Visage User Agreement
This Freelance Recruiter/Sourcer Agreement (“Agreement”) is made by and between you (“Recruiter” or “you”) and Visage, Inc., a Delaware corporation, and governs the terms and conditions of your participation as a Recruiter within the Visage Recruitment Portal available through visage.jobs and its related mobile applications (collectively the “Platform”). Visage and Recruiter may each individually be referred to as “Party” and collectively as “Parties.”
By registering for an account with Visage you have read and agreed to the Freelance Recruiter Agreement, you agree to be bound by the terms of this Agreement.
- Definitions. The following terms shall be capitalized throughout this Agreement and shall be defined as follows:
- CV. The term CV refers to the curriculum vitae, resume, profile and/or candidate data submitted by Recruiter for consideration of job openings identified on the Visage Recruiter Portal.
- Disqualified CV or Disqualified. A CV reviewed by Visage or its designated agents and disqualified for consideration of the job opening for which it was submitted. No further actions will be taken on Disqualified CV’s.
- Approved CV or Approved. A CV reviewed by Visage or its designated agents and approved for further consideration of the job opening for which it was submitted. Approved CV’s shall be submitted to Visage clients for consideration of the applicable job opening.
- Expert – The term “Expert” refers to Visage’s team of experts whose role is to validate sourced CV’s submitted to the Visage Recruiter Portal by a Freelance Recruiter.
- Bounty. The term “Bounty” refers to the applicable fee paid to Recruiter for each Approved CV’s submitted to the Visage Recruiter Portal.
- Content. The term “Content” shall mean any and all text, data, software, graphics, and information, images audiovisual combinations or other materials submitted, uploaded, imported, communicated or exchanged to facilitate the provision of Services under this Agreement.
- Client. The term “Client” shall refer to the company or individual, as applicable, that has contracted with Visage to source candidates for job openings placed within the Platform.
- Working for Visage as a Freelance Recruiter
As a Visage Freelance Recruiter you will, either in your individual or corporate capacity, be providing either a service or business solution in your own right. You will have expertise in the field of recruitment either at Industry, Sector or Discipline level as well as a demographic focus with a proven track record of excellence in delivering recruitment services.
- Account. To participate as a Recruiter, you must establish a Visage account and agree to this Freelance Recruiter Agreement. In creating an account, you must provide an email address and password, or register through your existing Google and LinkedIn accounts.
- Account Security: You are responsible for safeguarding your password and shall not disclose such password to any third party. You are solely responsible and liable for any activities or actions taken under your account, whether or not you have authorized such activities or actions. Visage shall not be liable for any loss or damage arising from the failure of any user to keep your password or account secure.
- Communications. In establishing an account, you give permission for Visage to communicate with you electronically in regard to any activity related to the Visage Platform and/or Visage Recruiter Portal.
- Recruiter Services
The Visage Recruiter service for which you are engaged relates to the job roles and positions provided via the Visage Recruiter Portal to which you will have access upon accepting both this Agreement and in registering with our online payment portal(s) defined in Section 5 of this Agreement.
Visage will be responsible for the business development and client engagement aspects and for acquiring any respective roles posted on the Visage Recruiter Portal. These roles will be fully qualified by the Visage Account Management team.
Once the role has been qualified and approved by Visage, a job opening will be released via the Visage Recruiter Portal to the Freelance Recruiter Community to provide relevant and matching CVs against the role as specified. Recruiters will receive an email alert that a new role has been loaded and that you are invited to claim this role to submit CV’s against.
Visage requires that CV’s for any positions identified in the Visage Recruitment Portal be submitted solely through the Visage Recruiter Portal. All submitted CV’s must be professional in nature and all mandatory fields are to be completed with valid and verifiable data.
CV’s sent directly to Visage team members will not be accepted and will not be loaded onto the Recruitment Portal on your behalf. Recruiters shall not be eligible for any payments for any CV’s submitted outside the Visage Recruitment Portal.
It is your sole role to source and supply CV’s using whatever ‘Search’ methodology is available to you and/or personal database of candidates you may possess. You are not to use any form of advertising for the roles presented to you or make any direct contact with the Client. Any contact with Candidates should be restricted to those that you have a personal affiliation with otherwise no direct or indirect contact should be made.
- Performance Analysis
Visage is dedicated to utilizing the best resources as a representation of its services to its clients. Visage limits Recruiter participation to only those Recruiters who perform in accordance with the performance standards set by Visage.
You will be measured and monitored against your overall success percentage on a weekly/monthly basis (i.e. the amount of Approved CV’s against the total submitted) and this will be displayed to you on your user page in the Recruitment Portal. Visage reserves the right to set specific success % targets against which you will be measured.
