Terms & Conditions
HireaHire.com (referred to herein as "HireaHire.com,"
"We," "Us", "Website" or collectively, as "Company"). This page states the "Terms
and Conditions" of HireaHire.com under which you, (the "User"), may use HireaHire.com,
(the "Website") and any goods, service or information available on the Website.
The Terms and Conditions are a legally binding contract. By using this Website,
You are indicating your acceptance to be bound by the terms of these Terms and Conditions
and are indicating that you are at least eighteen (18) years old.
HireaHire.com, (the "Company") may revise these Terms
and Conditions at any time by updating this page. It is advised that the User periodically
review the Terms and Conditions, because they are binding on the User. If at any
time you find the Agreement unacceptable, you should no longer use the Website.
The terms "You" and "User" as used herein refer to all individuals and/or the entities
they represent (jointly and severally) accessing this Website for any reason and
include, but are not limited to, "Employers" (person or entity that is accessing
the Website to post a job or for any reason related to the purpose of seeking candidates)
and "Job Seekers" (a User who is accessing the Website to search for a job or in
any other capacity except as an Employer).
These Terms and Conditions are effective as of April 1, 2009.
Use of Material
The Company authorizes You to view the Material (defined below) on the Website and
in emails from the Company solely for the purpose of locating and recruiting potential
employees (if You are an Employer) and for the purpose of seeking employment opportunities
(if You are a Job Seeker).
The compilation(meaning the collection, arrangement and assembly) of all content
on this Website is the exclusive property of the Company and protected by copyright
laws. Unauthorized use of the Material may violate copyright, trademark, and other
laws. You must retain all copyright, trademarks, service mark and other proprietary
notices contained in the original Material on any copy you make of the Material.
You may not sell or modify the Material or reproduce, display, publicly perform,
distribute, or otherwise use the Material in any way for any public or commercial
Materials or display the Material through any other URL or in conjunction with another
company name or trademark. You shall not copy the HTML code that the Company creates
to generate its Web pages.
The Website is intended for individuals seeking employment and for employers or
recruiters seeking candidates for employment. You may use this Website only for
lawful purposes within the stated context of the Website's intended and acceptable
use. HireaHire.com is the sole interpreter of the Website's intended and acceptable
use. As a job seeker, this authorizes you to view the material on the Website and
in emails from the Company solely for your personal, noncommercial use. As an Employer,
You agree that you are solely responsible for the content of any Document you post
to the Website and any consequences arising from such posting. Your use of the Website
is a privilege. HireaHire.com reserves the right to suspend or terminate that privilege
for any reason at any time, in its sole discretion.
Intellectual Property Rights
The Website and all owner-created content are the right, title and interest in and
to the Website is the sole property of HireaHire.com,
or its licensors, and is protected by U.S.copyright and international treaties.
Except for the limited licenses expressly granted to you in these Terms and Conditions,
HireaHire.com reserves for itself and its licensors all other right, title and interest.
Without limitation on the foregoing, you may not reproduce, modify, display, sell,
or distribute the Content, or use it in any other way for public or commercial purpose.
This includes copying or adapting the HTML code used to generate Web pages on the
Website, the Website's design logo and certain other names or logos which are service
marks or trademarks of HireaHire.com, and all related product and service names,
design marks and slogans which are the service marks or trademarks of HireaHire.com.
In addition, the "look" and "feel" of the Website (including color combinations,
button shapes, layout, design and all other graphical elements) are also protected
by HireaHire.com trademarks, service marks and copyrights. All other product and
service marks contained on the Website are the trademarks of their respective owners.
Registration & User Information
The Company may require that you register and provide the Company with certain information
including, name, mailing address and a valid e-mail address (Your "User Information").
The Company will not disclose to any third party (other than agents and subcontractors
of Company) Your name, mailing address, e-mail address or telephone number without
to the extent necessary or appropriate to comply with applicable laws or in legal
proceedings where such information is relevant. The Company may offer third party
services and products to you based on the preferences that you provide in your registration
and at any time thereafter; such offers may be made by the Company or by third parties.
