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Terms of Use and Privacy Policy

Welcome to Arkansas LAUNCH for Employers.

We are taking every precaution, including making our best efforts to comply with all relevant state and federal laws and regulations related to privacy, to ensure that your information is as secure as possible.

By visiting and using this website, its subpages, and content (collectively known as this website), you are agreeing to the Terms of Use and Privacy Policy.

These Terms of Use (these “Terms”) are posted by the Arkansas Department of Transformation and Shared Services (“ADTSS” “we,” “us,” or “our”) and govern your use of LAUNCH for Employers (the “Portal”).

The Portal and Launch for Employers may be referred to collectively as the “Services.”

ADTSS may utilize partners, contractors, or licensors in provision of the Services and may be referred to collectively as “ADTSS Parties.”

These Terms also include any other disclosures or disclaimers related to the Services which are presented to you in the Portal or in conjunction with the Services.

The purpose of the Portal is to provide employers (“you” or “your”) with access to potential job candidates who have registered with LAUNCH for Jobseekers and/or consenting Unemployment Insurance (UI) claimants.

The Portal should not, however, be used as a substitute for your own internal hiring and vetting processes, including without limitation your further review of a candidate’s qualifications, interviews of a candidate, and background checks. While we aim to help you more efficiently and effectively locate potential candidates, ADTSS is not responsible for the ultimate quality of a candidate or a hired candidate’s eventual job performance.

Please note that the Portal is intended for potential employers only. If you are an individual seeking employment, your use of LAUNCH for Jobseekers is governed separately by the LAUNCH for Jobseekers terms and conditions.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING THE SERVICES. BY ACCESSING, USING, OR PARTICIPATING IN THE SERVICES YOU EXPRESSLY AGREE TO THESE TERMS.

Eligibility

By using this website, you warrant that you are 18 years of age or older and have the legal authority to enter into these Terms of Use as a registered employer in good standing with the Arkansas Secretary of State’s Office.

Ownership and License

We grant you a limited, revocable, non-transferable, non-exclusive license to access and use the Services in accordance with these Terms. Any account you create on the Portal is for your business not your personal use.

You acknowledge and agree that ADTSS and ADTSS Parties maintain all right, title, and interest in and to the Services (and all text, images, trademarks, logos, and other content thereon), and except for the limited license right above. Nothing in these Terms shall be construed as granting you any proprietary or license rights in or to the Services or anything contained therein.

You may use the Services only in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading, or posting of information on or through the Portal, and are responsible for the consequences of such communications.

Your Job Information and Communication with Jobseekers

Job information data and communication may not contain:

  • the names, logos or trademarks of unaffiliated companies;
  • Material or links to material that may be deemed sexually explicit, exploitative, or violent; or
  • Inaccurate, false, or misleading information.

You may not use your Portal account or any data or communication via the Portal to:

  • Seek candidates in a manner that does not comply with applicable state and federal laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
  • Solicit or offer an individual’s eligibility for credit or insurance;
  • Sell, promote or advertise products or services;
  • Post any franchise, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
  • Post any business opportunity that requires any payment from the applicant;
  • Post any business opportunity that pays commission, unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
  • Promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;
  • Advertise sexual services or seek employees for jobs of a sexual nature;
  • Request the use of human body parts or the donation of human parts, including without limitation, reproductive services such as egg donation and surrogacy;
  • Endorse a political party, political agenda, political position or issue;
  • Promote a religion or other philosophical beliefs;
  • Post jobs located in countries subject to economic sanctions of the United States Government; or
  • Except where allowed by applicable law, post jobs which require the applicant to provide information relating to the applicant’s (i) racial or ethnic origin, (ii) political beliefs, (iii) philosophical or religious beliefs, (iv) membership of a trade union, (v) physical or mental health or disability (including pregnancy status), (vi) sexual orientation, or (vii) age.

Other Restrictions

Without limiting the foregoing, you agree you will not:

  • Use spiders, robots, or other automated techniques to catalog, download, store, or otherwise reproduce or distribute data or content available through the Services;
  • Take any action to interfere with the Services;
  • Collect any personal information of any other user of the Services (except for any personal information about potential employees provided to you in connection with the Services);
  • Send or transmit any viruses, corrupted data, or any other harmful, disruptive, or destructive code, file, or information, including without limitation any spyware;
  • Send unsolicited emails, including without limitation promotions or advertising of products or services;
  • Post or transmit any threatening, libelous, defamatory, obscene, lewd, scandalous, or inflammatory material or content or any material or content that could otherwise violate applicable laws;
  • Impersonate any person or entity, misrepresent your affiliation with a person or entity, or in any way forge or mask your true identity;
  • Reverse engineer any aspect of the Services or take any act that might reveal or disclose any source code, or bypass or circumvent measurers or controls utilized to prohibit, restrict or limit access to any webpage, content or code;
  • Engage in any criminal or illegal acts or in any activities that may violate a third party’s privacy or publicity rights; or
  • Encourage and/or advise any individual to commit any act prohibited by these Terms.