Visage will, at all times, attempt to provide feedback to you on your performance and provide assistance in understanding why your performance may be below the standard required. Visage may suspend and/or remove your eligibility to submit further CV’s should you not meet these targets. Prior warning will be given pending a suspension and a set target given within a defined time frame to allow you to make the improvement required and to continue to remain an active recruiter on the Recruiter Portal. It is your sole responsibility to ensure that you do not submit any duplicated resumes which you have already submitted yourself, and to ensure you do not submit any fake email ID’s.
Notwithstanding the foregoing, the Visage Recruiting Portal is available to you in Visage’s sole and absolute discretion. Participation as a Recruiter is discretionary, and Visage may suspend or terminate participation at any time, in its sole and absolute discretion.
In instances where Visage determines, in its sole and absolute discretion, that candidate’s CV’s and related data have been falsified, misrepresented, violates applicable laws, or otherwise violates the terms and conditions set forth herein, Visage reserves the right to immediately terminate your account. Recruiter shall be ineligible to receive Bounty payments for any Approved CV’s that violate the terms and conditions of this Agreement.
- Bounty Rates: Visage enables Recruiters to submit CV’s in response to a range of job roles, from a simple administrative position to the CEO of a medium sized international entity or a job role that requires specific engineering skills. Because of the range of applicable criteria and evaluation of those skill sets required to appropriately respond to each job role, the Bounty afforded for each CV shall vary depending upon the level of expertise, skill set, and complexity of the applicable job role.
- Bounty Qualification: Visage runs a weekly job management cycle from a Monday to a Sunday during which time all CV’s submitted will have been electronically stamped with your user ID and which will be validated as either approved or disqualified for consideration for the applicable job position by the assigned Expert and or a member of the Visage Operations Team.
- Bounty Accrual: Approved CV’s will be afforded the applicable Bounty for each CV associated with each posted job role, as displayed on the Client’s Job Record. On occasion, the Bounty for a role may be limited to a specific period of time and be raised or lowered in Visage’s sole discretion. Recruiters will be paid for Approved CV’s based upon the rate applicable during that specific time frame in which the CV was approved by Visage.
- No Bounty for Disqualified CV’s: Recruiter shall not be eligible to receive a Bounty for any Disqualified CV’s. Recruiters will be notified of Disqualified CV’s and the relevant rationale shall be appended to the CV record to explain the reasons supporting the disqualification. No Bounty is payable for Disqualified CV’s except in circumstances where the job role requirements have been subsequently amended and the CV later comports with the job role requirements. Under such limited circumstances, a Bounty can be retrospectively awarded.
- Vesting. Bounties for Approved CV’s shall immediately vest and be paid to Recruiter in accordance with the terms of this Agreement. Where CV’s have previously been Approved but are at a later stage Disqualified, such accrued bounties shall not be forfeited.
- Payment Processing:
- Payment Processing Account: All users will be asked to register with our online payment platform prior to being formally approved on the Visage Recruiter Portal. No other payment methods will be considered.
- Payment Schedule: Bounty Payments will be made in U.S. Dollars two (2) days following the previous week ending date except where national holidays may intervene or a systems failure may prevent the calculation and payment of the Bounty earned.
Visage may, in its sole and absolute discretion, offer additional incentives to Recruiters including ‘Recruiter of the Month’ and ‘Recruiter of the Year’ and referral programs relating to the introduction of new Recruiters to the Platform. Notice of any incentive or referral programs will be communicated either through email and/or posted on the Platform.
During the term of this Agreement and for a period of twelve (12) months following the date on which Recruiter last submits a CV through the Visage Recruiter Portal, Recruiter shall not directly or indirectly solicit or attempt to solicit Clients participating on the Platform.
- Compliance with Applicable Laws
You are responsible for complying with all applicable state, federal and country laws as it pertains to your role in the review, submission and/or recommendation of applicants for consideration of employment opportunities identified within the Visage Recruiter Portal, including, but not limited to, discriminating on the basis of race, color, ethnicity/national origin, religion, marital or family status, physical or mental disability, gender, pregnancy, age, sexual orientation or genetic information.
Recruiter shall not utilize any language that is offensive, discriminatory and/or defamatory in connection with Recruiter’s review, submission and/or recommendation of applications for consideration of employment opportunities within the Visage Recruiter Portal or in Recruiter’s communications relating to job openings with potential candidates or other users of the Platform.
Visage shall immediately terminate Recruiter’s right to participate within the Visage Recruiter Portal if it determines, in its sole and absolute discretion, that Recruiter has failed to comply with the requirements of this Section.
