Effective as of April 13, 2017
If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization, and representing that you have the authority to bind the organization to these Terms. In that case "you" or "your" will refer to that organization. You may use the Service only in accordance with these Terms, and only if you have the legal power to form a contract with the Company. If you do not agree to these Terms, you may not use or access the Service.
You and your respective affiliates, directors, officers, employees, authorized representatives, agents and advisors (including without limitation, attorneys, accountants, consultants, bankers and financial advisors) shall keep confidential all information concerning our proprietary techniques, technologies, business procedures, products, services, operations, marketing materials, fees, policies or plans of ours that is received or obtained during the use of the Service or the negotiation or performance of these Terms, whether such information is oral or written, and whether or not labeled as confidential (collectively “Confidential Information”).
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You must be at least 18 years of age and a resident of the United States to register for and use the Service.
If you sign up for the Service, we will create a personalized account for you which may include personal information.
THIRD-PARTY SERVICES AND DATA
In order to access some features of the Service, you may need to provide an API key or other credentials to access third party services or accounts such as “Applicant Tracking Systems”. By providing such credentials, you give us permission to access your data stored with that third party, and to make changes permitted by the use of those credentials for the purpose of providing you the Service.
USE OF DATA
Job and candidate data accessed from third parties may include sensitive information like candidate names or contact information. We will not use this data for sales or marketing purposes. We will not share it with third parties for their sales or marketing purposes.
You agree to keep your password for the Service safe and to notify us immediately of any unauthorized use of your password and/or account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, API key, password and/or account.
You shall pay all fees for the Service as specified in the Service web site or an applicable order form. Payment is due within thirty days of delivery to you of an applicable invoice. Obligations are non-cancellable and fees are non-refundable. Our fees do not include any taxes, duties, or similar governmental assessments. You are responsible for paying any such assessments attributable to your purchase of the Service.
You hereby grant to us a royalty-free, non-exclusive, license during the Term to use your trade names, domain names, trademarks, service marks, logos and other distinctive brand features of a party your trademarks, service marks or trade names (collectively, “Marks”) in order to provide the Service, or for marketing and publicity purposes.
Your permission to use the Site is conditioned upon the following use restrictions and conduct restrictions: You agree that you will not under any circumstances:
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the Service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Service;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
POSTING AND CONDUCT RESTRICTIONS.
When you create an account, you may be able to provide content (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. We, however, reserves the right to remove any User Content from the Service at its discretion.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, distribute, or publish such User Content.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under the Terms.
All notices, requests, claims, demands, and other communications (collectively, “Notice”) under these Terms shall be in writing and shall be given by electronic mail (e-mail) to the respective party at the following e-mail address set forth below or at such other e-mail address as such party may hereafter notify the other party in accordance with this section. Each such Notice will be effective when actually received by the respective party at the e-mail address specified below:
To you, at the address you have provided to us.
To us, at firstname.lastname@example.org
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address, to send you other messages, including information about the Company and special offers.
THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU. YOU AGREE TO HOLD COMPANY HARMLESS FOR ANY LOSS, UNAUTHORIZED ACCESS, OR DAMAGES ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
We can amend these Terms at any time and will update these Terms in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Terms. If you continue to use the Site or the Service, you signify your agreement to our revisions to these Terms. However, we will notify you of material chances to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via oral, telephonic, or email communications shall be valid.
TERMThese Terms will become effective as of the date of your acceptance or when you begin using the Service, whichver is earlier. They shall remain effective unless and until either party terminates these Terms, upon 30 days’ written notice with or without cause (the “Term”). The termination of these Terms shall not terminate those obligations that are expressly indicated to survive termination.
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of the Terms will not be considered a waiver of our right to enforce such provision. Our rights under the Terms will survive any termination of the Terms.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Colorado without regard to conflict of law provisions.
The Company may elect to resolve any claim or dispute arising under or relating to these Terms by binding arbitration taking place in Boulder, Colorado or another location mutually agreeable to the parties.