This User Agreement (“Agreement”) has been created to enable you to use Hiring Products Ltd.’s (“we” or “us”), it’s subsidiaries and affiliated companies offerings, which may include websites such as this one, tool applications, software, materials, proprietary content, services, mobile apps and other tools (collectively referred to as the “Site”). This Agreement includes binding terms that govern your use of the Site. This Agreement and all other legal documents incorporated by reference set forth the legal contract between you and us.
Please take time to read this Agreement carefully before using the Site because it affects your legal rights and obligations. If you do not agree with anything herein established, or you later change your mind and do not agree with these terms or any document herein incorporated by reference, please stop use of the Site immediately.
Key Provisions:
1. Your Acceptance, Contractual Relationship and your Privacy
By accessing this Site, you will be deemed to have consented the Agreement. You represent and warrant that you are of age under the laws of your jurisdiction and/or lawfully able to enter into contracts. If you are not legally able to enter into contracts, you cannot use the Site at any time or submit any information to us. Our Privacy Policy explains our data practices which includes the information that you submit to us and the choices you can make about the way said information is collected and used. The Privacy Policy is hereby incorporated by reference.
2. Use of Our Site
(a) Visitors
Visitors may browse the Site in accordance with this Agreement.
(b) Job Applicants
In particular, if you apply for a job posted by us, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (the “Application Data”); and (ii) maintain and promptly update the Application Data to keep it true, accurate, current and complete. By applying for a job with us on behalf of another person, group or entity you hereby represent that you are authorized to do so.
(c) Inquiries
When you communicate with us, by any of the available means provided in our Site, you shall also follow and abide by this Agreement to the maximum extent that it may be applicable to any written, verbal, or other type of communications.
3. Amendments to this Agreement or to the Site, Additional Terms
(a) Additional Terms
Certain features of the Site may be subject to additional terms of use (“Additional Terms”), which shall be provided to you at the moment you decide to use such features. By using these other features, or any part thereof, you agree to be bound by the Additional Terms applicable to such features. In the event that any of the Additional Terms are in conflict with any of the provisions of this Agreement, the Additional Terms will govern. Some elements of the Site may only be offered in the desktop version of the Site and may not be available in the mobile version of the Site.
(b) Amendments and Modifications to the terms of this Agreement
We can change, update, add or remove provisions in this Agreement, at any time by posting the updated Agreement on the Site and by providing a notice on the Site. If you do not agree with any of the updated terms in the Agreement, you shall stop using the Site.
4. Using the Site, Our House Rules
This section explains how you may use the Site by providing our house rules. These rules establish the acceptable practices relating to the use of the Site, including system abuse and security. The Site must be used in a manner that is consistent with the intended purpose of the Site and the terms of the applicable agreement with us, including the terms in this Agreement. By using the Site, you consent to be bound by these rules. If you do not agree with anything in the paragraphs below, you must discontinue use of the Site. For purposes of this section, “Provider” includes us and all our affiliates, which includes direct and indirect subsidiaries.
(a) Responsible Use of the Site
Please act responsibly when using the Site. You may only use the Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Site. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials privately transmitted on or through the Site are the sole responsibility of the sender, not Provider, and that you are responsible for all information you upload or otherwise transmit to or through the Site.
(b) Prohibited Conduct in a Nutshell
You will not use the Site to transmit or distribute material in a manner that: 1. violates any applicable law or regulation; 2. may adversely affect the Site; 3. may expose us to criminal or civil liability, or 4. violate, infringe upon or otherwise misappropriate any third-party rights, including intellectual property rights, rights of publicity and privacy rights. You are prohibited from facilitating the violation of any part of this section or applicable third-party policies, including, but not limited to transmitting, distributing, or otherwise making available any product or information that violates this section or another provider's policy or confidentiality agreement. Please be aware that we cooperate with law enforcement and will report suspicious activity.
(c) Content Limitations
We require that you do not use the Site, send information to us, or act in a way, which in our opinion:
(d) System Abuse
You agree, without limitation, not to:
(e) Violation of Security Systems
The use or distribution of tools designed to compromise security (i.e.. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites or to law enforcement in order to assist them in resolving security incidents.
Violations of these rules may be reported to: legal@hiringproducts.com
5. Our Proprietary Rights (Intellectual Property, Copyrights, and Trademarks)
You agree that, as between you and us, we (and our affiliated companies and suppliers) own all the rights, title and interest in the Site and all tools, and all related intellectual property rights. The Site as a whole is copyrighted as a collective work, and individual works or content appearing on or accessible through the Site owned by or licensed to us or its content providers are likewise subject to copyright protection domestically and internationally. Similarly, all data files, program files, software, code, proprietary methods, systems and other materials used to operate the Site ("Materials") may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. The Materials are protected by copyrights, patents, trade secrets or other proprietary rights.
