CONSENT TO RECEIVE, REVIEW, ACCESS, SIGN, & AUTHENTICATE CERTAIN DOCUMENTS, FORMS, LETTERS, & OTHER INFORMATION ELECTRONICALLY
("E-Signature Disclosures & Consent")
These E-Signature Disclosures & Consent apply to all Materials, both current and future, related to your application for or possible employment with Stir Crazy Comedy Club.
You are agreeing that your electronic signature is the equivalent of your handwritten (or wet) signature, with all the same legal and binding effect. In certain cases throughout your employment, you may be asked to click buttons labeled "I Agree," "I Acknowledge," or using similar words, or otherwise electronically to acknowledge, accept, review, etc. Materials. These E-Signature Disclosures & Consent apply to those instances as well. You also understand that, in its sole discretion, Stir Crazy Comedy Club may mail, hand-deliver, communicate, or otherwise send you hard-copy Materials.
You may obtain a paper copy of any electronic Materials, including ones already or to be accessed, received, reviewed, and/or signed electronically, by sending a written request to Stir Crazy Comedy Club at 6751 N Sunset Blvd Ste E-206 Glendale, AZ 85305. You will be charged a reasonable fee to cover the costs of providing a paper copy.
You may withdraw your consent to receive, review, access, sign, and authenticate any additional electronic Materials at any time by canceling these E-Signature Disclosures & Consent. You may cancel these E-Signature Disclosures & Consent and withdraw your consent now by not completing this E-Signature Disclosures & Consent form and exiting the system. You may cancel these E-Signature Disclosures & Consent and withdraw your consent in the future by sending a written cancellation request to Stir Crazy Comedy Club at 6751 N Sunset Blvd Ste E-206; Glendale, AZ 85350 or info@stircrazycomedyclub.com. Any withdrawal of your consent will be effective after a reasonable period of time in order for Stir Crazy Comedy Club to process your withdrawal. Withdrawal of your consent will have no legal effect on the validity, effectiveness, or enforceability of (a) any authorization, consent, or e-signature provided by you prior to the effective date of your withdrawal or (b) any document, form, letter, etc. that was provided or made available to you in electronic format prior to the effective date of your withdrawal. Withdrawal of your consent (i.e., canceling these E-Signature Disclosures & Consent) also will not relieve you from the obligation to complete all required Materials. Withdrawal/canceling will require you to receive, review, access, sign, and authenticate these Materials in hard copy instead of electronically. Receiving, reviewing, accessing, signing, and authenticating certain Materials in either electronic or hard copy is a condition of initial and/or continued employment.
You must update Stir Crazy Comedy Club regarding the information necessary to contact you electronically (including your personal email address) by calling Stir Crazy Comedy Club at 623-565-8667 or emailing info@stircrazycomedyclub.com. If you are employed, Stir Crazy Comedy Club may electronically send Materials to your Stir Crazy Comedy Club email address or your personal email address, in its discretion.
To access these electronic Materials, you must have (a) a personal computer or mobile device and an operating system capable of receiving, accessing, displaying, and either printing or storing information, (b) an Internet connection, and (c) Internet Browser Software such as Internet Explorer®, Google Chrome®, Safari®, or Firefox®. Your Internet Browser Software must support 128-bit encryption and Secure Sockets Layer (SSL) protocol. If you are able to see these E-Signature Disclosures & Consent, your hardware and software should allow you to access these electronic Materials.
To retain any of these electronic Materials, you may either print or download them. To print these Materials on your computer, you will need a printer connected to your computer with adequate paper. To download these Materials on your computer, you will need an available storage medium, like a hard drive on your computer or a removable thumb drive. To print these Materials on your mobile device, you will need a printer linked with your device (e.g., via Wi-Fi, Bluetooth®, etc.) and/or an application (app) that allows for printing. To store these Materials on your mobile device you will need (1) sufficient storage space on your mobile device and (2) an app or function that allows for the capture of electronic data (e.g., a screenshot). Please follow the instructions for your particular computer operating system and/or software to print and/or to download these Materials. Each individual screen may need to be printed and/or downloaded separately. If you have trouble printing and/or downloading, please contact the manufacturer of your personal computer or mobile device, computer operating system, web browser, app, or other relevant software or another information source of your choosing.
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Terms and Conditions
BY REGISTERING FOR AND USING THE STIR CRAZY COMEDY CLUB WEB SITE LOCATED AT THE URL: STRICRAZYCOMEDYCLUB.COM (THE "SITE"), YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THESE TERMS AND CONDITIONS ("AGREEMENT") AND ANY OTHER POLICIES, PROCEDURES AND GUIDELINES REFERENCED BELOW. This Agreement shall apply to your use of the Site and Services, regardless of whether you enter the Services as a job seeker and individual end-user or in connection with your current or potential employment through an employer-provided link or portal.
You acknowledge that the Site serves as a venue for the online distribution, publication and communication of employment-related information between you, as an individual user of the site, and employers and potential employers, including without limitation (i) submission of by you of resumes, employment applications and questionnaires to potential employers; (ii) submission and receipt of employment related information, training materials and other onboarding processes by and to you and from and to an employer; (iii) submission and receipt of tax-related employment information; (iv) other interactions and communications with employers and potential employers.
Privacy Policy
Your use of the Site and/or the services provided on and through the Site (the "Services") is also governed by the Stir Crazy Comedy Club Privacy Policy, which is available at www.stircrazycomedyclub.com/privacy (the "Privacy Policy"), and any other security or use policies posted on the site or through the Services (collectively, the "Stir Crazy Comedy Club Policies"), as such Stir Crazy Comedy Club Policies may be modified and updated by Stir Crazy Comedy Club from time to time. The Stir Crazy Comedy Club Policies are hereby incorporated by reference and made a part of this Agreement.
Terms of Engagement
You acknowledge and agree that the Site is only a venue for you as a user to review job postings submitted by third party companies ("Potential Employers"), submit information and materials to and otherwise interact with Potential Employers and to submit and receive employment-related information, including engaging in onboarding processes with your employer(s) ("Employers"), manage tax-related information and related activities with respect to your employment by an Employer. You acknowledge and agree that Stir Crazy Comedy Club does not screen or censor any information, including the job postings or candidate resumes, submitted by you, other users, any Potential Employer or Employers ("Submitted Content"). Stir Crazy Comedy Club does not have any control over the quality, suitability, truth, accuracy, timeliness, safety or legality of any Submitted Content. You assume all risks associated with dealing with other users with whom you come in contact through the Site and/or the Services, including without limitation, Potential Employers and Employers. Stir Crazy Comedy Club is not involved in the actual transaction between you and any Potential Employer or Employer. The specific terms of any employment or contractor agreement between you and any Potential Employer or Employer will be negotiated solely between you and such Potential Employer or Employer. You understand that your interactions and dealings with other users of the Site are solely between you and such other user. Stir Crazy Comedy Club shall not be responsible for any loss or damage of any kind incurred as a result of any such interactions and/or dealings and Stir Crazy Comedy Club will have no obligation to become involved in such dispute.
Confidentiality
Stir Crazy Comedy Club shall use and disclose to third parties (including Potential Employers and Employers) your Submitted Content, including personal information, in connection with Stir Crazy Comedy Club performing its duties and obligations under this Agreement and any Stir Crazy Comedy Club Policies. All use and disclosure by Stir Crazy Comedy Club of any personally-identifiable information in such Submitted Content shall be in accordance with the Privacy Policy and this Agreement.
During the registration process you will create a login and password. You are responsible for securing your login and password and for all use of the Site and the Service under your account and password. You agree that you will not disclose, trade or transfer your account, login or password. You agree to notify us promptly of any unauthorized use of disclosure of your login, password or account.
Disclaimer of Warranties
Each user of the Site is responsible for any content and materials that it posts or submits on or through the Site, including, without limitation, job listings and candidate resumes, and Stir Crazy Comedy Club has no obligation to verify or authenticate, in whole or in part, any Submitted Content. Stir Crazy Comedy Club has no liability for any inaccuracies, errors or omissions in or the appropriateness or inappropriateness of the Submitted Content, including job listings, candidate resumes or Employer-provided information. Stir Crazy Comedy Club does not guarantee that use of the Site or Service will result in any interview with or employment by any Potential Employer. STIR CRAZY COMEDY CLUB MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICES OR ANY MATERIALS CONTAINED ON THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES, MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Limitation of Liability
STIR CRAZY COMEDY CLUB SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR USE OR RELIANCE ON THE SITE, SERVICES AND/OR ANY MATERIAL ON THE SITE, INCLUDING, WITHOUT LIMITATION, ANY SUBMITTED CONTENT, INCLUDING JOB POSTINGS, CANDIDATE RESUMES OR EMPLOYER-PROVIDED MATERIALS. IN NO EVENT SHALL Stir CRAZY COMEDY CLUB BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR RELATED TO THIS AGREEMENT AND/OR YOUR USE OF THE SITE AND/OR SERVICES HOWEVER ARISING, EVEN IF STIR CRAZY COMEDY CLUB KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. STIR CRAZY COMEDY CLUB SHALL NOT BE LIABLE FOR ANY ACTIONS, OMISSIONS AND/OR DECISIONS MADE BY ANY USER OF THE SITE, INCLUDING, WITHOUT LIMITATION, HIRING DECISIONS OR OTHER EMPLOYMENT DECISIONS.
Limitation on Damages
IN NO EVENT SHALL STIR CRAZY COMEDY CLUB'S AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED ONE HUNDRED U.S. DOLLARS (USD 100) OR THE EQUIVALENT IN LOCAL CURRENCY.
Representations; Authority
You hereby represent and warrant that (1) you have the authority to enter into this agreement; (2) all information you provide or submit through or on the Service, including any personal information, resumes, qualifications, residency or immigration status or tax-related information, shall be complete, truthful and accurate and shall not be misleading, false or violative of any applicable laws, rules or regulations or third party rights. You understand and agree that information related to your employment with an Employer will be the Employer's property (other than your personal information) and will not be available to you through the Service once you leave the employment of such Employer. If you enter the Site and/or use the Service in connection with your employment with an Employer, you understand and agree that upon termination of your employment by the Employer, Stir Crazy Comedy Club may at its discretion allow you to retain your user name and password to access and use the Service in connection with a new job search, but you shall not have access to any information relating to or owned by your prior Employer. You hereby authorize the transfer of your Submitted Content, including your personal information, to authorized Potential Employers and/or your Employer(s) through the use of the Service and the use and storage of such Submitted Content by Stir Crazy Comedy Club and its third party service providers as necessary for provision of the Service.
General Release
In the event that you have a dispute with one or more users of the Site, including any Potential Employer or Employer, you release Stir Crazy Comedy Club (and our agents and employees) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related with such dispute.
Governing Law
This Agreement is governed by the laws of Arizona without regard to its conflict of law principles. The parties agree that any disputes relating to this Agreement or the Site will be heard in the courts located in Maricopa County, Arizona.
Relationship of Parties
The parties are independent contractors, and no partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties is created hereby. There are no third party beneficiaries to this Agreement
Waiver
No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is to be asserted.
Severability
If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable for any reason, such provision will be deemed modified to the extent necessary to render it enforceable and the remaining provisions of this agreement will remain unaffected and in full force and effect.
Entire Agreement/Amendments
This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements whether written or oral, express or implied, with respect to the subject matter hereof. To the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any Stir Crazy Comedy Club Policies, the terms of the applicable Stir Crazy Comedy Club Policy shall prevail.