SelectLeaders | The #1 Commercial Real Estate Job Network

Effective Date: November 22, 2024

Welcome to the website and online services of SelectLeaders, LLC ("SelectLeaders," "we," or "us"). These Terms of Use (these “Terms”) and our Privacy Policy govern your access to and use of the services provided through this website, www.selectleaders.com (the “Site”).

These Terms apply to all individuals and entities that access, use, or interact with the Services (collectively, “Users”). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, regardless of whether you are a registered user, partner, or customer of the Services. If you are accepting these Terms on behalf of your employer or another entity, you affirm that you have the legal authority to do so and to bind that employer or entity to these Terms.

We reserve the right to amend these Terms (including the Privacy Policy) at any time and will notify you as specified within these Terms. Your continued use of the Services after any such modifications signifies your acceptance of the revised Terms. If you disagree with any part of these Terms, you are not permitted to access or use the Services.

SECTION 12 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION AGREEMENT, REQUIRING YOU TO RESOLVE ANY DISPUTE RELATING TO YOUR USE OF THE SERVICES THROUGH BINDING INDIVIDUAL ARBITRATION, UNLESS YOU VALIDLY OPT OUT OF THIS PROVISION. SECTION 12 ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS YOU AGREE TO PURSUE ANY DISPUTE INDIVIDUALLY RATHER THAN AS PART OF A CLASS ACTION. IF YOU DO NOT AGREE WITH THESE TERMS IN FULL, DO NOT ACCESS OR USE THE SERVICES.

The term "you," as used in these Terms, applies to visitors from the United States and Canada, who access the Site, as well as to individuals using the Services on their own behalf or on behalf of an organization.

Users who utilize the Services to seek prospective employees, review resumes, profiles, or CVs, and/or post and/or share job opportunities within the real estate sector ("Real Estate Jobs") for themselves or a third party (such as recruiters) are further defined as "Employers" in these Terms.

If you are using this Site on behalf of an employer, organization, agency, institution, or other entity, then (a) "you" encompasses both you and that entity, and (b) you confirm that you are an authorized representative of the entity with the authority to bind it to these Terms, and you agree to these Terms on behalf of the entity.

If you use the Services to register for job alerts via text and/or email, or other available methods, or to upload cover letters, resumes, or CVs, or to search for or apply to Real Estate Jobs, you are referred to herein as a "Candidate."

1. USE OF THE SERVICES

By using the Services, you acknowledge that SelectLeaders does not control the quality, accuracy, completeness, truthfulness, or legality of content provided by third parties. You also acknowledge that SelectLeaders does not manage the integrity, conduct, or actions of Candidates or Employers.

A. Eligibility

You must be at least eighteen (18) years of age or the age of majority in your jurisdiction to use the Services. If your access to the Services has been previously terminated or suspended by us, you may not use the Services unless you have received specific written authorization from us to do so.

For residents of Canada, including Québec: The provision of the Services and any relationship between SelectLeaders and a User will not be governed by Canadian federal, provincial, or territorial law. You are solely responsible for compliance with any applicable local laws and regulations. Pour les résidents canadiens, incluant le Québec: la prestation des Services et toute relation entre SelectLeaders et un utilisateur des Services ne seront pas régies par les lois fédérales, provinciales ou territoriales canadiennes. Vous êtes seul responsable de respecter les lois et règlements locaux applicables.

By using the Services, you expressly acknowledge, agree, and request that this document, along with all other documents used or signed between SelectLeaders and yourself, be in the English language. En utilisant les Services, vous reconnaissez, acceptez et demandez expressément que la présente entente, ainsi que tous les documents utilisés ou signés entre SelectLeaders et vous-même, soient rédigés en langue anglaise seulement.

B. Contact with You by Telephone

In certain instances, we may request your consent to contact you by phone. By granting this consent, you authorize SelectLeaders to reach you by phone at the number(s) you provided, potentially using an automatic dialing system or prerecorded voice (to the extent permitted by local law).

You can withdraw your consent to be contacted by phone by emailing info@selectleaders.com with "Revocation of Telephone Consent" in the subject line. Phone contact consent is not a condition of using the Services.

We may monitor or record any calls between you and us for quality control, training, or protection purposes. You acknowledge that not all calls are recorded and that we do not guarantee retention or retrievability of any specific recordings.

C. Contact with You by Email

By providing SelectLeaders with your email address, you consent to our using this address to send you Service-related notices and other communications, including those required by law, in place of postal mail. We may also use this email to send other messages, such as updates on Service features and special offers (in accordance with local laws). Users have the option at registration to subscribe to our biweekly Top Talent Brief, and SelectLeaders News and Information. To manage these subscriptions, visit your ‘My Profile’ page, adjust your preferences, and click Save or send an email to customerservice@selectleaders.com. For career coaching or resume assistance, navigate to the ‘Recourses’ tab and view ‘Available Resources’ section.

If you have opted to receive job alerts or marketing emails from us, these will continue until you choose to opt out. If you wish to stop receiving job alerts or marketing communications, update your preferences on your ‘My Profile’ page, use the unsubscribe link in any email message, or email info@selectleaders.com to request removal. Note that opting out may limit your access to updates, improvements, or offers.

While you can opt out of marketing and job alerts, service-related communications, such as security, legal notices, account information, or transaction-related communications, cannot be opted out of unless you deactivate your account and cease using our Services.

D. User Accounts

This section applies to all User accounts. When you create or register an account with SelectLeaders, you control your profile information and interactions with the Services via the settings on your “My Profile” page. By creating your account or uploading information, you represent that all provided information is accurate and complete.

You are solely responsible for activity under your account. You must safeguard your User ID and password, as they control access to portions of the Site. In case of unauthorized use, promptly notify us at info@selectleaders.com. You are expected to use "strong" passwords, combining upper and lowercase letters, numbers, and symbols, for added security.

Exercise caution when accessing your account on public or shared computers to prevent others from viewing or recording your password or personal information (as used in the Privacy Policy). Your account is personal to you; do not permit others to access the Services through your ID, password, or other security information. You must log out after each session. Any misuse of your password or unauthorized access to your account is your responsibility.

We may disable or terminate your account, ID, password, or other identifier at our discretion and without notice, including in cases of any violation of these Terms.

If you connect to the Services using a third-party account, you authorize us to access and use the information provided by that service, store your login credentials, and display the information within your SelectLeaders account. SelectLeaders is not liable for any personal information shared with us in conflict with the privacy settings on your chosen third-party service.

