Kampgrounds of Americal, Inc. and Kampgrounds of America (Canada) Ltd (collectively, "KOA", "we", "our" or "us") owns and operates workatkoa.com, an online digital platform that allows individuals seeking short-term, seasonal, contract or full-time job opportunities to apply for job openings and postings at KOA campgrounds across the United States and Canada (excluding Quebec) (our "website"). Any of the related services we provide and through our interactions with customers and potential customers through our website shall be referred to as the "Services" throughout these Terms of Use.
PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND KOA. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF OUR WEBSITE OR THE SERVICES. BY VISITING OUR WEBSITE OR OTHERWISE USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS (INCLUDING THE LINKED DOCUMENTS REFERRED TO IN THESE TERMS), AS REVISED FROM TIME TO TIME. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT ACCESS OR USE OUR WEBSITE OR THE SERVICES. IF YOU ARE DISSATISFIED WITH THESE TERMS OR ANY OTHER TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO OUR WEBSITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS TO AND USE OF OUR WEBSITE, AND ALL ASPECTS OF THE SERVICES. IF YOU USE OR ACCESS THESE SERVICES FROM OUTSIDE OF THE UNITED STATES OR CANADA INCLUDING QUEBEC, YOU DO SO AT YOUR OWN RISK. YOU REPRESENT THAT YOU ARE AT LEAST THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION. IF YOU ARE USING OUR SERVICES ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS, IN WHICH CASE “YOU” OR “YOUR” WILL REFER TO SUCH ORGANIZATION. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS OR USE OUR WEBSITE OR THE SERVICES.
These Terms are effective on the earlier of the date (a) you click to accept these Terms, or (b) you first access our website, sign up for an account, or submit your application for a job posting on our on our website. You acknowledge https://workatkoa.com/privacy-policy outlining KOA’s privacy practices in connection with workatkoa.com (the “Privacy Policy”), as revised from time to time.
1. Limited License.
KOA grants you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to access and use our website, the Services, and the content that KOA makes available to you on our website, including marketing, materials, text, audio, video, photographs, maps, illustrations, graphics, the Marks (as hereinafter defined) and other media ("Content"), in each case subject to and conditional on your continued compliance with the terms and conditions of these Terms. All Content available through our website is owned by KOA, KOA franchisees or KOA’s third-party providers. All Content is provided for informational purposes only, and you are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for your use of any Content. As a prospective applicant, these Terms permit you to use our website for your persona, non-commercial purpose of seeking job opportunities with KOA franchisees. For greater certainty, KOA, in its sole discretion, may terminate or suspend your license to use our website and/or some or all of the Services or Content at any time, for any reason or no reason, with or without notice to you, and without any liability to you or any other person. If KOA terminates or suspends your license to use the some or all of the Services or Content, these Terms will nevertheless continue to apply in respect of your use of the Services and Content prior to such termination or suspension.
2. KOA is a Facilitatory and Disclaimer.
You acknowledge and agree that KOA is acting only as an intermediary for the parties, and while the Services facilitate engagement between prospective applicants and franchisees, KOA is not a party to any interactions between any prospective applicant and a franchisee. KOA does and will not serve as an agent for user, and expressly rejects any delegation to KOA of any decision-making authority for or from any user. KOA does not warrant that it controls, authenticates or reviews or make any other decisions related to any job postings, any job details, or the credentials or expertise of any prospective applicant, nor does KOA assume any responsibility for the accuracy, reliability or completeness of any information provided by any users. You further acknowledge and agree that KOA does not guarantee employment, minimum hours, or job placement for any prospective applicant. Franchisees retain control over their job availability, staffing assignments, and hiring and recruitment decisions. Franchisees are solely responsible for their internal operations, workplace safety, and compliance with applicable laws. Franchisees and prospective applicants may engage other staffing agencies or job platforms. Franchisees alone choose which interested prospective applicant(s) to engage, and KOA does not guarantee any particular level of qualification or standing of prospective applicants and franchisees, nor suitability or compatibility between prospective applicants and franchisees. There is no exclusivity or non-compete requirement unless specifically agreed in writing between prospective applicants and franchisees. In the event you have a dispute with any prospective applicant or franchisee, as the case may be, you agree to address such dispute directly with the other party. Accordingly, you release KOA and its other franchisees, directors, agents, investors, subsidiaries and employees from any and all claims, demands, lawsuits, proceedings or damages (direct, indirect, or otherwise) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such dispute, except to the extent such dispute was caused directly by the gross negligence or willful misconduct of KOA.
