Terms & Conditions of Use
Updated on April 15, 2025.
General Terms,
By accessing OysterLink website, you confirm and consent that you are in agreement with and bound by the terms and conditions of use contained in the Terms & Conditions outlined below, including OysterLink's Copyright Policy, and OysterLink's Privacy Policy incorporated herein by reference (the "Terms & Conditions" or the "Agreement"). The Terms & Conditions apply to OysterLink Website and OysterLink Services and any email or other type of communication between you and OysterLink, as well as any activities undertaken by you on OysterLink Website and relating to the OysterLink Services. In addition, if you are an Employer, you should refer to the additional terms in OysterLink's Terms & Conditions of Service. Definitions and key terms
To help explain things as clearly as possible in these Terms & Conditions, every time any of these terms are referenced, are strictly defined as:
- Cookie: a small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you such as your language preference or login information.
- Company or OysterLink: when these Terms & Conditions mention "OysterLink", “Company,” “we,” “us,” or “our,” it refers to OysterLink LLC, (17975 Collins Avenue Sunny Isles Beach, FL 33160), the provider of OysterLink Website and the OysterLink Services.
- Country: where OysterLink or the owners/founders of OysterLink are based, in this case, the United States
- Device: any internet-connected device such as a phone, tablet, computer or any other device that can be used to visit OysterLink Website and use the OysterLink Services.
- Employer: any user of OysterLink Website or OysterLink Services who seeks to upload job postings to OysterLink Website and connect with Job Seekers.
- Job Seekers: any user of OysterLink Website or OysterLink Services who seeks jobs posted on OysterLink Website and connect with Employers.
- OysterLink Service: refers to the service provided by OysterLink as described in the Terms & Conditions and on the OysterLink Website.
- OysterLink Website: refers to OysterLink's website which can be accessed via URL: https://oysterlink.com/ as well as other online platforms, if any, operated by OysterLink.
- Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
- You: a person or entity that is registered with OysterLink to use the OysterLink Services.
Services
OysterLink is a job platform for the restaurant and hospitality industry. We connect talented professionals with top employers in restaurants, hotels, and hospitality venues. As a user on OysterLink Website, you will be able to:
- Register an account as a Job Seeker or Employer.
- Create a Job Seeker profile, which can be publicly displayed or only to Employers that you apply for a position with, at your choice
- Search and view Employer profiles
- Search and view job postings
- Apply for positions described in job postings
- Saves job postings and Employer profiles as favorites
- Create an Employer profile (Employer only)
- Upload job postings (Employer only)
- View Job Seeker profile of a Job Seeker who applied for a position in a job posting uploaded by you (Employer only)
Oysterlink serves as a job platform that only connects job seekers with potential employers. Oysterlink does not represent either party or perform any other functions. Please keep in mind:
- Oysterlink does not verify the validity or authenticity of any contents posted, or statements made by, any Job Seeker or Employer, including qualifications, experience and background of Job Seekers and the job descriptions in the job postings
- Oysterlink does not guarantee suitability of any Job Seeker for any job, or the suitability of any Employer for any Job Seeker
- Any offers of employment are solely between Job Seeker and Employer, and OysterLink does not endorse or guarantee any such offers
- OysterLink cannot, and does not, guarantee the confidentiality of any discussions between Job Seekers and Employers. This is a matter that should be agreed on between the parties
- OysterLink cannot, and does not, provide any legal or other advice regarding compliance laws and regulations, including labor or employment laws or licensing or permit requirement relating to any given employment functions
- OysterLink cannot, and does not, guarantee feedback, response, or communication from any Job Seeker or Employer
- OysterLink has no control over the selection or hiring processes of Employers
License
Unless otherwise stated, OysterLink and/or its licensors own the intellectual property rights for all material on OysterLink Website. All intellectual property rights are reserved. OysterLink grants you a revocable, non-exclusive, non-transferable, limited license to access and use the OysterLink Website and OysterLink Services strictly in accordance with the these Terms & Conditions, and subject to the restrictions in the next section.
