Terms of Service

Below you will find Music Leader Match’s terms and conditions and information about our cookie and privacy policies. We know we are giving a great deal of information. Music Leader Match does this for a reason: we want you to have as much knowledge about what we do for you at Music Leader Match as is possible. We do not want you to wonder about any of our processes or procedures or guess as to what your interaction with Music Leader Match means. We want you to understand it, which is why we must explain it in detail. We urge you to read these terms or any section of interest to you. You are agreeing to proceed under them.

Music Leader Match General Terms of Service

Last Updated: December 31, 2022

Introduction to Music Leader Match’s Terms of Service

Each time you access or use Music Leader Match’s online services (a) you represent that you have read and understand the Music Leader Match Privacy Policy and (b) you are agreeing to the terms and conditions of these Terms of Service (the “Agreement”) then in effect with the following entity or entities:

Music Leader Match may reject, remove, or limit visibility to any User Content (as defined below), and Music Leader Match may disable any account or restrict your ability to use all or parts of the Site, for any or no reason without notice. Although Music Leader Match may indicate why User Content or an account has been removed or disabled, we cannot give every reason why User Content or an account may be removed. We always retain the right to remove any User Content or account if we feel it is in our interest or our Users’ interest.

We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legends in each section of the terms and conditions indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site; charge, modify or waive any fees required to use 

This Agreement hereby incorporates by this reference any additional terms and conditions posted by Music Leader Match through the Site, or otherwise made available to you by Music Leader Match. In particular:

A. Terms of Service for Job Seekers

For purposes of this Section A of the Music Leader Match General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as a Job Seeker. As a Job Seeker, you are permitted to use Music Leader Match’s Site and its content solely for non-commercial purposes.

1. Job Listings or Job Listings

Music Leader Match may make available Job Listings advertising employment opportunities and other job-related content, including links to third-party websites (“Job Listings” or “Job Listings”), through Music Leader Match’s search results or otherwise through the Site. Searching for Job Listings on Music Leader Match is free for Job Seekers. 

Job Listings are created and provided by third parties over whom Music Leader Match exercises no control; you acknowledge and understand that Music Leader Match has no control over the content of Job Listings, links to or from Job Listings, or any conditions third parties might impose once a Job Seeker has submitted an inquiry or left the Site. If you leave the Music Leader Match Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. Music Leader Match has no obligation to screen any Job Listings, or to include any Job Listings, in its search results or other listings, and may exclude or remove any Job Listings from the Site or your search result without any obligation to provide reasoning for removal or exclusion. You understand and agree that Music Leader Match has no obligation to present you with any or all Job Listings. We cannot confirm the accuracy or completeness of any Job Listing or other information submitted by any Employer or other user, including the identity of such Employer or other user. Music Leader Match assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Listings, or other information submitted by any Employer or other user.

Music Leader Match may provide independent functionality to assist you. For example, Music Leader Match may provide search options to help you narrow down Job Listings search results by job type categories (i.e. full-time, part-time, etc.), and such categories are created independently and entirely by Music Leader Match, and may not directly or accurately reflect the content of the Job Listings. Music Leader Match may reformat Job Listings so that you may read them more clearly on a mobile phone. 

 

2. Resume and Profile

By creating a public resume through the Site or uploading a file resume on the Site you are requesting and authorizing Music Leader Match to make available Your Resume to anyone accessing our Site, such as Employers that Music Leader Match believes may have an interest in Your Resume, users of Music Leader Match’s Resume Search Program, or anyone with access to the URL associated with your public resume. We offer you the option to make Your Resume public to help you find a job. You are responsible for keeping Your Resume accurate and up-to-date.

Please note that Job Listings may expire between the time you submit your inquiry and from the time it is received. Music Leader Match has no responsibility for expired Job Listings or for delivering inquiries prior to a Job Listing’s expiration, and Music Leader Match and its third-party providers may store your inquiry and related information regardless of whether a Job Listing has been closed or is no longer available on the Site. You may contact the Employer directly to find alternative methods of application if you do not wish to inquire through Music Leader Match. By using the Music Leader Match system, you fully consent to the above.

By using Music Leader Match, you agree that Music Leader Match is not responsible for the content of the Employer’s job application, messages, questions, skills assessments or their format or method of delivery, and that Music Leader Match does not guarantee receipt of your inquiry by the Employer, or your receipt of messages from the Employer. Please note that Music Leader Match does not choose the questions asked by Employers or decide the job qualification criteria of Employers. Employers are solely responsible for compliance with all applicable laws, including the Fair Credit Reporting Act and similar laws, anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and any applicable data protection or privacy laws. Employers are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. 