SelectLeaders reserves the right to suspend or terminate your account and/or your access to any portion of the Services without notice for any reason, including violation of these Terms. Upon termination, all provisions in these Terms will remain in effect, except those granting you access to the Services. SelectLeaders bears no liability to you for terminating or suspending your access to the Services or account, nor for deleting information in the account.

E. General Rules for Use of Services

Without prior notice, we may modify any aspect of the Services, discontinue the Services or features, or impose usage limits. If these changes materially and negatively impact your use of the Services, you may terminate your access upon written notice to us. We may limit, condition, or suspend your access at any time, based on our sole determination that you have breached these Terms, committed fraud, or otherwise abused the Services.

You bear full responsibility for interactions with other Users. While we reserve the right to monitor disputes between Users, we have no obligation to do so. SelectLeaders disclaims liability for any interactions between Users and has no obligation to enforce these Terms on behalf of any User.

F. User Code of Conduct

While using the Site or Services, you agree not to:

Copy, distribute, or disclose any part of the Site by any means, including automated or non-automated "scraping."
Use automated systems, like robots, spiders, or offline readers, to access the Site in a way that sends more request messages to SelectLeaders servers than a human could reasonably produce in the same period using a standard browser (except for public search engines, which SelectLeaders permits to index Site content for creating searchable indices, not for caching or archiving).
Bypass restrictions or measures preventing or restricting Site access, including those that enforce limitations on Site or content use.
Share login credentials or disclose passwords.
Post inaccurate, stale, misleading, or false information or otherwise violate Section 2.B.
Resell or distribute SelectLeaders’s services or data to unauthorized parties.
Use any search engine, software, tool, or other device (other than those provided by SelectLeaders) to navigate or search the Site.
Engage in mass email, direct mail, telephone marketing, or spam targeting SelectLeaders’ Employers or Candidates.
Introduce harmful technology like viruses, trojan horses, or worms.
Imply endorsement by SelectLeaders without consent.
Impersonate any individual or entity, misrepresent your affiliation, or mislead others about your identity.
Restrict or inhibit other Users from using the Site or Services, including through hacking or defacing.
Use the Site for commercial, research, or other information-gathering purposes unrelated to real estate job searches.
Attempt unauthorized access to the Site, servers, or connected databases.
Modify, adapt, sublicense, translate, or decompile the Site or its content.
Remove copyright or proprietary notices on Site content.
“Frame” or “mirror” any part of the Site, or link to pages other than the homepage (https://www.SelectLeaders.com).

Employers specifically agree not to:

Post jobs for an employer not directly represented by your firm.
Duplicate job postings or list multiple positions within a single posting.
Post jobs without a valid company email address or online function.

If you find any content on the Site that does not comply with these guidelines, you may notify SelectLeaders by emailing info@selectleaders.com, mailing SelectLeaders, LLC at 575 Lexington Avenue, Floor 4, New York, NY 10022, or faxing 212-600-2301. SelectLeaders may investigate any reported content and take action as deemed necessary, without any obligation to act or liability for actions taken.

2. USER CONTENT AND USERS

A. Posting or Viewing User Content

The Services may permit Users to post or provide content viewable by other Users, including but not limited to Real Estate Jobs, screening criteria, company details, and application information from Candidates (collectively, "User Content").

User Content is solely the responsibility of the person or entity providing it. You are fully accountable for your User Content and any outcomes arising from posting, providing, or publishing it.

B. Prohibited Types of User Content

The following list provides examples of prohibited User Content but is not exhaustive. You agree not to post or provide User Content that:

May create a risk of harm to any person or property;
Offers instructions for illegal activities;
Contains unsolicited messages, such as ‘phishing’ or ‘scamming’;
Links to material that is illegal or offensive, or targets or solicits personal information from individuals under 18 or the legal age of majority;
Is deemed unlawful, harmful, abusive, racially or ethnically offensive, defamatory, invasive of privacy, harassing, humiliating, libelous, threatening, profane, or otherwise objectionable;
Contains information that is illegal, including but not limited to insider information under securities law or trade secrets;
Contains information you do not have the legal right to make available under any law or contract;
Contains false, misleading, or otherwise deceptive information;
Violates the Intellectual Property Rights or privacy rights of any third party.

For these Terms, "Intellectual Property Rights" includes rights such as patents, copyrights, trademarks, trade secrets, and any related rights, existing or future, and all registrations and renewals thereof in any jurisdiction. Employers submitting Real Estate Jobs further agree not to include personally identifiable information in job content.

C. No Warranties or Obligations

SelectLeaders does not make any promises, representations, warranties, or guarantees regarding content generated by third parties, including job postings, resumes, or communications between Users. You acknowledge that SelectLeaders is merely a conduit for distributing and publishing User Content and has no obligation to screen or verify it. Consequently, you accept that SelectLeaders is not responsible for User Content and bears no liability for its accuracy, legality, or truthfulness. You may encounter User Content that is incorrect, incomplete, illegal, or otherwise unsuited to your purposes, and it is your responsibility to assess its quality and reliability. Rely on User Content at your own risk.

SelectLeaders nevertheless reserves the right to reject or remove User Content or suspend any related User Account if the content appears to violate these Terms, applicable law, third-party rights, or may otherwise harm SelectLeaders.

D. User Content and the U.S. Communications Decency Act

In line with Section 230 of the U.S. Communications Decency Act ("CDA") (or equivalent laws in your jurisdiction), online service providers like SelectLeaders are generally not liable for third-party User Content (as per § 230(c)(1), which states that no provider of an interactive service shall be deemed the publisher of third-party information).

The decision by SelectLeaders to remove, restrict, or not display User Content does not indicate participation in the creation of such content and does not waive the immunity provided by the CDA. Further, § 230(c)(2) of the CDA stipulates that service providers cannot be held liable for actions taken in good faith to restrict access to content considered obscene, harassing, or otherwise objectionable.

E. User Interactions and Assumption of Risk

SelectLeaders does not confirm the identity of each User. As SelectLeaders does not authenticate Users, you are responsible for conducting due diligence before engaging with others, including Candidates and Employers. You assume all risks associated with your interactions. Should you have a dispute with another User, you agree to pursue remedies directly with them, releasing SelectLeaders and its affiliates, and the owners, officers, managers, directors, employees, and agents of each of them, from all claims, demands, and damages of any kind or nature arising from such interactions.

F. Content Disclosure

SelectLeaders may disclose User Content and associated information to third parties as part of operating the Services, to enforce these Terms, comply with legal requests (including without limitation from governmental authorities and law enforcement agencies, and/or in response to court orders and subpoenas), or protect SelectLeaders’s interests. You agree that SelectLeaders may reveal your identity to any party alleging that your User Content violates these Terms, is fraudulent, or infringes their rights, including intellectual property or privacy.

3. USER CONTENT LICENSE GRANT

By posting, submitting, or otherwise making available any User Content, you grant SelectLeaders a royalty-free, sublicensable, perpetual, transferable, non-exclusive, worldwide license to use, reproduce, adapt, translate, publicly perform, display, create derivative works from, and otherwise exploit all such User Content, in whole or in part, through any form, media, or technology now known or hereafter developed. This license is granted for purposes of posting User Content on the Site, sharing it with Candidates and Employers, and promoting SelectLeaders and the Services. This license remains effective even if you discontinue using the Services.

If you are an Employer, you acknowledge that SelectLeaders is under no obligation, and may lack the ability, to remove Real Estate Jobs and other content you submit (including any logos or trademarks) and that the above license grant is perpetual and irrevocable. If your User Content includes any legally protected trademarks, trade names, or service marks, this license also extends to SelectLeaders’ use of such elements in promotional and marketing materials.

Additionally, if you authorize SelectLeaders to access certain User Content on another website or service you own or control, you consent to SelectLeaders scraping such site to retrieve the User Content for use on the Site or as required by the Services, despite any prohibitions on scraping set forth in these Terms or other contractual terms of that website.

If you grant SelectLeaders permission to send automated, personalized invitations or other User Content to Candidates on your behalf, you agree that SelectLeaders may use your name, likeness, and company information for those communications.

You confirm that you have the rights, authority, and permissions necessary to grant SelectLeaders the license described here for any User Content you provide, and that SelectLeaders’s use of your User Content will not infringe upon any third-party rights or violate any laws. You also affirm that your User Content is complete, accurate, and lawful.

4. OUR PROPRIETARY RIGHTS

These Terms provide you with a limited license to access the Site and use the Services in accordance with these Terms. Accordingly, you agree that SelectLeaders does not transfer any ownership or intellectual property rights in the Services or related materials, including, but not limited to, software, programs, information, documentation, images, text, graphics, user interfaces, illustrations, logos, patents, trademarks, service marks, copyrights, audio, videos, and other content (collectively, "SelectLeaders Content"). All such SelectLeaders Content, along with the design, structure, coordination, “look and feel,” and arrangement of the Site, is exclusively owned, controlled, and/or licensed by SelectLeaders or its licensors.

The SelectLeaders logo, along with all other marks, are proprietary trademarks of SelectLeaders. You agree not to use these marks, including as domain names, account identifiers, or in connection with search engine optimization, without prior written permission from SelectLeaders. Except as explicitly provided within these Terms, no license to use SelectLeaders Content or intellectual property is created hereunder, and you agree not to sell, license, modify, distribute, copy, publicly display, or create derivative works from any content accessed through the Site or Services for any purpose not expressly permitted.

If you provide feedback regarding the Services or Site, including suggestions, comments, ideas, or recommendations (collectively, "Feedback"), such Feedback will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sublicensable, and non-exclusive license for SelectLeaders to use, reproduce, distribute, display, or act upon such Feedback globally, in any form, media, or technology now known or hereafter developed, for the full term of any rights in such Feedback. You waive any claims to the contrary and any moral rights to the extent permitted by law, consenting to any acts that would otherwise infringe on those rights. You further agree not to provide Feedback that is false, misleading, or in breach of any third-party agreement.

5. ADDITIONAL TERMS THAT APPLY TO CANDIDATES

Please refer to the Frequently Asked Questions (“FAQ”), which are incorporated into these Terms. If there is any conflict between the FAQ and these Terms, these Terms will prevail.

As a Candidate, you may (i) use the Services to search for Real Estate Jobs, (ii) apply for Real Estate Jobs, (iii) receive job alert emails or text messages where available, and (iv) include your cover letter, resume, or other relevant information in the SelectLeaders resume database (the “SelectLeaders Database”). For these Terms, the terms "resume" or "CV" encompass curriculum vitae, profiles, references, recommendations, and similar written overviews or assessments of a person's qualifications.

If you have a SelectLeaders account, submit your resume/CV to SelectLeaders, or sign up for Job Alerts, you agree that we may (A) use the information you provide to send you information about Real Estate Jobs of potential interest to you, and (B) share your resume/CV and profile information (if made searchable in the SelectLeaders Database) with Employers seeking candidates with your qualifications. You can elect not have your resume/CV and profile information searchable by navigating to your profile and toggle an “actively searching” flag. If the “actively searching” flag is not enabled, your resume/CV and profile information will not be shared in the database.

If you consent to share your resume/CV and information with prospective Employers by applying to a Real Estate Job or including your resume/CV in the SelectLeaders Database, you grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license (and right to sublicense) to use your resume/CV and other information as required to fulfill our services to you.

A. Job Applications in General

By applying to a Real Estate Job on the Site, you authorize SelectLeaders to store your information and share it (including your resume/CV) with the entity that posted the Real Estate Job. Ensure that the information provided is accurate, complete, and only contains details you are comfortable sharing.

If SelectLeaders sends a message to an Employer on your behalf or submits your job application, you acknowledge that SelectLeaders does not guarantee receipt, access, viewing, or response from the Employer, nor error-free data transmission. Any screening questions are controlled by the Employer, and if you need alternative screening arrangements, you must contact them directly.

B. Applying to Real Estate Jobs on the Site

When you apply for a Real Estate Job on the Site, SelectLeaders will send the resume associated with your account.

You are responsible for ensuring that your cover letter and/or resume are current, accurate, and updated before you apply for a Real Estate Job or make it available in the SelectLeaders Database, so Employers receive the latest information about you. SelectLeaders does not guarantee confidentiality or security of the information shared with Employers.

To delete a cover letter, click on “Manage Profile & Settings” within your account. Select “Manage Cover Letters” and use the dropdown menu to select the cover letter to be removed. Use the delete button to remove it from the system. To delete a resume, click on “Manage Profile & Settings” and select “Manage Resumes”. Use the delete link to remove the resume from your account and the SelectLeaders Database.

C. Account Creation

Registering your email address on our site allows you to view Real Estate Jobs. Full registration, which is free, enables you to apply to Real Estate Jobs and set up email Job Alerts. Click here to register.

To delete your account, please send an email to customerservice@selectleaders.com with the subject line of “Account Removal Request”. A member of the team will follow up with the request via email and the account will be disabled for 30 days. After 30 days, the account will be purged from the system.

D. Job Alerts

Job Alerts let you define criteria for Real Estate Jobs you wish to be notified about by email. Candidates can opt in to receive job alert emails to be among the first to apply for relevant job postings, potentially increasing their selection chances. After registration, you can set up Job Alerts by logging in, clicking “Create New Job Alerts,” running a search, and selecting “Create Job Alert.” This is a free service. To unsubscribe, go to “Manage Job Alerts” within your account.

E. SelectLeaders Database

The SelectLeaders Database feature allows Candidates to store their resume/CV and other profile information on the Site.

Employers can view candidate information only when a Candidate has applied to a job with a resume and cover letter or has uploaded a resume with permission for Employers to search within the SelectLeaders Database. Once you delete your resume from your account, it will be removed from the SelectLeaders Database. However, if an entity has already accessed or saved your resume, they may retain that information. For additional details on privacy, please refer to the Privacy Policy.

F. Interactions with Other Users; Scams; Confidentiality

You are solely responsible for interactions with Users who contact you or whom you contact. Please note that there are risks, including physical harm, when interacting with strangers, who may act under false pretenses. Be cautious about the information you choose to share in your User Profile, job application, or resume/CV, and only list contact information you are comfortable disclosing.

Alongside reviewing this section and Section 2, you are encouraged to conduct your own due diligence on potential Employers and Real Estate Jobs. SelectLeaders does not authenticate Users or guarantee job suitability or legitimacy.

If you have concerns about a communication received from a potential employer (especially unsolicited messages), a specific Real Estate Job on the Site, or a suspected fraudulent job, take the following steps:

Immediately contact SelectLeaders at info@selectleaders.com and do not respond to the sender;
Conduct an internet search on the company and individual contacting you to verify authenticity;

i. Scammers often use legitimate company selectleaderss to deceive job seekers. Locate the official human resources or recruiting email of the company and verify the connection of the individual contacting you. Suspicious email domains should prompt further checks.

ii. An internet search may reveal complaints about the individual or company.

iii. U.S. Candidates can verify complaints with entities like the Better Business Bureau or the Federal Trade Commission (FTC), which provides guidance on job scams at https://www.consumer.ftc.gov/articles/job-scams.

iv. Canadian Candidates can use resources like the Canadian Radio-Television and Telecommunications Commission (CRTC) https://crtc.gc.ca/eng/ce.htm and provincial consumer protection websites.

Report any suspicious email to the fraud department of the email provider, such as Yahoo (mail-abuse@cc.yahoo-inc.com), Google (abuse@googlemail.com), or Hotmail (report_spam@hotmail.com).
If you disclosed bank details or received funds, contact your bank to stop transactions and seek further guidance, then file a police report.
U.S. Candidates should file a complaint with the FTC, their State Attorney General, or local Consumer Protection Agency, with resources at https://www.consumer.ftc.gov/articles/job-scams.
Canadian Candidates can report to the Canadian Anti-Fraud Centre (CAFC) at http://www.antifraudcentre-centreantifraude.ca/index-eng.htm.

If a job offer seems too good to be true, carefully verify its authenticity before responding or taking action.

The following is a non-exhaustive list of red flags indicating potential fraud:

Job offers made immediately after submitting a resume, without an interview;
Claims that a resume was found online, with an immediate job offer rather than an invitation to apply;
Sending a check to the applicant with instructions to deposit and return a portion;
Requests for payments for training or materials;
Requests for personal or financial information not included in the resume/CV;
Poorly written emails with misspellings, grammatical errors, or urgent requests for acceptance;
Offers of senior roles or high salaries unrelated to the applied position;
Detailed job descriptions lacking candidate criteria.

6. ADDITIONAL TERMS THAT APPLY TO EMPLOYERS

A. Pricing and Registration

Pricing for Services is listed at https://www.selectleaders.com/employer/pricing/.

Posting a job role on the SelectLeaders site requires the purchase of a Job Post. Job Posts are available for purchase in increments of 1, 2, 3, or 5. Each Job Post must be used within the specified timeframe outlined below:

1 Job Post: Must be utilized within 30 days from the date of purchase.
2 Job Posts: Must be utilized within 30 days from the date of purchase.
3 Job Posts: Must be utilized within 2 months from the date of purchase.
5 Job Posts: Must be utilized within 6 months from the date of purchase.

All Job Postings will remain active on the Job Board for a maximum duration of 45 days from the date of posting.

Job Posts may be enhanced with additional features (“Add-Ons”), subject to the following terms:

Job Post Booster: Must be utilized within 30 days of purchase. This feature pushes the Job Post back to the top of the Job Board.
Job Post Refresher: Must be utilized within 30 days of purchase. This feature extends the duration of the Job Post by an additional 14 days on the Job Board.
Nationwide Posting: Must be utilized within 30 days of purchase. This feature removes state-specific filters to maximize job visibility nationwide.
Premium Posting: Must be utilized within 30 days of purchase. This feature keeps the Job Post at the top of the Job Board and highlights it for enhanced visibility.

Any unused Job Posts or Add-Ons that are not utilized within their respective allotted time frames will expire and will not be eligible for refund or credit.

As an Employer, you may use the Services to (i) search for potential Candidates, (ii) view resumes, profiles, or curriculum vitae, and/or (iii) post or distribute Real Estate Jobs on behalf of yourself or a third party.

Services are provided for a fee, and you agree to the pricing and payment terms applicable to the Services, which may be updated periodically. Recurring charges are billed in advance. SelectLeaders reserves the right to (1) introduce new services or products with additional fees, or (2) adjust fees for existing Services, effective in the billing cycle following notification. Cancellation requests should follow the terms provided here.

We may also offer certain services through third-party partners, and any such use will be subject to their terms. SelectLeaders bears no responsibility for third-party services, and your use is at your own risk.