3. Use of Website.
By accessing or using the website and the Services, you agree to comply with all applicable laws, rules and regulations (including, but not limited to, all applicable healthcare, licensing, and workplace safety laws, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws and constitutes a breach of this Agreement. You must maintain professional behavior at all times, respect privacy and confidentiality, including when handling prospective applicant information, and refrain from discrimination, harassment, or unsafe and unethical practices. If you have reason to believe that another person is using the website in a way that is harmful to you (e.g., to impersonate or imitate you, or to stalk, bully, threaten, intimidate or otherwise harass you), we urge you to contact your local authorities, or appropriate municipal, provincial, state or federal agencies. We have the right, but not the obligation, to delete any communications, content or other materials on this website at any time without notice or liability to you.
4. Terms for Prospective Applicants.
4.1 Using the Website as a Prospective Applicant.
KOA has no control over franchisee job postings or their content, or any third-party conditions after a prospective applicant applies or leaves the website. KOA cannot guarantee, and disclaims all liability for, any content submitted by any franchisee or other user, including the accuracy, completeness, legality, reliability, legitimacy, truthfulness, or availability of such content.
You understand and agree that KOA has no obligation to screen any job postings, or to include any job postings, in its search results or other listings, and may exclude or remove any job postings from the website or your search result without any obligation to provide reasoning for removal or exclusion.
KOA offers tools to help you find jobs, such as search filters by job type (full-time, part-time, seasonal), which KOA creates and may not perfectly reflect job posting content. KOA might auto-apply search filters based on your profile or activity, but you can disable this. KOA may reformat job postings for mobile viewing.
A franchisee may offer estimated salary in its job postings for informational purposes only. This data, is approximate and subject to change or varying accuracy. Always confirm actual salary figures and job details with the franchisee.
Job matches are recommendations which may be presented to both you as a prospective applicant and to franchisees in various formats on the website. The purpose of presenting matches is to allow you and other prospective applicants to make their own decisions regarding job opportunities. To generate matches, KOA uses data collected through the website from both franchisees and prospective applicants. This may include job postings, information you submit through your profile, information from your resume(s) or other application materials you submit (including responses to screener questions), and your activity on the website (such as searches you run and job postings you click on and apply to).
KOA may automatically send you recommended jobs via the email address you use to apply to a job or the email that is associated with your KOA account. If you do not want to receive alerts for jobs that KOA recommends to you, you can turn off ‘recommended jobs’ in your communications settings within your KOA account. Receiving ‘recommended jobs’ emails does not affect whether franchisees can find your profile on the website. You can change your privacy settings under your account, or through other means further set out in our Privacy Policy.
4.2 Building Your Profile.
By creating or adding information to a profile through your account on the website or uploading a file on the website through your account (collectively, a “Profile”), you authorize KOA to make it available to franchisees that you submit job applications to. Your Profile includes any information you provide on the website in the “Profile” section of your account, including any uploaded files you upload, and any other information that you choose to provide on the website. KOA does not add information about you from third-party sources to your Profile without your permission. You are responsible for keeping Your Profile accurate and up-to-date.
By providing your phone number in your Profile or by including it in materials sent to franchisees, you agree that this phone number may be shared with franchisees or franchisees may be provided the ability to contact you through the website.
You are solely responsible for the accuracy and content of your Profile and resume. Do not include sensitive information you do not want to be made public, such as financial details, social security numbers, or confidential health information. If KOA finds sensitive data, we may hide it, but we cannot guarantee it will not be shown.
4.3 Applying to Jobs.
When you apply to a job posting through the website, you authorize KOA to transmit your application and any related information to the relevant franchisee via automated processing. Before submitting your application, you can and should review all information, including attached files, to ensure accuracy and completeness for your desired job application. You are solely responsible for your application’s content. KOA may reformat applications or messages and may add attribution information to them (for example, in a file name or footer) so that franchisees know they originated from the website. You acknowledge that franchisees may also use tools, including artificial intelligence and machine learning models, to process, sort, and analyze applicant materials. The function of these tools may include generating summaries, translations, and other information, which Franchisees can use or discard as part of their decision-making process.