- Recruiter Responsibilities
When using our Platform and Service, you may not:
- Copy, distribute or disclose any part of the Platform or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
- Use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Platform or the Service in a manner that sends more request messages to Visage servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Visage grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
- Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform or Service;
- Take any action that we determine, in our sole discretion, imposes or may impose, an unreasonable or disproportionately large load on our infrastructure;
- Upload invalid data, viruses, worms or other software agents through the Platform and/or Service;
- Access the Platform or Service through any technology or means other than those provided or authorized by the Service (and access to the Platform or Service through virtual private network or proxy is expressly forbidden);
- Sell, transfer or assign the Service, or your right to use the Service, to any third party, or offer the Service, or any content obtained from the Platform or Service, on a time-sharing or other commercial basis;
- Stalk, harass, bully or harm another individual or user of the Platform and/or Service’
- Impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
- Violate any requirements, procedures, policies or regulations of networks connected to Visage;
- Interfere with or disrupt the Platform or Service;
- Hack, spam or phish us or other users;
- Violate any applicable rules, laws or regulations relating to the Platform and Service.
- Post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory or fraudulent Content;
- Cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a thirty party’s website, such as by requesting its removal from a search engine; or
- Upload any Content to our Platform that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.
- Idea Submission License.
Visage welcomes all feedback to its Platform and Service, but considers any feedback from its users to be helpful advice, freely given. Visage considers any suggestions, ideas, proposals, user-feedback or other material submitted to it by users, whether solicited or unsolicited, (collectively, the “Material”) to be non-confidential and nonproprietary. Visage shall not be liable for the disclosure, use or exploitation of such Material. You hereby grant and agree to grant Visage, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.
- Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VISAGE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE CONTENT, PLATFORM OR SERVICES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, SECURITY BREACH, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE PLATFORM OR ITS SERVICES, EVEN IF VISAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Intellectual Property Rights
The design of the Service along with Visage created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Visage, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Visage reserves all rights in and to the Service, Platform and Marks. Unless otherwise stated herein, nothing in these Terms of Service or your use of the Platform or Service gives you a right or license to use any of the Marks for any purpose, commercial or otherwise.
- End User License Agreement
Visage grants you a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable license to use the Platform and services on your mobile device. You acknowledge that Visage may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that this Agreement will apply to all such upgrades.
- Content License to Visage
You hereby grant to Visage and its owners, subsidiaries, affiliates, representatives, licensees, licensors and assigns (the “Visage Parties”) to copy, display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or any part of the Content submitted by you to the Platform for the purposes of providing the Service. Further, you waive and agree never to assert any and all moral rights in and to all of the licensed Content.
- Recruiter’s Representations And Warranties
By submitting any Content to us, you hereby represent and warrant that you own all right, title and license to the Content or, alternatively, that you have the right to grant the Content license described above. You further represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
You represent and warrant that you have the right and ability to enter into this Agreement with Visage and to provide the freelance services set forth in this Agreement. Recruiter represents and warrants that it does not have any agreement with, or any other obligation to, any third party that conflicts with the terms of this Agreement.
- Participation Limitations
Recruiter shall not use Visage’s name, logos, trademarks or service marks in any promotional, advertising or marketing literature, or in any other way without the prior written consent of Visage.
- Disclaimer Of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM, INCLUDING ANY “BETA” RELEASES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VISAGE DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, ITS SERVICES OR USE (I) WILL BE UNINTERRUPTED, TIMELY OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. EXCEPT WHERE PROHIBITED BY LAW, VISAGE EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE PLATFORM, INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES.
DISCLAIMER OF USER & THIRD PARTY CONDUCT: YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND/OR SERVICE. VISAGE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PLATFORM OR SERVICE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, VISAGE MAKES NO WARRANTIES REGARDING USER OR OTHER THIRD PARTY SERVICES, GOODS, RESOURCES AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD PARTY SERVICES, GOODS, RESOURCES OR INFORMATION.