If you dispute any part of an invoice, pay the undisputed portion and submit a written notice explaining the dispute, including details of the nature and amount, invoice numbers, and any necessary information to identify the Service(s) involved. Disputes must be submitted in writing within thirty (30) days of the invoice date. Disputes not raised within this timeframe are waived. If the dispute is resolved in SelectLeaders’ favor, you must pay the amount plus interest as outlined below.

You may cancel Services at any time under these Terms but accept that prepaid fees are non-refundable unless otherwise specified. If SelectLeaders limits, suspends, or terminates access due to material breach, you will not receive a refund and remain liable for unpaid fees.

You authorize SelectLeaders to grant any Authorized User under your account, or other designated persons, access to modify and view payment, tax, or bank information related to your business relationship with SelectLeaders.

All transaction-related information must be accurate, complete, and up to date. You are responsible for all charges made with your selected payment method. Any applicable taxes on transactions will also be paid by you. If SelectLeaders is later required to pay any uncollected taxes, you must promptly reimburse SelectLeaders, including any penalties and interest.

For additional Services or plan upgrades, you will be invoiced or your selected payment method will be charged accordingly.

Late payments may incur interest at 1.5% per month (18% annually) or the highest allowable rate, accruing from the payment due date until settled in full. You are liable for any reasonable expenses, including legal fees, incurred by SelectLeaders in collecting overdue amounts. For late payments, we may either (i) immediately suspend or terminate access to Services without notice, or (ii) charge the credit/debit card on file. Unless your plan is timely canceled, charges will continue to accrue even if you do not use the Services.

If you pay by credit or debit card, you authorize SelectLeaders to charge your payment method for the applicable fees and any relevant sales, use, excise, GST, or similar taxes for the duration of your plan. You confirm that you have authorization to use the provided payment method and accept electronic records of receipts. If your payment method fails, SelectLeaders may suspend or terminate Services access, though you remain liable for the fees due.

EXCEPT WHERE OTHERWISE SPECIFIED, YOU AGREE THAT PAID SERVICE PLANS WILL AUTOMATICALLY RENEW UNLESS CANCELED, OR IF SUSPENDED OR TERMINATED BY SELECTLEADERS.

If plans provide for automatic renewal, they will automatically renew unless you notify SelectLeaders of changes or non-renewal requests before the end of the plan term or Renewal period. Cancellation requests must follow instructions on the Site or via the next section. Automatic renewals will be charged to your payment method on file, or invoiced.

Cancel your plan by emailing customersupport@selectleaders.com. To avoid further charges, complete the cancellation before your next billing date. Cancellation is effective at the end of the billing period, after which access to content and features under your plan will be discontinued. Refunds of prepaid fees are not granted upon cancellation; cancellations take effect at the end of the current plan or Renewal period.

B. Content Rules

Regarding Real Estate Jobs you submit, post, or distribute on behalf of yourself or a third party, you warrant that (i) Real Estate Job content complies with applicable advertising and employment laws, including privacy laws in the relevant jurisdictions; (ii) you hold the rights to permit SelectLeaders to publish and use the Real Estate Jobs as described; (iii) reproduction or distribution of Real Estate Jobs complies with the law and does not violate third-party rights, including copyright, trademark, false advertising, defamation, or other proprietary rights; (iv) Real Estate Jobs comply with these Terms, and (v) you have the authority to allow SelectLeaders to access, wrap, or collect Real Estate Jobs from applicable sites as needed for distributions.

You agree to indemnify and hold harmless SelectLeaders and its affiliates, owners, officers, directors, employees, and agents from all claims, costs, damages, losses, liabilities, and expenses (including legal fees) arising from your Real Estate Jobs or other content you provide, or any breach of these Terms.

You further agree not to post Real Estate Jobs that:

Contain inaccurate or misleading information;
Use “hidden” keywords or irrelevant keywords;
Advertise or promote products or services;
Endorse political parties, agendas, or religions;
Advertise positions in countries under economic sanctions, unless legally permissible;
Require applicants to disclose certain sensitive information (e.g., ethnicity, political beliefs, union membership);
Contain offensive or exploitative material, or request information from minors;
Use screening requirements unrelated to the job role;
Promote franchises, pyramid schemes, “club memberships,” multi-level marketing, or require recruitment;
Require application or training fees, training materials, or sample fees;
Contain illegal content or links to illegal content;
Offer commission-only pay without clear disclosure; or
Require specific citizenship unless legally required.

Real Estate Jobs must also comply with local, national, and international laws, including those on labor, employment, and anti-discrimination.

If you believe any Site content violates these Terms, please contact us at info@selectleaders.com with the subject "Violation of Content Rules." For content allegedly infringing copyright, see Section 7.

C. Publication and Distribution of Real Estate Jobs

By submitting Real Estate Jobs, you agree that SelectLeaders has no obligation to publish or distribute your listings. SelectLeaders may verify some job postings and/or Employers to prevent fraud or abuse, improve Services, or for other reasons at its discretion. SelectLeaders may also disclose the volume of Real Estate Jobs you post over any specified time period.

SelectLeaders will make reasonable efforts to distribute Real Estate Jobs through third-party services, job boards, or other entities in our distribution network, or in job alert emails and texts (where a Candidate has opeted-in to receive such alerts) (collectively, “Distribution Channels”). However, SelectLeaders does not control the Distribution Channels and does not guarantee delivery, acceptance, or that Real Estate Jobs will reach or be read by Candidates. SelectLeaders has no obligation to you if your job listing is rejected, and refunds will not be issued for unposted or undelivered jobs.

SelectLeaders does not guarantee responses, views, clicks, or applications to Real Estate Jobs, nor the quality of responses or Candidates received. Employers bear responsibility for candidate selection, background checks, and qualification verification.

D. Your Account and Authorized Users

You are responsible for all activities under your account by any person or entity that is able to access Services using your credentials (each, an “Authorized User”). You agree to (i) limit access to the number of Authorized Users under your account, (ii) not share log-in credentials with third parties, (iii) not resell or sublicense account access, (iv) ensure Authorized Users comply with these Terms, and (v) notify SelectLeaders of any suspected violation of these Terms or unauthorized access.

Only Authorized Users may post Real Estate Jobs or interact with Candidates. You assume responsibility for using the Services, complying with laws, and all candidate interactions. SelectLeaders reserves the right to restrict any Authorized User’s access if they violate these Terms.