Music Leader Match cannot guarantee that the Employer will consider such an inquiry or make a particular determination with regard to such an inquiry. Music Leader Match does not guarantee the identity of an Employer or any individuals working for any Employers, and cautions Job Seekers when applying to jobs. Music Leader Match cannot make any guarantee regarding health and safety measures in an Employer’s hiring or interviewing process. Music Leader Match recommends Job Seekers follow personal health and safety best practices as recommended by the World Health Organization or similar institution. Music Leader Match does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Job Seekers are solely responsible for verifying the accuracy of any Employer or job offer.

3. Job Matching and Recommended Jobs

Job matches are recommendations which may be presented to both you as a Job Seeker and to Employers in various formats on the Site. For example, Music Leader Match may recommend Job Listings which are similar to jobs to which you recently applied, or recommend Resumes to Employers which match Job Listings they post. 

To generate matches, Music Leader Match uses data collected through our Site from both Employers and Job Seekers. This includes Job Listings, Your Resume, your inquiry materials (including responses to employer questions), Music Leader Match Assessments, and your activity on Music Leader Match (such as searches you run and Job Listings you click on and send inquires to). You agree and consent that Music Leader Match may use this information to present potential matches to you and to potential Employers.

Music Leader Match may automatically send you recommended jobs via the email address you use to apply to a job or the email that is associated with your Music Leader Match account.

4. Communications and Other Actions on the Site

When you view, send, store or receive communications or materials (including Job Listings, resumes, message, questions, and any other information)  on or through the Site, you agree to your communication and materials being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other Music Leader Match policies, content moderation, and to improve the Site or any other Music Leader Match product or service whether via automated means or otherwise.

When an Employer views, sends, stores or receives communications or materials through or using the Site, Music Leader Match may inform you about such actions. Additionally, we may also inform you that an Employer has taken other actions with regards to a Job Listing, your Resume, or your inquiry, such as pausing or closing a Job Listing. As part of this functionality, you may receive messages, including but not limited to text messages, emails or email notifications corresponding with your or an activity on or use of the Site, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you accept an interview request, it is your responsibility to follow up with the employer separately to ensure they know your response, do not rely on notifications through Music Leader Match. Music Leader Match disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.

Music Leader Match may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address to the Employer. Once an Employer has your contact info, you agree that Music Leader Match is not responsible or liable for the manner in which the Employer uses the info. Music Leader Match may group messages together as part of a conversation on Music Leader Match Messages. This is done as a courtesy, and some messages related to the same conversation may not be grouped together. When communicating with an Employer through Music Leader Match, the Employer sender’s information may be displayed in different ways, for example, you may see the Employer’s company name or the name of the specific person sending the message, but you may not see all that info in all circumstances. If an Employer sends an email to multiple recipients (e.g. by adding additional aliased email addresses to the cc field in a third party email client), this may affect the way messages on Music Leader Match are displayed. In this case, it is best to view the email conversation in the third party email client. Should you choose to send an email from a third party email client, the person with whom you are communicating may be able to see your email address, rather than the alias.

As a Job Seeker, you agree that any rights you have under any applicable employment, equality or discrimination laws, the US Fair Credit Reporting Act, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries, may only be asserted against the Employer.

Music Leader Match is not a third-party beneficiary of or liable for any agreements between an Employer and Job Seeker, regardless of whether or not Music Leader Match receives a fee from the Employer in connection with the transaction. Music Leader Match will not be liable for any costs or damages arising out of or related to such transaction.

Your Job Seeker Data

As a Job Seeker, you take a variety of actions on our Site and you provide various information. For example, you search for jobs, and Music Leader Match knows and stores the titles of jobs you search for and click on, where those jobs are located, the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, your amount of activity or time of most recent activity on Music Leader Match, and any other information you provide directly to Music Leader Match including desired salary, past experience, any information in your Music Leader Match Profile, and any of your other behavior on the Site. You know exactly what this data is because you are the person who provided the information or undertook the activity and the data pertains only to your activity. By using Music Leader Match, you acknowledge and agree that Music Leader Match collects, records, processes, analyzes, and stores any and all information you provide and activities you take on the Site, and any and all interactions and communications you have with, on, or through the Site.

Governing Law and Dispute Resolution

This Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Missouri, United States of America. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in St. Louis, Missouri, U.S.A. The application of mandatory provisions limiting the choice of law and in particular the application of mandatory laws of the country in which you have your habitual residence, such as consumer protection laws, shall remain unaffected.

You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.

B. Terms of Service for Employers(Organizations)

The following terms and conditions apply to all Employers (organizations) and other users who access or use the Site as intended for individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties, or otherwise indicate their acceptance to this Agreement. 

For purposes of this Section B of the Music Leader Match General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as an Employer or other user as described above.

1. Employer Accounts

When you create a Music Leader Match account, a Company Page or post job listings advertising employment opportunities and other job-related contents, including links to third-party websites (“Job Listings” or “Job Listings”) on the Site, whether as part of the Music Leader Match Ads Program or otherwise, you agree that this Agreement, the terms associated with any Music Leader Match service you are using, and all of Music Leader Match’s policies, including the Music Leader Match Privacy Policy apply to you.

When you create an account on behalf of an Employer, the account belongs to the Employer, and you acknowledge that any and all information that you provide Music Leader Match through the account, such as the actions you take and when you take them, will be visible to the Employer.

As an Employer, your account is for business use and not for personal use. Music Leader Match is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for a Music Leader Match account, you agree to receive mandatory email updates regarding account activity to your Music Leader Match account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms. 

Music Leader Match may offer suggestions, recommendations, or information to users that may support or improve their experience on Music Leader Match Sites. You understand that these offerings are provided as a courtesy and without warranty, and your use of such information is at your sole discretion. As an Employer, you are responsible for your use of the Site and any tools offered therein, including your decisions regarding your job description, the requirements for your job, compliance with applicable laws, including relevant federal, state, and local laws related to job postings, and whom you interview or hire. Music Leader Match assumes no responsibility and disclaims all liability for any actions you take based on any information provided by Music Leader Match. Music Leader Match may limit your ability to post a job, or the visibility of your job, if it does not appear to indicate a salary above minimum wage, wage transparency laws, or does not comply with other applicable law; however Music Leader Match is not responsible for, and you are solely responsible for, compliance with minimum wage and other legal requirements.

2. Employer Services  

When you use Music Leader Match candidate management tools, you acknowledge and agree that Music Leader Match may make available functions allowing you to take actions regarding the Job Seeker, such as tools for setting up an interview and viewing a resume.  Music Leader Match may assemble the candidate’s inquiry materials, resume, assessment responses and other information the candidate provides to Music Leader Match into one document or webpage. You further agree that Music Leader Match is not responsible for maintaining or storing such inquiry materials, and that you are responsible for your own compliance with any applicable record retention, reporting requirements or other applicable law. By using these tools you consent to any information shared through Music Leader Match being processed according to this Agreement and Music Leader Match’s Privacy Policy. Music Leader Match may store such information regardless of whether a job vacancy has been filled. Employers agree to review the inquiry and not to use such inquiries as the basis for employment decisions.

You are responsible for the contents of your emails, application form, employer questions or their format, criteria you set for inviting candidates to interview, Company Pages that you create, update, or manage any Job Listings that you post, and any messages that you send through Music Leader Match or otherwise, and agree that Music Leader Match is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that you are solely responsible for compliance with applicable law for all content on the Site, including minimum wage requirements, wage transparency laws, or any other law. If you close or change any Job Listings that you post, you agree to promptly update such Job Listings on Music Leader Match or otherwise notify Music Leader Match.  Music Leader Match may provide you with a mechanism for responding to requests for accommodations from Job Seekers. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You are responsible for clearly indicating that reasonable accommodations are available, engaging with and responding to any requests for accommodation, and providing information about how to request an accommodation to Job Seekers.

You agree that Music Leader Match may reject or remove any Job Listing or any questions for Job Seekers for any or no reason. For example, Music Leader Match may remove any Job Listing or question that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing or question specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing or question implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing or question that directly or indirectly discriminates against Job Seekers or otherwise violates applicable law. Music Leader Match further does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. You are solely responsible for checking your Employer dashboard to view job inquiries and other information. Any notifications, such as emails, you may receive about inquiries or other activities, are provided solely as a courtesy to you and you should not rely on them.

In the event a message being sent is intended for a closed account, these messages will not be deliverable. If you do not feel comfortable sending a message to a Job Seeker through Music Leader Match, please contact the Job Seeker via another method. Music Leader Match has no ability to verify the contact information provided by you. In the event you provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Seekers, and you indemnify Music Leader Match for any damages resulting therefrom.

When Job Seekers inquire about your Job Listing, Music Leader Match may request that they provide certain demographic information, such as race and ethnicity, gender, age, LGBTQ+ community membership, and disability status, as well as whether they have an arrest or conviction record (“demographic data”). By using the Program, you agree that Music Leader Match may collect demographic data from Job Seekers inquiring to your Job Listing, and that Music Leader Match may use it to evaluate and improve our products. You further agree that you as an Employer have no ability, right, or entitlement to view or access demographic data pertaining to any Job Seeker or related to any employer by any means including civil discovery, subpoena, or any other legal process without their permission. You agree you are solely responsible for complying with all applicable nondiscrimination laws. Music Leader Match disclaims any warranty regarding the demographic composition of Job Seekers applying to any particular job.

Music Leader Match may, on your behalf, send out reminder emails to Job Seekers you wish to interview. Music Leader Match may also send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume. You further acknowledge that Music Leader Match has no discretion in the transmission or storage of these or all other rejection notifications (which is purely mechanical), that transmission or storage is not guaranteed, and that the Job Seeker may not have answered the employer questions accurately. 

You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You further agree that Music Leader Match has no discretion in the transmission or storage of these interview invitations (which are purely mechanical), that transmission or storage is not guaranteed, and that the information the Job Seeker provided to Music Leader Match may not be accurate. Music Leader Match may request that Job Seekers confirm their interest in the position before scheduling an interview. It is ultimately the Employer’s responsibility to confirm whether any interviews were scheduled, or to reschedule or cancel interviews if necessary. The decision of who to interview is decided solely by the Employer, who can choose to interview any Job Seeker at any time, and by scheduling such interviews, Music Leader Match does not warrant that a Job Seeker is qualified, meets the criteria the Employer has set, or that the information provided by the Job Seeker to Music Leader Match is accurate. Music Leader Match candidate management tools are intended to allow Employers to more efficiently connect with Job Seekers as they determine, and the sole responsibility for the content of any employer question, any decision to proceed or not proceed with interview or offers, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of candidate management tools is solely with the Employer. By using this and other candidate management tools, you acknowledge and agree that Music Leader Match is not procuring employees for Employers or procuring opportunities to work for Job Seekers, and that Music Leader Match does not act as your employment agency by offering these management tools.

Music Leader Match does not verify the identity of any Job Seekers who inquire about your job listing, nor does Music Leader Match know a Job Seeker’s motivation for inquiring about your job listing, and thus provides no guarantee as to the Job Seeker’s qualifications or interest in your job listing. 

You shall indemnify, defend and hold harmless Music Leader Match, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Company Page created or claimed by you, or any Job Listing (or answers thereto) posted by you, or any message sent by you. Music Leader Match may make Job Listing analytics data available on a Company Page or elsewhere on the Site, and may provide analytics data regarding your Employer account to anyone at your company at Music Leader Match’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Music Leader Match product, Music Leader Match reserves the right to suspend or terminate your use of that Music Leader Match product as well as any other Music Leader Match product, including but not limited to those Music Leader Match products where you do not have an unpaid invoice or account balance. Music Leader Match may elect to apply (i) penalties for late payment as per contemporaneous US Federal Reserve interest rates plus 10% or the maximum interest permitted by law, whichever is lower and (ii) a statutory lump-sum indemnity for recovery cost, if provided for under applicable laws, and (iii) any reasonable expenses and attorney fees Music Leader Match incurs collecting such late payments.

When you view, send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, Music Leader Match may for any purpose, for example, use such materials for data analysis, quality control, or to refine the Site or any other Music Leader Match product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When you view, send, store or receive materials through or using the Site or when you simply use or visit the Site, Music Leader Match may inform a Job Seeker that you have taken an action, for example, with regards to a Job Listing, Job Seeker’s Resume, responding to the Resume or inquiry, and making a decision with regards to the inquiry or Job Listing, and you hereby consent to Music Leader Match taking such actions.

It is your responsibility to regularly review Music Leader Match Site for the most up-to-date information (including, but not limited to, explanations about how features work, disclaimers and disclosures regarding the services provided, method for charging) about Music Leader Match’s products and services. 

You acknowledge that as part of its efforts to combat fraud and spam, Music Leader Match may require that users verify their email address, including Job Seekers inquiring about your job. However, email verification is not guaranteed. You are responsible for your use of any software that rejects applications from unverified email addresses. 

You further acknowledge that compliance with any governmental record-keeping requirements, such as the Office of Federal Contract Compliance Programs’ (OFCCP) internet applicant record-keeping rule, is your sole responsibility. 

3. Job Match

Job matches are recommendations which may be presented to both you as an Employer and to Job Seekers in various formats on the Site. For example, Music Leader Match may recommend Resumes which match Job Listings you have posted, or recommend Job Listings to Job Seekers which are similar to jobs to which they have recently applied. 

To generate matches, Music Leader Match uses data collected through our Site from both Employers and Job Seekers. This includes Job Listings, Resume, inquiry materials, Music Leader Match, and user activity on Music Leader Match (such as searches run and Job Listings clicked on and applied to). You agree and consent that Music Leader Match may use this information to present potential matches to you and to potential Job Seekers.

4. Salary, Applies or Other Information Provided by Music Leader Match

Music Leader Match may provide some information and content to users for informational purposes only. For example, Music Leader Match may provide Job Seekers with data regarding estimated salaries for a given Job Listing, number of inquiries to a Job Listing, responses to certain questions for a Job listing. All such figures provided by Music Leader Match are estimates given for informational purposes only, may come from a third party, and they are subject to change or varying levels of accuracy. 

