These Terms of Use are also known as the “Agreement.”
The Service consists of
TourReady’s websites, both public and authentication-required
TourReady’s mobile applications
TourReady’s API
Registered Users who must log in to use our Service are “Subscribers” and all other Users are “Visitors.” Together they are “Users.”
“We,” “Our,” “TourReady” all mean TourReady, Inc., a California Corporation.
These Terms of Use
These Terms of Use apply to Subscribers and Visitors using the Service. By accessing or using the Service, You agree to be bound by these Terms of Use, even if You are using our Service on behalf of a company. If You do not agree to be bound by all of these Terms of Use, do not access or use the Service.
This Agreement, along with the Privacy Policy published at TourReady.com and any additional terms that may be provided by us when you engage with a feature of the Service, together contain the entire agreement between you and TourReady regarding the use of the Service. This Agreement supersedes all prior agreements for the Services.
We may modify this Agreement at any time by posting an updated version on the TourReady website. Any changes that we make may not be retroactive.
We may optionally attempt to send notice of any change to Subscribers via email, text message, TourReady messaging, mobile notification, notification after login, or other form of electronic or printed communication. If You are a Subscriber, You agree to keep Your contact information up to date so that we may send these notices to You.
This version of this Agreement is effective January 1, 2015. To access previous versions, click here.
The Service
Subject to these Terms of Use, TourReady grants You a limited right to access and use the Service for the purpose of offering or finding employment.
TourReady makes no representations about the accuracy, reliability, completeness, availability, or timeliness of the Service or any information posted on it.
TourReady makes no claims or representations that the Service may be lawfully viewed or accessed outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If You access the Service, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
We may change or discontinue the Service or any feature of the Service at any time.
You and Your Account
Each TourReady account must represent one real person or company. The person or company name on an account must be the actual name of the account holder. There are no false identities, personas, or aliases on TourReady.
Single accounts may not be shared. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your login and password, whether or not authorized by You. You agree to immediately notify us of any unauthorized use of Your account, Profile, or passwords.
Accounts using a company name should only be created by individuals who are expressly permitted to create such an account on behalf of the business.
You are responsible for any and all activity via Your account. You are responsible for maintaining the confidentiality of Your account, password, Profile, Tours, Job Postings, and Your other information on the site.
You may only access accounts, features and information that are authorized for You and Your subscription plan. You may not attempt to access any other account or the data associated with any other account, access features or accounts you are not authorized to use, access and use features which aren’t available on Your subscription plan, or otherwise circumvent or avoid our security.
You must be at least 16 years of age.
Information That You Post
You grant us a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish content You enter on the Service.
You will enter information into the Service such as Your Profile, Tours, Job Postings, profile video, and images. Much of this information will be visible to some other Users of the Service.
Only provide truthful, accurate, current, and complete information, and keep it updated. For instance, only post photos of work that You actually performed.
The Service allows ‘Get Hired’ (job seeker) accounts to create a profile, which may include personal information. That information will be visible to ‘Hire’ accounts posting Tours or Jobs once they initiate contact with the ‘Get Hired’ user. ‘Get Hired’ (job seeker) accounts do not see other ‘Get Hired’ account contact information.
Do not post information that is:
confidential or proprietary, whether to you or others
inappropriate, inaccurate, libelous, unlawful, obscene or otherwise objectionable to others
We are not obligated to publish everything you enter. In order to enhance the user experience, we may show, hide, or remove content. For instance, we might only a specific number of jobs in the Experience section.
You have no ownership right in Your account. If you cancel your account, or it is terminated, your information will be deleted. See the “Termination” section.
We may delete any content or information at any time, and are under no obligation to provide You with a copy
Information Posted By Others
TourReady is not responsible for the accuracy, completeness, truthfulness, or legality of information on the Service, including User profiles or job postings. You agree that we are not responsible for other Users’ content or information or for any damages as result of Your use of or reliance on it.
User authentication on the Internet is difficult, and TourReady can not and does not confirm that each User is who they claim to be.
Our “Rockstar” program attempts to verify a Subscriber’s prior work experience by contacting select references associated with prior work experience. While our preference is to use independently sourced contact information for those references, we may have to rely on the Rockstar candidate’s list of references for a particular job and on phone numbers or email addresses they provide. Because of this, we can not know to a certainty that we have actually contacted the person who was their supervisor on that job. You acknowledge that a Subscriber’s Rockstar badge does not guarantee that they actually have the experience that they claim, and that you need to independently assess the candidate’s experience and skills.
If You see or receive problematic content – such as a potential copyright violation or a harassing message – please email [email protected] with sufficient information for us to identify the problem.
Your Communications and Interactions with Other Users
You are solely responsible for Your interactions with other Users. TourReady is not a party to any work-related offer or contract that arises out of Your use of the Service. You are responsible for any decision to offer or accept work found via this Service.
You may not use the Service to harass, abuse, defame, threaten, or impersonate another person
You may not send unwanted or unsolicited communications, whether personal or commercial, via the Service.
‘Hire’ Accounts and Job Postings
You may only use a “Hire” account if You are legitimately offering work.
You are responsible for ensuring that any jobs You post comply with all applicable national, state, and local laws and regulations, including but not limited to those concerning employment and equality of opportunity.
Intellectual Property
If You submit suggestions, ideas, or other feedback about the Service or future products to us, You agree that we can use and share such information for any purpose without compensation to You or anyone else.
Interference With The Service and Our Infrastructure
You may not take any action that is actually or potentially detrimental to the availability, reliability, or performance of our Service, systems, or networks, or any upstream or downstream service, system, or network that we are connected to.
You may not take any action that poses a security risk to our Users, Service, systems, or any upstream or downstream data or telephone network.