E. Removal of Real Estate Jobs; Enforcement; Termination

SelectLeaders reserves the right to remove any Real Estate Job or content that violates these Terms, applicable law, or third-party terms; or that SelectLeaders deems harmful, offensive, deceptive, or otherwise unsuitable.

We may:

Remove or refuse to post User Content at our discretion;
Take necessary action if we believe User Content infringes rights, violates these Terms, or threatens user safety;
Disclose your identity to third parties alleging rights violations;
Take legal action for unauthorized Site use;
Suspend or terminate Site access for any reason, including Terms violations.

F. SelectLeaders Database

If your plan includes SelectLeaders Database access, SelectLeaders grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to search the SelectLeaders Database and view or download a specified number of resumes/CVs solely for legitimate employment purposes. Unauthorized access, resale, or automated downloads of resume data is prohibited.

SelectLeaders reserves the right to limit access to the SelectLeaders Database, suspend or terminate access for non-compliance with these Terms, or block access to a Candidate's resume upon their opting out of the SelectLeaders Database.

You shall not use any automated computer programs or software to download resumes/CV or to extract personal information and shall not resell or sub-license access to the SelectLeaders Database (or any portion thereof) or any resume (including personal information contained therein). You further agree that you shall not use the SelectLeaders Database or its contents to market or sell products or services to Candidates in the SelectLeaders Database.

Notwithstanding anything to the contrary in these Terms, SelectLeaders reserves the right to limit the amount of information (including resume views and downloads), that may be accessed in any time period to mitigate any overload to the Services or in response to any abuse of the Services. The SelectLeaders Database shall not be used in any manner that adversely affects SelectLeaders business, imposes an Iunreasonable or disproportionately large load on SelectLeaders infrastructure, or interferes with the ability of others to access the SelectLeaders Database. SelectLeaders reserves the right to suspend or terminate access to the SelectLeaders Database or terminate your rights under these Terms in the event of any non-compliance with these Terms or any other agreement you have with SelectLeader. You shall remain primarily responsible for ensuring that Authorized Users comply with the these Terms. If a Candidate opts out of the SelectLeaders Database at any time, SelectLeaders reserves the right to block access to, and/or remove, the Candidate’s resume/CV from the SelectLeaders Database.

You accept that SelectLeders does not verify whether any telephone number contained within a resume/CV is a landline or a cell phone number, and it is your responsibility to ensure that any communication with a Candidate is in compliance with applicable laws related to telephone calls, automated dialing, SMS, spam, fax, and unsolicited communications.

You represent, warrant and promise that: (i) you will use the SelectLeaders Database and the personal information contained within any resumes/CVs or Job Seeker profile, in accordance with applicable communication, privacy and data protection laws; (ii) you shall not further disclose any personal information from SelectLeaders Database to a third party, unless you are an authorized recruitment agency, staffing agency, or job advertising agency acting on behalf of a client, and you are accessing the resumes/CVs to source candidates on behalf of your clients for legitimate employment purposes, and such disclosure falls within the scope of your plan for the Services; (iii) you will implement appropriate physical, technical, and administrative measures to protect personal information obtained from the SelectLeaders Database from loss, misuse, unauthorized access, disclosure, alteration or destruction, and you will notify SelectLeaders immediately in the event of any suspected or actual unauthorized access or disclosure of resumes/CVs; (iv) Authorized Users shall not share login credentials with any other party; (v) you will not use the contact information from resumes/CVs to send unsolicited mail, e-mails, phone calls, SMS, or faxes regarding promotions and/or advertising of your or a third party’s products or services, or to contact or source Candidates for careers fairs and business opportunities; and (vi) you will respect the privacy choices of Candidates.

SelectLeaders makes no representations or warranties regarding any content provided or generated by third parties, including, without limitation, resumes/CVs. SelectLeaders acts as a passive conduit for receipt of resumes/CVs and has no obligation to screen resumes/CVs, verify the identity of the person submitting a resume/CV, or verify the accuracy of the data or content contained in resumes/CV. It is your responsibility to conduct due diligence as regards the individual Candidate. We do not guarantee any response or the number of responses to your Real Estate Jobs or that any responses will be from Candidates suitable for the job vacancy you advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that Candidates who respond to your Real Estate Jobs have the required qualifications to meet your requirements.

References to "resume" or "CV" as used herein, will include cover letters, curriculum vitae, profile, references, recommendations, and other similar written overviews or assessments of a person's experience and qualifications.

G. Data Protection

You agree to implement appropriate physical, technical, organizational, and administrative measures (a) to prevent unauthorized or unlawful processing of any personal information; (b) to protect personal information against accidental loss, destruction or damage; (c) to include taking reasonable steps to ensure the reliability of the personnel having access to the personal information; and (d) having regard to the state of technological development and the cost of implementing those measures so as to ensure a level of security appropriate to: (i) the harm that may result from breach of those measures; and (ii) the nature of the personal information to be protected. You agree to comply with applicable data protection and privacy laws and regulations in applicable jurisdictions particularly as they relate to your operations and the residency of the applicable Candidates. You further agree to indemnify, defend, and hold harmless SelectLeaders and its affiliates, and the owners, officers, directors, employees, and agents of each of them, from and against all costs, claims, damages or expenses incurred by SelectLeaders for which we may become liable due to any failure by you or your personnel or agents to comply with any of your obligations under this section, the Privacy Policy, and applicable data protection and privacy laws and regulations.

H. Using a Partner Platform

If you access or use the Services through a third-party platform, such as, without limitation, applicant tracking system partners, job board partners, or other strategic partners (each, a “Partner Platform”), you understand and agree that you will only post Real Estate Jobs in connection with hiring employees for your own organization, and you will only use the Services in connection with hiring employees for your own organization. SelectLeaders reserves the right, as determined in SelectLeaders’s sole discretion, to reject or disable your use, or any portion of your use, of the Services through a Partner Platform if you post a Real Estate Job in connection with hiring an employee for an organization other than yours or if you use the Services in connection with hiring an employee for an organization other than yours, whether or not you are a job board, staffing agency, recruiter, recruitment advertising agency, or other recruitment-based entity.

7. INFRINGING CONTENT

A. DMCA Notice Procedure (Copyrights)

SelectLeaders adheres to the Digital Millennium Copyright Act of 1998 ("DMCA") and similar laws outside the United States regarding copyright infringement.

