Terms of Service

Untitled Document

Introduction

These terms and conditions (“Terms and Conditions”) are open for everyone to see, at any time. By using our website and/or digital application, or applying for an Openslate.com product or service, you are agreeing to the terms and conditions set forth below. These Terms and Conditions constitute a legal contract between you and Openslate.com, and cover all aspects of your use of the Openslate.com website and/or any digital application, including all of its pages, and, to the extent not superseded by the terms and conditions of any contract we may sign with you, of any product or service we may provide you.
Please carefully review these terms of service before using website and/or any digital application. If any of these Terms and Conditions do not make sense, please consult a legal expert for a clarification. Openslate.com reserves the right, at its sole discretion, to change, add, modify, or remove portion of these Terms and Conditions, at any time. It is your sole responsibility to check these Terms and Conditions periodically for any changes. Your continued use of the website and/or any digital application following the posting of changes will constitute your agreement with and acceptance of the changes.

Notice

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OUR WEBSITE AND/OR ANY DIGITAL APPLICATION AND ANY OF ITS PAGES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST LEAVE THE WEBSITE AND/OR ANY DIGITAL APPLICATION NOW. IF AT ANY TIME YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY CEASE YOUR USE OF THIS SITE.

  1. Eligibility

The products and services offered through our site are not available to persons under the age of 18 or to persons who are not legal residents of the United States, by visa or otherwise. BY CLICKING ANY BUTTON OR BY ACCESSING, BROWSING OR OTHERWISE USING THE OPENSLATE.COM WEBSITE AND/OR ANY DIGITAL APPLICATION YOU REPRESENT AND WARRANT TO US THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE A LEGAL RESIDENT OF THE UNITED STATES. If you provide any false or inaccurate information in your application, at our sole discretion [and without notice to you], we may immediately terminate and prohibit your use of the Site]

  1. Registering and Accountholder Duties

Particular areas of the Openslate.com website and/or any digital application (hereinafter “Openslate.com.com,” “this Site” or “our Site”) are accessible only to registered accountholders. In order to access the registered-accountholder-only areas of Openslate.com.com or any digital application, you will need the username and password you have created. You acknowledge that use of a username and a password is an adequate form of security. You are solely responsible for (1) authorizing, monitoring, controlling access to and maintaining the strict confidentiality of your username and password, (2) not allowing another person to use your username or password, (3) any charges or damages that may be incurred as a result of your neglect to maintain the strict confidentiality of your username and password, and (4) promptly informing Openslate.com in writing of any need to deactivate a username due to security or other concerns. Openslate.com is not liable for any harm related to the theft of usernames or passwords, disclosure of usernames or passwords, or your authorization to allow another person or entity to access and use Openslate.com .com using your username or password. You must immediately notify Openslate.com of any unauthorized use of your username or password and any breach of confidentiality. Until Openslate.com receives this notification from you, you will be held liable for any harm ensuing from the use of your username on Openslate.com. By submitting the application, you represent and warrant that the information you provide is accurate and truthful. If you submit false or inaccurate information, we may, in our sole discretion [and without notice to you], deny the application and prohibit you from using the Site and Service. We reserve the right to refuse Service to anyone, in our sole discretion, with or without cause.

  1. User Interaction/Conduct

The Site may contain bulletin board services, news groups, social media functionality, forums, breakdowns, and/or other message or communication facilities ("Communication Services") designed to enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting on or transmitting through Openslate.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" is prohibited. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.

You agree that Openslate.com is not an employer with respect to any employment available on the website and/or mobile application, whether such employment opportunity is advertised through the Communication Services or otherwise. Openslate.com is not responsible for any employment, hiring, or salary decisions made by you or any other person, even if such person used the Communication Services to advertise the employment opportunity or communicate the employment, hiring or salary decision.

Openslate.com makes no representations, warranties or guarantees regarding the Communication Services, including as to: (i) the effectiveness of the Communication Services in meeting your employment or production needs or objectives; (ii) the ability of any user of the Communication Services to offer the employment opportunities or to fill any such employment opportunities such user is advertising through the Communication Services; (iii) any roles, jobs, resumes, data or other advertisements or information conveyed to you through the Communication Services; or (iv) the truthfulness, accuracy, legality, completeness, timeliness or reliability of any information transmitted through the Communication Services. Openslate.com does not pre-screen or approve in advance a user’s use of the Communication Services or other third party content and does not investigate or monitor the quality, safety, or other legality of such uses of the Communication Services or other third party content. While Openslate.com reserves the right in its sole discretion to remove or modify any information available on the Site, including information transmitted through the Communication Services such as breakdowns, casting notices, or casting notice submissions, Openslate.com does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action. You acknowledge there are risks resulting from your use of the Communication Services, including to the risks related to interacting with strangers or people acting under false pretenses. You are responsible for using caution and common sense. If you cancel your Openslate.com subscription or if your subscription is terminated, all of your account information, including any saved resume data and any information stored in connection with your use of the Communication Services, such as casting notices or breakdowns