Music Leader Match may offer job post templates for informational purposes only. By using any of this content, you adopt it as your own and are responsible for making it true, appropriate and compliant with all applicable laws. All content provided by Music Leader Match is for informational purposes only, may comprise or be based on information provided by third parties, is provided without warranty, and is subject to change and varying levels of accuracy. 

5. Screening Tools

Music Leader Match may make available to you screening tools for your use for candidates who apply to your job, including employer questions, phone screen tools and assessments. Music Leader Match is licensing these tools to you for your use as you determine. By using any screening product, made available to you by Music Leader Match, you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you, and are not being asked by Music Leader Match. You agree you are solely responsible for the use of such screening tools in compliance with the law, such as: the Fair Credit Reporting Act and similar state statutes; applicable employment, equality or anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and other similar federal, state, and local laws; and any applicable data protection or privacy laws. You agree that an Assessment is only designed to evaluate a particular knowledge, skill, or ability. It does not evaluate a Job Seeker’s qualification for any job nor their ability to safely perform a job. Whether a particular skill is relevant to a job, or whether a Job Seeker is qualified or appropriate for a job, is decided solely by you. You agree to use an Assessment in combination with other selection and hiring processes to measure only those knowledge, skills or abilities and/or other characteristics that are 1) job-related and 2) required for a candidate’s first day on the job. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You are responsible for clearly indicating that reasonable accommodations are available, engaging with and responding to any requests for accommodation, and providing information about how to request an accommodation to Job Seekers. Music Leader Match shall direct Job Seekers who reach out to Music Leader Match with an accommodation request to you via the contact information you provided to Music Leader Match, and you are responsible for monitoring your inbox for such requests. Each disability is unique and Music Leader Match does not warrant compliance with the Americans with Disabilities Act or any equivalent or similar law. You agree to indemnify Music Leader Match for any and all claims arising out of your use of a screening tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or similar law, or that your use of any screening tool results in a “disparate impact.” 

6. Communication through Music Leader Match

You may receive messages, emails or email notifications corresponding with your or a Job Seeker’s activity on or use of the Site or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you wish to interview a Job Seeker, it is your responsibility to follow up with the Job Seeker separately to ensure they know about the interview, do not rely on notifications through Music Leader Match. Music Leader Match disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.

Music Leader Match may mask or hide contact information, such as phone numbers and email addresses, and substitute it with an alias. For example, Music Leader Match may mask Job Seeker contact information from resumes or inquiries. Music Leader Match may also mask your email address or phone number, and Job Seekers may see an alias email address or phone number when they communicate with you. You agree to a Job Seeker contacting you from a masked phone number or email. If you contact a Job Seeker from a masked phone number and you do not leave your contact information, after the masked number expires, the Job Seeker may not be able to contact you by phone unless you have provided your actual contact information to them. Once a Job Seeker has your contact info, you agree that Music Leader Match is not responsible or liable for the manner in which they may use the info.

When communicating with a Job Seeker through Music Leader Match, the Employer sender’s information may be displayed in different ways, for example, it be may be displayed as the Employer’s company name or the name of the specific person sending the message, but you or the Job Seeker may not see all that info in all circumstances. Should you choose to send an email from a third party email client, the person with whom you’re communicating may be able to see your email address, rather than the alias. If you send or receive communication on or through the Site, you agree to your communication being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other Music Leader Match policies, content moderation, and to improve the Site or any other Music Leader Match product or service.

If you, or anyone on your behalf, send or receive communication on or through the Site (including by sending or receiving communication to/from an email address aliased by Music Leader Match and/or by using a different email address from the one associated with your account), you agree to the communication being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other Music Leader Match policies, content moderation, and to improve the Site or any other Music Leader Match product or service.

Specifically, if you post a Job Listing directly on Music Leader Match, inquiries are sent only to your Music Leader Match dashboard; any other notifications you may receive are provided solely as a courtesy to you. Music Leader Match reserves the right to turn on or enable chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify Job Seekers that chat or other communication options are available for a particular job or Employer

Upon your request, Music Leader Match may extend invitations to additional representatives at your company to join Virtual Interviews. You understand and agree that Music Leader Match will extend such invitations on your behalf based on the email addresses you provide for those representatives but Music Leader Match is not responsible for inaccuracies in the contact information you provide. Further, Music Leader Match is not responsible, and you are solely responsible for the conduct or actions of your representatives. You represent that you have the authority to bind your additional representatives to Music Leader Match’s Terms, and by extending invitations to your representatives, you are binding them to Music Leader Match’s Terms.

You understand that Music Leader Match is only providing the option for you to communicate with Job Seekers via services that may be offered by third-party providers. Music Leader Match is not a party to your Virtual Interviews and is not a participant in any arrangements you make with Job Seekers. You are responsible for any requests for accommodations from Job Seekers. For example, if a sign language interpreter is requested, it is your responsibility to provide one if you are legally obligated to.

