TERMS & CONDITIONS

You acknowledge that Theta Smart Corporate Solutions does not and cannot control the behavior of the users of our Services, including Workers and Businesses. We do our best to make sure that all users of our Services comply with these Terms, but we aren’t responsible if they do not.

Theta Smart Corporate Solutions’s Services include a communications platform and we do not edit the communications that flow through the Services. Theta Smart Corporate Solutions provides a platform that acts as a passive conduit for receipt of information that you provide or solicit. As a result, we aren’t responsible for their accuracy or completeness of such communications or information. We sometimes reformat how communications are displayed through the Services, and if we make a mistake in such reformatting, we are responsible for that.

You acknowledge further that the engagement of a Worker to perform a job (in the case of a Business) or the performance of a job for a Business (in the case of a Worker) creates a direct business relationship between Business and Worker. Once services have been rendered by a Worker, Theta Smart Corporate Solutions facilitates payment of applicable fees by the Business to the Worker. Businesses and Workers retain the right to negotiate such fees at the time services are provided, and Theta Smart Corporate Solutions will coordinate with a Worker to modify fees accordingly.

Our Right to Terminate Your Access and Use

Theta Smart Corporate Solutions may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

User Content

The Services may permit you to submit, upload, publish or otherwise make available to Theta Smart Corporate Solutions through the Services textual, audio, and/or visual content and information, including Worker or Business profiles, commentary and feedback related to the Services and other users, initiation of Services-related or support requests, and submission of entries for promotions (“User Content”). You have choices about your User Content, including the information you include on your profile, such as (but not limited to) your background, education, work experience, skills, photograph(s) and/or location, and such User Content helps you to get more from our Services, including matching you to opportunities. It’s your choice whether to include sensitive information or User Content on your profile. Please do not post or add personal data to your profile that you would not want to be publicly available. Any User Content provided by you remains your property. However, by providing User Content to Theta Smart Corporate Solutions, you grant Theta Smart Corporate Solutions a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Theta Smart Corporate Solutions’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

The Services also allow you to communicate with other users. We cannot guarantee the accuracy, quality or integrity of information exchanged by users (including information exchanged or provided by Workers, Businesses or References) on or through the Services. We are not liable for any content, delays, errors, omissions, loss or damage incurred as a result of your use of our Services, including from or based on your communications with other users (including Workers, Businesses and References). Under no circumstances will Theta Smart Corporate Solutions be liable for denial of access to any content in our Services. Theta Smart Corporate Solutions is not responsible for incomplete, lost, late, undelivered or misdirected messages between users of our Services (including between Workers, Businesses and References). Theta Smart Corporate Solutions has the right to monitor all content (including User Content) and information exchanged through the Services, however we do not have any obligation to do so.

Prohibited Uses

Use of our Services in the following ways is prohibited (this is not intended to be a complete or exhaustive list, but it will give you an idea of the sorts of things that are not allowed):

• Providing any User Content that violates any laws, infringes the rights (including the intellectual property rights) of others, is defamatory or otherwise creates liability for us;
• Copying our Services or using our Services to enable any service that is competitive with us;
• Posting links to any third-party websites through our Services;
• Scraping, scanning or otherwise using our Service or any information or the meta-data associated therewith to collect or compile data about other users (including Workers or Businesses);
• Reselling any information obtained from us or while using our Service;
• Attempting to compromise the integrity or security of the Services in any way;
• Decompiling, reverse engineering or disassembling the Services in any way;
• Reproducing, modifying, preparing derivative works based upon, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting or otherwise exploiting the Services in any way except as expressly permitted by Theta Smart Corporate Solutions;
• Accessing the Services using any automated processes (such as robots, spiders, etc.) for any reason; or
• Harassing, defaming or discriminating against anyone or any entity for any reason.

If you are a Worker or Business, the sections applicable to Workers and Businesses below provide the limited ways in which you can use our Services. Just to make that a little clearer, you cannot use our Services in any way not permitted above or in those sections.

Truth

One important rule is that you cannot misrepresent yourself in any way on our Service (whether you are a Worker, Business, Reference or otherwise). You must use your real name and all the information you give us must be truthful and honest at all times. We do not verify the accuracy or completeness of any information submitted to or through our Services, and thus we cannot guarantee the identity of the other users you may communicate with. Any User Content or information transmitted through the Services is the sole responsibility of the user from which such User Content or information originated, and Theta Smart Corporate Solutions is not liable for any omissions or errors. We also do not guarantee the authenticity of the data that users provide about themselves or relationships they may describe. If you see any information about you that is inaccurate, you must report it to Theta Smart Corporate Solutions, and can do so by contacting us at contact@Theta Smart Corporate Solutionsjobs.com.

DISCLAIMER OF WARRANTY

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SERVICES AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND RELATED SERVICES PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY SERVICES OR INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM US WILL MEET YOUR EXPECTATIONS.