Termination of Your Account

Without limiting any of our other rights herein, you specifically acknowledge and agree that, in the event your Portal account becomes compromised, or if ADTSS determines, in its sole and absolute discretion, that you have violated these Terms, are not a legitimate employer, are no longer in good standing with the Arkansas Secretary of State’s Office, or are otherwise using the Portal for improper purposes, we reserve the right to delete your account, remove you from the Portal, and communicate such information to any LAUNCH for Jobseekers users who have previously communicated with you.

Submitted Content

You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages, or other materials submitted, posted, or displayed by you on or through the Portal (“Employer Content”) is your sole responsibility. ADTSS claims no ownership or control over any Employer Content. You agree to not submit, post, or display any information in violation of any third party’s copyrights, trademarks, or other intellectual property or propriety rights. You are responsible for protecting your rights or those acquired from a third-party.

By submitting, posting, or displaying Employer Content on or through the Portal, you grant ADTSS a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute, and publish such Employer Content in connection with LAUNCH for Jobseekers and LAUNCH for Employers.

In addition, by submitting, posting, or displaying Employer Content intended to be available to the public, you grant ADTSS a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute, and publish such Employer Content for the purpose of promoting ADTSS and its services. ADTSS reserves the right to refuse to accept, post, display or transmit any Employer Content in its sole discretion.

You also represent and warrant that you have the right to grant the licenses stated above. If you post Employer Content in any public area of the Portal, you permit other user to access, display, view, store, and reproduce such Employer Content for personal use.

ADTSS may review and remove any Employer Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive, or illegal, or violates the rights, harms, or threatens the safety of other users of LAUNCH for Jobseekers, the Portal, or other ADTSS services.

Security and Confidentiality

In connection with your use of the Services, you may have the opportunity to review or access confidential and proprietary information, materials, products, and content belonging to other users of the Services or belonging to ADTSS and ADTSS Parties (collectively, “Confidential Information”). Confidential Information is and shall remain the sole and exclusive property of its owner. In no event shall you obtain any right, title, or interest in or to any Confidential Information. You agree to protect the confidentiality and secrecy of the Confidential Information. You agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile, or otherwise use, alter, or transfer Confidential Information without the prior express written consent of ADTSS. You acknowledge and agree that Confidential Information may be subject to and protected by intellectual property laws, regulations, and codes.

All communications from you related to the Services, including without limitation content submitted or transmitted by you to ADTSS, by electronic mail, or otherwise, shall be treated as non-confidential and non-proprietary information, unless specifically indicated by you either prior to, or contemporaneously with the submission or transmission of such communications and content.

Using the Services may require the use of a username and password or other form of authentication where appropriate. The confidentiality of the access credentials is your responsibility. You agree to notify ADTSS immediately if unauthorized use of credentials, a breach of confidentiality, or breach of security is known or suspected. The use of another person’s access credentials is expressly prohibited.

You acknowledge that use of the implemented authentication methods is an adequate form of security. ADTSS is not liable for any harm related to the misuse or theft of access credentials, disclosure of access credentials, or your authorization to allow another person or entity to access and use the Services using your access credentials. You will be held liable for any harm ensuing from the use of your account in connection with the Services.

Communication Through the Portal

You acknowledge and agree that you may receive messages or email notifications relating to your use of the Portal. ADTSS disclaims all warranties with regards to the transmission or storage of such notifications, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.

Once a potential candidate has your contact information, you agree that ADTSS is not responsible or liable for the manner in which the candidate uses the information.

If you send or receive communication on or through the Portal, you agree to your communication being processed, analyzed, reviewed, and stored, including via automated means, for ADTSS and ADTSS Parties internal business purposes.

Third-Party Websites

In connection with your use of the Services, you may be able to voluntarily connect to websites maintained or operated by third parties (“Third-Party Websites”). ADTSS does not make any representations or warranties regarding or endorse any third-party website or any products, services, or opportunities advertised, offered, or sold in connection with any third-party website. Please carefully review all policies and terms applicable to the third-party website.

Waiver and Release

The Portal is a venue for employers to match to qualified candidates and invite them to apply for open positions. After an initial introduction, ADTSS is not involved in and does not control the transactions between employers and candidates. ADTSS does not screen or censor the candidates and is not involved in the communications between candidates and potential employers. You are solely responsible for your interactions with others, and you assume all risks associated with using the Services. Though ADTSS strives to encourage a respectful user experience for employers and candidates, it is not responsible for the conduct of any user on or off the Services. You agree to use caution in all interactions with others and report any known or suspected improper use, including fraud, abuse, harassment, or other behavior to ADTSS.

