Terms & Conditions
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.
Company Service and Grant of License
This is where we sit down, grab a cup of coffee and dial in the details. Understanding the task at hand and ironing out the wrinkles is key. Now that we've aligned the details, it's time to get things mapped out and organized. This part is really crucial in keeping the project in line to completion.
Whether through commerce or just an experience to tell your brand's story, the time has come to start using development languages that fit your projects needs. Now that your brand is all dressed up and ready to party, it's time to release it to the world. By the way, let's celebrate already. We get it, you're busy and it's important that someone keeps up with marketing and driving people to your brand. We've got you covered.
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.
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.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS REPRESENTATIVES SHALL NOT BE LIABLE, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY OF THE FOLLOWING, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT OR TORT, INCLUDING NEGLIGENCE OR OTHERWISE: (i) ANY LOSS OF BUSINESS; (ii) LOSS OF REPUTATION; (iii) LOSS OF PROFITS OR GOODWILL; (iv) LOSS OF USE; (v) LOSS OR DAMAGE TO OR CORRUPTION OF DATA; (vi) THE UNAUTHORIZED DISCLOSURE OF SENSITIVE, VALUABLE, OR CONFIDENTIAL INFORMATION, INCLUDING WITHOUT LIMITATION, PERSONALLY IDENTIFIABLE INFORMATION; (vii) LOSS ATTRIBUTABLE TO YOUR FAILURE TO MAKE AND RETAIN REASONABLE BACK-UPS OF YOUR DATA; (viii) INTERRUPTION OF BUSINESS; (ix) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM THE SERVICE; OR (x) ANY COSTS OF PROCURING SUBSTITUTE GOODS, SERVICES, TECHNOLOGY OR RIGHTS. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF COMPANY AND ITS REPRESENTATIVES UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00). YOU ACKNOWLEDGE AND CONFIRM THAT THE COMMERCIAL AND ECONOMIC TERMS UPON WHICH COMPANY AGREES TO PROVIDE THE SERVICE TO YOU HAVE BEEN CONDITIONED TO A SUBSTANTIAL EXTENT BY THE ABILITY OF COMPANY TO MAKE AND ENJOY THE FULL PROTECTION OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT AND YOU AGREE, REPRESENT AND CONFIRM THAT THE CONTENTS OF SUCH SECTIONS ARE FAIR AND REASONABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THIS AGREEMENT IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION AND COMPANY BECOMES LIABLE THEREBY FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE OR ONE HUNDRED DOLLARS ($100.00 USD), WHICHEVER IS LESS.
You shall indemnify and hold Company harmless from and against any costs, losses, liabilities and expenses (including reasonable attorneys’ fees) arising out of claims related to (i) Your use of the Service, (ii) Your use of information or results obtained through use of the Service, and/or (iii) any violation of this Agreement.
Failure by Company to enforce any particular term of this Agreement shall not be construed as a waiver of any of its rights under it. If any part of this Agreement is held by a court of competent jurisdiction to be unenforceable for any reason whatsoever, then You and Company agree that the validity of the remainder of the terms will not be affected. This Agreement is the entire agreement between You and Company with respect to the Service and supersedes all previous communications, representations, understandings and agreements, either oral or written, with respect to the Service, and other subject matter covered by this Agreement. No variation, amendment of or addition to this Agreement shall be effective without Company’s prior written consent. Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service and/or the information contained therein. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed acceptance thereof. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Virginia, without giving effect to the principles of conflict of laws. Any action under this Agreement or any provision hereof shall be commenced solely and exclusively in the state or federal courts located in Fairfax County, Virginia.
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