LIMITATION OF LIABILITY

YOU AGREE THAT OUR LIABILITY TO YOU FOR ANY DIRECT DAMAGES WILL NOT EXCEED THE GREATER OF TWO HUNDRED DOLLARS ($200) OR THE ACTUAL AMOUNT OF MONEY RECEIVED BY US FROM YOU DURING THE SIX (6) MONTHS PRECEDING THE DATE OF YOUR CLAIM AGAINST US. YOU AGREE THAT NEITHER WE NOR ANY OF OUR PARTNERS, AGENTS, AFFILIATES, OFFICES, DIRECTORS, REPRESENTATIVES, EMPLOYEES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO THE RESULTS OF YOUR USE OF THE SERVICES HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF WE WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify and hold Theta Smart Corporate Solutions and its partners, agents, affiliates, officers, directors, representatives, employees, third party providers and content providers harmless from and against any and all liabilities, claims, demands, losses, liabilities, costs and expenses, including attorneys’ fees, that arise out of or in connection with: (i) your use of the Services; (ii) your breach or violation of these Terms; (iii) your User Content and Theta Smart Corporate Solutions’s use of your User Content; or (iv) your violation of the rights of any third party, including third party providers.

Theta Smart Corporate Solutions Communications, Text Messaging and Telephone Calls

In order to provide our Services and help you to be successful on Theta Smart Corporate Solutions, we and others working on our behalf may need to communicate with you by telephone, email, short message service or text message (the “Alert Service”), or through notifications in our mobile applications (collectively, “Communications”).Most of these Communications will relate to your activity on Theta Smart Corporate Solutions (e.g., booking job interviews, being notified about gigs you are a match for, or identifying Workers for permanent or temporary positions), but some may be for other reasons.By using the Services (including our websites and mobile applications), you agree to receive Communications from us and our partners and affiliates, and you agree that Theta Smart Corporate Solutions and its partners and affiliates may contact you by telephone or text message (including by an automatic telephone dialing system) at any of the phone numbers (including wireless numbers) provided to us by you or on your behalf, including for marketing purposes, even if that number is registered on a federal or state do-not-call list. You understand that you are not required to provide this consent as a condition of providing or purchasing any services.

By providing your phone number and subscribing to our Alert Service, you:

(i) warrant that you are authorized to (a) enroll your designated mobile phone number in the Alert Service, and (b) incur any mobile message or data charges that may be incurred by participating in the Alert Service;

(ii) agree to accept and receive communications via phone call or text message to your mobile device at the mobile phone number you provided to us;

(iii) agree that you are responsible for managing the types of calls or texts you receive;

(iv) you acknowledge and agree that you are responsible for any charges from your mobile carrier; and

(v) Acknowledge and agree that general communications may be provided through automatic telephone dialing technology, an artificial voice or a pre-recorded voice.

You may request to stop receiving Communications from us at any time by contacting our support team at contac@Theta Smart Corporate Solutionsjobs.com. It may take a few days for us to process your request.

The Services also permit other users and Businesses to contact you or provide you notifications on their own behalf via telephone, email, short message service or text message. You agree to receive notifications from Businesses, Workers, References, and others at any of the numbers (including wireless numbers) you have provided to us through any means authorized under these Terms, including phone calls and text messages that use automatic dialing technology or an automatic telephone dialing system, or artificial voice or pre-recorded voice, even if that number is registered on a federal or state do-not-call list.

The Services also permit Workers to identify References and provide telephone numbers and other contact information for References. You agree that, if you provide us with such information, you have (i) obtained the References permission to share his, her, or its contact information with us and any Business from which you are seeking a temporary job (including a gig) or permanent job; and (ii) the Reference’s consent for us, our partners and affiliates, and any Business from which you are seeking a temporary job (including a gig) or permanent job to communicate with the Reference by any means, including phone call or text message, about a reference for you at the phone number or other contact source you provide for the Reference.

Intellectual Property Rights

We retain all rights and ownership in and to the Services (including all intellectual property rights therein), except as otherwise expressly provided herein. We always appreciate suggestions for enhancements and new features and functionality in our Services (“Ideas”), but if you communicate those Ideas to us in any way, you hereby give ownership of and assign those Ideas to us completely and we can do what we like with them without owing you anything.

Notice of Any Claimed Copyright Infringement (Digital Millennium Copyright Act Information)

We respect the intellectual property of others. If you think any content posted on our website or through our Services infringes your rights, please contact us at contact at ThetaSmartCorp@gmail.com Attention: Copyright Agent.

Please send the following information:

• A description of the copyrighted work that you claim has been infringed, including where on any of our platforms the material is located. Include enough information to allow us to locate the material, and explain why you think an infringement has taken place;
• A description of the location where the original or an authorized copy of the copyrighted material exists (for example, the URL where it is posted);
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
• A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Disputes, Governing Law and Venue

These Terms and any claim, cause of action, dispute or proceeding (“Claim”) arising out of or related to this Agreement shall be governed by the laws of the Province of British Columbia regardless of your country of origin or where you access the Services, and notwithstanding any conflicts of law principles. Subject to the arbitration terms and conditions set forth below, you agree that THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT AND/OR THE SERVICES (INCLUDING YOUR USE OF AND ACCESS TO Theta Smart Corporate Solutions’s MOBILE APPLICATIONS AND WEBSITES) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s intellectual property rights, or you have otherwise violated any of your use and access restrictions above, in which case the parties acknowledge and agree that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

1. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Theta Smart Corporate Solutions, whether arising out of or relating to these Terms (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Theta Smart Corporate Solutions are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement.

1. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

1. Pre-Arbitration Dispute Resolution

Theta Smart Corporate Solutions is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at thetasmartcorp@gmail.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Theta Smart Corporate Solutions at thetasmartcorp@gmail.com Attention: Legal (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Theta Smart Corporate Solutions and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Theta Smart Corporate Solutions may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Theta Smart Corporate Solutions or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Theta Smart Corporate Solutions is entitled.

1. Arbitration Procedures

You agree that any arbitration will be administered by JAMS, Inc. (“JAMS”) under its Comprehensive Arbitration Rules and Procedures then in effect for JAMS (“JAMS Rules”), or as otherwise mutually agreed by you and us. You agree that the arbitrator shall have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication, motions to dismiss and demurrers, prior to any arbitration hearing. However, the arbitrator shall not have the authority to decide issues of arbitrability or enforceability of this arbitration provision. Notwithstanding any contrary terms in the JAMS rules, the arbitrator will not have the authority to determine whether this Arbitration Agreement or any portion of it is enforceable, revocable or valid, the arbitrability of disputes, or whether claims may be arbitrated on a class, collective, or representative basis. The arbitrator shall have no authority to consolidate claims of different individuals in one proceeding, consider or resolve any claim or issue any relief on a class, collective, or representative basis. Notwithstanding any other part of this agreement, the validity and effect of this class, collective, consolidated, and representative action waiver must be determined only by a court and not by an arbitrator. You also agree that the arbitrator shall have the power to award any remedies available under applicable law, and that the arbitrator shall award attorneys’ fees and costs to the prevailing party, except as prohibited by law. You understand that Theta Smart Corporate Solutions will pay for any administrative or hearing fees charged by the arbitrator or JAMS except that you shall pay any filing fees associated with any arbitration that you initiate, but only so much of the filing fees as you would have instead paid had you filed a complaint in a court of law. You agree that the arbitrator shall administer and conduct any arbitration in accordance with British Columbia law, including the British Columbia Code of Civil Procedure. I agree that this Agreement and its validity, construction, and performance shall be governed by the FAA and cases decided thereunder and, to the extent relevant, the laws of the State of British Columbia. Further, the terms and procedures governing the enforcement of this Agreement shall be governed by and construed and enforced in accordance with the FAA, and not individual state laws regarding enforcement of arbitration agreements. You agree that the decision of the arbitrator shall be in writing. Unless Theta Smart Corporate Solutions and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. The arbitrator’s decision regarding the claims shall be final and binding upon the parties and shall be enforceable in any court having jurisdiction thereof.

1. Remedy

Except as provided by the FAA and this Agreement, arbitration shall be the sole, exclusive, and final remedy for any dispute between you and Theta Smart Corporate Solutions. Accordingly, except as provided for by the FAA and this Agreement, neither you nor Theta Smart Corporate Solutions will be permitted to pursue court action regarding claims that are subject to arbitration.

1. Voluntary Nature of Agreement

You acknowledge and agree that you are executing this Agreement voluntarily and without any duress or undue influence by Theta Smart Corporate Solutions or anyone else. You further acknowledge and agree that you have carefully read this Agreement and that you have asked any questions needed for you to understand the terms, consequences, and binding effect of this Agreement and fully understand it, including that you are waiving your right to a jury trial. Finally, you agree that you have been provided an opportunity to seek the advice of any attorney of your choice before signing this Agreement.

1. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.

Confidentiality

You recognize and acknowledge that, by virtue of using our Services, you may have access to certain information of Theta Smart Corporate Solutions or other users, including Workers and Businesses, that is confidential and constitutes valuable, special and unique property of another party. You agree that you will not at any time disclose to others or use, copy or permit to be copied, without that other party’s express prior written consent, any confidential or proprietary information of the other party, including, but not limited to (as applicable), information about the identity of Workers or their qualifications or other characteristics.

Notice

Theta Smart Corporate Solutions may give any notice under or required by these Terms by means of a general notice on or through the Services, email to your email address on record with Theta Smart Corporate Solutions, or by written communication sent by first class mail or pre-paid post to your address on record with Theta Smart Corporate Solutions. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or upon sending (if sent by email). You may give notice to Theta Smart Corporate Solutions, by sending an email at thetasmartcorp@gmail.com.

Miscellaneous Terms

If any provision in these Terms is found to be unenforceable, you agree that that provision will be eliminated or modified in the least disruptive way to preserve the intent of that provision and so that all the other Terms remain enforceable. Our failure to enforce any of these Terms does not mean we waive the right to enforce them. These Terms apply unless we have entered into a different, written agreement with you that specifically says these Terms do not apply. You agree not to share your Account or Account information (such as your username and password) with anyone. You also agree to the additional terms below applicable to the iOS and Android versions of our mobile applications. We may, from time to time, assign or transfer all or a portion of our assets to one or more third parties, and you agree to continue to be bound by these Terms, so long as the successor or assignee agrees to abide by its obligations under these Terms.