You acknowledge that any use of OysterLink Website and OysterLink Services, except as otherwise permitted in this paragraph, is a breach of these Terms & Conditions. Breach of certain paragraphs of these Terms & Conditions also may be a violation of applicable law. We will not be responsible or liable for any loss or damage arising from your failure to comply with these Terms & Conditions.
Restrictions
You agree not to, and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the OysterLink Website available to any third party.
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the OysterLink Website.
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of OysterLink or its affiliates, partners, suppliers or the licensors of the OysterLink Website.
- Republish material from OysterLink Website.
- Reproduce, duplicate or copy material from OysterLink Website.
- Redistribute content from OysterLink Website.
Cookies
OysterLink uses “Cookies” to identify the areas of our website that you have visited. A cookie is a small piece of data stored on your computer or mobile device by your web browser. We use cookies to enhance the performance and functionality of the OysterLink Website. Although the Cookies are non-essential to their use, without them, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the OysterLink Website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on the OysterLink Website correctly or at all. We never place any personally identifiable information in Cookies.
Changes To Our Terms & Conditions
You acknowledge and agree that OysterLink may stop (permanently or temporarily) providing the OysterLink Service (or any features within the OysterLink Service) to you or to users generally at OysterLink's sole discretion, without prior notice to you. You may stop using the OysterLink Service at any time. You do not need to specifically inform OysterLink when you stop using the OysterLink Service. You acknowledge and agree that if OysterLink disables access to your account, you may be prevented from accessing the OysterLink Service, your account details or any files or other materials which is contained in your account.
If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.
Modifications to the OysterLink Website
OysterLink reserves the right to modify, suspend or discontinue, temporarily or permanently, the OysterLink Website, including this website or any service to which it connects, with or without notice and without liability to you.
Updates to OysterLink Website
OysterLink may from time to time provide enhancements or improvements to the features/ functionality of the OysterLink Website which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the OysterLink Website. You agree that OysterLink has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the OysterLink Website to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the OysterLink Website, and (ii) subject to these Terms and Conditions.
Links to Other Websites and Third-Party Services
These Terms & Conditions apply only to the OysterLink Website and OysterLink Services.
We may display, include or make available third-party content (including data, information, applications and other services) or provide links to third-party websites or services (“Third-Party Services”).
You acknowledge and agree that OysterLink shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. OysterLink does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Please remember that when you use a link to go from the OysterLink Website to Third-Party Services, our Terms & Conditions are no longer in effect. Your browsing and interaction on any such Third-Party Services, including those that have a link on the OysterLink Website, is subject to such Third-Party Service's own rules and policies. Such third parties may use their own cookies or other methods to collect information about you. Third-Party Services and links thereto are provided solely as a convenience to you.
Content Standards
Parts of the OysterLink Website offer an opportunity for users to post and exchange opinions and information, to submit materials to the OysterLink Website and to use certain interactive features in certain areas of the OysterLink Website (such comments or materials submitted by you or other users, the "Submitted Materials"). OysterLink does not filter, edit, publish or review the Submitted Materials prior to their presence on the OysterLink Website. Submitted Materials do not reflect the views and opinions of OysterLink, its agents and/or affiliates. Submitted Materials reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, OysterLink shall not be liable for the Submitted Materials or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Submitted Materials on the OysterLink Website.
The following content standards apply to any and all Submitted Materials: Submitted Materials must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Submitted Materials must not: (a) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (c) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms & Conditions, our Privacy Policy and our Copyright Policy; (e) be likely to deceive any person; (f) promote any illegal activity, or advocate, promote, or assist any unlawful act; (g) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (h) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (i) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; and/or (j) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Monitoring
OysterLink reserves the right to:
- Remove or refuse to post any Submitted Materials for any or no reason in our sole discretion.
- Take any action with respect to any Submitted Materials that we deem necessary or appropriate in our sole discretion, including if we believe that such Submitted Materials violate these Terms & Conditions, including the content standards set forth above, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the OysterLink Website or the public, or could create liability for us.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the OysterLink Website.