If you believe that your copyrighted work has been used on the Services in a manner constituting copyright infringement, please submit a DMCA-compliant notice to SelectLeaders at customerservice@selectleaders.com. To be valid under the DMCA, your notice must include:

An electronic or physical signature of the copyright owner or authorized agent;
Identification of the copyrighted work you believe has been infringed;
Identification of the infringing material and a link or description of its location on the Site;
Contact information, including address, telephone number, and email address;
A statement affirming your good faith belief that the use is unauthorized by the copyright owner, its agent, or the law;
A statement, under penalty of perjury, that the information provided is accurate and that you are authorized to act on behalf of the copyright owner.

FAILURE TO INCLUDE ALL REQUIRED INFORMATION, INCLUDING SPECIFIC URLS WHERE CONTENT IS LOCATED, MAY DELAY THE PROCESSING OF YOUR NOTICE AND REQUIRE YOU TO PROVIDE ADDITIONAL INFORMATION. SELECTLEADERS WILL NOT REMOVE CONTENT UNTIL ALL NECESSARY INFORMATION IS PROVIDED.

UNDER FEDERAL LAW, KNOWINGLY MISREPRESENTING THAT MATERIAL ONLINE IS INFRINGING MAY SUBJECT YOU TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Copyright Counter-Notices. If content you posted on the Site has been removed due to a copyright claim and you wish to dispute the removal, you may submit a counter-notification under Section 512(g) of the DMCA as follows:

Your counter-notification must be a written communication containing the items specified below.
Under Section 512(f) of the DMCA, any person who knowingly misrepresents that content was removed or disabled by mistake may be liable. SelectLeaders enforces a policy that may terminate accounts and content from repeat infringers. If unsure, we recommend consulting an attorney before submitting a counter-notification.

Elements of Counter-Notification. To expedite processing, please use the following format:

List the URLs of the material SelectLeaders removed or disabled access to;
Provide your full name, address, telephone number, email address, and User ID if registered;
Include a statement consenting to the jurisdiction of New York state courts and accepting service of process from the original claimant or their agent;
State: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
Sign the notice physically or electronically. Email your counter-notification to info@selectleaders.com.

Upon receiving your counter-notification, SelectLeaders will forward it to the original claimant, including your identifying information as specified in the counter-notification. By submitting a counter-notice, you consent to this disclosure.

The claimant must notify SelectLeaders within ten (10) days that they have filed an action seeking a court order to prevent you from engaging in infringing activity. If SelectLeaders does not receive this notice, it may reinstate the disputed content, though SelectLeaders is not obligated to do so.

Foreign Counter-Notification. If you reside outside the United States, understand that filing a counter-notice may lead to legal proceedings with the claimant. False claims in this context may carry legal consequences in your jurisdiction or the United States. We recommend consulting legal counsel familiar with United States and New York State laws before proceeding.

General. In compliance with the DMCA and applicable law, SelectLeaders may terminate accounts of repeat infringers and restrict access to the Services in response to intellectual property violations. SelectLeaders reserves the right to limit or terminate access to the Services of Users who infringe the intellectual property rights of others, regardless of repeat violations.

B. Other Infringing Content (Trademarks)

If you believe in good faith that content on the Site infringes your intellectual property rights or is otherwise illegal, please contact SelectLeaders at info@selectleaders.com. Include the following in your notice:

A detailed description of the infringing or illegal material or activity and why it is infringing or illegal;
A description specifying where the material is located on the Site (if applicable);
Your name, address, telephone number, and email address.

8. THIRD-PARTY LINKS AND SERVICES

The Site may contain links to third-party websites, advertisers, products, services, or other events or activities that are not owned or controlled by SelectLeaders (collectively, "Third Parties"). SelectLeaders does not endorse or assume responsibility for any Third-Party sites, information, materials, products, or services. By accessing a Third-Party website from the Site or using a Third-Party service, you do so at your own risk, understanding that these Terms and the Privacy Policy do not govern your interactions with such Third-Party sites or services. You expressly release SelectLeaders from any and all liability arising from your use of any Third-Party website, service, or content.

Your dealings with, or participation in promotions of, advertisers found on the Site, including any associated payment and delivery of goods or services, and any related terms, warranties, or representations, are solely between you and the advertiser. You agree that SelectLeaders is not liable for any loss or damage resulting from your dealings with such advertisers.

9. INDEMNITY

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless SelectLeaders, its affiliates, and the owners, managers, directors, officers, board members, employees, agents, successors, and assigns of each of them, from any and all claims, damages, obligations, losses, liabilities, costs, or debts, including expenses (such as legal fees and costs), arising from:

Your use of and access to the Services, including any data or content transmitted or received by you;
Your violation of any provision within these Terms or any other agreement with SelectLeaders, including without limitation any breach of the representations and warranties herein;
Your infringement of any third-party rights, including without limitation rights of privacy or Intellectual Property Rights;
Your violation of any applicable laws, rules, or regulations, including, without limitation, violations of the U.S. Fair Credit Reporting Act, applicable credit reporting laws, and any data protection, email marketing, or telemarketing laws, including communications sent by email, phone, or text to another User;
Any claims or damages arising from your User Content;
Any third party’s access and use of the Services using your account or login credentials; and/or
Your intentional or negligent misconduct.

10. NO WARRANTY

A. Disclaimer of Warranties

NOTHING IN THIS AGREEMENT SEEKS TO EXCLUDE ANY CONDITIONS, WARRANTIES, OR GUARANTEES THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE FULLEST EXTENT PERMITTED BY LAW, SELECTLEADERS DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM USING THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES, GUARANTEES, CONDITIONS, OR TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SELECTLEADERS, ITS EMPLOYEES, OR AGENTS, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

WITHOUT LIMITING THE ABOVE, WE DO NOT WARRANT THAT (I) ANY CONTENT PROVIDED ON OR THROUGH THE SERVICES IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE, OR CORRECT; (II) THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER LOSS THAT RESULTS FROM SUCH CONTENT OR YOUR USE OF THE SERVICES.

IF ANY SUCH WARRANTY OR GUARANTEE CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THEN TO THE EXTENT PERMITTED, SELECTLEADERS’ LIABILITY FOR BREACH OF ANY SUCH WARRANTY OR GUARANTEE IS LIMITED (AT SELECTLEADERS' OPTION) TO EITHER THE RE-SUPPLY OF THE SERVICES OR PAYMENT OF THE COST OF RE-SUPPLY.