KOA does not control franchisees or their application processes, including their application review processes. Franchisees, and not KOA, decide which qualifications are relevant for which job, who is qualified for a job (or not), and who moves forward (or does not) in the process. Once your information is shared, the franchisee’s use of that information is governed by their policies. Any request to delete or modify your data must be made directly to the franchisee. If you require alternative methods for applying, you must approach the franchisee directly to request such alternative method, as KOA is not responsible for the franchisee application process. KOA is not responsible for franchisee-provided content or franchisee messages. KOA does not select franchisee questions or qualification criteria. Franchisees are solely responsible for compliance with all applicable laws, including anti-discrimination and data protection laws.
KOA does not guarantee that your application will be delivered, received, or acted upon, or that you will receive a response or an interview. Job postings may expire before your application is submitted. KOA relies on franchisees or their representatives (such as their legal agents) for accurate application destinations and cannot verify provided contact information. Incorrect electronic destinations will prevent delivery. KOA does not guarantee error-free integrations or interfaces, but may alert you to issues.
4.4 Your Data.
KOA may provide options for you to provide proof of your credentials (such as licenses or certifications) via a Third Party Service (“Verification Vendors”). By using this optional service, you instruct and authorize the Verification Vendor to verify your credentials, and the Verification Vendor, KOA, and their authorized agents to pass on verified results, to franchisees upon your request. If a credential cannot be verified, KOA will not share the results with the franchisee; instead, the results will be provided only to you, and you will have the opportunity to provide additional information or request a correction from the Verification Vendor. You will also receive a copy of any verification results at no charge to you. This service is provided for your convenience but may not be available in your jurisdiction. You may instead choose to manually provide credential information to franchisees. KOA simply passes on verified credentials and uploaded results and does not guarantee their accuracy, currency, or completeness. KOA expressly disclaims any and all liability or damages for any errors in verification results or for a franchisee’s reliance on them.
Franchisees may ask applicants to voluntarily self-identify certain demographic information such as race, ethnicity, sex, disability or veteran status along with their job applications. Some franchisees are required by law to ask these questions and you may see these questions when applying to jobs on the website. If you have questions or concerns about a franchisee’s application materials, please contact the franchisee directly or refer to their privacy policy. KOA is not responsible for the content of these franchisee-asked voluntary self-identification questions. KOA may give you the option to share your answers to franchisees’ self-identification questions with KOA for evaluation and improvement of our services and/or to assist with pre-filling future applications.
You agree that any data contained in or associated with your Profile may be used to suggest jobs to you. You also agree that KOA may contact you based on this observed behavior or provided info on behalf of franchisees or KOA itself. When you make changes to your Profile, including updating, deleting, or changing settings, it may take a few days for the changes to be reflected.
4.5 Virtual Communications
Franchisees may offer you virtual remote communications via the website or your Profile. KOA is not a telecommunications provider but facilitates communication through Third Party Services, which may experience technical delays or malfunctions. KOA does not guarantee the virtual interview experience, including transmission, audio/visual quality, data security, usage, or restrictions, and is not liable for claims arising from their use. KOA does not guarantee franchisee schedules or availability for virtual interviews, nor the validity of provided contact information. Franchisees are responsible for all questions, comments, hiring decisions, and accommodations during virtual interviews. Virtual interviews may be recorded by franchisees or pre-recorded by you. You agree to respect recording notifications. If you do not consent to recording, you must exit the virtual interview. By using virtual interviews, you agree to recording, and that KOA and third parties can store, access, and analyze recordings. Franchisees can also access, store, use, analyze, and share recordings, which is outside KOA’s control. KOA is not liable for claims arising from virtual interview recordings. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT KOA OFFERS NO PROTECTION, AND IS NOT RESPONSIBLE FOR SECURING OR PROTECTING, ANY INFORMATION OR DATA YOU SHARE OR TRANSMIT DURING VIRTUAL INTERVIEWS (INCLUDING AUDIO/VISUAL CONTENT, INTERVIEW QUESTIONS/ANSWERS, OR YOUR IMAGE/LIKENESS). KOA ASSUMES NO LIABILITY FOR THE MISUSE OF SUCH DATA, NOR RESPONSIBILITY FOR THE AVAILABILITY OR RETENTION OF ANY INTERVIEW RECORDINGS. YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN RISK.
KOA may contact you with suggested job postings depending on your job search activity or other activity of yours on the website. You may opt out (or opt back in) to receiving these suggestions through your Profile.
