Employer Account Terms and Conditions
By creating an Employer Account and/or posting a Job Listing with The Way Out, INC. (“The Way Out”) on www.thewayouthelps.com or its related mobile app (jointly and severally, the “Site”), You represent that You have read and understand the terms and conditions set forth in this Employer Account Terms and Conditions Agreement (“Employer Agreement”) and agree to the terms of this Employer Agreement. In addition to the terms of this Employer Agreement, by creating an account, using and accessing the Site, You further agree to be bound and comply with The Way Out's general terms and conditions which are hereby incorporated by reference into this Employer Agreement and can be located at https://www.thewayouthelps.com/terms/.
This Employer Agreement shall be effective on the date You first create an Employer Account, an employer page, or post a Job Listing on the Site.
You understand that the purpose of the Site is to create a platform where justice-involved individuals (“Job Seekers”) can create an account and search for employment opportunities with companies that voluntarily join this Site to offer employment to individuals known to have prior or current justice-involvement. We believe this will break down barriers to entry often faced by justice-involved individuals when reintegrating into the workforce.
Profile and Membership
I. Eligibility and Registration
An Employer Account on the Site is an account which, when completed, allows an Employer to post offers or listings for employment opportunities and other job-related content (“Job Listings”) on the Site and to view applications and profiles of Job Seeker registered with our Site. To register for an Employer Account, You must:
- Be 18 years or older;
- Sign up with a valid email address and business name;
- Create and hold secure a password for the account;
- Agree to the terms and conditions of this Employer Agreement; and
- Agree to the Site's Privacy Policy found at https://www.thewayouthelps.com/privacy/
- Agree to any additional agreements presented by The Way Out as a condition to use, including any agreements which describe fees or dues for Employer to access and utilize the Site.
When You access or use the Site in your capacity as an owner, employee, agent, or other representative of an Employer, or if You create an Employer Account on behalf of an Employer, You represent and warrant that You have the authority to bind the Employer to this Agreement. When You create an account on behalf of an Employer, the account belongs to the Employer, and You acknowledge that all information that You provide through the account, including the actions You take and when You take them, will be visible to the Employer and other users of the Site and represent and warrant that You have the authority to disclose such information to the public.
As an Employer, your account is for business use and not for personal use. The Way Out is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for an Employer Account, You agree to receive email updates from The Way Out as it relates to Your Employer Account, Job Listings, or Your other activities on the Site. You acknowledge that as part of its efforts to combat fraud and spam, The Way Out may require that users verify their email address; however, email verification is not guaranteed. You are responsible for Your use of any software that rejects applications from unverified email addresses.
II. Employer Accounts
Upon meeting the requirements to create and creating an Employer Account, You will be asked to provide certain personal information to complete Your Profile. Your Profile consists of the information you provide on the Site. The information You share may be used in conjunction with the display and notice of any Job Listings You post and may also be used by The Way Out in presenting Your Job Listings to available and applicable Job Seekers. The information on Your Employer Account may be made available to third parties, such as potential Job Seekers and will be shared with third parties as set forth herein.
By submitting, disclosing, or otherwise uploading information to Your Account, You are requesting and authorizing the Site and The Way Out to review, scan, and use the information You share on Your Profile. The Way Out may share Your Job Listings with Job Seekers and on the Site generally. You are responsible and fully liable for ensuring the validity of any information You share on Your Employer Account and on any Job Listing You create on the Site. The Way Out reserves the right to terminate Your membership and Account at any time under its sole discretion if any information on Your Account is false, misleading, fraudulent, obscene, lewd, or otherwise inappropriate for the Site and its users.
The purpose of Employer Accounts and the Site is to allow employers and individuals seeking employment to connect with the goal of reducing personal biases. While The Way Out does not monitor Employer Accounts or regularly verify the information posted by Employers on the Site, Employer Accounts should be used, and Job Listings posted only by entities or individuals who operate legal businesses, have the capacity to offer employment to Job Seekers, and are currently seeking individuals for immediate employment. If an Employer Account is created or used for nefarious or improper means, The Way Out will terminate and deactivate the Account immediately upon discovery.