You may not ‘scrape’ data from the Service using automated or manual means.
You may not use any computer technology or transmit any software that expropriates, interferes with, damages, or surreptitiously monitors our systems, networks, and Service, including but not limited to viruses / trojan horses / malware or similar software.
You will not transmit any potentially destructive or malicious computer code. You may not inject content or code or interfere with the way any page is rendered on any device.
You may not attempt to find security vulnerabilities, limitations, or vulnerabilities in the Service, systems, or networks via reverse engineering, testing, scanning, probing, or similar actions.
You may not bypass performance caps we have built into our systems, such as requests per second, bandwidth, or simultaneous connections restrictions.
You may not alter any message, API call, packet header, or any similar data in order to disguise its origin.
You may not access our private API.
Subscriptions, Prices, and Payment
If You purchase our paid Service, which is available with different feature sets and price points, You agree to pay us the applicable fees and taxes. Failure to pay will terminate Your account.
We may change our prices at any time, without notice.
Subscriptions are billed at the start of the individual User’s billing cycle, which is usually the same day of the month as they first subscribed. If You first subscribed on the 9th, subsequent charges will be made on the 9th. Depending on the month, the 29th, 30th, or 31st may follow slightly different rules.
If You upgrade Your subscription to a different price level, Your subscription month will be reset and You will be billed for a full month at the new rate. You will receive a prorated refund for unused days at the old rate.
If You downgrade or cancel Your account, Your subscription will continue at the current level until the end of the current billing cycle, at which point it will downgrade or terminate. There are no refunds of any portion of the subscription fees paid for the then-current subscription commitment.
If we suspend or terminate Your account, You will not be entitled to any refund of unused subscription fees, and any unpaid subscription fees or other charges that You owe us are due immediately.
Violations of These Terms of Use
You may not violate any of these Terms of Use.
In addition to complying with the other sections of this Agreement, You may not take any action which, in our reasonable opinion:
uses the information found via the Service, or the Service itself, for any other purposes than matching job seekers with jobs via the Service and handling the associated administrative communications;
makes the Service less valuable for other Users;
unfavorably impacts our business;
competes or attempts to compete with us, or promotes a competitor;
unfavorably impacts the utility or performance of the Service;
violate any applicable national, state, provincial, or local laws, rules and regulations (for instance, those covering hiring, employment, and intellectual property); or
exposes us to any liability or damages.
What Happens If We Believe You Have Violated These Terms of Use
We may, at our sole discretion, suspend or terminate Your account if we reasonably believe that You have violated these Terms of Use. We are not required to disclose, and may be prohibited by law from disclosing, the reason for the suspension or termination of Your account.
We may terminate Your use of the Service if at any time during Your use of our Service You make a misrepresentation of fact to us or otherwise mislead us.
We may terminate Your use of the Service if You use the Service to make a misrepresentation or mislead another subscriber about Your prior or current employment.
We may refuse to process, not transmit, modify or delete content – including messages, images or video, profile information, and job postings – that we reasonably believe does not comply with our Terms of Use or that is not in the best interest of TourReady. Local laws may also require us to remove information or content.
We reserve the right, but do not assume the obligation, to investigate any violation of these Terms of Use or any misuse of the Service. This includes taking preventive actions such as actively monitoring Your activity, records, and message content.
We may report certain types of problem to appropriate law enforcement or regulatory agencies. We may cooperate with such third parties in their investigation or prosecution of illegal conduct. Such reporting and cooperation may disclose certain information about You.
We may take any other actions or seek any other remedy that we are entitled to.
Termination
If Your account is cancelled or terminated, Your account information, including Your Profile, messages, contacts, calendar, and work history, will be marked for deletion from our databases. Because of delays in propagating such deletion through our servers and systems, Your information may continue to be available for some period of time before it is erased.
We may continue to publish some of your information, such as ratings or feedback You left for other Users.
All terms of this Agreement survive cancellation or termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
Disclaimer and Limit of Liability
No Warranty
Exclusion of Liability
Limitation of Liability
TO THE EXTENT ALLOWED UNDER LAW, TOURREADY (AND THOSE THAT TOURREADY WORKS WITH TO PROVIDE THE SERVICE):
DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT);
DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND
PROVIDES THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED UNDER LAW, TOURREADY (AND THOSE THAT TOURREADY WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICE (E.G. DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT, OR OFFENSIVE OR DEFAMATORY STATEMENTS).
IN NO EVENT SHALL THE LIABILITY OF TOURREADY (AND THOSE THAT TOURREADY WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR THE SERVICE, IF ANY, OR (B) US $150.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TOURREADY AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF TOURREADY HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU
Indemnity
You agree to indemnify and hold TourReady, its subsidiaries, and affiliates, and its and their officers, directors, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable accounting and attorney's fees, made by any third party due to or arising out of your alleged or actual breach of or failure to comply with this Agreement, your use of the Service, any postings or content you post on the Service, or any violation of any law or regulation by you.
TourReady reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with TourReady in connection with that matter.
TourReady shall promptly provide notice to You of any such claim, suit, or proceeding.
Other Terms
Severability. If a court with authority over this Agreement finds any part of it not enforceable, You and TourReady agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, You and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement.
No Waiver. If TourReady doesn't act to enforce a breach of one or more terms of this Agreement, that does not mean that TourReady has waived its right to enforce those terms or this Agreement.
English Language. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only.
Assignment. You agree not to resell or assign Your rights or obligations under this Agreement. TourReady does not need your consent to assign this Agreement to an affiliated entity or to a party that acquires it.
Dispute Resolution. You agree that the laws of the State of California, USA, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of Los Angeles or Orange Counties, California, and we each agree to personal jurisdiction in those courts.