B. Disclaimer

SELECTLEADERS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND SELECTLEADERS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. SELECTLEADERS DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL ENSURE COMPLIANCE WITH ANY LEGAL REQUIREMENTS OR OBLIGATIONS.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY STATED IN THESE TERMS, IN NO EVENT SHALL SELECTLEADERS OR ITS AFFILIATES, OR THE OWNERS, BOARD MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
ANY CONTENT OBTAINED FROM THE SERVICES; OR
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL SELECTLEADERS' AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID SELECTLEADERS, IF ANY, IN THE LAST TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT SELECTLEADERS HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12. ARBITRATION

A. Arbitration. Any dispute, controversy or claim arising out of or related to these Terms, including any dispute regarding the interpretation, construction or application of any term or provision of these Terms, shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration shall be conducted in New York, New York. The arbitration proceedings shall be conducted before, and an award rendered by, a panel of three arbitrators, all of whom shall be members in good standing of the New York bar, licensed to practice law, and actively engaged in the practice of law for at least 10 years. Within 15 days following the filing of an arbitration proceeding, each party shall select one person to act as its arbitrator, and the two party-selected arbitrators shall select a third arbitrator within ten days of their appointment. The two party-selected arbitrators will serve in a neutral capacity. If the party-selected arbitrators are unable or fail to agree upon the third arbitrator within the time provided, the third arbitrator shall be selected by the American Arbitration Association. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by law. The arbitrators may award to the prevailing party, as determined by the arbitrators, a just portion of the costs and fees associated with the arbitration. The term “costs and fees” means all pre-award expenses of the arbitration, including arbitrators’ fees, administrative fees, travel expenses, out-of-pocket expenses, witness fees and attorney’s fees and costs.

B. Discovery. Consistent with the expedited nature of arbitration, each party will, upon the written request of the other party, provide the other party with copies of all documents relevant to the issues raised by any claim or counterclaim, as well as all documents on which the producing party may rely in support of or in opposition to any claim or defense. Parties shall produce all responsive documents within 15 days following the receipt of a written request for production. The term “documents” includes paper documents as well as electronically stored information. In addition to written requests for the production of documents, each party may propound one set of interrogatories, consisting of not more than 20 questions (including sub-parts), upon the other party, which the other party shall answer under oath within ten days following receipt. Any dispute regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrators, which determination shall be conclusive. All discovery shall be completed within 60 days following the appointment of the arbitrators.

C. Depositions. At the request of a party, the arbitrators shall have the discretion to order examination by deposition of witnesses to the extent the arbitrators deem such additional discovery relevant and appropriate. Depositions shall be limited to a maximum of six witnesses per party and shall be held within 30 days of the making of a request. Additional depositions may be scheduled with the permission of the arbitrators upon a showing of good cause. Each deposition shall be limited to a maximum duration of three hours, and shall take place in New York, NY. All objections to questions posed during deposition are reserved for the arbitration hearing, except for objections based on privilege and proprietary or confidential information.

D. Injunctions. Either party may, without waiving any remedy under these Terms or otherwise waiving the arbitrability of a dispute, seek from any court having jurisdiction any interim, provisional or injunctive relief that may be necessary to protect the rights or property of that party, pending the decision of the panel of arbitrators.

E. Appeals. Notwithstanding any language to the contrary in this Section, the parties agree that any decision or award by the arbitrators may be appealed pursuant to the American Arbitration Association’s Optional Appellate Arbitration Rules (“Appellate Rules”); that any decision or award by the arbitrators shall, at a minimum, be a reasoned decision and award; and that any decision or award by the arbitrators shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within 30 days of receipt of any decision or award by the arbitrators, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any American Arbitration Association office. Following the appeal process the decision and award rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.

13. GENERAL TERMS

A. Governing Law

These Terms are governed by and interpreted in accordance with the laws of the State of New York, without regard to conflict of law principles. Any claims arising out of or related to these Terms or the Services must be brought in a court of competent jurisdiction located in New York City, NY, and you hereby consent to the exclusive jurisdiction and venue of such courts. Under California Civil Code Section 1789.3, California users of the 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., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

B. Entire Agreement

These Terms, including the Privacy Policy and any other agreements or terms referenced herein, constitute the entire agreement between you and SelectLeaders regarding your use of the Services, superseding any prior agreements or course of dealing between you and SelectLeaders with respect to the Services.

D. Waiver and Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. The failure by SelectLeaders to enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by SelectLeaders in writing.

E. Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without SelectLeaders’s prior written consent. SelectLeaders may assign or transfer these Terms, in whole or in part, at any time without restriction, by operation of law or otherwise.

F. Notices

SelectLeaders may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Site. Notices shall be deemed given upon receipt or, in the case of email, upon transmission, or if by regular mail, upon delivery.

G. Confidentiality

Pursuant to your use of the Services, you may receive information or be exposed to features and functionality that are not known or available to the general public, including, but not limited to, login credentials, technology, API Keys, dashboards, widgets, insertion codes, and guidelines and documentation relating to the Services ("Confidential Information"). You agree that: (a) all Confidential Information will remain the exclusive property of SelectLeaders; (b) you will use Confidential Information only as is necessary for your use of the Services and in accordance with these Terms; (c) you will not disclose Confidential Information to any third party; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in these Terms. You further agree not to share with, or otherwise disclose to, any third party, log-in credentials or any other mechanism that permits access to the Services or any other non-public area of the Site.

H. Equitable Relief

You acknowledge that a breach by you of any confidentiality or proprietary rights provision of these Terms may cause SelectLeaders irreparable damage, for which the award of damages would not be adequate compensation. Consequently, SelectLeaders may institute an action to enjoin you from any acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and additionally, SelectLeaders may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.

I. No Publicity

You shall not publicly disclose, issue any press release nor make any other public statement, nor otherwise communicate with the media, concerning the existence of these Terms or the subject matter hereof, or the relationship with us without SelectLeaders prior written approval. You further agree not to misrepresent or embellish your relationship with us. You agree to refer any inquiry that you receive from the media or other third parties, concerning these Terms, the Services, and/or SelectLeaders, to SelectLeaders at: info@selectleaders.com.

J. Electronic Contracting

Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY THESE TERMS, AND THAT YOUR INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO TRANSACTIONS YOU ENTER INTO ON THE SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

K. Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

SelectLeaders Terms of Use