  1. Accuracy and Availability of Information

The Site contains a database of entertainment industry information and other content regarding the entertainment industry compiled by Openslate.com and its users. While we use commercially reasonable efforts to provide accurate information, Openslate.com gives no warranty as to the accuracy of the database and other content on the Site. If you choose to use or rely on such information when making an employment decision or for any other purpose you do so entirely at your own risk. Openslate.com reserves the right to withdraw or delete information or content from the Site at any time.

  1. Intellectual Property

The Openslate.com website and/or digital application, the content, any materials downloaded, and all intellectual property pertaining to or contained on our Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, software (including html-based computer programs), trade dress, trademarks and service marks) are owned by Openslate.com or third parties; all right, title and interest therein shall remain the property of Openslate.com and/or such third party owner, as applicable. All content is protected by trade dress, copyright, patent and trademark laws, as well as various other intellectual property and unfair competition laws. Any distribution, reprint or electronic reproduction of any content from this Site, in whole or in part, for any other purpose, is expressly prohibited without our prior written consent.

  1. Limitation of Use

Openslate.com grants you the right to view and use the website and/or any digital application subject to these Terms and Conditions.  You are authorized solely to view and retain a copy of the pages of the site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on this Site for the purpose of transacting business with Openslate.com.

You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit this Site, or any portion of the Site for any public or commercial use without the express written consent of Openslate.com. Additionally, you agree that you (i) will not remove or alter any author, trademark or other proprietary notice or legend displayed on this Site (or printed pages produced from this Site), and (ii) will not make any other modifications to any documents obtained from this Site other than in connection with completing information required to transact business with Openslate.com.
 
You understand that by posting materials on the Site or otherwise providing materials to Openslate.com, you are granting to Openslate.com a royalty-free, perpetual, irrevocable license to use this information in the course of offering our services. Furthermore, you understand that Openslate.com retains the right to reformat, excerpt or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from whom such content originated and that Openslate.com will not be liable for any errors or omissions in any content.

The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of Openslate.com’s web sites and systems including but not limited to unauthorized entry into Openslate.com’s systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by Openslate.com and/or its affiliates.

  1. Site Security

As a condition of your use of our Site, you agree that you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any Openslate.com customer or user of this Site; (iii) probe, scan or test the vulnerability of this Site or the Openslate.com lending network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; or (v) send unsolicited mail, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability.

While Openslate.com uses reasonable efforts to safeguard the security of the Site, there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Site. Openslate.com assumes no liability or responsibility for any unauthorized alterations in the content or functionality of the Site. Our Privacy Police is part of this Terms and Conditions and its terms are incorporated herein by this reference. Please read it here: http://openslate.com/help/privacy

  1. Submitting Information

All information submitted to Openslate.com via this site shall be deemed and remain the property of Openslate.com, and Openslate.com shall be free to use, for any purpose, any idea, concept, know-how or technique contained in information a visitor to this site provides Openslate.com through this site. Openslate.com shall not be subject to any obligations of confidentiality regarding submitted information except as may be expressly agreed in writing by Openslate.com or as otherwise specifically required by law.

  1. WARRANTIES

THIS SITE, THE SERVICE AND ALL INFORMATION, GRAPHICS, LINKS, PROGRAMS, SOFTWARE, AND MATERIALS PROVIDED BY OPENSLATE.COM (EACH AND COLLECTIVELY, "SERVICE INFORMATION") ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS AND OMISSIONS. IN ADDITION, WE MAY MODIFY AND/OR MAKE CHANGES TO THE SERVICE AND ANY INFORMATION PROVIDED ON THIS SITE, AT ANY TIME AND FOR ANY REASON, WITHOUT NOTICE TO YOU. YOU ASSUME THE SOLE RISK OF USING THE SERVICE AND RELYING ON THE SERVICE INFORMATION. WE AND OUR PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, ADVERTISERS AND LENDERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, RELIABILITY, LEGALITY, APPLICABILITY OR ACCURACY OF THE SERVICE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL OPERATE WITHOUT ERROR OR INTERRUPTIONS OR THAT ANY FILES OR INFORMATION THAT YOU ACCESS FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

Openslate.com neither represents nor warrants that your use of materials displayed at the Site will not infringe rights of third parties. While Openslate.com uses reasonable efforts to include accurate and up-to-date information at the Site, we make no warranties or representations as to the site’s accuracy.

  1. LIMITATION OF LIABILITY

YOU ABSOLVE AND RELEASE US FROM ANY CLAIM RESULTING FROM A CAUSE BEYOND OUR CONTROL, INCLUDING, BUT NOT LIMITED TO, ELECTRONIC OR MECHANICAL FAILURE OF COMMUNICATION LINES, TELEPHONE, INTERNET OR OTHER PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, ERRORS, WHETHER CAUSED BY SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES, OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS. IN NO EVENT WILL OPENSLATE OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF OPENSLATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. RELEASE/LIMITATION OF LIABILITY

YOU AGREE AND ACKNOWLEDGE THAT WE AND OUR PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, ADVERTISERS AND LENDERS OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, OR SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHICH YOU MAY INCUR, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THIS SITE, THE SERVICE, OR ANY INFORMATION, PRODUCTS AND SERVICES YOU OBTAIN THROUGH THE SITE, WHETHER RESULTING IN WHOLE OR IN PART FROM A BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE.

  1. INDEMNIFICATION

By using the Site, you agree to defend, indemnify, and hold harmless Openslate.com from and against any and all losses, claims, damages, costs and expenses (including but not limited to reasonable legal and accounting fees) that Openslate.com may incur arising or resulting from your use of our Site, the content of the Site, or your breach of these Terms and Conditions. Openslate.com reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

  1. Termination

We may stop (either temporarily or permanently) providing Service to you (or any features of the Service) or has terminated its relationship with us, (e) we no longer provide the Service to customers in the jurisdiction in which you reside of (f) for any reason, in our sole discretion. Termination will be effective without notice to you.

  1. Third Party Links

THIS SITE MAY CONTAIN LINKS TO WEB SITES CONTROLLED OR OFFERED BY THIRD PARTIES (NON-AFFILIATES OF OPENSLATE.COM). OPENSLATE.COM HEREBY DISCLAIMS LIABILITY FOR, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD PARTY SITES LINKED TO THIS WEB SITE. BY CREATING A LINK TO A THIRD PARTY WEB SITE, OPENSLATE.COM DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED AT THAT WEB SITE, NOR IS OPENSLATE.COM LIABLE FOR ANY FAILURE OF ANY PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. SUCH THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF OPENSLATE.COM AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE OPENSLATE.COM SITE.

  1. Consent to Be Contacted by Phone, Email, or Postal Mail

By submitting your contact information to us, you are expressly consenting to be contacted by us by telephone, email or postal mail even if you have opted into the national Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List or the Do Not Call List of any specific institution.
In connection with Your loan, Openslate.com may need or want to contact You from time to time in connection with your account or any loan for which you have begun or completed the application process. By registering for a Openslate.com account or beginning an application on our Site for any loan or service, you are consenting to be contacted by us by written notices, email messages, text messages, or telephone, and, in connection with any such telephone calls, you consent to the use prerecorded/artificial voice messages and/or automatic dialing devices, at any telephone number associated with your Openslate.com account, including mobile telephone numbers that could result in charges to you, or at any email address or mailing address we have for you in our records or from other public and nonpublic databases we may lawfully access. Where allowed by law, we also may contact other individuals who may be able to provide updated employment, location, and contact information for you.

  1. Additional Terms

Certain sections or pages on this site may contain additional terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

  1. Minors

This Site is not directed at children under the age of eighteen (18) and Openslate.com does not knowingly collect personal information at this Site from any child under the age of eighteen (18).

  1. Governing Law/Dispute Resolution

This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts or choice of law. All disputes arising out of or related to this Agreement will be resolved by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration hearings and all meetings pursuant to this section shall be held in [Los Angeles County], California and judgment on the arbitration award may be entered into any court of competent jurisdiction in [Los Angeles County], California. No arbitrator shall have the power to award damages in connection with any dispute in excess of actual compensatory damages and shall not multiply actual damages nor award consequential, punitive or exemplary damages, and each party irrevocably waives any claim to any such damages. This Agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration or claims of any non-party, regardless of the nature of the issues involved.

THE TERMS OF THIS SECTION PROVIDE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. BY USING THE SERVICE, YOU AGREE AND ACKNOWLEDGE THAT YOU GIVE UP YOUR RIGHT TO GO TO COURT OR HAVE JURY TRIAL. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS AGAINST US.

IF ANY PROVISIONS OF THIS SECTION ARE FOUND TO BE INAPPLICABLE OR UNENFORCEABLE, YOU AGREE THAT JURISDICTION OVER AND VENUE OF ANY SUIT SHALL BE EXCLUSIVELY IN THE STATE AND FEDERAL COURTS OF [LOS ANGELES COUNTY], CALIFORNIA. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IT WILL FOREVER BARRED.