Terms and Conditions

  1. Client agrees that EYE REPS (“ER”) may collect and use data and related information supplied by client and store it in a secure data base and client grants[“ER”]its agents and employees] the right to submit Client’s name and resume to a potential employers only with the permission of Client.  “ER” understands and agrees that upon (5) days’ notice given to “ER” Client may withdraw from this Agreement without cost, penalty, or liability.  “ER” further agrees and acknowledges Clients right to impose restrictions on the use of Client’s name and resume.
  2. “ER” represents and warrants that the database shall be secure and that Client’s information shall be confidential and shall not be disclosed or made available to any person or entity without the written permission of Client.
  3. Client and “ER” understand and acknowledge that despite all security measures that might be taken to secure electronic databases illegal, unwanted or electronic intrusion  or inadvertent disclosure does and can take place that compromises the security and privacy of the database.
  4. In the event the database is compromised by events described in § 3 Client agrees to hold harmless [“ER”] from any liability for damages or loss as well as incidental or consequential  damages or loss associated with the inadvertent disclosure of Clients confidential information and executes this waiver and release in favor of and for the sole and exclusive benefit  of “ER” and makes the following representation and warranties:
    • CLIENT AGREES THAT HE/SHE/IT DERIVES A MATERIAL BENEFIT FROM ENTERING INTO THIS AGREEMENT AND ACKNOWLEDGES THAT THERE IS A POSSIBILITY THAT CLIENT’S INFORMATION MIGHT BE EXPOSED TO THE PUBLIC BY MEANS OF AN ILLEGAL, UNWANTED OR INADVERTENT ELECTRONIC INTRUSION AND CLIENT ASSUMES ALL RISKS AND DANGERS KNOWN AND UNKNOWN, FORESEEN OR UNFORESEEN ASSOCIATED WITH THE POSSIBILITY OF AN ILLEGAL, UNWANTED ELECTRONIC INTRUSION OR INADVERTENT DISCLOSURE OF CLIENTS CONFIDENTIAL INFORMATION.
    • CLIENT HEREBY RELEASES, FOREVER DISCHARGES AND HOLDS HARMLESS “ER” FROM AND AGAINST ANY ALL CLAIMS (WHETHER SUCH CLAIM IS BASED ON CONTRACT, INVASION OF PRIVACY, NEGLIGENCE, TORT, INCLUDING STRICT LIABILITY OR ANY OTHER THEORY), FOR DAMAGES, LIABILITIES, COSTS AND EXPENSES WHETHER KNOWN OR UNKNOWN.
  5. Client understands that by signing this Agreement, he/she/it covenants and agrees that Client as well as Client’s heirs, executors, administrators, successors and assigns, will never institute any suit or action at law, or otherwise, against “ER”, or in any way aid in the institution or prosecution of any claim, demand, cause of action for damages, costs, loss of services, expenses or compensation for or on account of any damage, loss or injury to Client which may result from Clients participation as a client in the matters covered by this Agreement.
  6. If any provision of this Agreement shall for any reason be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision and this Agreement shall be construed as if such invalid or unenforceable provision were omitted.
  7. This Agreement is legally binding and shall be governed by the laws of the State of California, without regard to State’s rules with respect to choice of law.  Client and “ER” further agree that should either party seek to enforce the provisions of the Agreement the proper court shall be the Superior Court of the State of California, County of San Mateo.
  8. CLIENT HAS CAREFULLY READ THIS AGREEMENT AND FULL UNDERSTANDS ITS CONTENTS AND IS AWARE THAT THIS IS A CONTRACT BETWEEN CLIENT AND “ER” AND A RELEASE OF LIABILITY.