Job Listings
To receive a list of potential Job Seekers that may be qualified for Your employment opportunity, You must create a Job Listing in Your Employer Account. When You create or post a Job Listing, the Site will present several prompts for You to insert information relating to the employment position that You are submitting for the Job Listing. These categories and prompts are tools to aid in the creation of the Job Listing, however, You hereby agree that Your use of the tools is solely under Your sole control and at Your sole discretion. The Way Out will not actively partake in the creation of any Job Listing and disclaims any liability for the Job Listings You create or post on the Site. One of the tools that can be used, but is not required to be used, is the option for Employers to identify certain categories of criminal offenses for which the Employer has determined, in accordance with State, Federal, and local law, preclude the Job Seeker from being eligible for the respective Job Listing. If an Employer identifies one or more criminal offenses that would preclude a Job Seeker from being eligible for a Job Listing, then Job Seekers having a history of those offenses may not be able to view or apply for the Job Listing. When used by Employers, the criminal offense tool for a Job Listing has the effect of potentially denying individuals employment opportunities. As such, Employers are solely responsible for the use and any discriminatory effects stemming from their use of the tool, and The Way Out disclaims any liability stemming from an Employer's use of the criminal offense tool, including but not limited to any claims for employment discrimination, such as arrest or conviction record discrimination.
You are responsible for ensuring that your selection criteria are job-related, that You do not pose “disability-related inquiries,” medical inquiries, or any other 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 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 shall indemnify, defend and hold harmless The Way Out, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Employer Account or Job Listing created or claimed by You, or any Job Listing or screener questions (or answers thereto) posted by you, or any message sent by You.
You are responsible for the contents of your emails, application forms, screener 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 the Site or otherwise. You acknowledge and agree that The Way Out is not responsible for any content that You post or create 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 You post or create on the Site, including minimum wage requirements, wage transparency laws, employment discrimination 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 the Site. The Way Out has not provided, and will not provide, any legal advice to any Job Seeker or Employer, or any other third party who uses or accesses the Site.
The Way Out may reject or remove any Job Listing or any questions for Job Seekers for any reason or no reason at any time. The Way Out 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 the status of Your Job Listings, applications received, and communications between You and any Job Seeker. The Site shall not be used as an employee onboarding or personnel file. The Way Out is not responsible for the maintenance or retention of any documents uploaded to the Site by You or a Job Seeker. All application materials and other documents uploaded by a Job Seeker in response to a Job Listing must be separately retained by the Employer. The Way Out does not guarantee access to such documents for any duration or time period.
Job Matching
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, given the unique nature of the Site, Job Listings may be sorted and viewable to job seekers depending on the selection(s) Employers may or may not opt to make as it relates to criminal charges/conduct when posting a Job Listing. The purpose of Employers having the option of limiting Job Listings to individuals without certain types of criminal offenses is to assist in matching the correct individuals to Job Listings while considering the requirements of the position and the business needs of the employers posting the listing. The selection of “off limits” offenses is left in the sole discretion of Employers. You understand and agree that The Way Out has no control or involvement in the content of Job Listings, including any selection by You as it relates to restricting consideration of any type of offense. The Way Out specifically disclaims any liability for any wrongful employment discrimination or hiring practices or claims for such that relate to any employer's offense selection in Job Listings.
Screening Tools
The Way Out may make screening tools available to Employers for Employer use in the application or job listing process, including options to make selections or remove candidates with certain types of criminal offenses identified Job Seekers' profiles and a third-party tool to confirm the accuracy of an applicant's reported criminal offenses after application. These tools are optional and shall be used by Employers at Your sole discretion. These tools, including any third-party verification tools are not controlled or monitored by The Way Out. By using any screening product made available to You on the Site, You agree that You have made the determination to use these tools as part of Your application process and the substantive decisions You make or questions You ask are solely determined by You, and are not the actions or decisions of The Way Out. You agree that You are solely responsible for the use of such screening tools in compliance with all applicable federal, state, and local laws, 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 to indemnify The Way Out for all claims arising out of your use of a screening tool, including any claims that any screening tool does not comply with federal, state, or local law or that your use of any screening tool results in a “disparate impact.”
Termination of Membership
Your membership and Job Seeker Account is effective until terminated by You or The Way Out. The Way Out and You may terminate Your Account and membership at any time for any reason, including reasons for cause, which includes but is not limited to violations of this Agreement or in The Way Out's Privacy Policy. Upon termination, You must stop representing Yourself as a registered member with The Way Out and delete or destroy any information or content (including all copies) obtained from the Site. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of Your Account or membership.
