Last Updated: September 18th, 2020
1. Introduction
Welcome! You are entering into this Agreement with Hiring Company, Inc. ("Hiring.co", "We", "Our", or "Us"). When You (individually or the entity that You represent) use Our Services, You are agreeing to the Terms of Service (the “Agreement”) below. By accessing the Services, You agree to be bound by this Agreement, and any additional terms referenced herein, as well as Our Privacy Policy. If You do not agree to this Agreement, our Privacy Policy or any other referenced agreements or documentation, You must not access the Services. In agreeing, You also represent that You have the authority to bind Yourself or the company You represent, and have disclosed all information to Hiring.co as necessary to perform the Services. Capitalized terms are as defined throughout this Agreement.
2. Services
This Agreement applies to www.Hiring.co (the “Hiring.co Site” and/or the “Hiring.co Service”), Hiring.co-branded app (the “App”), and other Hiring.co-related sites, apps, communications and other services that state that they are offered under this Agreement (“Services”). This Agreement applies to all registered users of Our Services (“Users,” or as used herein, “You,” “Your”, “Yourself”), including, but not limited to, Users who are seeking employment and/or contractor opportunities (“Candidates”) and companies interested in hiring or engaging Candidates (“Clients”).
3. Registration and Account Information
In order to use Our Services, You must register for an account. In registering, You agree to provide accurate, current, and complete information about Yourself ("Registration Data") and update it as necessary. If Hiring.co has reason to believe that Your Registration Data is inaccurate, outdated, or incomplete, Hiring.co may suspend or terminate Your account. You agree You will not (a) create an account using a false identity or information that is not your own; (b) have more than one account; or (c) create an account or use the Services if You have been previously removed from the Services. We reserve the right, in Our sole discretion, to accept or reject Your registration to use Our Services, as well as suspend or terminate Your account for any reason, or no reason at all. You are responsible for maintaining the confidentiality of your account and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of account security.
4. Your Responsibilities
You are responsible for Your use of the Services and for any use of the Services made using Your account, including by any third parties. When using Our Services, You agree that You will not (1) copy or distribute any part of the Services, including by way of automated or non-automated "scraping" (2) use any automated systems including "robots" and "spiders" (3) interfere with or compromise Our systems’ integrity or decipher any server transmissions (4) impose any unreasonably large load on Our infrastructure (5) upload viruses or worms to the Service (6) collect or retain any personally identifiable information contained in the Service beyond the permitted use hereunder (7) access the Service by any means other than authorized herein, including virtual private networks which are expressly forbidden (8) stalk, harass, bully or harm others (9) impersonate any person or entity (10) hack, spam, phish, or otherwise provide fraudulent, manipulative, or inflammatory content. Your continued access to Our Services are contingent on Your agreement to act in a professional manner. In the event of a Covered Offer, you will provide Hiring.co with its key terms, including employment start date and compensation, as may be requested by Hiring.co.
5. Third Party Agents
Clients may permit third party agents to use the Service on their behalf (“Third Party Agents”), but will remain fully responsible for their Third Party Agents’ actions and any breach of this Agreement by a Third Party Agent shall be deemed to be a breach by the Client. The Service is to be accessed by Clients and its designated Users only and only for Clients’ internal business purposes, not for resale or unauthorized distribution to any third party.
6. Third Party Services
Hiring.co may provide to You, or provide Your Content to, certain third party services or third party service providers (collectively, "Third Party Service(s)") which may also provide to You links to sites, job postings, email and telephone correspondence and other offers outside of the Hiring.co network. Such Third Party Services are provided "AS IS" without indemnification, support, or warranty of any kind, and this Agreement does not apply to Your use of any such provided Third Party Services. You are responsible for evaluating whether You want to access or use such Third Party Services, and, in certain circumstances where required or applicable, may opt-out from such Third Party Services available outside of the Hiring.co network, or may choose to not utilize such Third Party Services at any time. We reserve the right to suspend Third Party Services at any time. You should review any applicable terms and/or privacy policies of a Third Party Service before using it or sharing any information with it, because You may give the operator permission to use Your information outside of what You have agreed to herein. Hiring.co is not responsible for, nor endorses any features, content, advertising, products or other materials on or available from such Third Party Services.
7. Your Content
As Users of Our Services, all information You post, transmit, or submit through Our Services (“Content”) is intended to be shared with other Users. By submitting any Content to us, You hereby represent and warrant that You own all rights to the Content or, alternatively, that You have the right to give us the license described below. You further represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. We are not under any obligation to review any Content posted by Our Users on Our Services, although We reserve the right to do so with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We reserve all defenses made available to us by the Communications Decency Act and any other applicable laws, rules, or regulations. We may refuse to accept or display the Content, and may remove or delete all or any portion of the Content at any time. You understand that Hiring.co is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of Hiring.co. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Hiring.co Parties with respect thereto. Any and all Content You upload is not considered confidential by Hiring.co, will be treated as public information, and You agree and understand is intended to be shared with other users of our Services as well as third parties, all in Hiring.co's sole discretion, and Hiring.co has no control or liability over what other users do with your Content. You understand and agree that Hiring.co will not be liable for any treatment of your Content as confidential and waive all rights with respect to any such claims of confidentiality. If you do not agree that your Content will be considered public and will not be considered confidential, you must not use the Service.
8. Licensing to Hiring.co
Users will retain all rights to the Content they upload or create on or through the Services. You hereby grant to Hiring.co and its owners, affiliates, representatives, licensees, licensors and assigns (the "Hiring.co Parties") a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to display, modify, publicly perform, distribute, store, broadcast, transmit and reproduce Your Content, logo(s), service marks, trademarks and trade names in conjunction with the Services, including in developing, enhancing, and supporting the Services. You waive and agree never to assert any and all moral rights in and to all of the materials licensed in this Section. We reserve the right to display advertisements in connection with the Content.
9. Limitations On Liability
Hiring.co is not liable for (1) any Content posted on Our Services; (2) contracts or other obligations that may arise between Users; (3) any damages that result through Your use of Our Services in violation of this Agreement; (4) any negative or critical comments that may be posted by other Users through the Services; or (5) any of the Third Party Service(s) You may be provided pursuant to Your use of the Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL HIRING.CO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER OR NOT HIRING.CO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICES; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (3) ANY OTHER MATTER RELATED TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL HIRING.CO BE LIABLE TO A USER, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER OF (1) THE TOTAL AMOUNT PAYABLE BY THE USER TO HIRING.CO FOR THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CAUSE OF ACTION FIRST AROSE OR (2) $100.
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
Our licensors and service providers will have no liability of any kind under this Agreement. You may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.
10. Intellectual Property Rights
The entirety of the Services, along with any logos, features, trademarks, designs, or the like contained therein ("Marks"), are owned by or licensed to Hiring.co, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Hiring.co
11. Disclaimer Of Warranties
THE SERVICES ARE PROVIDED TO YOU AS IS. HIRING.CO PARTIES EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS SUCH AS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT.
THE HIRING.CO PARTIES MAKE NO GUARANTEE THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (3) THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
12. Indemnity
You agree to defend and indemnify the Hiring.co Parties from and against any third-party claim, including reasonable attorney’s fees, court costs, settlements, and disbursements, from or relating to (a) Your Content (b) Your use of and access to the Services in violation of this Agreement (c) Your violation of this Agreement (d) Your violation of any law, rule, or regulation, or the rights of any third party (e) Your use of any Third Party Services and (f) claims alleging that the Hiring.co Parties and the Client are joint employers.
Send any questions regarding our Terms of Use to support@hiring.co.
