Terms of Use
Last Updated: July 31, 2025
*Monster is now part of the BOLD family.
Terms of Use
These are the Terms of Use ("Terms") that set forth the legal contract between MCB Puerto Rico LLC (558803) (“Provider”) each individual seeking employment, and/or information related to an employment or job search (“Job Seekers”), and organizations seeking to provide information and to search for individuals regarding open employment positions, including employment agencies (“Employers”) or other users (collectively, “Users”) and how they may use the Provider Sites and the Provider Services (each as defined below). These Terms include the Provider Privacy Notice (“Privacy Notice”) which is incorporated into these Terms by reference.
These Terms constitute a binding agreement between each Job Seeker, Employer or other User (“You” or “Your”) and MCB Puerto Rico LLC, including but not limited to its subsidiaries and affiliated companies (collectively “Provider Group"). Affiliated companies are entities that control, are controlled by, or are under common control with MCB Puerto Rico LLC. These Terms, including the Privacy Notice, are deemed accepted by You each time that You use or access any Provider Site or service provided through any of our portals (“Provider Service”). If You do not accept the Terms stated here, do not use the Provider Services. Provider may revise these Terms at any time by posting an updated version to this URL. You should visit this URL periodically to review the most current Terms because they are binding on You. The site is directed to people within the United States. Content available on or through the site may not be appropriate or available in other locations. Provider may limit the availability of the site and service to any person or geographic area at any time. If you access the site from outside the United States, you do so at your own risk.
SECTION 17 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTIONS) RELATED TO THE PROVIDER’S SERVICES AND/OR PRODUCTS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED IN SECTION 17.
1. Use of the Provider Sites.
The Provider Sites are defined as any websites under Provider's control, whether partial or otherwise (including, without limitation, monster.com or any other website from which these Terms were accessed). You represent and warrant that you are of age under the laws of your jurisdiction and/or lawfully able to enter contracts. If you are not legally able to enter contracts, you shall not use the Service at any time or in any manner or submit any information to Provider or the Service. The compilation (meaning the collection, arrangement and assembly) of all content on the Provider Sites is the exclusive property of Provider and is protected by copyright, trademark, and other laws. When You register with any Provider Site, You may be asked to login with Facebook, Google, Apple or another service or create an account and provide Provider with certain information including, without limitation, name, zip code, career and education level and a valid email address ("Information").
The Provider Sites also allow Job Seekers to create individual profiles (“Profiles”), which may include personal information, and to make these Profiles, or aspects thereof, public or private. Any Profile You submit must be accurate and describe You, an individual person.
2. Use of Provider Content.
Provider authorizes You, subject to these Terms, to access and use the content within the Provider Sites, such as designs, text, graphics, images, video, data, information, logos, button icons, software, audio files and other Provider content (collectively, "Provider Content") and to download and print a single copy of Provider Content available on or from the Provider Sites solely for Your personal use. The Provider Content is protected under copyright, trademark and other laws. All Provider Content is the property of Provider or its licensors. Unauthorized use of the Provider Content may violate these laws and/or applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Provider Content on any authorized copy You make of the Provider Content.
Any code that Provider creates to generate or display any Provider Content or the pages making up any Provider Site is also protected by Provider's copyright and You may not copy or adapt such code.
You agree not to sell or modify the Provider Content or reproduce, display, publicly perform, distribute, or otherwise use the Provider Content in any way for any public or commercial purpose, in connection with products or services that are not available on the Provider Sites, or in any other manner that is likely to cause confusion among consumers, that disparages or discredits Provider or its licensors, that dilutes the strength of Provider's or its licensor’s property, or that otherwise infringes Provider's or its licensor’s intellectual property rights. You further agree to in no other way misuse Provider Content. The use of the Provider Content on any other application, web site or in a networked computer environment for any purpose is prohibited.
3. Use of the Provider Services.
The Provider Services are defined as the products, applications and services offered by Provider to Job Seekers and Employers, including an online service to post and search employment opportunities and any mobile application or other interface that allows You to access such application (collectively, “Provider Services”).