KOA may send you push notifications for job posting updates, application updates or other information relating to your use of the Services. To turn off push notifications, adjust your browser or mobile device settings.
5. Terms for Franchisees.
5.1 Franchisee Accounts
As a franchisee, you are solely responsible for your account, your use of the website and any tools offered therein, your decisions regarding job descriptions, job requirements, any and all content of your job posting(s) and screener questions, whom you interview or hire, and compliance with applicable laws, including relevant federal, state, provincial and local laws regarding the foregoing and any other aspect of employment. KOA is not responsible and disclaims all liability for any actions taken or not taken based in whole or in part on any information you receive in connection with your use of the website.
When you create an account on behalf of a franchisee, the account belongs to the franchisee, and you acknowledge that any and all information that you provide KOA through the account, such as the actions you take and when you take them, will be visible to the franchisee. As part of this account you may have an individual profile (“Franchisee Profile”). Your Franchisee Profile consists of information you provide on the website in the “Account Settings” and “Franchisee Settings” section of the account. Franchisees may request that KOA disable an account at any time by contacting the Franchisee Help Center. Please note that KOA may be required to preserve business records pertaining to that account to comply with its obligations under law or to establish or exercise its legal rights.
As a franchisee, your account is for business use and not for personal use. You are responsible for all activity on your account, including any postings posted and the management of user access and roles for any user activities of the franchisee on the website. KOA is not responsible for and disclaims all liability if your account credentials are used improperly or falsely by a third party. KOA may notify prospective applicants if your Franchisee Profile is compromised, but does not guarantee notice delivery or accuracy and bears no responsibility or liability for such communications.
If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to discard such email. Attempting to send such an email is a violation of our terms.
By registering for an KOA account, you agree to receive mandatory email updates regarding account activity to your KOA account.
5.2 Posting Jobs
- You are solely responsible for all content you post, including job postings, screener questions, and franchisee information pages. You must ensure your content is accurate, non-discriminatory, and complies with all applicable laws, including wage and hour, anti-discrimination, and data privacy laws. You are also responsible for offering alternative methods of screening and for providing reasonable accommodations for individuals with disabilities, if required by applicable laws. Where required by law, you must clearly indicate that reasonable accommodations are available, provide contact information for prospective applicants requesting ADA-related accommodations when prompted on the website, engage with and respond to any requests for accommodation, and provide information about how to request an accommodation to prospective applicants. If you close or change any job postings that you post, you agree to promptly update such job postings on the website or otherwise notify KOA.
5.3 Virtual Communication
You may be offered tools for virtual interviews or other communications. These services may include scheduling, conferencing, and other collaborative tools from Third Party Services. KOA is not a telecommunications provider and does not guarantee service availability, quality, or interview times. KOA also does not verify prospective applicant identities or qualifications. KOA is not a party to your virtual interviews and is not a participant in any arrangements you make with prospective applicants. While KOA may allow you to signal availability for live virtual interviews in job postings, this does not guarantee applications or interview availability. Upon your request, KOA may invite additional company representatives to join virtual interviews using email addresses you provide. You are responsible for the accuracy of this contact information and for the conduct of your representatives. By extending invitations, you are binding them to these Terms, and you represent that you have the authority to do so. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT KOA OFFERS NO PROTECTION, AND IS NOT RESPONSIBLE FOR SECURING OR PROTECTING, ANY INFORMATION OR DATA YOU SHARE OR TRANSMIT DURING VIRTUAL INTERVIEWS (INCLUDING AUDIO/VISUAL CONTENT, INTERVIEW QUESTIONS/ANSWERS, OR YOUR IMAGE/LIKENESS). KOA ASSUMES NO LIABILITY FOR THE MISUSE OF SUCH DATA, NOR RESPONSIBILITY FOR THE AVAILABILITY OR RETENTION OF ANY INTERVIEW RECORDINGS. YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN RISK.
You are responsible for providing any necessary accommodations to prospective applicants as required by applicable laws. For example, if a sign language interpreter is requested, it is your responsibility to provide one if you are legally obligated to.
You shall only use the recordings and other information obtained through virtual communications for your internal hiring purposes. You agree that the interview questions are part of your application process and determined solely by you. KOA reserves the right to not submit a candidate’s response if a candidate or franchisee uses the tool in an abusive manner, which shall be determined in KOA’s sole discretion. The content of the interview questions, as well as the content of any video recordings, transcripts and any other information that you or a prospective applicant sends through the website are considered content of the prospective applicant.
You shall not record any communication with a prospective applicant without securing all necessary consents from all participants, in compliance with all applicable laws. By enabling any recording feature on the website, you represent and warrant that you have obtained such consent and will comply with all applicable laws, including state, provincial and federal law regarding consent to record interviews and phone calls.
You agree that any recordings made through the website may be stored and accessed by KOA and its vendors.
We may retain recordings in accordance with our Document Retention Policy, after which they will be permanently deleted. However, you agree that KOA is not obligated to store or retain any recording of a virtual interview.
YOU AGREE TO DEFEND AND INDEMNIFY KOA AND HOLD KOA HARMLESS FOR ANY AND ALL LOSSES, CLAIMS (INCLUDING THIRD PARTY AND DIRECT CLAIMS), ACTIONS, SUITS, DEMANDS, DAMAGES, JUDGMENTS, SETTLEMENTS, LIABILITIES, AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS) ARISING OUT OF OR RELATED TO THE RECORDING OF VIRTUAL COMMUNICATIONS, INCLUDING INTERVIEWS.
If you post a job posting directly on KOA, applications go to your KOA franchisee dashboard; other notifications are a courtesy. For instance, you may not receive application email notifications if a prospective applicant incorrectly answers screener questions, but these applications will still be on your dashboard.
6. Restrictions.
You will not, and will not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Content (except as permitted under these Terms) or otherwise violate local or worldwide copyright laws in your use of our website and Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any Content; or (c) use, alter, obscure or remove any copyright, trademark, or any other notices that are provided on or in connection with any Content. KOA has not verified the accuracy of, and will not be responsible for any errors or omissions in, any Content provided by third parties through our website, and KOA cannot accordingly confirm or guarantee the suitability of franchisee and prospective applicant matches. You are granted no licenses or rights in or to any Content except as expressly set out in these Terms.
7. Account, Passwords, and Security.
Certain areas of the website require registration or otherwise ask you to provide information to participate in certain features or access certain Services. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the website. If the website requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as required by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. KOA is not liable for any loss that you may incur as a result of someone else falsifying their information as required by the applicable registration form. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Sharing or transferring accounts is prohibited. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify KOA immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the website. KOA is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.
8. Fraud.
By creating an account, you confirm that the information provided is true and that you agree to abide by these Terms. Your account can be cancelled without notice if KOA determines, in its sole discretion, that false or misleading information has been provided, these Terms have been violated, or other abuses have occurred.
9. Trademarks.
Certain names, graphics, logos, icons, designs, words, titles and phrases on our website, including “Kampgrounds of America” and “KOA”, may constitute trademarks, trade-names, trade dress and/or associated products and services of KOA, its affiliates, or its franchisees (the “Marks”), and are protected in the United States, Canada and internationally and their display on our website does not convey or create any license or other rights in the Marks. Any use of any of the Marks, in whole or in part without prior written authorization of KOA or such third party is strictly prohibited. Other trademarks, trade names, trade dress and associated products and services mentioned on our website, or through the Services, may be the trademarks of their respective owners. The display of these trademarks, trade names, trade dress and associated products and services on our website does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.
10. Unacceptable Use.
You will not (a) make our website, or the Services or the Content available to, or use our website, or the Services or the Content for the benefit of, anyone other than yourself, (b) sell, resell, license, sublicense, distribute, make available, rent or lease our website, the Services or the Content, or include our website, the Services or the Content in a service bureau or outsourcing offering, (c) use our website or the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights, including intellectual property rights and privacy rights, (d) use our website or the Services to send spam, or to store or transmit any virus, Trojan horse, worm, or other software, script or code, the effect of which is to permit unauthorized access to, or to alter, disable, encrypt, erase, or otherwise harm, any computer, systems, software or data (“Malicious Code”), (e) interfere with or disrupt the integrity or performance of our website or the Services, (f) attempt to gain unauthorized access to our website, the Services or the Content or their related systems or networks, (g) access or use any KOA intellectual property except as permitted under these Terms, (h) copy or make derivative works from all or any part of our website, the Services or the Content or any part, feature, function or user interface of our website, unless otherwise permitted under these Terms, (i) frame or mirror any part of our website, the Services or the Content, or otherwise incorporate any portion of our website, the Services or the Content into any product or service, (j) access or use our website, the Services or the Content in order to build a competitive product or service or to benchmark with a non-KOA product or service, (k) reverse engineer our website, the Services, or any software used to provide them (to the extent such restriction is permitted by applicable laws), (l) access or use any part of our website, the Services or the Content that is (expressly or implicitly) not intended for use by you, (m) use any non-KOA automation code in relation our website, the Services or the Content (including any “bot” or “spider”), (n) collect or harvest any information from our website, the Services or the Content in a bulk or systematic way, (o) remove, alter, or obscure any proprietary notices on our website, the Services or the Content, (p) probe, scan, or test the vulnerability of our website or the Services or any network connected to them, or breach the security or authentication measures on them or on any network connected to them, (q) collect, harvest, reverse look-up, trace, or otherwise seek to obtain any information on any other user of or visitor to our website or the Services, (r) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our website or the Services or any systems or networks connected to them, or (s) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message you send to KOA or any other person on or through our website or the Services.
11. Mobile Device Data Charges.
You are solely responsible for any data and wireless charges and similar fees associated with your use of our website or the Services through a mobile device.
12. Reservation of KOA Rights.
KOA has and will retain all right, title and interest in and to our website, the Services and Content and the software and systems used to provide them (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights), and all copies, modifications and derivative works of any of them. Franchisees retain all right, title and interest in and to the content of their job postings, and prospective applicants retain all right title and interest in and to the content of their applications or any job-related documents uploaded to the website for use with the Services. Notwithstanding the foregoing, by posting or uploading any job posting, Profile information, application, resume, or other materials to our website, you grant KOA a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to host, store, use, reproduce, modify, reformat, publish and distribute such materials solely for the purposes of operating, providing and improving our website and the Services, including making such materials available to the relevant franchisees or prospective applicants as contemplated by these Terms. You acknowledge that you are obtaining only a limited right to access and use our website and the Services. No rights are granted to you under these Terms other than as expressly set forth in these Terms.
13. License to Use Your Feedback.
Where applicable, you grant to KOA and its affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) license to use and incorporate into its services any suggestion, enhancement request, recommendation, correction or other feedback provided by you.
14. Non-Identifiable Information.
Any non-identifiable information gathered by us through your use of our website and the Services may be used by us for our own marketing, promotional and product development purposes and more specifically may be stored in a database and used by us to identify, customize and personalize user access, and assess utilization of our website and the Service. Such information may be shared with our affiliates, suppliers, licensors, partners and clients in furtherance of the forgoing purposes, but shall in no way identify any specific franchisee, prospective applicant or identifiable individual.
15. Third Party Services.
Our website and the Services may allow you to access and use services provided by third parties, including when conducting transactions on our website or using a third-party electronic wallet service (“Third Party Services”). You are responsible for all fees and taxes that may be charged for the use of Third Party Services. You use any Third Party Services at your own risk. KOA makes no representations or warranties with respect to, nor does it guarantee or endorse, any Third Party Services. KOA does not guarantee the continued availability of Third Party Services, and KOA may disable a Third Party Service in KOA’s sole discretion. Your dealings with the provider of any Third Party Services are solely between you and the provider of the Third Party Services. Accordingly, KOA expressly disclaims responsibility and liability for all Third Party Services, and you agree that KOA shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of your use of Third Party Services. If you have any issues with a Third Party Service, you must contact the provider of the Third Party Service directly.
16. Links to Other Sites.
Our website, Services or Content may provide links that redirect users to external third party websites. These sites have not necessarily been reviewed by KOA and are maintained by third parties over which KOA exercises no control. Accordingly, KOA expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply any endorsement with respect to any third party or any website or the products or services provided by any third party.
17. Content, Functionality and Access.
KOA may at any time, with or without notice, without liability, and for any reason (a) remove any Content from our website or the Services, (b) remove any functionality from our website or the Services, (c) change any functionality on our website or the Service, (d) modify our website, and (e) deny any person access to our website or the Services. KOA furthermore reserves the right to take any action related to our website, the Services or to Content that is required to comply with applicable law.
18. Disclaimer of Warranties.
OUR WEBSITE, THE SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOUR USE OF OUR WEBSITE, THE SERVICES AND THE CONTENT IS AT YOUR OWN RISK. KOA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, COVENANTS AND CONDITIONS (EXPRESS, IMPLIED OR STATUTORY) IN CONNECTION WITH OUR WEBSITE, THE SERVICES AND THE CONTENT, INCLUDING ANY WARRANTIES, REPRESENTATIONS, COVENANTS, CONDITIONS, OR OTHER TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, AND NON-INFRINGEMENT. KOA MAKES NO REPRESENTATION OR WARRANTY OR ANY OTHER TERM THAT OUR WEBSITE, THE SERVICES OR THE CONTENT WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, OR THAT OUR WEBSITE, THE SERVICES AND THE CONTENT WILL BE SECURE, OR THAT OUR WEBSITE OR ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM OUR WEBSITE, THE SERVICES OR THE CONTENT, WILL BE FREE OF MALICIOUS CODE. KOA IS NOT RESPONSIBLE FOR THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM OUR WEBSITE OR THE SERVICES. KOA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY THIRD PARTY WEBSITES OR RELATED CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN OUR WEBSITE, THE SERVICES OR CONTENT, NOR ANY REPRESENTATIONS OR WARRANTIES ABOUT CONTENT UPLOADED ONTO OUR WEBSITE BY FRANCHISEES AND PROSPECTIVE APPLICANTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE, THE SERVICES AND THE CONTENT IS TO STOP USING THEM.
19. Limitation of Liability.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF KOA (AND KOA’S DIRECTORS, FRANCHISEERS, EMPLOYEES, PARTNERS, SUPPLIERS AND AGENTS, AND THE PROVIDERS OF CHANNELS, THIRD PARTY SERVICES AND THIRD PARTY CONTENT, AND THE SUPPLIERS OF PRODUCTS) FOR ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) (COLLECTIVELY “LOSSES”) TO YOU RELATED TO OUR WEBSITE, THE SERVICES OR THE CONTENT, OR THESE TERMS, EXCEED TWO HUNDRED AMERICAN DOLLARS (200.00 USD).
20. No Claim for Certain Damages.
IN NO EVENT WILL KOA (OR KOA’S DIRECTORS, FRANCHISEERS, EMPLOYEES, PARTNERS, SUPPLIERS OR AGENTS, OR THE PROVIDERS THIRD PARTY SERVICES AND THIRD PARTY CONTENT, AND THE SUPPLIERS OF PRODUCTS) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES, OR FOR ANY LOSS OF REVENUE, SAVINGS, INCOME, BUSINESS, PROFIT, GOODWILL OR REPUTATION WHATSOEVER BASED ON ANY LEGAL THEORY (INCLUDING TORT OR NEGLIGENCE), AND EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
21. Some Disclaimers, Exclusions or Limitations May Not Apply.
In some circumstances, applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages. Solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
22. Indemnity.
You will indemnify and hold KOA (and KOA’s directors, franchisees, employees, partners, suppliers and agents) harmless from all Losses arising from your use of our website, or the Services or the Content, or your breach of any of these Terms. KOA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with KOA in asserting any available defenses.
23. Copyright Infringement.
KOA takes claims of copyright infringement seriously and it is KOA’s policy to disable and/or terminate the accounts of users who are repeat infringers. KOA will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content, job posting, Profile, or other material accessible on our website infringes your copyright, you may request removal of such material by submitting written notification to KOA’s designated copyright agent below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notice of alleged copyright infringement must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed, or, if the claim involves multiple works, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate it; (d) adequate information by which we can contact you, including your name, postal address, telephone number and, if available, email address; (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (f) a statement that the information in your notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
KOA’s designated agent to receive notices of alleged copyright infringement is: Christopher B. Hadley, General Counsel, at Legal@koa.net. This contact information is for inquiries regarding potential copyright infringement only. If you fail to comply with all of the requirements above, your notice may not be effective. Please be aware that if you knowingly materially misrepresent that material on our website is infringing your copyright, you may be held liable for damages, including costs and attorneys' fees, under Section 512(f) of the DMCA.
24. Failure to Comply.
If you fail to comply with these Terms, then, without limiting any other right or remedy available to KOA, KOA may suspend or terminate your license to use all or any part of our website, or the Services or the Content.
25. Export Controls.
These Terms are expressly made subject to any laws, regulations, orders or other restrictions on export from the United States of America (U.S.) or Canada of our website, or the Services or the Content, or any information about any of them, which may be imposed from time to time by the governments of the U.S. or Canada. You shall not export our website, or the Services or the Content, or any information about any of them without the prior written consent of KOA and compliance with such laws, regulations, orders and other restrictions. You represent and warrant that (a) you are not located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country, and (b) you are not listed on any U.S. or Canadian government list of prohibited or restricted parties.