You must abide by all copyright notices, information, or restrictions contained in or attached to any of our Materials. Nothing in this Agreement grants you any right to receive delivery of a copy of our Materials or to obtain access to our Materials except as generally and ordinarily permitted through the Site according to this Agreement. Certain names, logos, distinctive features, source identifiers and other materials displayed on the Site, including its “look and feel”, constitute trademarks, trade names, service marks, trade dress or logos ("Trademarks") of us or other entities. All Trademarks not owned by us that are shown on this Site are the property of their respective owners. You are not authorized to use any such Trademarks. Ownership of all such Trademarks and the goodwill associated therewith remains with us or those other entities. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices in the Site.
6. Permitted Use of the Materials
Your right to make use of the Site and any Material or other content appearing on it is subject to your compliance with this Agreement. Modification or use of the Material or any other content on the Site for any purpose not permitted by this Agreement may be a violation of our intellectual property rights (see Section 5 above) as protected by law and this Agreement and is prohibited.
The Materials and all other content on the Service may not be copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, licensed or used in any way unless specifically authorized by us. Any authorization to copy or download Material granted by us in any part of the Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited (please refer to our Acceptable Use Policy for more information).
7. Warranties, our Disclaimer
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS IMPLIED OR COLLATERAL, RELATED TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION OR OTHER CONTENT ON THE SITE OR ANY WEB SERVICES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE MAKE NO WARRANTIES OR CONDITIONS THAT YOUR USE OF INFORMATION, OR OTHER CONTENT IN THE SERVICE OR ANY WEB SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, OR OTHER CONTENT OF THE SERVICE OR ANY OTHER WEB SERVICE.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES AND CONDITIONS, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
8. Limitation of Liability
WE DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OR MISUSE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE INFORMATION OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE PROVIDER GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE PROVIDER GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
9. Indemnity
To the extent permitted by applicable law in your jurisdiction, you agree to indemnify us and hold us harmless and our officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from your breach of this Agreement, including any of the foregoing provisions, representations, warranties or conditions, and/or from your transmission of any content onto our servers.
10. Investigations
We reserve the right to investigate suspected violations of any of the terms of this Agreement, including without limitation any violation arising from any submission, posting or e-mails you make or send to us. We may seek to gather information from the user who is suspected of violating the terms of this Agreement, and from any other user. If we believe, in our sole discretion, that a violation of any of the terms in this Agreement has occurred, we may take any corrective action we deem appropriate, as permitted by applicable law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate this Agreement. By accepting this Agreement, you waive and hold us harmless from any claims resulting from any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations by either us or law enforcement authorities.
11. Governing Law
To the fullest extent permitted by the applicable jurisdiction, this Agreement shall be governed by the laws of the State of New York, United States of America.
12. Arbitration Covenants
Please read this carefully if you are a resident of the United States of America. It affects your rights. Depending on your place of residence, the terms below may not apply to you.
(a) US Residents
To the fullest extent permissible by law, with the exception of disputes pertaining to our intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and us arising under This Agreement shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any New York state or federal court with substantial experience in the internet industry and shall follow New York substantive law in adjudicating the dispute, except that this Section 15 shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 15 satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to us. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator decides the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, we shall pay the costs and fees of JAMS and the arbitrator. In those instances, we agree to not seek reimbursement from you for costs and fees incurred in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
(b) Non-Us Residents
If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Site or this Agreement, then you and we agree to send a written notice to the other providing a reasonable description of this Section 12(b) dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. If no such information exists or if such information is not current, then, we have no obligation under this section. Your notice must be sent to us at legal@hiringproducts.com. Within a period of sixty (60) days from the date of receipt of notice from the other party, we and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the Section 12(b) dispute on terms if either you or us, in each of our sole discretion, are uncomfortable. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.
13. Electronic Communications
The communications between you and us may be made through electronic means, whether you visit the Site or send us emails or we communicate with you via email. For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
14. Local Regulations
We make no representation that Materials or other content on the Site are appropriate or available for use outside of the United States of America (“US”), and if accessing the Site from outside the US, then we make no representation that Materials or other content on the Site are appropriate or available for use from your current location. If you choose to access the Site from other locations outside the United States, you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable.
15. General
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and us relating to the matters contained here and the Site.
16. Notice to California Residents
Pursuant to Section 1789.3 of the California Civil Code, California residents are entitled to the following consumer rights notice: This Site is operated by Hiring Products Ltd. If you have a question or complaint regarding the Site, please contact Customer Service at support@hiringproducts.com. You may also contact us by writing to us at Hiring Products 1st floor Innovation house, 46 Reid Street, Hamilton HM 12, Bermuda. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700. Email: dca@dca.ca.gov.
17. Contact Details
Hiring Products, ltd. 1st floor Innovation house, 46 Reid Street, Hamilton HM 12, Bermuda. support@hiringproducts.com