The Provider Services, including but not limited to, access to (a) ads listing employment opportunities (“Job Ads”), and (b) a license for access to a database of resumes, which may include access to resumes including veteran and diverse candidates (“Resume Database”) and other services offered through the Provider Sites. Employers use of the Provider Services is also subject to any Master Services Agreement, Sales Order, Statement of Work, or other contract an Employer may have with Provider (collectively the “Contract”). In the case of any conflict between these Terms and a Contract you have with Provider, the terms of your Contract will prevail.
You are responsible for maintaining the confidentiality of Your account and passwords, as applicable. 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 Provider Site registrations and passwords, whether or not authorized by You. You agree to immediately notify Provider of any unauthorized use of Your account or passwords.
You understand and agree that Provider may modify the Services at any time without need for prior notice, unless required by law, without being subject to penalties or liabilities at any time.
All Provider Users agree to not:
(a) transmit, post, distribute, store or destroy material, including without limitation Provider Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of Provider’s Privacy Notice;
(b) take any action that imposes an unreasonable or disproportionately large load on any Provider Site's infrastructure;
(c) use any device to navigate or search any Provider Site other than the tools available on the Site, generally available third-party web browsers, or other tools approved by Provider;
(d) use any data mining, robots, spiders or other similar data gathering or extraction methods;
(e) violate or attempt to violate the security of any Provider Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of any Provider Site;
(h) aggregate, copy or duplicate in any manner any of the Provider Content or information available from any Provider Site, including expired job ads, other than as permitted by these Terms;
(i) frame or link to any Provider Content or information available from any Provider Site, unless permitted by these Terms;
(j) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating media;
(k) post any resume or Profile or apply for any job on behalf of another party;
(l) defer any contact from an employer to any agent, agency, or other third party;
(m) set more than one copy of the same resume to public at any one time;
(n) share with a third party any login credentials to any Provider Site;
(o) access data not intended for You or logging into a server or account which You are not authorized to access;
(p) post or submit to any Provider Site any incomplete, false or inaccurate biographical information or information which is not Your own;
(q) post content that contains restricted or password-only access pages, or hidden pages or images;
(r) solicit passwords or personally identifiable information from other Users;
(s) delete or alter any material posted by any other person or entity;
(t) harass, incite harassment or advocate harassment of any group, company, or individual;
(u) send unsolicited mail or email, make unsolicited phone calls or send unsolicited texts, tweets or faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
(v) attempt to interfere with service to any User, host or network, including, without limitation, via upload of a virus to any Provider Site, overloading, "flooding", "spamming", "mailbombing" or "crashing" such Provider Site;
(w) promote or endorse an illegal or unauthorized copy of another person's copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
(x) use the Provider Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job ad that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Provider’s discretion.
Users who violate these Terms may have their access and use of the Provider Sites suspended or terminated, at Provider’s discretion. Violations of system or network security may result in civil and/or criminal liability. Provider will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
4. Additional Terms Applicable to Employers.
Employers are solely responsible for their postings on Provider Sites. Provider is not to be considered to be an employer with respect to Your use of any Provider Site and Provider shall not be responsible for any employment decisions, for whatever reason, made by any entity posting Job Ads on any Provider Site.
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from Provider, including saved resumes, network contacts, and email mailing lists, may be deleted from Provider's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through Provider’s web servers.
In order to protect Provider Users from commercial advertising or solicitation, Provider reserves the right to restrict the number of e-mails or texts which an employer may send to Users to a number which Provider deems appropriate in its sole discretion. You shall use Provider Profiles in accordance with all applicable privacy and data protection laws.
4.a. Provider Job Ads.
All Job Ads must comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property.
All Job Ads must contain salary information where required by applicable law. As required by state regulations, Job Ads must state the minimum and maximum salary the employer in good faith believes at the time of the posting they are willing to pay for the advertised job and Provider will not accept, including but not limited to NYC, Job Ads missing such salary information.