- Terminate or suspend your access to all or part of the OysterLink Website for any or no reason, including without limitation, any violation of these Terms & Conditions.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the OysterLink Website. YOU WAIVE AND HOLD HARMLESS OysterLink AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS ("OYSTERLINK PARTIES") FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the OysterLink Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
Your Representations
You warrant and represent that:
- You are entitled to post the Submitted Materials on the OysterLink Website and have all necessary licenses and consents to do so;
- The Submitted Materials do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Submitted Materials do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy; and
- The Submitted Materials will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
- The Submitted Materials will not otherwise violate these Terms & Conditions.
You hereby grant OysterLink a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Submitted Materials in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations ("Approved Organizations") may link to OysterLink Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to the OysterLink Website in the same manner as they hyperlink to the websites of other listed businesses; and
- System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to the OysterLink Website.
The Approved Organizations may link to our home page, to publications or to other information on the OysterLink Website so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site. We may consider and approve other link requests from the following types of organizations (the "Permissible Organizations"):
- Commonly-known consumer and/or business information sources;
- dot.com community sites;
- Associations or other groups representing charities;
- Online directory distributors;
- Internet portals;
- Accounting, law and consulting firms; and
- Educational institutions and trade associations.
We will approve link requests from the Permissible Organizations if we decide that: (a) the link would not make us look unfavorably to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of OysterLink brand or name associated with such hyperlink; and (d) the link is in the context of general resource information. If you are a Permissible Organization and are interested in linking to OysterLink Website, you must inform us by sending an e-mail to OysterLink. Please include your name, your organization name, and contact information as well as the URL of your site, a list of any URLs from which you intend to link to the OysterLink Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response. Approved organizations may hyperlink to OysterLink Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of the OysterLink Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of OysterLink's logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Content Liability
We shall not be held responsible for any content that appears on any websites or platforms other than the OysterLink Website. Furthermore, we do not provide any warranty that any contents on OysterLink Website (the "Content") is or will be:
- accurate or complete;
- current (or that it will be updated);
- error free (either technically or with respect to typographical errors); and/or
- free from interruptions, computer viruses or other harmful components.
You may make use of the Content as permitted in these Terms & Conditions, but under no circumstances will we be liable for any loss or damage caused by your reliance on Content. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other elements of the Content.
No link(s) to OysterLink Website should appear on any website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights. You agree to protect and defend us against all claims that arises in respect of your use of the Content in any way, including related to your linking of Contents to your website or other systems operated by you.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to the OysterLink Website. You hereby agree to immediately remove any or all links to OysterLink Website upon request. We also reserve the right to amend these Terms & Conditions and its linking policy at any time. By continuously linking to the OysterLink Website, you agree to be bound to and follow these Terms & Conditions.
Removal of links from our website
If you find any link on OysterLink Website that is offensive for any reason, you are free to contact and inform us anytime. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on the OysterLink Website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the OysterLink Website remains available or that the material on the OysterLink Website is kept up to date.
Term and Termination
This Agreement shall remain in effect until terminated by you or OysterLink.
OysterLink may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from OysterLink, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the OysterLink Website and Contents and all copies thereof from your computer and refraining from further accessing the OysterLink Website and OysterLink Services.
Upon termination of this Agreement, you shall cease all use of the OysterLink Website and OysterLink Services and delete all copies of the OysterLink Website and Contents from your computer.
Termination of this Agreement will not limit any of OysterLink's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Indemnification
You agree to indemnify and hold OysterLink and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the OysterLink Website and OysterLink Services; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The OysterLink Website and OysterLink Services are provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, OysterLink, on its own behalf and behalf of its affiliates and its and their respective licensors and service providers (collectively, the "OysterLink Parties"), expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the OysterLink Website and OysterLink Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, OysterLink Parties provide no warranty or undertaking, and makes no representation of any kind that the OysterLink Website or OysterLink Services will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, no OysterLink Party makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the OysterLink Website and OysterLink Services, or the information, content, and materials or products included thereon; (ii) that the Oysterlink Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf of OysterLink are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
If you are dissatisfied with the OysterLink Website or OysterLink Services, your sole remedy is to discontinue its use.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of any OysterLink Party under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you, if any, for access to OysterLink Website and use of of the OysterLink Services.
