Read This Terms of Use Agreement Before Accessing Website.

 Effective Date: This Terms of Service Agreement was last updated on September 7th, 2009.

This Terms of Use Agreement sets forth the standards of use of the Mylatch Online Service for Registered Members, Recommendation Providers (that are invited by Registered Members to provide Recommendations, Invited webCV Viewers (those that are invited by Registered Members to view their webCVs) and Other viewers that follow a link to come to the Mylatch website. By using the Mylatch website you (the “Member”, “Recommendation Provider”, “Invited webCV Viewer” and “Other Visitors”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.

 1.     Description of Service 

The purpose of Mylatch is to provide a service to allow registered job seekers to search jobs, brand themselves and stand out by creating a webCV, leverage their social networks in their job search process, practice interviewing and get interviewed by employers and stay organized using the Mylatch organizer. For Employers, this site allows them to brand for talent acquisition, post jobs and search resumes, leverage social recruiting and save time & money. Mylatch is providing the Member with only the service stated above. Member must provide (1) all equipment necessary for their own Internet connection, including computer, modem, webcams and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

2.     Disclaimer of Warranties. 

The site is provided by Mylatch on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Mylatch makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Mylatch shall have no liability for any interruptions in the use of this Website.

3.     Limitation of Liability 

MYLATCH SHALL NOT be liable for any damages whatsoever, and in particular MYLATCH shall NOT be liable for aLL special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if MYLATCH has been advised of the possibility of such damages.

4.     Indemnification 

User and Visitors of Mylatch agree to indemnify and hold Mylatch, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.  

Job Seekers further agree to hold Mylatch, its parents, subsidiaries, affiliates, officers and employees and Employers, and their parents, subsidiaries, affiliates, officers and employees, harmless in the event that they feel an EEOC/OFCCP violation has been perfomed by the Employer viewing the job seeker's webCV, Virtual Interview, Live Interview in conjunction or as separate items.

When a job seeker signs up for Mylatch services, they agree to fully relinquish their rights to sue any Employer using the Mylatch services and Mylatch, its parents, subsidiaries, affiliates, officers and employees, for any kind of EEOC/OFCCP violations.

5.     Members Account 

All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Mylatch of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Members should notify Mylatch of any such abuse of rights promptly by writing to abuse@mylatch.com. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Mylatch.  

6.  Keep your password secure

We strongly recommend that you keep your password confidential, do not use other Users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach (customer-service@Mylatch.com), close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your Mylatch account or any information within the account to another party or charging anyone for access to any portion of Mylatch, or any information within Mylatch. You can ask us to close your account by sending us an email to customer-service@mylatch.com. This account has a 24 hour response time. Your account will be closed within 24 hrs when you make such a request and after we have verified the authenticity of the request. When we close your account, all your records and information will be completely deleted from our records and you will not be able to access any information, any job applications and any documents, communiqué or any messages that you may have had stored in your Mylatch account.

7.     Modifications and Interruption to Service 

Mylatch reserves the right to modify or discontinue the Service with or without notice to the Member. Mylatch shall not be liable to Member or any third party should Mylatch exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Mylatch does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Mylatch reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, Mylatch has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.

Mylatch reserves the right to limit the extent of service available to you on your account and prohibit you from contacting anyone for Requests for Recommendation or Inviting Profile Viewers, at any time at the sole discretion of the Mylatch Management Team if the team finds that you are not acting in compliance with this User Agreement, the Privacy Policy and all intents, purposes and rules explicitly or not explicitly described herein.

You are solely responsible for your interactions with Recruiters, Employers and Recommendation Providers. Mylatch reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if Mylatch determines, in its sole discretion, that doing so is prudent.

 8.     Third-Party Sites

Mylatch may include or automatically produce links to third party web sites (“Third Party Sites”). Mylatch is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. Mylatch may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave Mylatch and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. As soon as you click the affiliate logo or link on our site, right from that point you are governed by the third party’s Privacy Policy and User Agreement. You explicitly indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by your clicking on the third-party website link on our web pages or damages and or losses incurred on such a third party website that you visited by clicking on a link on any Mylatch website. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from Mylatch or relating to any applications you use or install from the site.

You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Mylatch, the Mylatch Affiliates, its Users and the public.

 9.     Disclaimer 

PRODUCT SPECIFICATIONS AND OTHER INFORMATION HAVE EITHER BEEN PROVIDED BY THE VENDORS OR COLLECTED FROM PUBLICLY AVAILABLE SOURCES. WHILE MYLATCH MAKES EVERY EFFORT TO ENSURE THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, WE CAN MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED ON THIS WEBSITE.

