IMPORTANT: This User Agreement (this “Agreement”) is a legal agreement between you (either an individual person or a single legal entity, collectively referred to in this Agreement as “User”, “You”, “Your”, or “Yours”) and HireIQ, LLC (referred to in this Agreement as “Company”) with respect to Your use of Company’s website, proprietary application, web-based portal, and/or other Company products and/or services selected or accessed by You (collectively, the “Service”). READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE. IT PROVIDES A LICENSE TO USE THE SERVICE AND CONTAINS WARRANTY AND LIABILITY DISCLAIMERS.
By accessing or otherwise using the Service, You agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, Company is unwilling to license the Service to You. You acknowledge that you have read and understand this Agreement, and that this Agreement has the same force and effect as a signed agreement.
YOU WILL BE ASKED TO REVIEW AND EITHER ACCEPT OR NOT ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU AGREE TO BE BOUND BY ALL TERMS OF THIS AGREEMENT DIGITALLY SIGN YOUR NAME IN THE POP-UP WINDOW PROVIDED AND CLICK THE "ACCEPT" BUTTON. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT, COMPANY IS UNWILLING TO GRANT YOU ANY RIGHTS TO USE THE SERVICE, AND YOU MUST INDICATE YOUR REJECTION OF THIS AGREEMENT BY CLICKING THE "DECLINE" BUTTON.
If you are entering into this Agreement on behalf of your employer or other organization (“Organization”) the rights granted and restrictions and limitations recited herein apply to your Organization as well as to you as a representative of your Organization. Should you cease being an authorized representative of your Organization, your Organization may continue to operate under this Agreement. You represent and warrant that you have the power and authority to bind your Organization to this Agreement. As used in these terms, “you”, “your” and “User” refers not only to you, the individual checking the “I Agree” button, but also your Organization. Company shall not be liable, and you agree to indemnify and hold Company and any of its affiliates, subsidiaries, employees, and agents harmless from and against, all damages, liabilities, penalties, costs and expenses incurred by Company and any of its affiliates, subsidiaries, employees or agents as a result of any inaccuracy, false representation or other violation or failure by you in connection with this paragraph.
If You do not agree to the terms of this Agreement, You should immediately cease Your access to and use of the Service and leave this Company website. WE MAY REVISE AND UPDATE THIS AGREEMENT AT ANY TIME. PLEASE PERIODICALLY REVIEW THIS AGREEMENT BECAUSE YOUR USE OF THE SERVICE IS GOVERNED BY THIS AGREEMENT.
1. Company Service and Grant of License
Subject to and in consideration of Your agreement to the terms and conditions contained in this Agreement, Company grants to You a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable license to use the Service during the term of this Agreement.
You agree to use the Service in compliance with all applicable federal, state, and local laws, rules, and regulations. You are solely responsible for, and Company hereby disclaims any and all liability with respect to, all data, programs, procedures, and other information that You input into the Service and the results obtained therefrom and the accuracy and quality of the same. You acknowledge and agree that the Service may contain errors, and You are responsible for establishing backup, log, batch, review, and other procedures and controls appropriate to maintain the integrity and continuity of Your operations. Under the terms of this Agreement, You may not and may not attempt to, and You may not permit others to:
(i) Transfer, sublicense or assign the license or Your rights under it;
(ii) Use the Service or other component elements of the Service except as expressly permitted by this Agreement;
(iii) Distribute, rent, sell, loan, lease, sublicense or otherwise deal in the Service and or any other component elements of the Service;
(iv) Alter, adapt, merge, modify, translate, or create derivative works based on the Service or other component elements of the Service in any way, or for any purpose, other than with the prior written consent of Company;
(v) Reverse engineer, disassemble or de-compile the Service or otherwise attempt to obtain the source code for the Service;
(vi) Remove, change or obscure any identification marks or notices of proprietary rights and restrictions in the Service or any other component elements of the Service; or
(vii) Enable any timesharing or service bureau use of the Service to any third party.
The Service is proprietary to Company and/or its licensors. All rights, title and interests in and to the Service and all copyrights, trade secret rights, patents, trademarks and any other intellectual property or proprietary rights in and to the Service shall at all times remain the exclusive property of Company and/or its licensors. All rights not expressly granted under this Agreement are reserved by Company. You agree that in the event of an actual or threatened breach of this Section by You, Company will have no adequate remedy at law and will be entitled to immediate and injunctive and other equitable relief, without bond and without the necessity of showing actual money damages.