If you have a dispute arising from, related to, or connected with your use of the Platform, Service, or with any other users of the Platform and/or Service, you hereby release Visage and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns from all claims, demands, causes of action, liabilities, legal fees and costs, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT YOU WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Visage and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns (the “Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, attorneys’ fees and costs) (“Claims”) incurred in connection with any claim, demand or action brought or asserted against any of the Indemnified Parties arising from or related to your use of the Platform and/or Service, including, but not limited to, Claims alleging (i) facts or circumstances that would constitute a breach of any provision of this Agreement by you, (ii) your breach of any representations or warranties under this Agreement, (iii) your use or misuse of the Platform or Service, and/or (iv) any interactions or prospective or actual transaction(s) between you and a third party arising from or relating to your use of the Platform and/or Service. Visage reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
- DMCA Copyright Infringement Notice
If you have a good faith belief that your copyright has been infringed, you can download, complete and submit this Notice of Claimed Infringement to Visage’s Designated Agent as follows:
By Email: e-mail: email@example.com
- Objectionable Content
We are not responsible for, and do not endorse, any Content posted on the Platform. We do not have any obligation to prescreen, monitor, edit or remove any Content. If your Content violates any of these Terms of Service, you bear legal responsibility for that Content. We shall not be liable for any damage or harm resulting from the uploading, posting or submission of any Content. We reserve the right, but have no obligation, to take any action to restrict or remove access to any Content that we deem, in our sole and absolute discretion, to be a violation of these Terms of Service.
Either party may terminate this agreement (a) upon the bankruptcy or insolvency of either party; or (b) if the other party breaches any material provisions of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of such breach.
Notwithstanding the foregoing, Visage may immediately terminate this Agreement if Recruiter breaches any of the use limitations or prohibitions set forth in Sections 8 and 9 or attempts to circumvent the Platform.
Recruiter may terminate this agreement for convenience upon sixty (60) days prior written notice to Visage. Visage may immediately terminate this Agreement for convenience at any time. When terminated for convenience, Recruiter shall be entitled to receive any Bounty accrued through the date of termination of this Agreement.
Survival. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, Non-Solicitation, Idea Submission License, Content License, Dispute Resolution, Disclaimer of Warranties, Release, Indemnity and Limitation of Liability.
- Choice Of Law
This Agreement shall be governed by and interpreted in accordance with the laws of the state of California, without giving effect to any principles that provide for the application of the law of another jurisdiction.
- Dispute Resolution
Mediation. As to any claim or controversy with Visage arising out of or relating to the Platform, Service and/or these Terms of Service (including its formation, interpretation, performance and breach), the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. . The form for initiating a request to mediate can be accessed at: American Arbitration Association. If settlement is not reached within sixty (60) days after service of a written demand for mediation, any unresolved claim or controversy shall be resolved as follows:
Binding Arbitration. EXCEPT AS OTHERWISE STATED HEREIN, any claim or controversy with Visage arising out of or relating to the Platform, Services and/or these Terms of Service (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Federal Arbitration Act shall govern the interpretation and enforcement of these Terms of Service.
ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.
The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at www.adr.org. When initiating a request to arbitrate with the AAA, you must also send a copy of the completed form to: firstname.lastname@example.org.
Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction.
- Independent Contractor Status.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
The parties agree that this Agreement creates an independent contractor relationship, not an employment relationship. Recruiter acknowledges and agrees that Recruiter shall not be entitled to receive from Visage any employee benefits, including without limitation any employee stock purchase plan, social security, unemployment, medical, or pension payments, and that income tax withholding is Recruiter’s responsibility. Recruiter shall be responsible for paying all required state and federal income taxes, social security contributions, self-employment taxes, and other mandatory taxes and contributions arising from any payments received under the terms of this Agreement.
The Parties acknowledge and agree that neither Party has the authority to bind the other Party.
- Force Majeure
Visage will not be liable or responsible for any delays in service, for failing to provide its Service or to operate the Platform as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, power or telecommunications outage, fire, flood, civil disobedience, freight natural disaster, or any other event beyond our reasonable control.
If any provision contained in these Terms of Service is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the enforceability of the remaining provisions and portions of these Terms of Service, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.
Headings in this Agreement are for reference purposes only and will not be used in its construction and/or interpretation.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law will not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
Where Visage requires that you provide an e-mail address, you are responsible for providing Visage with your most current e-mail address. In the event that the last e-mail address you provided to Visage is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Visage’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
You may give notice to Visage at the following address: Visage, Inc., 1455 Market St., Floor 19, San Francisco, CA 94103, ATTN: Legal. Such notice shall be deemed given when received by Visage by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
- Entire Agreement
This Agreement incorporates by reference the Terms of Service accepted by you in connection with your account on the visage.jobs and related Platforms offered by Visage. Together, this Agreement and the Terms of Service are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
- Electronic Communications
The communications between you and Visage use electronic means, whether you visit the Platform or the Service or send Visage e-mails, or whether Visage posts notices on the Platform or Service or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Visage in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Visage provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.
- Consumer Rights – California Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Visage must be addressed to our agent for notice and sent via certified mail to: Agent of Visage, 1455 Market St., 19th Floor, San Francisco, CA 94103. You may also report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at: Service 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.