MYLATCH MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH REGARD TO ANY PRODUCT PROVIDED OR OFFERED BY ANY VENDOR, AND YOU ACKNOWLEDGE THAT ANY RELIANCE ON REPRESENTATIONS AND WARRANTIES PROVIDED BY ANY VENDOR SHALL BE AT YOUR OWN RISK.

MYLATCH IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS MYLATCH MESSAGES, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH MYLATCH TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.

MYLATCH DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, MYLATCH DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

 10. Governing Jurisdiction of the Courts of the state of INDIANA

 Our website is operated in the State of Indiana and is provided in the U.S. As such, we are subject to the laws of the State Indiana, and such laws will govern this User Agreement, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Indiana. 

 11. Compliance with Laws. 

Members and other visitors or users of Mylatch assume all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Members and other visitors or users further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

 12. Copyright and Trademark Information 

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009-2010 www.mylatch.com, will all rights reserved, or is the property of Mylatch and/or third parties protected by intellectual property rights.    Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Mylatch is strictly prohibited. Members and other users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Mylatch.

 MYLATCH™ and WWW.MYLATCH.COM™ are proprietary marks of MYLATCH, Inc. Mylatch’s trademarks may not be used in connection with any product or service that is not provided by Mylatch, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mylatch, Inc. 

All other trademarks displayed on Mylatch’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Mylatch. 

13. Termination 

You may terminate this Agreement, for any or no cause, at any time, with notice to Mylatch which shall be effective upon Mylatch processing such notice. Mylatch may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to any Premium Services may be terminated only by Mylatch or the party paying for such services. Termination of your Mylatch account includes disabling your access to Mylatch (including any content you submitted or others submitted) and may also bar you from any future use of Mylatch. As a part of the termination process, Mylatch will delete all information from your account including any communication materials or messages that you may have received from other parties.

You may request Mylatch to terminate your account by sending an email to customer-service@mylatch.com or by writing to:

MYLATCH, Inc.

ATTN: Account Termination

15183 Valentia Drive

Granger, IN 46530

In furtherance and without limiting the foregoing, Mylatch has adopted a policy of terminating, in appropriate circumstances and at Mylatch’s sole discretion, members who are deemed to be repeat infringers under the United States Copyright Act. Mylatch may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 14. Notification of Claimed Copyright Infringement 

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Mylatch designates the following individual as its agent for receipt of notifications of claimed copyright infringement. 

By Mail:

MYLATCH, Inc.
ATTN: Copyright Matters
15183 Valentia Drive
Granger, Indiana 46530, USA

By Email: abuse@mylatch.com

 15. Other Terms  

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Mylatch, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.  

Recommendation Providers:

If you are a Recommendation provider who has been invited by a Mylatch member to submit a recommendation, this User Agreement applies to the act of providing recommendation and use of such services and any other activity that you may conduct on the Mylatch.com portal. Additionally, you agree to indemnify and hold Mylatch, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of any interaction, altercation and/or any litigation between you and the Recommendation seeker (Mylatch Registered member) due to the comments and/or ratings that you provided to the member when the member requested you to provide a recommendation.

Forums/Blogs/Chat Rooms:

Mylatch may include various forums, blogs and chat rooms where you can post your observations and comments on designated topics. Mylatch does not guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. MYLATCH AND THE MYWATCH AFFILIATES ARE NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.

Invited Employers & Recruiters:

If you are an Employer or Recruiter who has been invited by a Mylatch member to view his/her webCV, this User Agreement applies to the act of viewing the webCV and use of such services and any other activity that you may conduct on the Mylatch.com portal. Additionally, you agree to indemnify and hold Mylatch, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of any interaction, altercation and/or any litigation between you and the Job Seeker (Mylatch Registered member).

Employers & Recruiters As Featured Employers:

If you sign up on Mylatch.com as an Employer, then Mylatch reserves the right to use your Company Name and the Company Logo as a "Featured Employer" or "Clients using Mylatch" on the Mylatch Home Page in the Company Ticker. You further agree to indemnify and hold Mylatch, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of the use of your logo or company name as a featured employer on the Mylatch site.

Job Seekers as Featured Top Talent:

If you sign up on Mylatch.com as a Job Seeker and set your profile to PUBLIC, then Mylatch reserves the right to use your Name, Picture and webCV as a "Featured Top Talent" using Mylatch" on the Mylatch Home Page. You further agree to indemnify and hold Mylatch, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of the use of your name, picture & webCV as a featured TOP TALENT on the Mylatch site.