2. Ideas and Data
You acknowledge and agree that You may be providing certain feedback, statements, suggestions and ideas (collectively, “Ideas”) to Company, directly or through a third party, in connection with Your use of the Service, which Company may use in future modifications to the Service, multimedia works and/or advertising and promotional materials relating thereto. In addition, You acknowledge and agree that Company will have access to certain analytic and demographic data (“Data”) with respect to Your use of the Service. You hereby assign to Company any and all right, title, and interest in any Ideas and Data, including but not limited to any copyright, patent right, moral right, and all other intellectual property rights. You acknowledge and agree that submission of Ideas and Data to Company, either orally or in writing, will not in any way establish a confidential relationship with Company, nor will it place Company in the position of receiving a disclosure in trust. Company will not be obligated and makes no commitment to treat or maintain Ideas that You submit as confidential. In addition, You do not expect any type of payment or remuneration from Company for Ideas or Data. You agree that all documents and materials submitted to Company will become the property of Company, unless Company agrees otherwise in writing. No obligation is assumed or may be implied on the part of Company, by receipt or examination of the Idea or Data submission to use the Ideas and Data, compensate You or otherwise enter into another agreement with You.
You are responsible for the payment of all taxes associated with Your use of the Service (other than taxes based on Company’s net income), including, but not limited to, any applicable sales or use tax, import taxes, taxes on telecommunication services, information services, data processing services or similar governmental charges that may be assessed by any jurisdiction, whether based on gross revenue or delivery of products or services.
4. Term and Termination
The term of this Agreement and the license granted hereunder will commence on the date You indicate Your acceptance of this Agreement and will continue until You either stop using the Service or Your rights to use the Service are terminated by Company as set forth in this Agreement. Company may immediately terminate this Agreement, and Your right to use the Service upon written notice to You in the event You breach any of the terms of this Agreement. In addition, this Agreement and the license granted hereunder may be terminated by You and Company upon mutual written agreement. In the event this Agreement is terminated, the preamble, Sections 3-7, and 9, and any payment obligations incurred by you prior to the effective date of termination shall survive. Upon termination of this Agreement for any reason, you shall immediately cease all use of the Service.
COMPANY IS LICENSING THE SERVICE TO YOU "AS IS”. COMPANY AND ITS REPRESENTATIVES MAKE NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SERVICE OR ANY UPDATES OR UPGRADES THERETO, OR ANY MATERIALS OR SERVICES FURNISHED OR PROVIDED TO YOU UNDER THIS AGREEMENT. COMPANY AND ITS REPRESENTATIVES EXPRESSLY AND SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RESULTS, WORKMANLIKE EFFORT, COURSE OF DEALING AND TITLE, AND NONINFRINGEMENT WITH RESPECT TO THE SERVICE AND ALL OTHER MATERIALS AND INFORMATION PROVIDED TO YOU IN CONNECTION THEREWITH, AND WITH RESPECT TO THE USE OF ANY OF THE FOREGOING. COMPANY AND ITS REPRESENTATIVES MAKE NO WARRANTY, AND EXPRESSLY DISCLAIM ANY OBLIGATION, THAT: (i) THE SERVICE OR ANY THIRD PARTY CONTENT CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR VIRUS-FREE BASIS; (ii) THE CONTENT, FORMS AND INFORMATION PROVIDED ON OR THROUGH THE SERVICE WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF THE SERVICE OR OTHER INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (v) DEFECTS, IF ANY, WILL BE CORRECTED; (vi) THE SERVICE OR ANY FEATURE WILL NOT CAUSE AN ADVERSE OR DISPARATE IMPACT ON A LEGALLY PROTECTED CLASS OF PEOPLE; OR (vii) AS TO THE COMPLETENESS, ACCURACY, SUITABILITY, QUALITY, USEFULNESS, OR CURRENCY OF THE SERVICE, INCLUDING BUT NOT LIMITED TO, ANY CREDENTIALS, JOB, OR CANDIDATE EVALUATIONS, SKILLS MATCHING, REPORTING, OR OTHER INFORMATION AVAILABLE THROUGH THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE USE AND TRANSMISSION OF ALL DATA YOU UPLOAD OR SUBMIT TO OR THROUGH THE SERVICE. IN ADDITION, COMPANY EXPRESSLY DISCLAIMS LIABILITY FOR YOUR IMPROPER OR DISCRIMINATORY USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, CLAIMS AGAINST YOU MADE BY OR VIA ANY COURT OR REGULATORY AGENCY BASED IN WHOLE OR IN PART ON ALLEGATIONS OF DISPARATE OR ADVERSE IMPACT. FURTHER, COMPANY EXPRESSLY DISCLAIMS LIABILITY FOR THE SERVICE’S COMPLIANCE WITH, OR THE ABILITY TO EVALUATE CANDIDATES UNDER, THE EMPLOYMENT LAWS OF ANY JURISDICTION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT COMPANY HAS NOT REPRESENTED THE SERVICE AS HAVING THE ABILITY TO ENSURE YOUR COMPLIANCE WITH APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS SOLELY A CONDUIT FOR YOUR DATA. THE PARTIES AGREE THAT, AS BETWEEN YOU AND COMPANY, YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND QUALITY OF YOUR DATA AS INPUT INTO THE SERVICE. COMPANY SHALL HAVE NO LIABILITY FOR ANY CLAIM ARISING FROM ANY USE OF YOUR DATA OR RESULTS OF USING YOUR DATA AND/OR THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY ACT OR OMISSION TAKEN BY YOU OR A USER AS A RESULT OF OR WITH RESPECT THERETO. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO THE USE OR TRANSMISSION OF EMPLOYMENT RECORDS AND OTHER DATA THROUGH THE SERVICES BY YOUR AND/OR YOUR USERS. No employee, agent, representative or affiliate of Company has authority to bind Company to any oral representations or warranty concerning the Service. Any written representation or warranty not expressly contained in this Agreement will not be enforceable.
6. Limitation of Liability
There are two kinds of information that websites can obtain about you:
1. THE INFORMATION WE COLLECT
(1) Anonymous Information: “Anonymous Information” is aggregate data that websites use to administer their sites. It may include such information as your browser type or your Internet Protocol (IP) address. HireIQ may, from time to time, retain third parties to help us collect and aggregate Site customer information.
IP Addresses. An IP address is unique string of numbers that is assigned to your computer by your Internet Service Provider. Web servers automatically identify your computer by its IP address. We use your IP address to help diagnose problems with our server, to administer our Site, avoid hacking attacks on the Site’s server, and may use it to gather broad demographic information. HireIQ does not link IP addresses to any personally identifiable information, even if such information is voluntarily provided by a user.
(2) Personally Identifiable Information: “Personally Identifiable Information” is any information that personally identifies you, such as your name, email address or your telephone number. Sometimes this personal information is needed to customize the content that you see or when you obtain services from HireIQ, use this Site, or contact us. We may ask you to provide us with personal information on a voluntary basis in certain areas of our Site. In particular, you may be asked to provide the following information: 2. HOW WE USE GATHERED INFORMATION
User Accounts. To access and use certain services offered through the Site, we request that you create an account and profile by providing personal information and creating a username and password. We will use this information to maintain your account. We may also use this information to send you announcements of new features available on the Site, special offers, and promotional materials that we think may be of interest to you. You may elect not to receive such information by opting out as described below.
Email Correspondence. Scattered throughout the Site are links or forms that can be used to contact HireIQ so you can comment, make a complaint, make suggestions and ask questions. Your email address is required on this form so we can answer your questions, and we want your name, too, so we can address our answer in a mannerly way. HireIQ may put information from email on file, but does not currently share, sell, license or transmit this information with third parties without express authorization from you.
The information you share with us may be used in a few ways:
2. HOW WE USE GATHERED INFORMATION
(1) Anonymous Information: Anonymous Information is used internally for Site administration, troubleshooting and to help improve the quality of the web pages. We may share such aggregated, non-personally identifiable information, such as demographics, with existing and prospective business partners and advertisers. We never connect aggregate information with Personally Identifiable Information, and none of the aggregate information we share will contain any information that identifies you individually.
HireIQ does not share, sell, rent, or trade Personally Identifiable Information with third parties for their promotional purposes except as described in this Policy.