Disclaimer and Indemnification
YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING EMPLOYMENT AND HIRING PRACTICES, INCLUDING TITLE VII, AND ANY APPLICABLE STATE LAW EMPLOYMENT LAWS THAT APPLY TO YOUR USE OF THE SITE, YOUR POSTING OF A JOB LISTING, YOUR SELECTION OR COMMUNICATIONS WITH JOB SEEKERS, AND OTHER ACTS YOU MAY TAKE WITH RESPECT TO THE SITE. YOU FURTHER AGREE THAT YOU WILL INDEMNIFY AND HOLD HARMLESS THE WAY OUT FROM AND AGAINST ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THE SITE. THE WAY OUT DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT YOUR USE OF THE SERVICES COMPLIES WITH TITLE VII OR ANY SIMILAR LAW. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL CLAIMS FILED OR OTHERWISE ALLEGED AGAINST YOU BY ANY JOB SEEKER RELATED TO ANY JOB POSTING FOR WHICH THE JOB SEEKER APPLIES, INTERVIEWS, OR IS OFFERED, INCLUDING PRE- AND POST-EMPLOYMENT CLAIMS. The Way Out has no control over nor participates in the hiring or decision-making process regarding Employer hiring efforts. Further, You understand that The Way Out is not an employment agency and shall not be deemed to be an employment agency by way of offering the Site and related tools. By using the Site, You understand that The Way Out is not procuring employees for Employers or opportunities for Job Seekers. The Way Out merely provides the Site as a platform and tool that enables Employers and Job Seekers to connect and exchange information as they determine in their respective discretion.
You agree to indemnify, defend, and hold The Way Out and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of our Site or Services, and for any claims arising from an employer's actions or inaction relating to Your use of this Site or to any Job Listing You post in conjunction with Your use of this 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 Wisconsin, 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 Milwaukee County, Wisconsin, U.S.A. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Milwaukee County, Wisconsin, 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 this Agreement.
Class Action Waiver
By using the Site, and in return for the services offered by The Way Out, You acknowledge that The Way Out can only offer You these services under the terms and conditions as presented herein. As partial consideration for your use of the Site, You agree not to sue The Way Out 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 The Way Out 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, subject to the Governing Law and Dispute Resolution clause above.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that The Way Out's general terms and conditions or any Content is in conflict, or inconsistent, with this Agreement, this Agreement will take precedence. The Way Out's failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision.
Job Seeker Terms and Conditions
By creating a Job Seeker account with The Way Out, INC. (“The Way Out”) on www.thewayouthelps.com or its related mobile app (jointly and several, the “Site”), You represent that you have read and understand the terms and conditions set forth in this Job Seeker Terms and Conditions agreement (“Job Seeker Agreement”) and agree to the terms of this Job Seeker Agreement. In addition to the terms of this Job Seeker Agreement, by creating an account, using, and accessing the Site You further agree to be bound and comply with the general terms and conditions set forth on the Site which are hereby incorporated by reference into this Job Seeker Agreement and can be located at https://www.thewayouthelps.com/terms/.
This Job Seeker Agreement shall be effective on the date You create a Job Seeker Account on the Site.
You understand that the purpose of the Site is to create a platform where justice-involved individuals (“Job Seekers”) can create an account and search for employment opportunities with companies that voluntarily join this Site to offer employment to individuals known to have prior or current justice-involvement. We believe this will break down barriers to entry often faced by justice-involved individuals when reintegrating into the workforce.
Profile and Membership
I. Eligibility and Registration
A Job Seeker Account on the Site is an account which, when completed, allows an individual to view and apply for job listings, as are made available. The Site does not charge to create or use a Job Seeker Account. To register for a Job Seeker Account, You must:
- Be 18 years or older (or 16 or 17 years old with permission to access and use the Site from Your parent or legal guardian);
- Sign-up with a valid email address, first name, and create a password for the Account;
- Agree to the terms and conditions of this Job Seeker Agreement; and
- Agree to the Site's Privacy Policy found at https://www.thewayouthelps.com/privacy/
While it is not a requirement to have a criminal history or arrest record to be a Job Seeker on the Site, You acknowledge that the purpose of the Site is to assist individuals with criminal records and the tools and resources available on the Site is for such purpose.
I. Resume and Profile
Upon meeting the requirements to create and creating a Job Seeker Account, You will be asked to provide certain personal information to complete Your Profile. Your Profile consists of the information You provide on the Site. The information You share will be used to help identify job listings for You to view and/or apply. The information on Your Job Seeker Account may be made available to third parties, such as potential employers and will be shared with the necessary third parties when and if You apply to a Job Listing or otherwise consent to the sharing of Your personal information. Employers will not be able to contact You until, and only if, You apply for an employer's Job Listing. The information on Your Job Seeker Account may also be shared with other third parties as needed to fulfill Your selection, identification, or request for third-party resources. When You create or edit Your Job Seeker Account, You may be asked or given the opportunity to opt-into information about supportive services from third parties such as re-entry service providers. If You select, identify, or request information about or assistance from any of the third-party resources, You consent to the sharing of the information You have provided on the Site or on Your Job Seeker Account to third parties to fulfill Your selection, identification, or request. Based on Your selection, identification, or request, the third-party resource providers may contact You. You understand and acknowledge that The Way Out does not control any of the third-party communications to You and does not provide any guarantees about the services, resources, or recommendations provided to You by any third-party.