26. Amendments.
The “last updated” legend above indicates when these Terms were last amended. KOA may unilaterally amend all or any part of these Terms at any time by updating these Terms on our website. We will provide you with notice of the proposed amendments by posting an amended version of these Terms with a new version date. We will include a link to the previous version of the Terms beneath the new version date. The amendments will take effect thirty (30) days after the date on which the amended version is posted. Prior to that date, the previous version of the Terms will continue to apply. If you disagree with any amendments, you may refuse the amendments and cease using our website, the Services and the Content within the 30-day notice period. There will be no cost or penalty for doing so. If you continue to access or use our website, or the Services or the Content after the 30-day period, you thereby agree to the amended Terms. You agree to review these Terms regularly to determine your rights and responsibilities.
27. Governing Law & Jurisdiction.
These Terms, and any dispute, controversy or claim arising under, out of, in connection with, or related to (a) our website, or the Services or the Content, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, shall be governed by and interpreted according to the laws of the federal laws of the United States and the laws of the State of Montana if related to usage in the United States and according to the federal laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, both without regard to any conflicts of law rules that might apply the laws of any other jurisdiction. You and KOA each attorn to the exclusive jurisdiction of the courts of Montana or Ontario in respect of any such dispute, controversy or claim, except that, notwithstanding the foregoing, (a) you agree that KOA shall be entitled to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and (b) you agree that KOA shall be entitled to seek and be awarded an order from a court of competent jurisdiction anywhere in the world for the purpose of recognizing and enforcing any interim or final judgement, order, injunction, award or other relief granted or provided by the courts of Montana or Ontario, and you hereby waive any defense you might then have to the granting of such an order.
28. Injunction.
You acknowledge that any breach, threatened or actual, of these Terms will cause irreparable harm to KOA, such harm would not be quantifiable in monetary damages, and KOA would not have an adequate remedy at law. You agree that KOA shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that KOA post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to KOA to enforce any provision of these Terms.
29. Class Action Waiver.
Any proceedings to resolve or litigate any dispute, controversy or claim arising under, out of, in connection with, or related to (a) our website, the Services, and the Content, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, will be conducted solely on an individual basis. Neither you nor KOA will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.
30. Survival.
All provisions of these Terms which by their nature should survive termination or expiration of your access to our website, the Services or the Content will survive, including, without limitation, the sections titled “Reservation of KOA Rights,” “License to Use Your Feedback,” “Disclaimer of Warranties,” “Limitation of Liability,” “No Claim for Certain Damages,” “Some Disclaimers, Exclusions or Limitations May Not Apply,” “Indemnity,” “Copyright Infringement,” “Governing Law & Jurisdiction,” “Injunction,” and “Class Action Waiver.”
31. General.
If any provision of these Terms is unlawful, void, or unenforceable, then that provision shall be deemed severed from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions. All rights and remedies of KOA granted or recognized in these Terms are cumulative, are in addition to and not in substitution for any rights or remedies at law and may be exercised at any time and from time to time independently or in any combination. In these Terms (a) references to currency are to the lawful money of the United States or Canada as applicable, (b) “person” includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies and all other organizations and entities recognized by law, and (c) “including” (and similar variations) means including without limitation. These Terms, together with any additional service terms presented on our website (“Additional Service Terms”) represent the entire agreement between you and KOA with respect to use of our website, the Services, and the Content, and they supersede all prior or contemporaneous terms, agreements, communications and proposals, whether electronic, oral, or written between you and KOA with respect to any of the foregoing. Failure by KOA to insist on strict performance of any of the terms or conditions of these Terms or any Additional Service Terms will not operate as a waiver by KOA of that or any subsequent default or failure of performance. KOA’s affiliates, KOA’s directors, franchisees, employees, partners, suppliers, and agents are third party beneficiaries of the sections titled “Disclaimer of Warranties”, “Limitation of Liability”, “No Claim for Certain Damages” and “Indemnity”. There are no other third-party beneficiaries of these Terms. You may not assign these Terms without the prior written consent of KOA. KOA may assign these Terms without restriction. These Terms will inure to the benefit of and will be binding on you and KOA and your and its respective successors and permitted assigns.