We support the right of our visitors to choose. If you decide that you do not wish to receive e-mails from HireIQ, you can contact us at firstname.lastname@example.org indicating that you no longer want to receive information relating to this Site.
You have a right to know about the personal information that HireIQ holds about you, including the right to correct, amend or delete the information that HireIQ has on file if it is incorrect. If you wish to exercise these rights please contact us by e-mail at email@example.com.
This Site incorporates appropriate safeguards to protect the security, integrity, completeness, accuracy and privacy of the personal information we have collected. We have put in place reasonable precautions to protect information from loss, misuse and alteration, including Secure Socket Layer (SSL) technology and database encryption. While on a secure page, the lock icon of Web browsers such as Mozilla Firefox and Microsoft Internet Explorer becomes locked, as opposed to unlocked, or open, when you are just “surfing.” While we use SSL encryption to protect sensitive information online, we use reasonable efforts to protect user information offline. Our security and privacy policies are periodically reviewed and enhanced as required and only authorized individuals have access to the information you provide.
Security of information communicated by or to us over the Internet is of utmost concern to us; unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Please note that your email, like most, if not all, non-encrypted Internet communications, may be accessed and viewed by other Internet users, without your knowledge and permission, while in transit to us. For that reason, to protect your privacy, please do not use email to communicate information to us that you consider confidential. While we strive to protect your personal information, HireIQ cannot ensure or warrant the security of any information you transmit to us or through our Site, and you do so at your own risk. Once we receive your transmission, we will use reasonable efforts to ensure its security on our internal systems. Depending on the nature of the inquiry, your communication may be discarded or archived. If you wish, you may contact us instead via telephone at the numbers provided throughout our Site.
As we continue to develop our business, we may buy, merge or partner with other companies or businesses, and in so doing, acquire customer information. In such transactions, user information may be among the transferred assets. Similarly, in the unlikely event that a portion or substantially all of HireIQ’s assets are sold or transferred to a third party, customer information (including your email address) would likely be one of the transferred business assets.
Protecting the privacy of children is very important to us. The Children’s Online Privacy and Protection Act of 1998 (“COPPA”) defines a “Child” as anyone under the age of 13. HireIQ strictly adheres to COPPA. For that reason, we do not collect or maintain information obtained through our Site from those we actually know are under 13, and no part of our Site is structured to attract anyone under 13.
Some browsers have a “do not track” feature that lets you indicate that you do not wish to have your online activities tracked. These features are not yet uniform, so we do not currently respond to such features or signals. Therefore, if you select or turn on a “do not track” feature in your web browser or block or delete tracking cookies, we and our third-party providers may continue collecting information about your online activities.
This Site is controlled, operated and administered entirely within the United States. By using this Site, you signify your agreement to the terms of this Policy. If you do not agree with this Policy, please do not disclose any personal information through this Site. This Policy and the use of this Site are governed by the laws of the State of Virginia, without regards to its conflicts of law provisions. Any claim related to the Site or this Policy shall be brought in a federal or state court in Fairfax County, Virginia, within one year after the claim arises. Users of the Site consent to the jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning this Policy. This Policy and the notices outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any third party.
If you are a California resident and request information about how to exercise your third party disclosure choices, please send a request to firstname.lastname@example.org with a preference on how our response to your request should be sent.
HireIQ may modify this Policy at any time, at its discretion, and modifications are effective upon being posted on this Site. If we decide to change this Policy, we will post those changes on the home page of the Site and any other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. You are responsible for reviewing this Policy periodically to ensure that you are aware of any changes to it. If we make material changes to this Policy, we will notify you by means of a notice on our Site’s home page.
We welcome your questions, comments, and all feedback pertaining to your privacy or any other issue with regard to this Site. You may contact us at:
4. ACCESS AND CORRECTION
6. DISCLOSURE OF CUSTOMER INFORMATION THROUGH BUSINESS TRANSFERS
7. OUR COMMITMENT TO CHILDREN’S PRIVACY
8. DO NOT TRACK
9. EXTERNAL LINKS
10. CONSENT AND JURISDICTION
11. SPECIAL NOTICE TO CALIFORNIA RESIDENTS
13. ACCOUNT REVISIONS, REVOKING AND DELETING PERSONAL INFORMATION
8000 Towers Crescent Dr., 13th Floor
Vienna, Virginia 22183