By uploading or submitting information to the Site, You are requesting and authorizing the Site and The Way Out to review, process, use, and share the information with other users of the Site as set forth in this Agreement. The Way Out may share with You job listings that match the contents of the information from Your Account. No action or presentation by The Way Out or the Site will be construed as meaning that You are qualified for the job or that You should or should not apply for it. Applying for job listings does not guarantee that you will be selected for job interviews or employment.
You are responsible and fully liable for ensuring the validity of any information You share on Your Job Seeker Account. If you fail to disclose necessary information or falsify any information on Your Account, The Way Out reserves the right to terminate Your membership and Account at any time under its sole discretion.
Job Listings
The Way Out may make available on the Site job listings which advertise employment opportunities and other job-related content, including links to third-party Sites (“Job Listings”). Searching, viewing, and applying to Job Listings on the Site is free for Job Seekers. The Way Out may in some circumstances be compensated by employers who post Job Listings.
Job Listings are created and provided by third parties over whom The Way Out exercises no control; You acknowledge and understand that The Way Out 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 applied to a Job Listing or left the Site. The Way Out has no obligation to screen any Job Listings or to include any Job Listings in its search results and may exclude or remove any Job Listing from the Site or from your view without any obligation to provide reasoning for removal or exclusion. You understand and agree that The Way Out has no obligation to present You with any or all Job Listings. The Way Out cannot confirm the accuracy or completeness of any Job Listing or other information submitted by an employer or other user, and The Way Out disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing, or other information submitted by any employer or other user. You are cautioned to complete Your own investigation into any potential employer with whom You apply on the Site.
When You view or interact with a Job Listing on the Site or on a third-party Site operated by an Employer or its applicant tracking system, The Way Out may collect certain information about You and any actions taken by You during your visit using automated means, such as via Application Programming Interfaces (API), cookies and web beacons. The information collected includes, for example, information about job listings You viewed and applied to. You acknowledge and agree that The Way Out has no control over such an employer or its Site. You agree to The Way Out's use and receipt of information from any such tracking functionality.
The Way Out may provide independent functionality to assist You in viewing Job Listings. For example, The Way Out may provide search options to help You narrow down Job Listings by job type categories; however, the search options may not directly or accurately reflect the content of the Job Listings.
Job Matching
Given the unique nature of the Site, Job Listings may be sorted and viewable depending on the selection(s) employers may or may not opt to make as it relates to justice involvement, including but not limited to arrests, charges, and convictions, when posting a Job Listing. The purpose of employers having the option of limiting Job Listings to individuals without certain types of criminal offenses is to assist in matching the correct individuals to Job Listings while considering the requirements of the position and the business needs of the employers posting the listing. The selection of “off limits” offenses is left to the sole discretion of employers when completing the Job Listing. You understand and agree that The Way Out has no control or involvement in the content of Job Listings, including any selection by employers as it relates to restricting consideration of any specific type of justice involvement.
The Job Listings which are available to You to view or apply to will depend on the information You submit in Your Profile, including any information You share about Your justice involvement, including but not limited to arrests, charges, and convictions. There may be some Job Listings which You will not be able to view or for which You will not be eligible to apply based on selections by Employers. The Way Out has no control over this as the employers have the sole discretion and control of their selections to limit Job Listings. The Way Out specifically disclaims any liability for any wrongful employment discrimination or hiring practices or claims for such that relate to any employer's offense selection in Job Listings.
Applying to Job Listings
You are the only one responsible for deciding which jobs to apply to. The Way Out, INC. assumes no responsibility and disclaims all liability for any actions You take based on any provided feedback. While The Way Out may provide You with potential job listings and may make recommendations to You based on Your profile and provided information, The Way Out does not guarantee that any of the recommended jobs are suited for You, and further does not guarantee that you will be selected for further application of any job listings You apply to.
If You apply to any Job Listing on the Site, The Way Out has no control or discretion over the employer's hiring process and does not guarantee any specific results for any application You submit to Job Listings. Employers have the ultimate decision and control of the outcomes of an application. While Job Listings may be shown to you on a preliminary matching basis of positions for which You may be eligible based on the information on Your profile, the matching technology is to assist You and may not be accurate.