A Job Ad may not contain:
(a) any hyperlinks, other than those specifically authorized by Provider;
(b) misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Provider’s reasonable discretion;
(c) the names, logos or trademarks of unaffiliated companies other than those of your customer, if applicable;
(d) the names of colleges, cities, states, towns or countries that are unrelated to the posting;
(e) more than one job or job description;
(f) inaccurate, false, or misleading information; and
(g) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You may not use Your Provider Job Ad to:
(a) post jobs in a manner that does not comply with applicable local, national and international laws;
(b) post jobs that require citizenship of any particular country or lawful permanent residence in a country or possession of a certain type of visa, unless otherwise required in order to comply with laws, regulations, executive orders, or a federal, state or local government contract;
(c) post jobs that include any screening requirement or criterion in connection with a Job Ad where such requirement or criterion is not an actual requirement of the posted job;
(d) with respect to Profiles, determine a consumer's eligibility for: (i) credit or insurance for person, family, or household purposes; (ii) employment; or (iii) a government license of benefit.
(e) promote or advertise career fairs, job fairs, hiring events, conferences, seminars or open houses or any other event or meeting without Provider’s prior approval;
(f) post jobs or other advertisements for competitors of Provider or post jobs or other content that contains links (other than links to apply for the job) to any site competitive with Provider;
(g) sell, promote or advertise products or services;
(h) post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
(i) post any business opportunity that requires an up-front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
(j) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the Job Seeker would be selling;
(k) promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;
(l) post jobs on any Provider Site for modeling, acting, or entertainment agencies or modeling or acting scouting positions;
(m) advertise sexual services or seek employees for jobs of a sexual nature;
(n) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
(o) endorse a political party, political agenda, political position or issue;
(p) promote a religion;
(q) post jobs located in countries subject to economic sanctions of the United States Government; and
(r) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin, (ii) political beliefs, (iii) philosophical or religious beliefs, (iv) membership of a trade union, (v) physical or mental health (including pregnancy status), (vi) sexual life, (vii) the commission of criminal offences or proceedings, (vii) age or (viii) sex or gender.
Provider reserves the right to remove any Job Ad or content from any Provider Site, which in the reasonable exercise of Provider’s discretion, does not comply with the above Terms, or if any content is posted that Provider believes is not in the best interest of Provider.
If at any time during Your use of the Provider Services, You made a misrepresentation of fact to Provider or otherwise misled Provider in regards to the nature of Your business activities, Provider will have grounds to terminate Your use of the Provider Services.
4.b. Provider Resume Database.
Employers shall use the Resume Database as provided in these Terms and in any Contract You have with Provider. You shall use the Resume Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data or Information from the Resume Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
You may not use the Resume Database in any way which, in Provider’s sole discretion, adversely affects Provider’s business, business prospects, the performance or function of any Provider Site or the Resume Database, or interferes with the ability of other subscribers to access the Resume Database.
You shall take appropriate physical, technical, and administrative measures to protect the data and Information You have obtained from Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Resume Database seat-based license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.
The Resume Database and Information obtained from the Resume Database shall not be used:
(a) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
(b) to send emails or text messages or make phone calls to resume holders that, in Provider’s sole discretion, are excessive in frequency or related to Job Ads that are irrelevant to the work history or location of, or unlikely to be of interest to, the resume holder contacted;
(c) to make unsolicited phone calls or faxes or send unsolicited mail, email, texts or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
(d) to source candidates or to contact Job Seekers or resume holders in regard to career fairs and business opportunities prohibited by these Terms; or
(e) take any other action that is, in Provider’s sole discretion, inconsistent with these Terms, misleading or incomplete, or in violation of any federal, state, local law, statute, code, rule, or regulation.
In order to ensure a safe and effective experience for all of our customers, Provider reserves the right to limit the amount of data (including resume views) that may be accessed in the Resume Database by You or the number of contacts, emails or messages You may make or send within any Provider system in any given time period. These limits may be amended in Provider’s sole discretion from time to time.
5. Additional terms applicable to Job Seekers.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or Information contained therein placed by You on the Provider Sites.
You acknowledge and agree that You should protect your Information by never providing social security, credit card or bank account numbers to prospective employers. Learn More.
You acknowledge that (i) Job Ads are created by third parties over whom Provider has no control; and (ii) Provider has no control over the content of Job Ads or links from Job Ads.
Provider reserves the right to offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter or if you have agreed to receive such offers made by Provider or by third parties. Please see Provider's Privacy Notice, for further details regarding Your Information.
