Terms of Service | A-List
A-List Terms of Service

Here’s a summary of some of the key points of our Terms of Service. Please agree to the full Terms of Service below before using A-List.

  • You agree to pay $10,000 if you hire a candidate after seeing them on A-List. This includes candidates you see but do not message, and includes contractors as well as full time employees.
    Read more »
  • This success fee will be waived if you send us evidence of two-way communication with the candidate within the last 12 months.
    Read more »
  • This success fee will be refunded to you if the hire is terminated within 90 days and you paid the $10,000 on time.
    Read more »
  • This does not affect candidates you contact on AngelList. Contacting candidates on AngelList remains free.
  • You agree to keep all communications and information confidential.
    Read more »

Here’s the full text of our Terms of Service.

I. SITE AND SERVICES

WHO

These Terms of Service are a binding agreement between you ("User") and us, VentureHacks, Inc. ("A-List", "us", "we" or "our", etc.). References to “User” and “you” include any employer or other party you may be acting for in accessing alist.co (the "Site").

There are two types of Users on the Site:

  • Candidates: Users that access the Site through the account of a potential employee or contractor.
  • Employers: Users that access the Site through the account of a potential employer.
WHAT

The Site provides services to help connect Candidates with Employers (the "Services"). Candidates and Employers can exchange information with one another through the Site in various ways, such as by creating profiles and sending messages (the "Content").

By accessing the Site or the Services, you agree to these Terms of Service and the Privacy Policy. If you don’t agree with any provision of these Terms of Service, you may not use the Site.

II. SUCCESS FEE

Employers agree to pay A-List a Success Fee for each Successful Hire of a Candidate whose Information the Employer obtained through the Services at any time in the year prior to extending the Candidate an Offer.

  • “Success Fee” means ten thousand dollars ($10,000).
  • “Successful Hire” means a verbal or written acceptance by a Candidate of an Offer.
  • “Offer” means an offer for paid employment or engagement as a paid consultant (for any length of services). A-List does not distinguish between offers for employment or engagement as a paid consultant.
  • “Information” means a Candidate’s identity, education, employment background or the fact that the Candidate is exploring new employment opportunities
Payment Terms

For each Successful Hire, the Employer shall pay the full Success Fee to A-List no later than thirty (30) days after the start date in the Offer.

Employers agree that late or partial payment of a Success Fee will invalidate any opportunity for a Success Fee refund.

Refund

A-List shall refund the Success Fee in full if the Employer notifies A-List and the following conditions are met:

  • Candidate’s employment or consultancy terminated within 90 days of the start date in the Offer
  • Employer paid the full Success Fee in full within 30 days of the Candidate’s acceptance; and
  • Candidate and Employer do not intend to resume (and actually do not resume) the employment or consultancy for at least nine (9) months after the termination date.
Fee Exemption

No Success Fee will be charged for a Successful Hire if the Employer can establish that it had a pre-existing evaluation ("Pre-Existing Evaluation") of the relevant Candidate in the 12 months prior to receiving the Candidate’s Information through the Services. Examples of Pre-Existing Evaluation include any two-way written communication with the Candidate or a documented formal interview with the Candidate about a job opportunity. A-List retains full discretion in determining whether information provided qualifies for a fee exemption per the criteria above.

III. PLACEMENT BONUS

Our Services are free of charge to Candidates. Candidates agree to immediately notify and provide A-List with a copy of each Offer they receive. Each Candidate accepting an Offer may be entitled to a placement bonus at the discretion of A-List if (s)he is Successfully Hired and complies with the terms of this Agreement. We will describe the terms of the placement bonus on the Site or otherwise communicate them in writing to Candidates.

IV. COVENANTS

Our goal is to provide the Site as a platform for Candidates and Employers to connect and positively develop employment relationships. In order to help us in achieving this goal, you agree that:

  1. You have the right, authority, and capacity to enter into these Terms of Service on your own behalf and on behalf of any entity for whom you are acting;
  2. You are at least 13 years old, and that if you are less than 18 years old, your parent or legal guardian has agreed to stand behind any agreement you enter into as a participant on A-List;
  3. You have read and understood the Terms of Service and Privacy Policy before using the Site and its Services, and you will review any updates to the Terms of Service and Privacy Policy;
  4. Your use of the Site or Services is not prohibited based on your residence, jurisdiction of organization, citizenship or location from which you are accessing the Site and Services;
  5. You shall be solely responsible for maintaining the confidentiality of your login information including your User ID and password;
  6. Prior to acting for any third party in respect of the Site or Services (including any entity, employer or recruiting agency), you will disclose all such third parties to us;
  7. You will promptly update your registration information (including your e-mail address and other contact information) and all Content you provide so that it remains correct and complete;
  8. You will conduct yourself in a professional and honest manner in all your interactions with A-List, the Site and Services, and with any other A-List user;
  9. You will only provide A-List with Content that you have a right to both provide to A-List and to allow A-List to share through the Site and Services and that you irrevocably and perpetually grant A-List the right to share all Content you provide;
  10. You have the power to grant, and do grant, A-List with a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to all Content that you provide that is covered by trademark, copyright, authors rights, or other intellectual property or similar rights;
  11. You grant A-List an exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to all Content that you prepare, produce, generate or create on the Site or through the Services to the extent such Content may be protected by trademark, copyright, authors rights, or other intellectual property or similar rights;
  12. To the extent that A-List is determined, for any reason, not to be the licensee of any Content you have shared through the Site including all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like (collectively “Moral Rights”), you hereby (a) ratify and consent to any action that may be taken by A-List to obtain licenses with respect to such Moral Rights by or authorized by A-List and agree not to assert any Moral Rights with respect thereto, and (b) agree that you will confirm any such ratifications, consents and agreements from time to time as requested by A-List;
  13. Your Content will be viewable by other Users and may be republished through third party services and websites (whether in accordance with these Terms of Service or in breach thereof such as by a third party that hacks into our Site or scrapes our Content);
  14. Any Content made available through the Site and Services is provided by Users and other third parties and is the sole responsibility of the person who originated such Content;
  15. You are not relying on A-List to, and you understand that we do not, review, confirm, monitor, endorse, support, represent, guarantee or have any knowledge of the completeness, truthfulness, accuracy or reliability of any Content or communications posted via the Site or Services;
  16. By using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, incomplete or otherwise inappropriate, and that you have no claim against A-List, its affiliates and their employees and other representatives for any such material;
  17. The Service may include advertisements or other similar items, which may be related to Content, queries made through the Services, or other information, and you have no claim against A-List for the placement of advertising or similar content on the Services or in connection with the display of any Content or other information from the Services;
  18. A-List and its affiliates are not obligated to provide you with any support, updates, enhancements, or fixes for the Site or Services (collectively, “Updates”). A-List may occasionally provide Updates to the Site or Services at its sole discretion (and without any advanced notification to you). Any such Updates shall become part of the Services and subject to these Terms of Service;
  19. You will comply with all applicable laws and regulations in using the Site and the Services.

You agree that you will not:

  1. use a name, email address or other identifying information that has the effect of hiding your own affiliation or identity or use a name, e-mail address or other identifying information that belongs to another person;
  2. use a User ID, password or other login information that is subject to any rights of another person without appropriate authorization;
  3. copy, disclose or distribute Content except as expressly permitted by these Terms of Services (including through the use of automated or non-automated harvesting, collection or “scraping”);
  4. use any Content, or other information acquired from the Site or through your use of the Services for commercial activity or in a manner that competes with A-List, the Site or the Services;
  5. use any automated system (including a spider, robot, or offline reader) to access the Site or Services in a manner that takes more bandwidth or produces greater load on A-List’s network or servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except A-List grants public search engines revocable permission to copy materials from the publicly available searchable indices of the materials, excluding any caches or archives of such materials);
  6. behave inappropriately towards any User of the Site or Services, or use the Site or Services to behave inappropriately towards any other third party (including by stalking, hacking, phishing, harassing, spamming, bullying, insulting, or otherwise harming anyone);
  7. post any Content that is fraudulent, false, misleading, defamatory, slanderous, libelous, obscene, threatening, unlawful, infringing, inflammatory, or in violation of agreements or policies you are subject to;
  8. interfere with, disrupt, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Services or related networks;
  9. destroy, manipulate, remove, disable, redact, modify, distort or harm any Content provided by another User or any functionality or feature of the Site or Services (including by de-indexing or de-caching our Site);
  10. upload worms, Trojan-horses, viruses, malware, invalid data or other software agents through the Site and/or Services;
  11. market competing services to Users you have identified through A-List, the Site or Services; and
  12. claim any right to access, view or alter any source code or object code supporting A-List.

V. PRIVACY AND CONFIDENTIALITY

A-List values your privacy. Please review our Privacy Policy to learn more about how we collect and use information about you via the Services. The Privacy Policy explains how A-List treats your personal information and protects your privacy when you access the Site or use the Services.

By using the Site you may have an opportunity to see Content created by other Users. You agree not to copy, distribute or disclose that Content.

As a Candidate, you agree to keep all communications received from Employers (other than offers of employment and their terms) confidential and not to disclose any hiring opportunities identified through the Site or Services without the Employer’s permission.

As an Employer, you agree to keep Candidate identities and information confidential. You agree not to disclose any information related to a Candidate within your organization, except as necessary to make hiring related decisions about that Candidate.

As either a Candidate or an Employer, you agree to take appropriate precautions to protect Content you obtain from the Site against misuse or disclosure. Content you provide to us is treated consistently with our Privacy Policy.

VI. RELEASE AND INDEMNITY

Release. You hereby release any claims you may have against A-List, its affiliates, and the directors, officers, managers, partners, employees, members, owners, agents and representatives of the foregoing (the "A-List Parties") that are related to:

  1. the Site, the Services or your use of Content, including any representations, recommendations or referrals you may receive as a result of your registration with A-List;
  2. misstatements, inaccuracies, misrepresentations, incompleteness or omissions in Content;
  3. contractual obligations or any other obligations that may arise by statute or operation of law through communications made by Users (including any employment or contractual relationship between a Candidate and an Employer);
  4. violations of these Terms of Service, including through other Users posting Content that is fraudulent, false, misleading, defamatory, slanderous, libelous, profane, obscene, invasive, threatening, harassing, bullying, intimidating, unlawful, infringing, inflammatory, or in violation of agreements or policies the User is subject to;
  5. any use by a third party of Content obtained from the Site or Services, including any misappropriation, infringement, or other unlawful activity that a third party may undertake after obtaining content in contravention of these Terms of Service or applicable law.

You are solely responsible for your use of the Site, Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other Users and third parties.

Indemnity. You agree to defend, indemnify and hold harmless each of the A-List Parties from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) ("Losses") arising from: (a) your use of the Site or Services or use of the Site or Services by a third party using your login information; (b) your violation of these Terms of Service, or a violation made by a third party using your login information; (c) your violation of any third party’s right (including by defamation, fraud, or infringement of intellectual property rights such as copyright, logo, trademark, service mark, trade name, property or privacy right) or any such violation caused by a third party using your login information; (d) any amounts awarded against or required to be paid by any A-List Party to any Candidate in connection with such Candidate’s claim arising from an employment, contractual or similar relationship between an A-List Party and such Candidate based on communications you (or a third party using your login information) made through the Site or Services; and (e) any Content you (or a third party using your login information) shared with other Users through the Site or Services. You shall pay all reasonable attorneys’ fees, court costs, settlements, disbursements and other defense costs in connection with the Losses arising under this paragraph. Your obligations under the foregoing indemnity may not be offset against any other claim you may have against the any A-List Parties. You remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Site and Services. You agree that the provisions in this paragraph will survive any termination of your account(s), the Site or the Services.

VII. LIMITATION OF LIABILITY

YOU AGREE AND ACKNOWLEDGE THAT IN NO EVENT SHALL AN A-LIST PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE AND/OR SERVICE, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF REPUTATION, OPPORTUNITIES, USE, DATA, REVENUE OR PROFITS, WHETHER OR NOT ANY A-LIST PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICE, ON ANY THEORY OF LIABILITY RESULTING FROM (1) THE USE OR INABILITY TO USE THE SITE OR SERVICE (INCLUDING ON ACCOUNT OF THE TERMINATION OF YOUR ACCESS TO THE SERVICES OR SITE OR TERMINATION OF YOUR ACCOUNT); (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE AND/OR SERVICE; (3) ANY DELETION OR MODIFICATION OF CONTENT YOU OR A THIRD PARTY PROVIDED ON THE SITE OR THROUGH THE SERVICES; OR (4) ANY OTHER MATTER RELATED TO THE SITE AND/OR SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. YOU AGREE THAT THE A-LIST PARTIES, IN AGGREGATE, SHALL NOT BE LIABLE TO AN EMPLOYER FOR MORE THAN THE SUCCESS FEES PAID BY A-LIST TO SUCH EMPLOYER IN THE PRECEDING TWELVE (12) MONTHS NET OF ANY REFUNDS. YOU AGREE THAT THE A-LIST PARTIES, IN AGGREGATE, SHALL NOT BE LIABLE TO A CANDIDATE FOR MORE THAN THE GREATER OF (1) $100 OR (2) ANY AMOUNT ACTUALLY PAID BY AN EMPLOYER TO A-LIST IN RESPECT OF HIRING SUCH CANDIDATE NET OF ANY REFUND OF SUCH AMOUNT.

THE SITE AND SERVICES MAY CONTAIN OR DELIVER ADVERTISING AND SPONSORSHIPS. ADVERTISERS AND SPONSORS ARE RESPONSIBLE FOR ENSURING THAT MATERIAL SUBMITTED FOR INCLUSION IS ACCURATE AND COMPLIES WITH APPLICABLE LAWS. WE ARE NOT RESPONSIBLE FOR THE ILLEGALITY OR ANY ERROR, INACCURACY OR PROBLEM IN AN ADVERTISER’S OR SPONSOR’S CONTENT.

YOU AGREE AND ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND A-LIST AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF A-LIST HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

VIII. DISCLAIMER OF WARRANTIES

TO THE EXTENT ALLOWED UNDER LAW, THE A-LIST PARTIES (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT DISRUPTION, FAILURE, INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SITE AND SERVICE (INCLUDING ALL CONTENT) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

IX. COMPANY RIGHTS AND LICENSE

All right, title, and interest in and to the Site and Services (excluding Content provided by users) is and will remain the exclusive property of A-List and its licensors. The Site and Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided herein, nothing in these Terms of Service gives you a right to use the A-List name or any of the A-List trademarks, logos, domain names or other distinctive brand features. You agree not to copy, distribute or disclose any Content contained on the Site or accessible through the Services unless we have given you express written permission to do so.

Right to Control Content. A-List may, but is not required to, monitor or control the Content posted via the Site and Services. Our non-exercise of this right does not give you any right to make a claim against an A-List Party. Any Content that has been uploaded through the Services may be deleted or modified at any time without notice to you.

Right to Change the Services. A-List reserves the right to discontinue, condition, modify, suspend or limit the Services or access to the Site in any way and at any time, with or without notice to you, without liability.

Right to Terminate User Access. A-List reserves the right to terminate your access to the Site and the Services without notice and, if you violate this Agreement, to pursue other remedies at law or in equity. We may delete your account, and if we delete your account you will lose all access to any information, connections or other features that may have value to you that may have been associated with your account.

Right to Refuse or Cancel Registration. A-List has the right to refuse registration of or cancel your user account in its discretion for any reason. In addition, A-List reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Site or through the Services or to terminate users and/or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) comply with any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service (including investigation of potential violations hereof), (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to user support requests or (v) protect the rights, property or safety of A-List, its users and the public.

No Obligations to Feature or Pay for Content. A-List is not obligated to pay you or to cause any other party to pay you any compensation with respect to your activities on A-List or Content you provide to the Site. A-List is not obligated to feature or otherwise display your Content on any web page.

X. COPYRIGHT POLICY

  1. A-List respects the intellectual property rights of others and requires anyone providing Content to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the U.S. Copyright Act have been infringed by acts of third parties over the Internet.
  2. If you believe that your copyrighted work has been copied without your authorization and is available through the Site or Services in a way that may constitute copyright infringement, or if you believe that any Content accessible through the Site or Services violates these Terms of Service or your intellectual property rights, please notify us as soon as possible by sending an email to abuse@angel.co or by mailing a letter to the A-List Copyright Agent listed below containing the following information in accordance with the DMCA: (i) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (ii) identification of the copyrighted work claimed to have been infringed; (iii) your contact information, including your address, telephone number, and an email address; (iv) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; (v) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
  3. Our A-List Copyright Agent for notice of alleged copyright infringement or other legal notices regarding Content appearing through the Site or Services is:

    VentureHacks, Inc.

    Attn: Copyright / A-List

    814 Montgomery St.,
    San Francisco, CA 94133

    Email: help@alist.co

  4. Please note that in addition to being forwarded to the person who provided the allegedly illegal content, we may send a copy of your notice (with your personal information removed) to Chilling Effects for publication and/or annotation. You can see an example of such a publication. A link to your published notice will be displayed on A-List in place of the removed Content.
  5. We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, A-List will also terminate a user’s account if the user is determined to be a repeat infringer.

XI. TERM AND TERMINATION

Unless terminated by A-List, these Terms of Service will remain in full force and effect while you use the Site or any of the Services. Subject to the last sentence of this Article XI, you may terminate these Terms of Service at any time by deleting all Content you have provided to A-List and ceasing to use the Site and Services. A-List may terminate these Terms of Service at any time, including if you are suspected of violating any provision of these Terms of Service. Upon termination of these Terms of Service for any reason, you shall destroy and remove from all computers, cloud storage and other storage media all Content that you acquired through use of the Site or Services. All provisions of Article V (Privacy and Confidentiality); Article VI (Release and Indemnity); Article VII (Limitations of Liability); Article VIII (Disclaimer of Warranties); Article IX (Company Rights and License); this Article XI (Term and Termination); Article XIII (Arbitration); and Article XV (Miscellaneous) and any other provision of these Terms of Service which by their nature are designed to survive termination shall survive any termination or expiration of these Terms of Service.

XII. DISPUTES WITH OTHERS

We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other Users. If you have a dispute with another User, you release the A-List Parties, and hereby agree to indemnify them from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in any way connected with, such a dispute.

XIII. ARBITRATION

THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. BY AGREEING TO THESE TERMS OF SERVICE, YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR CLASS ACTION. IN ADDITION, THIS AGREEMENT LIMITS THE BASES FOR LIABILITY AND REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

  1. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Service (“Dispute”), you and A-List agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to 814 Montgomery St., San Francisco, CA 94133, ATTENTION: LEGAL DEPARTMENT. A-List will send its notice by email to the email address provided by you in connection with your use of the Services.
  2. Binding Arbitration at Option of Either Party. If you and A-List are unable to resolve a Dispute through informal negotiations, either you or A-List may elect to have the Dispute finally and exclusively resolved by confidential binding arbitration. ANY ELECTION TO ARBITRATE BY ONE PARTY SHALL BE FINAL AND BINDING ON THE OTHER. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA websiteThe determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court of proper jurisdiction rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, A-List will pay all arbitration fees and expenses. The arbitration may be conducted, at the option of the claimant, either in person or by video conference. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged within a reasonable period of time (not to exceed 30 days) if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and A-List may litigate in court to compel arbitration, stay proceedings pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Judgment upon any award rendered by the arbitrator(s) may be entered and enforcement obtained thereon in any court having jurisdiction. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. Each party shall have the right to participate by video conference in order to minimize travel and expense burdens. Subject to Article VII (Release and Indemnity), Article VIII (Limitation of Liability) and Article IX (Disclaimer of Warranties) of these Terms of Service, the arbitrator shall have authority to grant any form of appropriate relief, whether legal or equitable in nature, including specific performance.
  3. Restrictions/No Class Actions. You and A-List agree that any arbitration shall be limited to the Dispute between A-List and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) no Dispute between you and A-List is to be arbitrated on a class-action basis or will utilize class action procedures; and (3) you may not bring any Dispute in a representative capacity on behalf of the general public, other users of the Site or Services or any other persons.

XIV. MODIFICATION OF AGREEMENT

General: We reserve the right, in our sole and absolute discretion to modify, correct or replace any of the terms of this Agreement, or change, suspend, or discontinue the Service at any time.

Such modifications shall become a part of this Agreement and be automatically effective once posted on the Site. Notice of any modification that materially affects rights of Users will be provided to Users in a conspicuous manner such that Users are made aware of it and have the ability to review it before deciding to continue using the Service. Your continued use of the Service following the posting of any changes to the Terms of Service constitutes your acceptance of those changes.

Success Fee: A-List may in its sole discretion reduce or increase the Success Fee (with respect to certain Employers or all Employers). A notice of any Success Fee change shall be provided via email or through a message on the platform to all impacted Users at least five (5) business days before its effective date.

XV. MISCELLANEOUS

  1. Availability of Services Outside U.S. A-List operates and controls the Site and Services from its offices in the United States. A-List makes no representation that the Site and Services are appropriate or available in other locations. The information provided on or through the Site and Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject A-List to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site and Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
  2. Injunctive Relief. You acknowledge that the rights granted and obligations made hereunder to A-List are of a unique and irreplaceable nature, the loss of which shall irreparably harm A-List and which cannot be replaced by monetary damages alone, so that A-List shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
  3. Venue and Governing Law. These Terms of Service and all aspects of the Services and Site shall be governed by and construed in accordance with the internal laws of the United States and the State of Delaware governing contracts entered into and to be fully performed in Delaware (i.e., without regard to conflict of laws provisions) regardless of your location except that Article XIV (Arbitration) of this Agreement shall be governed by the Federal Arbitration Act. For the purpose of any judicial proceeding to enforce an arbitration award or incidental to such arbitration or to compel arbitration, or if for any reason a claim proceeds in court rather than in arbitration, you hereby submit to the non-exclusive jurisdiction of the state and Federal courts sitting in San Francisco County, California, and agree that service of process in such arbitration or court proceedings shall be satisfactorily made upon a party if sent by certified, express or registered mail addressed to it at the address you provided to A-List whether through the Site or otherwise, or if no such address has been provided, by email to the email address provided by the relevant party to A-List in connection with its use of the Services. With respect to any Disputes not subject to informal dispute resolution or arbitration (as set forth above), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in San Francisco County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in San Francisco County, California. To the extent non-U.S. laws mandate a different approach with respect to governing law, venue, statute of limitation, and dispute resolution method with respect to certain non-U.S. persons, each such required standard shall be applied, but all other provisions under this section shall remain in full force.
  4. Waiver and Severability.
    1. The failure of A-List to require or enforce strict performance by you of any provision of these Terms of Service or to exercise any right under these Terms of Service shall not be construed as a waiver or relinquishment of A-List’s right to assert or rely upon any such provision or right in that or any other instance. A-List may choose to enforce certain portions of these Terms of Service more strictly or to interpret certain provisions more strictly against certain users than it does against users in general, and such disparate treatment shall not be grounds for failing to comply with these Terms of Service.
    2. You and A-List agree that if any portion of these Terms of Service, except any portion of Article XIII (Arbitration) is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which shall continue to be in full force and effect. If Article XIII (Arbitration) is found to be illegal or unenforceable, then neither you nor A-List will elect to arbitrate any Dispute falling within that portion of Article XIII (Arbitration) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within San Francisco County, California, and you and A-List agree to submit to the personal jurisdiction of that court.
  5. Introduction and Section Headings; Verification Documentation; Waiver of Execution Defenses. The text of the section headings are for convenience only and shall not be given any legal import. Upon request from A-List, you will furnish A-List any documentation, substantiation or releases reasonably necessary to verify your compliance with these Terms of Service. You agree that these Terms of Service will not be construed against A-List by virtue of A-List having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute the agreement constituted by these Terms of Service.
  6. Prohibition of Assignment. You may not assign these Terms of Service without the prior written consent of A-List. We may assign our rights and obligations under this Agreement to any party in our discretion.
  7. Entire Agreement. These Terms of Service contains the entire understanding between you and A-List, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Services by A-List. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  8. Statute of Limitations. You and A-List agree that regardless of any statute or law to the contrary but only to the extent permissible by law in each relevant jurisdiction, any claim or cause of action arising out of or related to the Services, the Site, these Terms of Service or our Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
  9. No Third Party Beneficiaries. These Terms of Services are an agreement between you and A-List. No other User or third party has any rights or remedies under these Terms of Service.
  10. Force Majeure. You agree that we are not responsible to you for anything that we may otherwise be responsible for if it is the result of events beyond our control, including but not limited to acts of God, war, communication infrastructure interruptions and the like.
  11. Electronic Notice. For contractual purposes, you (1) consent to receive communications from A-List in an electronic form (including through e-mail, the Site or the Services) and agree that all communications that A-List provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in any other written form.
  12. Government Use. If you are a part of an agency, department or other entity of the U.S. government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of any of our products or Services is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Services and any related software is a “commercial item,” “commercial computer software” and “commercial computer software documentation.” In accordance with such provisions, any use of the Services by the Government shall be governed solely by these Terms of Service.
  13. California Users and Residents. Under California Civil Code Section 1789.3, California users of the Site or Services receive the following specific consumer rights notice: “The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.”

The Site and the Services are not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of the Site or Services is prohibited.

The Company is an entity offering the transmission, routing or providing of connections for digital online communications, between or among points specified by a user of material of the user’s choosing, without modification of the content of the material sent or received, as well as system caching, storage of material residing on a system or network at the direction of a user, and referral or linkage of users to an online location using information location tools, each through the Site located at alist.co and any linked pages or applications owned and operated by A-List.

The Services are operated and provided by VentureHacks, Inc., 814 Montgomery Street, San Francisco, CA 94133. A-List is a trademark of VentureHacks, Inc.

EFFECTIVE DATE

These Terms of Service were last updated on January 9th, 2017.

HOW TO CONTACT US

If you have any questions about these Terms of Service, please contact us at help@alist.co.

A-List

 by AngelList