7. Company Profile  

When you post a Job Listing directly on Music Leader Match, you understand that Music Leader Match may display publicly available information about your company on the Company profile, in accordance with applicable law. You authorize Music Leader Match to claim such Company profile for you on your behalf, which will be marked as a “Claimed Profile” (or similar wording) and allows you to edit and add information to the Company Profile. Company Profiles allow User Content (as defined below) to be posted by individuals that may not be affiliated with the Company identified on the Company Page. Additionally, Music Leader Match may include all of your Job Listings posted on the Site on your Company Profile, including those posted directly on Music Leader Match as well as those indexed by Music Leader Match from other sources. You agree that you are solely responsible for any content you edit or put on a Company Profile, whether generated by or for you, including photograph(s) or videos you provide, and third-party websites reachable from content you put on a Company Profile.

8. Governing Law and Dispute Resolution

This Agreement and any Dispute arising out of or in connection with this Agreement or related in any way to the Site will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the laws of the State of Missouri. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in St. Louis, Missouri, U.S.A

You also hereby waive any right to a jury trial in connection with any dispute, action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.

9. Class Action Waiver

By using the Site and in return for the services offered by Music Leader Match, you acknowledge that Music Leader Match can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue Music Leader Match as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Music Leader Match regarding your use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court.

10. Indemnification

You shall indemnify, defend and hold harmless Music Leader Match, its agents, affiliates, and licensors from any claim or liability (including without limitation reasonable legal fees) arising out of or related to: (a) your violation of any term of this Agreement; (b) your use of, and access to, the Site or any Music Leader Match product, program, or service; (c) your loss of, or disclosure of, information gained from using the Site or any Music Leader Match product, program, or service; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws (this includes any claims that Music Leader Match as your agent violated any such laws); (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; (g) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Job Seeker; or (h) the activities of any third-party service providers you engage to assist you with activities related to your use of Music Leader Match products and services, such as, but not limited to: facilitate your sourcing activities or track the conversion rates of job seeker through to job applicant. This defense and indemnification obligation will survive this Agreement and your use of the Site or any Music Leader Match product, program, or service.

Terms of Service for All Users

The following terms and conditions apply to everyone who accesses or uses any part of the Site, or attempts to do so, or otherwise accepts this Agreement.

When you access or use the Site, you agree to the terms and conditions of this Agreement. You agree that Music Leader Match may perform the activities described in this Agreement, and you acknowledge that otherwise the Site cannot work as intended. You agree not to submit or post any commercial communications to the Site. Using the Site for commercial communications is a violation of this Agreement. If you disagree with any part of this Agreement or you do not wish to authorize the activity it describes, do not use the Site. You agree you have read and acknowledge Music Leader Match’s Cookie Policy and Privacy Policy.

1. When You Use Our Site

By using Music Leader Match, you acknowledge and agree that Music Leader Match collects, records, processes, analyzes, and stores any and all activities you take on the Site, and any and all interactions and communications you have with, on, or through the Site. This includes: which areas of the Site you visit (including URLs), which content you view, which info you input, whether and where you click, scroll, hover-over, mouseover, or otherwise interact with or communicate with or through the Site, the timing of each activity, and time spent on each activity. Music Leader Match collects this data from everyone using the Site, including users of private browsing mode, “incognito mode,” or similar modes. Music Leader Match may use vendors as an extension of the Site to collect, record, process, analyze, and store this data. You authorize Music Leader Match to make any connections with wires, lines, cables, or instruments, including with communication systems, that it may decide to make from time to time in connection with operating the Site. You acknowledge that the foregoing is necessary to the operation of the Site.

Occasionally, Music Leader Match tests improvements and updates to our Site and services, which may affect various aspects of the Site such as the ad delivery system, audience, ad performance, ad placement, profiles, resumes, resume search, job search, recommendations, alerts, or formatting. You agree that Music Leader Match may conduct such tests without notice to you. Music Leader Match’s services and their availability may differ by location, and you should check the Site in your location to see which services are available to you.

Music Leader Match may offer suggestions, recommendations, or information to users that may support or improve their experience on the Site. These offerings are provided as a courtesy and without warranty, and are based on information provided by other users, and your use of such information is at your own risk. Music Leader Match assumes no responsibility and disclaims all liability for any decisions you make, or actions you take, using information obtained through the Site.

2. User Content

Some parts of the Site, or our APIs, allow users to post content or data such as Job Listings, resumes, reviews, information, text, images, audio, video, messages, and other materials. This functionality helps users find information about potential jobs, schools and certifications, employers, and candidates. Any data that a user or other party submits, posts, publishes, displays, or makes available on or through the Site, or otherwise provides to Music Leader Match, is called “User Content.” User Content includes Job Listings, Resumes, company reviews, school reviews, certification or license reviews, and messages sent through Music Leader Match.