To the maximum extent permitted by applicable law, in no event shall OysterLink Parties be liable for any direct, indirect, punitive, special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the OysterLink Website, third-party software and/or third-party hardware used with the OysterLink Website, or otherwise in connection with any provision of this Agreement). These limitations shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, even if the OysterLink Parties have been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Severability
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of OysterLink. OysterLink will 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.
Waiver
Except as provided herein, the failure to exercise a right or to require the performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
YOU AND OYSTERLINK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE OYSTERLINK SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Entire Agreement
This Agreement, together with the Copyright Policy, the Privacy Policy, any other legal notices published by OysterLink on the OysterLink Website and OysterLink Services, and, if you are an Employer, OysterLink's Terms & Conditions of Service, shall constitute the entire agreement between you and OysterLink concerning the OysterLink Website and OysterLink Services, and supersedes all prior and contemporaneous written or oral agreements between you and OysterLink. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
You may be subject to additional terms and conditions that apply when you use or purchase certain specific OysterLink Services, which OysterLink will provide to you at the time of such use or purchase.
Updates to Our Terms
OysterLink reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the OysterLink Website or OysterLink Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use OysterLink Website or OysterLink Services.
Intellectual Property
The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by OysterLink, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of OysterLink, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
Governing Law
We control and operate the OysterLink Website from within the United States of America (the “USA”). Although we generally do not block or monitor visitors from other countries, the OysterLink Website is directed only at visitors from the USA, 18 years of age and over. We do not represent that the OysterLink Website or any OysterLink Services is appropriate or lawful for use in other locations outside of the USA or that our operation (including our processing and handling of submissions you may make) will comply with all local laws. Users who choose to access the OysterLink Website from outside the USA or submit materials from outside the USA and/or as non-USA citizens, do so of their own initiative, and are responsible for compliance with all applicable local, state, national and international laws and treaties. These Terms & Conditions are governed by and construed in accordance with the laws of the State of Florida and the federal laws of the USA enforced within, without regard to principles of conflicts of laws that would cause the application of the laws of any jurisdiction other than those of the State of Florida.
Agreement to Arbitrate
This section applies to any dispute EXCEPT IT DOESN'T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR OYSTERLINK'S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and OysterLink concerning the OysterLink Website, OysterLink Services or this Agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under applicable law.
Notice of Dispute
In the event of a dispute, you or OysterLink must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: [email protected]. OysterLink will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and OysterLink will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or OysterLink may commence arbitration.
Binding Arbitration
If you and OysterLink don't resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association seated in Miami, Florida, before a single arbitrator. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. Any arbitral award determination shall be final and binding upon the parties to such arbitration. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
Submissions and Privacy
In the event that you submit or post any feedback, comments, improvements, ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of OysterLink without any compensation or credit to you whatsoever. OysterLink and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
Promotions
OysterLink may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and comply with all Promotions rules.
Typographical Errors
In the event there is a typographical error on the OysterLink Website or relating to any OysterLink Services, including an incorrect price, we reserve the right to refuse or cancel any orders or requests based on the typographical error. We shall have the right to refuse or cancel any such order or request whether or not the order or request has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order or request is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
Contact Us
Don't hesitate to contact us if you have any questions.
- Via Email: [email protected]
- Via this Link: https://oysterlink.com/contact/
Terms & Conditions OF Service
1. Applicability; Enforceability.
(a) These Terms & Conditions of Service (these "Terms of Service", including the Additional Terms as defined below), in connection with the provision of Services (as defined below) and OysterLink’s Terms & Conditions of Use (the “Conditions”) are the only terms that govern the provision of services by OysterLink LLC, a Florida corporation ("Service Provider") to you or the company on whose behalf you are requesting the Services ("Customer").
(b) These Terms of Service and the Conditions, as well as any terms presented to Customers during the course of their use of the Services (collectively, this "Agreement") comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. In the event of any conflict between these Terms of Service and the Conditions, these Terms of Service shall govern. Notwithstanding the foregoing, where OysterLink and Customer has entered into a written agreement containing a provision that such agreement supersedes all or any part of this Agreement, this Agreement shall be read consistently with such written agreement.