Once You apply to a Job Listing, information from Your Profile will be shared with the employer. The Way Out does not have control over the employer's use or further disclosure of that information once shared from Your application. If You want to request the employer delete, modify, or maintain confidence over any such information, you must make such a request directly to the employer. If you require alternative methods for applying, you must approach the employer directly to request such alternative method, as The Way Out is not responsible for the employer application process.
Please note that Job Listings may expire between the time you submit your application and from the time it is received. The Way Out has no responsibility for expired Job Listings or for delivering applications prior to a Job Listing's expiration, and The Way Out and its third-party providers may store your application and related information regardless of whether a Job Listing has been closed or is no longer available on the Site.
You acknowledge that as part of its efforts to combat fraud and spam, The Way Out may require that users verify their email address. When you apply to a job through The Way Out, you agree that you may be required to verify your email address, and that failure to verify may lead to your application being rejected.
Screening Tools
The Way Out may make screening tools available to employers for employer use in the application or job listing process, including option to make selections to remove candidates with certain types of criminal offenses identified on their profile and a third-party tool to confirm the accuracy of an applicant's reported criminal offenses after application. These tools are made available to employers as optional and are not mandatory nor are they controlled or monitored by The Way Out. As a Job Seeker, You agree that the employer has made the determination to use these tools as part of its application and that the employer has the sole control and discretion to use these tools. The employer is solely responsible for the use of the screening tools, including any determinations the employer makes using the tools.
The Way Out does not act as an employment agency by offering screening tools. By using screening tools, you acknowledge and agree that The Way Out is not procuring employees for employers or procuring opportunities to work for Job Seekers. The Way Out merely provides a tool enabling employers and Job Seekers to exchange information as they determine. The sole responsibility for the content of any screening tools, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of screening tools, is solely with employers or Job Seekers, as applicable.
You further acknowledge that only the employer is responsible for offering alternative methods of screening, if so, required by the Americans with Disabilities Act or any other equivalent or similar law.
Termination of Membership
Your membership and Job Seeker Account is effective until terminated by You or The Way Out. The Way Out and You may terminate Your Account and membership at any time for any reason, including reasons for cause for You violating any of the terms and conditions in this Agreement or in The Way Out's Privacy Policy. Upon termination, You will stop representing Yourself as a Job Seeker on the Site. You must delete or destroy any information or content (including all copies) obtained from our Site. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of Your Account or membership.
No Guarantees
By using The Way Out, you agree that the Way Out is not responsible for the content of the employer's Job Listings, messages, screener questions, skills assessments or their format or method of delivery, and that The Way Out does not guarantee receipt of your application by the employer, or your receipt of messages from the employer. Please note that The Way Out 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. You must contact the employer if you require alternative methods of screening. The Way Out cannot guarantee that the employer will consider such an application or make a particular determination with regard to such an application.
The Way Out does not guarantee the identity of an employer or any individuals working for any employers, and cautions Job Seekers when applying to jobs. The Way Out cannot make any guarantee regarding health and safety measures in an employer's hiring or interviewing process. The Way Out 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 and reliability of any employer or job offer.
Disclaimer and Indemnification
YOU UNDERSTAND AND AGREE THAT THE WAY OUT DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT THE SITE COMPLIES WITH TITLE VII OR ANY SIMILAR EMPLOYMENT LAW. The Way Out has no control nor participates in the hiring or decision-making process regarding hiring efforts, interview selections, or job offers. Further, you understand that The Way Out is not an employment agency by offering the Site and related tools. By using the Site, You understand that The Way Out is not procuring employees for employers or opportunities for Job Seekers. The Way Out merely provides the Site as a platform and tool that enables employers and Job Seekers to exchange information as they determine. The Way Out is not, and shall not be construed as, providing legal advice to You or any employer using the Site.
You agree to indemnify, defend, and hold The Way Out and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of our Site or Services, and for any claims arising from an employer's actions or inaction relating to Your use of this Site or to any application You submit in conjunction with Your use of this 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 Wisconsin, 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 Milwaukee County, Wisconsin, U.S.A. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Milwaukee County, Wisconsin, 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.
Class Action Waiver
By using the Site and in return for the services offered by The Way Out, you acknowledge that The Way Out can only offer You these services under the terms and conditions as presented herein. As partial consideration for your use of the Site, You agree not to sue The Way Out 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 The Way Out regarding your use of the Site. Additionally, as a Job Seeker, You acknowledge that Your use of job search, application tools, other free services on the Site is not purchased. Your acceptance of this Agreement, including this Class Action Waiver, is an essential part of the bargain allowing Your free 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, subject to the Governing Law and Dispute Resolution clause above.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. The Way Out's failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision.