USE OF APPLICATION
The purpose of the Application is to enable and improve Your experience through Your time with Your employer. This participation in the employee journey process for Your employer includes activities related to Your on-boarding as an employee, Your movement through different job functions within Your employer, and the separation of the relationship between You and Your employer.
By using the Application and providing Submissions, You agree to transact electronically through the Application. This agreement includes Your agreement to receive legally required notices electronically. You agree that Your manual signature. You further agree that Your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes Your signature as if actually signed by You in writing. You also agree that no certification authority or other third-party verification is necessary to validate Your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of Your electronic signature. In order to access, fulfill and retain the following electronic forms, Your computer must be equipped and compatible with the most common operating systems and internet browsers. This would include:
- Windows, Mac OS X, Linux, Apple iOS, and other major operating systems.
- Microsoft Internet Explorer version 11 and later, Mozilla Firefox – latest version, Safari latest version + tablet versions, Chrome latest desktop version.
If You decline to use an electronic signature, You will be able to print Your forms and sign them by hand, but will also be required to deliver the hand signed forms to the relevant employer representative. If You wish to obtain a paper copy of the forms You sign via this site, You will be given the opportunity to download and print those forms once they have been executed. After authorizing the use of Your electronic signature, You may still withdraw Your consent. To do so, You must contact Your employer for their withdrawal procedures and to understand any consequences or fees which may apply.
Employee Life-Cycle Management
As a user of the Application, You will be asked to provide information which is needed to facilitate Your relationship with Your employer. This includes when You first start Your employment, when You change positions within Your employer’s business, when certain life events (e.g. maternity leave, medical leave, sabbaticals, retirement, etc.) occur, when Your employer acquires or merges with another business, and when You stop Your employment with an employer.
Each one of these events will require You to provide Submissions. They may also require Click to disclose Your Submissions to third parties. Some of these events may require Click to provide You with information related to Your employment. Finally, these events may require Your employer to provide You with information.
You agree that Click is not responsible for the accuracy or availability of any information (including Your Submissions) for which Click is not the original source. You agree to validate the accuracy of any Submissions, as well as any information within the Application over which You have control.
Should You make use of the Application to give access to, or disclosure of, Your Submissions or any other information related to your employment to a third party, You agree that Click shall have no liability of any kind whatsoever as a result of following such instructions regarding such access or disclosure.
You warrant that: (a) You have the right and authority to provide any Submissions; (b) You have only disclosed information that is true, accurate and not misleading (including by omission) and nothing You have submitted is known by You to be false, inaccurate, or misleading; (c) You have a legal right to live and be employed in the jurisdiction in which You are applying for employment. If that legal right is limited in time, You have disclosed when it expires; (d) You are the individual who the Submissions relate to; and (e) Your Submissions would not infringe any legal obligation that You may have to any third party, including under laws related to copyright, trademark, patent, trade secret, confidentiality, notice period, restrictive covenant, non-competition, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party.
You agree that You will neither use the Application in a manner, nor provide any Submission, that: (a) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (b) invades another’s privacy or includes, copies or transmits another’s confidential, sensitive or personal information; (c) promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene or not in good taste; (e) violates, infringes, or promotes the violation or infringement of another’s rights, including intellectual property rights; (f) violates or promotes the violation of any applicable law or regulation; (g) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (h) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer. Click may report You to the relevant authorities and may act under the fullest extent of applicable laws if You transmit or upload content intended or designed to cause harm.
As user of the Application, You may be asked to authorize Click, or a third party with whom Click or Your employer has a contractual relationship, to conduct a background investigation into Your qualifications for employment. (Such a background investigation is sometimes called a “Consumer Report” or “Investigative Consumer Report” depending on the conditions under which it is prepared.) Before a background investigation occurs, however, You will receive written disclosure that such an investigation will be made and You will also be asked to authorize the investigation. A background investigation will not be conducted without Your authorization to Your employer. However, Click is in no way responsible for the validity of such authorization. Nor does Click accept any liability for the validity of an employer’s failure to obtain such authorization. You agree that Click will not be held liable for any failure of an employer to obtain Your authorization prior to acquiring a Consumer Report or Investigative Consumer Report.
Security, Passwords, and Means of Accessing the Application
You hereby agree that any misrepresentation, falsification, or omission of information on any documents You have provided or will provide as part of the application or employee journey process may result in Your employer’s refusal to make an offer of employment, or rescinding of such offer; or, if You are hired, could result in Your dismissal from employment with Your employer.
Reservation of Rights
The Application and content provided on or through the Application are the intellectual property and copyrighted works of Click or a third party provider. All rights, title and interest not expressly granted with respect to the Application and content provided on or through the Application are reserved. All content is provided on an “As Is” and “As Available” basis, and Click reserves the right to terminate the permissions granted to You at any time.
Click has no obligation to monitor the Application. However, Click reserves the right to review the Application and content and to monitor all use of and activity on the Application, and to remove or choose not to make available on or through the Application, any content (including Your Submissions) in its sole discretion. Click may remove content that is confidential or proprietary to You, or a third party, without permission from You or the third party.
Termination of Use
You bear all risks associated with the access to, and use of, such Web sites and third party content, products and services.
Except where expressly provided otherwise, the Application is provided on an “as is” and “as available” basis, Click expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the Application and all content provided on, or through the Application. Click makes no warranty that: (a) the Application or content will meet Your requirements; (b) the Application will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Application, or any content provided on or through the Application, will be accurate or reliable; or (d) any content obtained by You on or through the Application will meet Your requirements.
Limitation of Liability
In no event will Click or its officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, or consequential damages; or damages for lost profits, revenue, data or data use, incurred by You or any third party, whether in an action in contract, or tort (including negligence), breach of statutory duty, strict liability, or otherwise, arising from Your access to, or use of, the Application or any content provided on or through the Application.
Exclusions and Limitations
All matters relating to Your access to, and use of, the Application and content provided on or through the Application, will be governed by U.S. federal law or the laws of the State of Minnesota, USA. Any legal action or proceeding relating to Your access to, or use of, the Application or content, shall be instituted in a state or federal court in Minneapolis, Minnesota. You and Click agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND CLICK CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND CLICK TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.
To initiate arbitration, the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first class mail to the representatives of the other party. You and Click agree that the arbitration shall be administered by American Arbitration Association (“AAA”) before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA. Except to the extent that they are modified by the rules below, if You are an individual person, the AAA Consumer Arbitration Rules that are in effect at the time of the filing of the demand (and that are available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf) will apply.
The parties agree that the applicable AAA rules are modified as follows:
- Any arbitrator must be neutral as to all parties. Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under Minnesota state law.
- No party is entitled to its attorney’s fees, except as may be awarded in a matter authorized by and consistent with applicable law.
- All discovery shall be subject to any and all objections available under FRCP 26(b). Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information (“ESI”). If a compelling need is demonstrated by the requesting party, the production shall: (i) be narrowly tailored in scope; (ii) only come from sources that are reasonably accessible without undue burden or cost; and (iii) be produced in a searchable format, if possible without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party. Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award.
- The arbitrator shall have the authority to award the same damages and other relief that would have been available in court pursuant to the law governing the dispute(s).
- Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication.
- The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing.
- The Federal Rules of Evidence shall apply to all arbitration proceedings.
- The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator’s determination and the legal basis therefor.
- The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties.
- The parties may settle any dispute on a mutual basis without involvement of the arbitrator.
- You will pay the first $250, and Click will pay all other filing, administrative, or hearing fees. If Click initiates arbitration, Click will pay all filing, administrative, and hearing fees. Regardless of which party initiates arbitration, You will remain responsible for Your attorney’s fees and costs unless the law governing the Covered Claim provides for an award of attorney’s fees and costs and the arbitrator determines as part of the arbitration award that You may recover a certain amount of attorney’s fees and costs.
Persons Not of Age of Majority
Persons who are not 13 years of age are not eligible to use the Application, and no information in relation to such persons should be included in a Submission.
Waiver and Severability
Click Boarding LLC Attn: Legal Department 7500 Flying Cloud Drive, Suite 975 Eden Prairie, MN 55344 Phone: (952) 283-3450
Click is committed to providing reasonable accommodation to qualifying candidates with physical and/or mental disabilities and to assisting them with applying for employment and the application process. Reasonable accommodations may be sought by contacting firstname.lastname@example.org