(c) This Agreement constitutes a legal agreement between Service Provider and Customer, and is made effective as of the date on which Customer uses or accesses OysterLink website.
(d) By accepting this Agreement:
(i) Customer agrees to be bound by the Agreement;
(ii) if you are agreeing to be bound by this Agreement as an individual, you represent and warrant that you are of the legal age of majority and have the right and authority to agree to this Agreement;
(iii) if you are agreeing to be bound by this Agreement on behalf of your employer, company, or such other legal entity on whose behalf you are acting, (a) you represent and warrant that you have all requisite legal authority to bind such employer, company or other entity to this Agreement; and (b) “Customer” as used herein shall refer to such employer, company or other entity;
(iv) you represent and warrant that you are not barred or otherwise legally prohibited from contracting with the Service Provider pursuant to the terms hereof for purposes of obtaining the Services (as defined below);
2. Services.
(a) Customer will be able to advertise job openings and connect with potential candidates by doing things such as the following through OysterLink website (the "Services"):
(i) Register a user account as Employer (i.e. user who can upload job postings and advertise such postings to other users of the website).
(ii) Create company profile, including the ability to provide company description and upload images to the gallery associated with the user account.
(iii) Create and upload job postings ("Job Postings")
(iv) View Job Seekers, or applicants who have expressed interest in or applied for the Job Postings.
(b) Each Job Posting will remain active on OysterLink website for 30 calendar days from the initial posting. The applicable fee for creation and renewal of each Job Posting, as well as other relevant terms will be presented to Customer as part of the account creation and Job Posting creation processes (the "Additional Terms"). Customer acknowledges and agrees that by using any feature or services on OysterLink website, Customer will be bound by this Agreement and the applicable Additional Terms.
(c) Service Provider and Customer acknowledge and agree that Services are simply one of connecting Employers with Job Seekers, with Service Provider playing no role in selecting any Job Seeker for presentation to any Employer (other than through generally applied criteria or algorithms), validating any Job Seekers, the hiring process or employment outcomes. Service Provider does not act as agent for or represent any Job Seeker. Any offer or acceptance of job opportunities, as well as relationships create by such job offers, are solely between applicable Job Seeker and Employer. Without limiting the generality of the foregoing, Service Provider shall have no responsibility for, makes no representation or warranty about, and expressly disclaims, the following:
(i) The reach and scope of dissemination of Job Postings beyond the OysterLink website.
(ii) Overall quality of any Job Seeker, including their prior experiences or qualifications.
(iii) Suitability of any Job Seeker for any given Job Posting.
(iv) Authenticity of any claims made by Job Seekers relating to their experiences or qualifications.
(v) Length of time Job Seekers will stay in employment with Employer.
(vi) Whether Employer will be able to successfully hire a given Job Seeker.
(vii) Conduct and performance of any Job Seeker on a job.
(viii) Whether a Job Seeker has license or permit to perform the job under the Job Posting.
(ix) Confidentiality of the contents of any discussion between Employer and Job Seekers.
(x) Job Seekers' background or any other qualities or characteristics that are relevant for successful employment.
3. Customer's Obligations. Customer shall cooperate with Service Provider in all matters relating to the Services and provide such information and documents as may reasonably be requested by Service Provider for the purposes of performing the Services, and ensure that such Customer materials or information are complete and accurate in all material respects.
4. Customer's Acts or Omissions. If Service Provider's performance of its obligations under this Agreement is prevented or delayed by any act or omission of Customer or its agents, subcontractors, consultants, or employees, Service Provider shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.
5. Fees and Expenses; Payment Terms.
(a) As part of the account registration process on OysterLink, you agree to provide payment authorizations for paying for Job Postings as well as any other fees and charges for Services and other amounts for which you may be charged according to the payment terms in this Agreement (the "Fees"). You agree to provide all requested information, including a credit card to be used for pre-authorization/reserve and payment/capture for payment for Services.