You understand and acknowledge that You have no ownership rights in Your account and that as a Job Seeker, if you request account deletion or Your account is terminated, all Your account information, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from Provider's databases and will be removed from any public area of the Provider Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through Provider’s web servers. However, once your information is disclosed it may have been already previously accessed, stored, and/or copied by others, and therefore, we are unable to delete the information from their systems. By sharing your Profile with third parties, you do so at your own risk. Once your Profile is published, we have no control over your publicly available data. In addition, third parties or Employers may retain saved copies of Your Information.
Employers please note that cancellation of your subscription plan will not automatically result in unpublishing of Job Ads. Cancellations are effective at the start of the next billing cycle. Data shared by Employers through the use of the site may be retained by Provider until a data deletion request is submitted.
Provider reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.
6. User Content and Submissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a Provider Site ("User Content") is the sole responsibility of the person from which such User Content originated. Provider claims no ownership or control over any User Content. You or a third-party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through Provider and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through Provider, you grant Provider a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through Provider. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant Provider a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting Provider and its services. Provider will discontinue this licensed use within a commercially reasonable period after such User Content is removed from Provider. Provider reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
You also represent and warrant that You have the right to grant, or that the holder of any rights, including moral rights in such User Content has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. Subject to the foregoing, the owner of such User Content placed on any Provider Site retains any and all rights that may exist in such User Content. We may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that Content to any requirements or limitations within the Service, or of any networks, devices, services or media; including, but not limited, to structured data markups for content ratings. You also hereby grant each user of the Service a non-exclusive license to access your public User Content, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms. To the extent permitted by applicable law, (i) the above licenses granted by you in User Content you submit to the Service will survive even if you remove or delete your User Content from the Service and, (ii) the above licenses granted by you in forum comments, testimonials or submissions you submit are perpetual and irrevocable. Except with respect to your User Content, you agree that you have no right or title in or to any other content or Materials (see Section 2) that appears on or in the Service, including, but not limited to any information associated with another Account or user profile or stored on or in the Service. You also appoint Provider as your agent with full power to enter into any document and/or do any act Provider may consider appropriate to confirm the grant and assignment, consent and waiver set out above.
Provider may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any Provider Site. Provider reserves the right to expel Users and prevent their further access to the Provider Sites and/or use of Provider Services for violating the Terms or applicable laws, rules or regulations. Provider may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Provider, damage Provider’s brand or public image, or cause Provider to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
Provider does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does Provider endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
The following is a partial list of User Content that is prohibited on the Provider Sites. The list below is for illustration only and is not a complete list of all prohibited User Content.
Content that:
- is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
- harasses, incites harassment or advocates harassment of any group or individual
involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”;
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
- contains restricted or password only access pages, or hidden pages or images;
- displays or links to pornographic, indecent or sexually explicit material of any kind;
- provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
- provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
- solicits passwords or personally identifying information from other Users.
Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You.
Profiles derived from User Content may also be made available through the Provider Sites. Provider does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived Profiles may differ significantly from User Content.
We appreciate hearing from our Users and welcome Your comments regarding our services and the Provider Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value Your feedback on our services, please be specific in Your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Provider. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Provider shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
7. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any Provider Site and is accessible on such Provider Site in a way that constitutes copyright or trademark infringement, please contact Provider by email at legal@bold.com or by regular mail at:
MCB Puerto Rico LLC,
DMCA Designated Agent,
City View Plaza II, Ste 6000
48 Road 165
Guaynabo, Puerto Rico 00968
Need help with a Job Seeker issue? Contact Us.
To be sure the matter is handled immediately, your written notice must:
- Contain your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
- Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
- Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
- Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.
b) Submitting a Counter-Notification. We will notify you that we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a validly received DMCA take-down notice. In response, if you believe the material was removed or disabled by mistake or because of a misidentification of the material, you may provide our agent with a written counter-notification that includes the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States of America, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
c) Termination of Repeat Infringers. We reserve the right, in our sole discretion, to terminate the accounts of repeat infringers in appropriate circumstances.
Provider seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
8. Policy regarding termination of Users who infringe the copyright or other intellectual property rights of others.
Provider respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the Provider Sites, You agree not to use any Provider Site to infringe the intellectual property rights of others in any way. Provider reserves the right to terminate the accounts of any Users, and block access to the Provider Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Provider reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact Provider as set forth in Section 7 above.
9. Provider's Liability.
The Provider Sites act as, among other things, venues for (i) Employers to post job opportunities and search for and evaluate Job Seekers and (ii) Job Seekers to post resumes and Profiles and search for and evaluate job opportunities. Provider does not screen or censor the listings, or Profiles offered. Provider is not involved in, and does not control, the actual transaction between Employers and Job Seekers. As a result, Provider is not responsible for User Content, Job Ads, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and Provider makes no representations about any jobs, resumes or User Content on the Provider Sites. While Provider reserves the right in its sole discretion to remove User Content, Job Ads, resumes or other material from the Provider Sites from time to time, Provider 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.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the Provider Sites. By its very nature other people’s information may be offensive, harmful, or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the Provider Sites.
Because User authentication on the Internet is difficult, Provider cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any Provider Site, in the event that You have a dispute with one or more Users, You release Provider (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
You are solely responsible for your interactions with other users of the Site and any other parties with whom you interact through the Site. If you have a dispute with one or more users (including merchants), you hereby release the Provider Group from any claims, demands, liabilities, costs or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
The Provider Sites and the Provider Content may contain inaccuracies or typographical errors. Provider makes no representations about the accuracy, reliability, completeness, or timeliness of any Provider Site or the Provider Content. The use of all Provider Sites and the Provider Content is at Your own risk. Changes are periodically made to Provider Sites and may be made at any time. Provider cannot guarantee and does not promise any specific results from use of any Provider Site. No advice or information, whether oral or written, obtained by a User from Provider or through or from any Provider Site shall create any warranty not expressly stated herein.
If You are a California resident, You waive California Civil Code Section 1542, which says: "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."
Provider encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall Provider be liable for the deletion, loss, or unauthorized modification of any User Content.
Provider does not provide or make any representation as to the quality or nature of any of the third-party products or services purchased through any Provider Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty, or guarantee would be furnished solely by the provider of such third-party products or services, under the terms agreed to by the provider.
If You believe that something on the Site violates these Terms please Contact Us.
If notified of any content or other materials which allegedly do not conform to these Terms, Provider may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. Provider has no liability or responsibility to Users for performance or nonperformance of such activities.
10. Disclaimer of Warranty.
TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER DOES NOT WARRANT THAT ANY PROVIDER SITE OR ANY PROVIDER SERVICES WILL OPERATE ERROR-FREE OR THAT ANY PROVIDER SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY PROVIDER SITE OR THE PROVIDER CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, PROVIDER IS NOT RESPONSIBLE FOR THOSE COSTS. THE PROVIDER SITES AND PROVIDER CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. PROVIDER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE PROVIDER CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES AND CONDITIONS, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IF YOU ARE ACCESSING THE SERVICE FROM THE EUROPEAN UNION OR OTHER JURISDICTIONS THAT TO DO NOT RECOGNIZE DISCLAIMERS OF CERTAIN WARRANTIES, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS OR EMPLOYEES.
11. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROVIDER, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY PROVIDER SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY PROVIDER SITE AND THE PROVIDER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROVIDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE PROVIDER GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
12. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY PROVIDER SITE OR YOUR USE OF THE PROVIDER CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
13. Links to Other Sites.
The Provider Sites contain links to third party websites. These links are provided solely as a convenience to You and not as an endorsement by Provider of the contents on such third-party websites. Provider is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you elect to use such third-party sites, and/or if you elect to ‘click’ on a link or button, you understand that (a) you will be leaving our Site and (b) your use of any such third-party sites will be subject to any terms and conditions and privacy policies required by the applicable third-party provider(s).
Provider may also partner with third party sites to provide additional services. These services may or may not be free to use and Provider reserves the right to charge to allow access to such third party tools. Once the User leaves Provider’s site and accesses the third-party site, Provider may not be able to support such third-party site usage, and the user may need to contact the third-party customer service for support, if needed. Provider’s customer service may take reasonable steps to help the Users, but they may be redirected to the third-party site for further support. The data that you share with the third-party is not under Provider’s control and it’s shared by you in compliance with the third party Privacy Policy and at your own risk. Provider may modify, suspend, or terminate third-party services at any time at Provider’s sole discretion, which may affect your access to the third-party account. Provider disclaims liability for any changes in third-party sites and services, their availability, content, and features. Provider also disclaims liability for any additional fees charged by third parties for access to additional tools or services they provide beyond those made available.
14. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Provider Site.
15. Indemnity.
You agree to defend, indemnify, and hold harmless Provider, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, liabilities, costs or expenses, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any Provider Site, (ii) Your use of any Provider Content, or (iii) Your breach of these Terms. Provider shall provide notice to You promptly of any such claim, suit, or proceeding.
16. Governing Law and Disputes.
These Terms are governed by the laws of New York, except as specified in Section 17 below, without respect to its conflict of laws principles.
Section 17 of these Terms, which contain an arbitration agreement and class action waiver, are governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA”) and other applicable federal law, including the FAA’s procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of the arbitration agreement and all of its provisions, including, without limitation, the class action waiver. State arbitration laws do not govern in any respect. To the extent state law applies to any disputes and claims that are subject to the binding arbitration agreement and/or class action waiver in Section 17, the law of the state of New York will apply.
For any claims or disputes that are not within the jurisdiction of any small claims court, and are not subject to the arbitration agreement in Section 17 of these Terms, You and we consent to the jurisdiction of the courts of New York.
These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
17. Binding Arbitration Agreement and Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Scope of the Arbitration Agreement. You and we each agree that, except as provided below, any dispute, claim, or controversy relating in any way to or arising in any way out of the Terms, the Provider’s services, or the Provider’s products, including the Service, and any use (or lack of use) or access (or lack of access) thereto, or purchase from the Provider (collectively, “Dispute”)—irrespective of when that Dispute arose—whether based in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis, shall be resolved exclusively through final and binding individual arbitration, rather than in Court. You and we thereby agree to waive any right to a jury trial, and agree that you and we may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. “Dispute” will be given the broadest possible meaning allowable under law.
A. Informal Dispute-Resolution Process:
Either party asserting a Dispute shall first try in good faith to resolve it by providing written notice to the other party, as specified below, describing the facts and circumstances relating to the Dispute (including any relevant documentation). You must send any notice to legal@bold.com or to the U.S. mailing address listed in the “Contact Us” section of these Terms. Any notice we send to you will be sent to the most recent contact information that you provide us. If no such information exists or if such information is not current, we have no obligation under this section. For a period of sixty (60) days from the date of receipt of notice from the other party, you and the Provider will attempt in good faith to resolve the Dispute, though nothing will require either you or the Provider to resolve the Dispute on terms that either you or the Provider, in each of our sole discretion, find unacceptable. Both you and the Provider agree that this Informal Dispute-Resolution Process is a condition precedent which must be satisfied before the initiation of arbitration against the other party.
B. Arbitrating Disputes:
After the Informal Dispute-Resolution Process, any remaining Dispute will be resolved through binding arbitration, using the English language, administered by JAMS under its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). If arbitration before JAMS is unavailable or impossible for any valid reason, any Dispute remaining after the Informal Dispute-Resolution Process will be conducted by, and according to, the rules and regulations then in effect of the American Arbitration Association (AAA). Either Party may initiate arbitration of a Dispute upon completion of the Informal Dispute-Resolution Process for that Dispute. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any and all Disputes arising out of or relating to the formation, existence, scope, validity, interpretation, applicability, or enforceability of this agreement to arbitrate, or any part of it, or of these Terms of Use, including, but not limited to, any claim (except as explicitly outlined below) that all or any part of this agreement to arbitrate or the Terms of Use is void or voidable. If any party disagrees about whether any portion of this Section 17 can be enforced or whether it applies to the Dispute, the parties agree that the arbitrator will decide that Dispute. Notwithstanding the foregoing, the parties agree that any issue concerning the validity of the class action waiver contained in this arbitration agreement must be decided by a court, and an arbitrator does not have authority to consider the validity of the class action waiver. Both you and the Provider understand and agree that we are waiving our right to sue or go to court to assert or defend our rights, except as set forth below.