By registering for the Portal or otherwise using the Services, you hereby fully and forever waive, release, acquit, and discharge ADTSS and any other party involved in creating, producing, or delivering the Services, including without limitation any of ADTSS Parties, including their respective managers, officers, directors, employees, and agents, from any and all claims, causes of action, demands, liabilities, damages of any kind, obligations, costs, expenses, and debts, of every kind and nature whatsoever, whether based on statute, tort, contract, common law, or other theory of recovery, which may arise, now or at any time in the future, out of or in connection with your participation in the Services.

DISCLAIMER

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER ADTSS NOR ANY ADTSS PARTY MAKES ANY REPRESENTATIONS: (1) ABOUT THE SUITABILITY OF THE SERVICES FOR ANY PURPOSE; (2) THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (3) THAT THE SERVICES, OR ANY THIRD-PARTY WEBSITES, WILL MEET YOUR REQUIREMENTS; OR (4) THAT THE SERVICES WILL BE TIMELY OR SECURE.

FURTHERMORE, ADTSS AND ADTSS PARTIES DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.

ADTSS AND ADTSS PARTIES DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE QUALITY OF ANY JOB CANDIDATE, THEIR FITNESS FOR WORK OR A PARTICULAR POSITION, THEIR MORAL CHARACTER, OR THEIR PRIOR LEGAL OR WORK HISTORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY AGREE THAT ADTSS AND ADTSS PARTIES SHALL NOT BE LIABLE UNDER ANY NEGLIGENT REFERRAL OR SIMILAR THEORY RELATED TO YOUR HIRE OF A JOB CANDIDATE THROUGH THE PORTAL.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL ADTSS OR ANY ADTSS PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES, OR OTHERWISE FOR ANY DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH: (1) YOUR USE OR THE INABILITY TO USE THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (3) YOUR HIRE OF ANY JOB CANDIDATE, OR ANY OTHER TRANSACTIONS ENTERED INTO, BY VIRTUE OF THE PORTAL; OR (4) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ADTSS WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

THIS LIMITATION OF LIABILITY SHALL APPLY TO ANY AND ALL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PROPERTY DAMAGE, INTELLECTUAL PROPERTY INFRINGEMENT, CONTRACTUAL DISPUTES, AND REGULATORY VIOLATIONS. THIS LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO ALL PARTIES ACTING ON BEHALF OF ADTSS, INCLUDING ITS EMPLOYEES, AGENTS, AND CONTRACTORS.

Adherence to State and Federal Labor Laws

You must adhere to all relevant state and federal laws, including, without limitation, Arkansas child labor laws, which regulate the working conditions and hours for minors. While minors between the ages 14 and 17 may work under certain conditions and limitations, to better understand your rights and obligations, consult with the applicable rules, regulations, and requirements set forth in the Fair Labor Standards Act (FLSA) at https://www.dol.gov/agencies/whd/youthrules and the Arkansas state labor laws at https://www.labor.arkansas.gov/programs/labor-standards/child-labor-laws. We make no representations, warranties, or covenants with respect to decisions you make regarding employment or work. Nothing herein should be construed as an encouragement or endorsement for your employing minors.

Indemnification

You agree to indemnify, defend, and hold harmless ADTSS and all ADTSS Parties, as well as their directors, officers, employees, agents, successors and assigns, from and against all liabilities, losses, damages and costs, expenses including reasonable attorneys’ fees, judgements, and liabilities arising out of or in connection with: (a) your violation of these Terms or applicable laws or regulations; or (b) your negligence, gross negligence, or willful misconduct. This indemnification obligation shall survive the termination of this Agreement.

Governing Law and Venue

These terms shall be governed by and construed in accordance with the laws of the State of Arkansas. Any dispute arising out of or relating to these terms, or access and use of this website shall be decided under the laws of and in the state courts in the State of Arkansas, and you hereby consent to and submit to the personal jurisdiction of such courts for the purpose of adjudicating such dispute.

No Assignment

Neither party may assign their rights or obligations under these Terms without the prior written consent of the other party.

Changes to the Services and these Terms

This website is dynamic and may change over time without notice. We reserve the right, in our sole discretion, to change, suspend, add to, or discontinue any aspect of the Services without notice.

In addition, we reserve the right to modify the Terms of Use and Privacy Policy at any time. We encourage you to review the Terms of Use and Privacy Policy on a regular basis. Your continued use of LAUNCH for Employers following any modifications to the website and the Terms of Use and Privacy Policy constitutes your agreement to such modifications.

Miscellaneous

The headings contained in these Terms are for reference only and shall have no effect on the interpretation or application of these Terms. ADTSS’s failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release, or prevent ADTSS from enforcing any subsequent breach by you of these Terms.

If any provision in the above Terms of Use and Privacy Policy shall be determined to be unlawful, void, or unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from the remaining terms and shall not affect the validity and enforceability of the remaining provisions.

Nothing in this Terms of Use and Privacy Policy shall be construed to waive the Sovereign Immunity of the STATE OF ARKANSAS or any entities thereof.