(b) By providing your credit card information to us, you agree that we are authorized to charge your card with the Fees and other amounts in accordance with this Agreement. You agree that we can charge a nominal amount to your credit card to verify the validity of the credit card information you provide. We may use a service provider to store your credit card information to facilitate future payments as described herein and you expressly authorize such storage. We will ensure that any service provider we may retain for such purposes employs the industry standard data security measures and procedures to protect such information.
(c) In consideration of, and as a condition of the provision of the Services by Service Provider and the rights granted to Customer under this Agreement, Customer shall pay the Fees set forth in any Additional Terms or in any invoices or bills issued by Service Provider.
(d) ALL FEES SHALL BE EARNED BY SERVICE PROVIDER ON RECEIPT AND SHALL BE NON-REFUNDABLE.
6. Taxes. Customer shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Customer hereunder. Any payment by Customer to the Service Provider under this Agreement shall be net of all taxes.
7. Disclaimer of Warranties. WITHOUT DEROGATION FROM OTHER DISCLAIMERS OF SERVICE PROVIDER IN THIS AGREEMENT OR ELSEWHERE, SERVICE PROVIDER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. CUSTOMER AGREES AND ACKNOWLEDGES THAT SERVICE PROVIDER IS NOT GUARANTEEING ANY RESULT FROM THE PROVISION OF SERVICES HEREUNDER, AND SERVICE PROVIDER HEREBY DISCLAIMS ANY AND ALL LIABILITY FROM ANY HARM OR LOSSES SUFFERED BY CUSTOMER FROM THE SERVICES, INCLUDING FROM THE DISPLAY OF CUSTOMER'S INFORMATION ON SERVICE PROVIDER'S SITE.
8. Limitation of Liability.
(a) IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT SHALL SERVICE PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO SERVICE PROVIDER PURSUANT TO THIS AGREEMENT IN ANY SIX (6) MONTH PERIOD.
9. Termination.
(a) Termination by Service Provider. In addition to any remedies that may be provided under this Agreement, Service Provider may terminate this Agreement and the Services hereunder and Customer's access to OysterLink website, with immediate effect upon written notice to Customer, if Customer:
(i) fails to pay any amount when due under this Agreement, does not rectify such non-payment within 1 business day after Customer's receipt of written notice thereof;
(ii) has not otherwise performed or complied with any of the terms of this Agreement, in whole or in part; or
(iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.
(b) Termination by Customer. Customer may terminate this Agreement at any time by stopping the use of the Services or OysterLink website. No such termination shall affect any of Customer's obligations accruing hereunder prior to such termination and such obligation, including any obligation to pay Fees, shall survive such termination.
10. Waiver. No waiver by Service Provider of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Service Provider. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
11. Force Majeure. The Service Provider shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Service Provider including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
12. Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
13. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
14. Governing Law. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.
15. Submission to Jurisdiction. Any dispute, controversy, or claim arising out of or related to this Agreement or any breach or termination of this Agreement, including but not limited to the Services, and any alleged violation of any federal, state, or local statute, regulation, common law, or public policy, whether sounding in contract, tort, or statute, shall be submitted to and finally resolved by binding arbitration. Arbitration shall be administered by the American Arbitration Association (“AAA”) and seated in Miami, Florida, before a single arbitrator, in accordance with the AAA's Commercial Arbitration Rules in effect as of the date such dispute arises. Any arbitral award determination shall be final and binding upon the Parties. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. The arbitrator, not any court, shall have exclusive authority to resolve any dispute relating to the enforceability or formation of this Agreement and the arbitrability of any dispute between the Parties.
16. Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") shall be in writing and addressed: i) to [email protected], if to the Service Provider; and ii) to the Customer's email address or other contract information provided during registration, if to the Customer.
17. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
18. Survival. Provisions of this Agreement, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Governing Law, Submission to Jurisdiction, and Survival.
19. Amendment and Modification. This Agreement, including these Terms of Service, may be updated or amended from time to time by Service Provider. Service Provider will notify Customer of such update or amendment by posting the updated or amended Terms on its website. Customer acknowledges and agrees that the continued use of any Services or access to OysterLink website on or after the date of such update or amendment constitutes acceptance of such updated or amended Terms.