Music Leader Match is not responsible for User Content, which may be inaccurate, incomplete, misleading, or deceptive. Music Leader Match does not know whether User Content is true. Any opinion, fact, advice, information, or statement in User Content is the sole responsibility of its original author, who may use anonymous identifiers. You may come into contact with content that you find harmful, offensive, threatening, indecent, or objectionable. User Content may not be reliable or suitable for use in a legal proceeding. You acknowledge that Music Leader Match has no obligation or liability with regard to publishing, monitoring, or removing User Content. Music Leader Match also has no obligation or liability regarding the accuracy of User Content which may be translated on our site through a Google Translate API.

If you provide User Content, it must comply with the Site Rules (below). Your User Content must not be unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, irrelevant, or unconstructive. Your User Content must not contain sexual, ethnic, or racial or other discriminating slurs. Your User Content must not contain proprietary information, trade secrets, intellectual property of another person, or confidential information. Your User Content must not contain spam, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or any other commercial communication besides Job Listings under this Agreement. Your User Content must not be harmful to anyone, especially minors.

You may not post official identification information, such as a social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information on the internet may lead to identity theft for which Music Leader Match cannot be responsible.

Music Leader Match may monitor and screen User Content and may use it to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. In some cases, if we determine that your User Content or actions have violated our Terms or any Music Leader Match policy or are detrimental to other users, we may place restrictions on other accounts that we suspect are affiliated or associated with you. If you believe that any User Content violates this Agreement or our policies, please contact Music Leader Match. However, detection methods are not perfect and false positives or false negatives may occur. Music Leader Match has no obligation to monitor any particular user or User Content, and Music Leader Match makes no guarantee that any particular User Content will be removed.

Music Leader Match reserves the right to disclose all User Content, and any other relevant information and circumstances, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that Music Leader Match may honor subpoenas, search warrants, law enforcement or court-mandated requests to disclose User Content you have provided. Your identity may be discoverable via such legal requests, even if you post confidentially or anonymously.

Music Leader Match is an interactive computer service, has no obligation to host or remove any particular User Content, and may exclude or remove any User Content from any part of the Site or services for any or no reason. Music Leader Match has no obligation to include any User Content in any part of the Site (for example, Job Listings in search results). Whether any User Content violates any Music Leader Match policy, whether to publish or to withdraw from publication any User Content, and whether to exclude any material that any party seeks to post on Music Leader Match, will always remain within the sole discretion of Music Leader Match. You agree that Music Leader Match has no liability or obligation to you or anyone else arising from its editorial decisions.

3. License to User Content and Feedback

When you provide User Content you grant Music Leader Match a license to use it. Specifically, you grant Music Leader Match a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, transferable, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reformat, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content you post or submit, for the purpose of publishing material on the Music Leader Match website or its publishers or third party sites, maintaining or improving the Music Leader Match website, and promoting Music Leader Match and such User Content without restriction. No compensation in any form shall be due or payable to you in connection with Music Leader Match’s exercise of its rights under the license granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, Music Leader Match’s exercise of these rights, you hereby waive any and all rights to such compensation to the maximum extent permitted under applicable law. Music Leader Match shall terminate this licensed use within a commercially reasonable term after User Content has been removed from the Music Leader Match website. Music Leader Match reserves the right to refuse to accept, post, display or make available any User Content at its sole discretion.

Furthermore, you grant to Music Leader Match, its affiliates, and sublicensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any Music Leader Match marketing materials containing or incorporating such User Content, or (iii) any actions by Music Leader Match to promote or publicize such User Content (e.g. Job Listings), such as the use of keywords in third-party internet search engines. To any extent that such User Content contains your name, likeness, voice or image, you hereby irrevocably waive all legal and equitable rights relating to claims for violation of your rights of publicity (or any similar claims) arising directly or indirectly from Music Leader Match’s exercise of its rights pursuant to the license granted hereunder.

You represent and warrant that: (i) you own the User Content that you provide, or that you have the right to grant this license, (ii) your User Content, and Music Leader Match’s use of it, will not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or other rights of any person, and (iii) use of your User Content will not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person by reason of such User Content. You agree to defend, indemnify and hold harmless Music Leader Match and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow Music Leader Match to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content.

At your discretion, you may provide feedback or opinions about Music Leader Match or the Site, such as identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). Music Leader Match is free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone.  If you provide Feedback to Music Leader Match, you hereby grant to Music Leader Match a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. Music Leader Match may disclose any or all Feedback to any third party in any manner, and may sublicense any or all Feedback in any form to any third party without restriction. Accepting any Feedback does not constitute a waiver of any rights to use similar or related ideas previously known to Music Leader Match, or developed by its employees, or obtained from sources other than you.

4. Site Rules

When using our Site and services, you agree to these Site Rules and any other rules or policies posted on the Site. Breaking our rules is a material breach of this Agreement and an unauthorized use of the Site.