Unless you and the Provider agree otherwise, including to conduct the arbitration by telephone or videoconference or to have the arbitrator decide the Dispute without a hearing, any arbitration brought by or against a User who lives in the United States shall take place in-person in the User’s hometown or in New York, NY, unless the arbitrator determines that a different location would better serve the convenience of the parties. If you live outside the United States, any arbitration will take place in New York, NY.
Arbitration will be handled by a single arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and the Provider are each waiving the right to trial by jury or to participate in a class action or class arbitration.
C. Exceptions:
Notwithstanding the arbitration agreement in this Section 17, you and the Provider agree that the following types of Disputes will be resolved in a court of proper jurisdiction, unless both you and the Provider agree to submit the Dispute to arbitration pursuant to the procedures in this binding arbitration agreement:
- Disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as the action or proceeding is brought and maintained as an individual action or proceeding and not as a class, representative, or consolidated action or proceeding;
- Disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or
- intellectual property Disputes.
Any litigation in court of the foregoing types of Disputes (except for small claims court actions) may be commenced only in a federal or state court located within New York, NY, and you and the Provider each consent to the jurisdiction of those courts for such purposes. Regardless of whether the foregoing types of Disputes in this Exceptions provision are resolved by a court or pursuant to arbitration, you and the Provider agree that the Dispute is subject to the class action waiver provision set in this Section 17.
D. Costs of Arbitration:
Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, the Provider will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below).
Each party is responsible for his, her, their or its own attorneys’ fees and expenses, and the Provider will not pay your attorneys’ fees or expenses except to the extent ordered by the arbitrator. For the avoidance of doubt, in cases where a statute give you the right to recover attorneys’ fees if you prevail, the arbitrator may award attorneys’ fees pursuant to that statute. In the event the arbitrator determines the Dispute you brought to arbitration is, in whole or in part, frivolous according to Federal Rule of Civil Procedure 11, or brought for an improper purpose, you agree to reimburse the Provider for all fees associated with the arbitration paid by the Provider that you otherwise would have been obligated to pay under the JAMS Rules. In determining whether a Dispute is frivolous, in whole or in part, the arbitrator may consider whether the Provider has offered you a full refund of the sum you paid to the Provider for services provided by the Provider or has otherwise offered full relief to you in relation to your individual claim. If the arbitrator, upon final disposition of the case, finds your Dispute was not frivolous, the Provider will reimburse any filing fees that you paid and were not otherwise reimbursed. Judgment on the arbitration award may be entered in any court that has jurisdiction.
E. Opt-Out:
You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to:
MCB Puerto Rico LLC
City View Plaza II, Suite 6000
Guaynabo, PR 00968
United States of America
The notice must be sent to the Provider within thirty (30) days of your first agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver provision, the class action waiver still applies. You may not opt out of only the class action waiver provision and not also the arbitration provisions. If you opt-out of the arbitration provisions, or if you opt out of both the arbitration and the class action waiver provisions, the Provider will also not be bound by them.
F. WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS:
To the fullest extent permitted by applicable law, you and the Provider each agree that any proceeding, whether in court or arbitration, to resolve any Dispute will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). You and the Provider AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. You and the Provider EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM (whether arbitration, court, or otherwise). If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Further, you and the Provider agree that the ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND THE ARBITRATOR MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, the waiver of the right to bring claims in or otherwise participate in a class, representative, or consolidated action or proceeding set forth in the class action waiver contained herein does not prevent you from seeking public injunctive relief in an individual capacity to the extent otherwise authorized by law.
IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the limitations of this Section 17(F) are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.
G. Miscellaneous:
We will provide notice of any material changes to this binding Arbitration Agreement and/or class action waiver (which may be satisfied by updating these Terms of Use, unless not otherwise permitted by law), in which case you will have the right to opt out of the arbitration provisions and/or class action waiver within 30 days after such change, consistent with the terms above. Except as set forth above regarding the class action waiver provision, if any portion of these arbitration provisions is deemed invalid or unenforceable, it will not invalidate the remaining portions of these arbitration provisions. Other than with respect to the class action waiver, as set forth above, only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this binding Arbitration Agreement, including whether any Dispute falls within its scope.
In the event that the arbitration agreement and/or class action waiver in this Section 17 is for any reason held to be unenforceable, any litigation against us (except for actions in small claims court) may be commenced only in a federal or state court located in New York, NY, and you and the Provider each consent to the jurisdiction of those courts for such purposes. In the event any provision of these Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that, unless it materially affects the entire intent and purpose of these Terms of Use, the invalidity, voidness, or unenforceability shall affect neither the validity of these Terms of Use nor the remaining provisions herein (except as set forth above with respect to the class action waiver), and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision.
18. General.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Provider’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Provider’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the Provider Sites, a particular "Legal Notice" or software license or material on particular pages on the Provider Sites, these Terms constitute the entire agreement between You and Provider with respect to the use of the Provider Sites. No changes to these Terms shall be made except by a revised posting on this page.
Provider makes no claims or representations that the Provider Content may be lawfully viewed or accessed outside of the United States. Access to the Provider Content may not be legal by certain persons or in certain countries. If You access any Provider Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Any software downloaded from any Provider Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
19. Local Regulations
Provider makes no representation that Materials or other content on the Service are appropriate or available for use outside of the United States of America, and if accessing the Service from outside the United States, then Provider makes no representation that Materials or other content on the Site are appropriate or available for use from your current location. You are responsible for complying with local laws, if and to the extent local laws are applicable.
20. Electronic Communications.
The communications between you and Provider may be made through electronic means, whether you visit the Service or send Provider emails, or whether Provider posts notices on the Service or communicates with you via email. We will communicate with you using various types of electronic communication channels, including e-mail, also by posting messages or messages on the website or as part of other website functionalities, such as the Dashboard. For contractual purposes, you (1) consent to receive communications from Provider in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Provider provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
21. California Residents Notice.
Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: The Service is provided MCB Puerto Rico LLC. If you have a question or complaint regarding the Service, please contact Customer Service by filling out this form. You may also contact us by writing us at MCB Puerto Rico LLC, City View Plaza II, 48 Road 165 Suite 6000, Guaynabo, PR 00968, USA. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700. Email: dca@dca.ca.gov.
22. Additional Terms.
Certain areas of the Provider Sites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.
By using any areas of this website or the other Provider Sites that contain Google Maps, you agree to be bound by the Google Maps Terms of Use available at http://maps.google.com/help/terms_maps.html and the legal notices available at http://www.maps.google.com/help/legalnotices_maps.html as they may be updated from time to time.
23. Mobile Services.
If You use the Provider Sites through a mobile device, You agree that information about Your use of the Provider Sites through Your mobile device and carrier may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the Provider Sites through a mobile device may cause data to be displayed on and through Your mobile device. By accessing the Provider Sites using a mobile device, You represent that to the extent You import any of Your Provider data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your Provider account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the Provider Sites through Your mobile access provider. Therefore, You should check with Your provider to find out if the Provider Sites are available and the terms for these services for Your specific mobile devices. By using any downloadable application to enable Your use of the Provider Sites, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
When You opt-in to an available text messaging service, we will send You a message to confirm Your signup. Message and data rates may apply. You will receive up to 7 messages per week. Text "HELP" for help. Text "STOP" to cancel.
You can cancel this service at any time. Just text "STOP" to 69359. After You send the message "STOP" to us, we will send You a reply message to confirm that You have been unsubscribed. After this, You will no longer receive messages from us. If You want to join again, just sign up as You did the first time and we will start sending messages to You again.
If at any time You forget what keywords are supported, just text "HELP" to 69359. After You send the message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
As always, message and data rates may apply for any messages sent to us from You. If You have any questions about Your text plan or data plan, it is best to contact Your wireless provider.
24. Term and Termination.
These Terms will remain in full force and effect while You are a User of any Provider Site. Provider reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the Provider Sites and immediate termination of Your registration with or ability to access the Provider Sites and/or any other services provided to You by Provider, upon any breach by You of these Terms or if Provider is unable to verify or authenticate any information You submit to a Provider Site registration. Even after You are no longer a User of the Provider Sites, certain provisions of these Terms will remain in effect.
25. Contact Us.
The Site is controlled and operated by Provider. Whether you access the services through any of our internet properties or family Sites you may contact Provider using the information provided herein. Please forward any comments or complaints about the Site through our Contact Form or write to MCB Puerto Rico LLC, City View Plaza II, Suite 6000, Guaynabo, PR 00968.