of the Website).
3. Disclaimer of Warranties. THE WELCOME SERVICES AND ALL INFORMATION PROVIDED ON OR THROUGH THE WELCOME SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. WELCOME AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “WELCOME GROUP”) AND WELCOME’S BUSINESS PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, THE WELCOME GROUP AND WELCOME’S BUSINESS PARTNERS MAKE NO WARRANTY THAT THE CONTENT AND INFORMATION PROVIDED THROUGH THE WELCOME SERVICES (INCLUDING THE WEBSITE) WILL BE ACCURATE. COMPENSATION ESTIMATES PROVIDED THROUGH THE WELCOME SERVICES ARE SOLELY HYPOTHETICAL EXAMPLES, BASED ON INFORMATION PROVIDED BY THE COMPANY, AND ARE NOT A FORECAST, PROMISE, OR GUARANTEE OF ANY CERTAIN TYPE OF COMPENSATION, COMPENSATION AMOUNT OR TAX CONSEQUENCE. COMPENSATION ESTIMATES ARE SOLELY FOR GENERAL INFORMATIONAL PURPOSES AND ARE NOT LEGAL, FINANCIAL OR TAX ADVICE.
4. Limitation of Liability. TO THE EXTENT ALLOWED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, IN NO EVENT SHALL THE WELCOME GROUP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES OR ANY OTHER COSTS, EXPENSES OR PAYMENTS ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE WELCOME SERVICES (INCLUDING THE WEBSITE). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, COSTS, EXPENSES OR PAYMENTS ARISE OUT OF CONTRACT, TORT OR OTHER LIABILITY, AND REGARDLESS OF WHETHER SUCH DAMAGES, COSTS, EXPENSES OR PAYMENTS WERE FORESEEABLE OR WHETHER WELCOME WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS, EXPENSES OR PAYMENTS. IN ANY CASE, THE AGGREGATE LIABILITY OF THE WELCOME GROUP UNDER THIS AGREEMENT WILL NOT EXCEED TEN DOLLARS ($10.00).
5. Term and Termination. The term of this Agreement will commence when this Agreement is accepted by you as provided in the preamble to this Agreement and will continue until terminated in accordance with this Section 5 (the “Term”). Welcome may terminate this Agreement at any time with or without notice. If you are employed by the Company, this Agreement will terminate upon termination of your employment with the Company. Upon termination of this Agreement, your rights to access the Welcome Services (including the Website) shall immediately cease, and the provisions of Sections 1 (solely with regard to Welcome’s suspension rights), 2, 3, 4, 5, and 6 shall survive the termination of this Agreement.
6. General Provisions
6.2 Governing Law; Arbitration; Class Action Waiver. This Agreement is exclusively governed by the laws of the United States (including the Federal Arbitration Act) and the State of New York, without regard to principles of conflicts of law, and regardless of your location.
a. Binding Arbitration. Except for disputes that qualify for small claims court, as detailed below, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and Welcome, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, including disputes arising out of or relating to the interpretation or application of this arbitration provision, or the enforceability, revocability or validity of this arbitration provision or any portion of this arbitration provision, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. You agree that Welcome and you are each waiving the right to trial by a jury.
b. Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (available online at www.adr.org), as amended by this Agreement. The place of arbitration shall be New York City, New York. All disputes shall be resolved by a single arbitrator, selected by the AAA, in accordance with the applicable Consumer Arbitration Rules. The arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or Welcome that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to you and Welcome with due consideration of ability to travel and other pertinent circumstances. If you and Welcome are unable to agree on a location, the arbitrator will decide on the location. The arbitrator’s decision(s) shall be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the specific claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court with jurisdiction.
c. Small Claims Court Option. You have the choice to submit any dispute to a small claims court, if applicable, instead of having the dispute resolved by arbitration. You can make this choice either before or after the dispute is submitted for resolution by arbitration.
d. Class Action Waiver. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations, private attorney-general actions, class actions, and any other proceeding where someone acts in a representative capacity are not permitted, and you are agreeing to give up the ability to participate in a class action. Combining individual proceedings without the consent of all parties is also not allowed. Disputes regarding the enforceability, revocability or validity of the foregoing class action waiver will be exclusively resolved by an arbitrator appointed by the AAA, pursuant to the applicable arbitration rules.
e. Notwithstanding any of the foregoing, either you or Welcome may seek and obtain temporary injunctive relief in any court of competent jurisdiction, and seeking such measures will not be deemed incompatible with the arbitration provision in this Section 6.2 or a waiver of the right to arbitrate.
6.3 Waiver. The waiver by either you or Welcome of a breach of or a default under any provision of this Agreement will be in writing and will not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor will any delay or omission on the part of either you or Welcome to exercise any right or remedy that you or Welcome has or may have under this Agreement operate as a waiver of any right or remedy.
6.4 Limitation of Time to File Claims. Any cause of action or claim you may have arising out of or relating to the Welcome Services must be commenced within one (1) year after the cause of action accrues. Failure to do so will result in the cause of action or claim being permanently barred, and will constitute your complete and final waiver of the cause of action or claim.
6.5 Severability. If the application of any provision of this Agreement is held to be invalid or unenforceable by an arbitration panel or a court of competent jurisdiction, then (a) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement will not in any way be affected or impaired thereby and (b) such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by you or Welcome to the extent necessary to make such provision valid and enforceable.
6.6 Entire Agreement. This Agreement, including any other documents incorporated into this Agreement by reference, constitutes the sole and entire agreement between you and Welcome with respect to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter of this Agreement.