Do not directly or indirectly:

• Access the Site other than through the web or app interface publicly provided by Music Leader Match, or otherwise access systems without express authorization.
• Provide any false, fake, or fictitious information.
• Provide any code or data with the intent or effect of damaging, disrupting, disabling, harming, impairing, interfering with, intercepting, expropriating or otherwise impeding, the Site or any data, program, system, equipment or communication, or that would cause a violation of any applicable law.
• Access any data, especially personal data, without permission.
• Bypass any limitations or suspensions of functionality.
• Interfere with others’ use of the Site.
• Modify, adapt, translate, reformat, resell, frame, or reverse engineer any portion of the Site.
• Remove any copyright, trademark or other proprietary rights notices.

You may not use the Site to:

• Harm anyone or violate the rights of anyone, including the right of publicity, right of privacy, or intellectual property rights.
• Provide false information.
• Transmit or store biometric information or biometric identifiers.
• Promote or encourage illegal activity.
• Promote pyramid schemes, multi-level marketing programs, jobs that require payment to start, or any topics we consider detrimental to our users.
• Send unsolicited commercial messages, or any other unlawful communications.
• Imitate or impersonate another person, or create false accounts.
• Send messages to users who have asked not to be contacted.
• Sell personal data.

We reserve the right to monitor all activity on the Site and to not pass on or deliver any message or communication that may be malicious, spam, fraudulent, or unwanted, or for any other reason. This includes attachments of any type, scripts, macros, or any other form of code. You agree the determination of what constitutes spam is in Music Leader Match’s sole discretion. Music Leader Match may use data collected through the Site to make such a determination. Music Leader Match reserves the right to interact with users through the Site, including to investigate whether users are violating these Rules. Music Leader Match reserves the right to turn over any information gathered via such investigations to law enforcement or other third party.

You may not use or misappropriate the Site for your own commercial gain. You may not crawl, scrape, data mine, extract data from, reproduce, duplicate, copy, sell, exploit, trade or resell any part of the Site, except as expressly permitted by Music Leader Match beforehand, in writing. You may not use any automated system or software, whether operated by a third party or otherwise, to violate any of Music Leader Match’s rules. You agree to comply with all applicable laws and regulations, including U.S. or other export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. 

5. Accessing External Sites

The Site links to other sites on the internet which are owned and operated by third parties (“External Sites”), for example Employer websites, Applicant Tracking Systems, or promotional websites. Links to External Sites may be found in User Content available through Music Leader Match (for example, Resumes or Job Listings). Music Leader Match is not responsible or liable for any External Site, including availability or content. Links to External Sites may be removed at any time. Any concerns regarding an External Site should be directed to the responsible third party.

Music Leader Match has no control over what happens on External Sites. If you visit an External Site and complete a transaction outside Music Leader Match, you are entering into an agreement with a third party, alone and at your own risk. You are giving the third party your data directly, and your rights and their obligations are determined by its privacy policies and terms of service. Music Leader Match disclaims all liability from anything that may occur when you utilize or transact with such third parties. We are additionally not responsible for any payment that may be asked of you by such third party.

If you choose to use the third-party link and its services or products, you are contracting directly with the Third-Party Service, and Music Leader Match is not a party to this contract. Further, you agree to fully indemnify and defend Music Leader Match for any claims arising out of your use of a Third-Party Service’s services or product provided to you by a Third-Party Service.

The Site may include information provided by third-party APIs, which is subject to additional terms and conditions imposed by those third parties. For example, the Site may include Google Maps features and content, which is subject to the current versions of: (1) the Google Maps/Google Earth Additional Terms of Service; and (2) the Google Privacy Policy. Company Page data from Japan may come from Toyo Keizai Shinpo Inc.

5. Creating and Accessing Your Account

Some areas of the Site require you to register, provide and verify an email address, or create an account. You agree to provide information that is true, accurate, current, and complete. You may not create multiple accounts, or create accounts by automated means.

Music Leader Match may send you a notice relating to account security, such as informing you that you may have recently interacted with a compromised account. Music Leader Match cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that Music Leader Match bears no responsibility for doing so. Music Leader Match makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.

6. Your Contact Information

As part of the Services, Music Leader Match may contact you through your Music Leader Match account or through other means such as email, telephone (including mobile phone), or postal mail, including with contact information that you may provide to Music Leader Match or that Music Leader Match may otherwise obtain from third-party sources.

By providing Music Leader Match with a phone number, you confirm that you are the primary user and subscriber to the telephone number entered, and you expressly agree to receiving calls and texts at that number, including if it is a mobile number.

You may revoke your consent to receive text messages by terminating the Agreement through closing your Music Leader Match account. Music Leader Match cannot be responsible for third parties to whom you have provided your phone number.