Users who post jobs own and are responsible for their communications and postings,
including, but not limited to, job postings ("User Content"). The Company acts as
a portal for the online distribution and publication of User submitted information
and does not have an obligation to assess or guarantee the accuracy or appropriateness
of the communications or postings (even if Company elects in its discretion to attempt
to do so). You agree not to send communications or make postings that infringe or
breach another party's intellectual property rights, contract rights or other rights
(including copyrights, trademark rights or trade secret rights). You agree not to
send inappropriate communications or make inappropriate postings, including but
not limited to, communications and postings that are obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to another user or any other person
or entity, sexually-explicit, solicitations of business, chain letters or pyramid
schemes. The Company is not responsible for any User Content or actions or omissions
in response to User Content.
You also warrant that you have the right through ownership, license or consent to
submit the User Content and User Information to be used in accordance with these
Information retains any and all rights that may exist in such content.
The Company may elect to, in its sole discretion, investigate and take action based
the Company is not required to do so). The Company need not verify or assess the
accuracy of any User Content or User Information.
Nothing on the Website shall be considered an endorsement, representation or warranty
with respect to any User or third party, whether in regards to its web Website,
products, services, hiring, experience, employment or recruiting practices, or otherwise.
The Company's Liability
HireaHire.com is not an employment agency or a recruiting firm, and makes no representations
or guarantees regarding the effectiveness or timeliness of the Website in meeting
the employment objectives of Users. The Company does not guarantee that Job Seekers
will be hired or that Employers will find employees or contractors using the Website.
The Company is not a party to any relationships entered into between an Employer
and Job Seeker, and the Company is not liable for any act or omission by an Employer
or Job Seeker. You are solely responsible for the form, content and accuracy of
any User Content. As a result, the Company has no control over the quality, safety
or legality of the jobs posted, the truth or accuracy of the listings, the ability
of employers to offer job opportunities to candidates or the ability of candidates
to fill job openings. In addition, note that there are risks, including but not
limited to the risk of physical harm, of dealing with strangers, foreign nationals,
underage persons or people acting under false pretenses. You assume all risks associated
with dealing with other users with whom you come in contact through the Website.
The Material may contain inaccuracies or typographical errors. HireaHire.com makes
no representations about the accuracy, reliability, completeness, or timeliness
of the Website or the Material. The use of the Website and the Material is at your
own risk. Changes are periodically made to the Website and may be made at any time.
You acknowledge and agree that you are solely responsible for the form, content
and accuracy of any material contained therein placed by you on the Website. Employers
are solely responsible for their postings on the Website. HireaHire.com is not to
be considered to be an employer with respect to your use of the Website and shall
not be responsible for any employment decisions, for whatever reason, made by any
entity posting jobs on the Website.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE
WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.
IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES
OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES,
SOFTWARE, TEXT, GRAPHICS, AND LINKS.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, THE INTERNET
GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF
(b) IN NO EVENT SHALL HireaHire.com (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES,
LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY,
OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH
THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE AND/OR ANY
DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT WWW.HIREAHIRE.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION
OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH
IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR
UNENFORCEABLE FOR ANY REASON, THEN HIREAHIRE.COM'S MAXIMUM LIABILITY TO YOU FOR
ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL WWW.HIREAHIRE.COM (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES
IN EXCESS IN THE AGGREGATE OF US $100.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES
AGREEMENT WITH WWW.HIREAHIRE.COM, THE AMOUNTS ACTUALLY PAID BY YOU TO WWW.HIREAHIRE.COM
UNDER THIS AGREEMENT IF GREATER THAN US $100.00).
(e) Due to the nature of this Agreement, in addition to money damages, you agree
that HireaHire.com will be entitled to equitable relief upon a breach of this agreement
by you. Promise Not to Sue & Indemnity You promise not to sue the Company and hereby
waive any and all claims against the Company from any liability arising out of or
related to the acts or omissions of other users (Employers and Job Seekers). You
agree to defend, indemnify, and hold harmless the Company, its officers, directors,
employees and agents, from and against any claims, actions or demands, including
without limitation reasonable legal and accounting fees, alleging or resulting from
shall provide notice to you promptly of any such claim, suit, or proceeding and
shall assist you, at your expense, in defending any such claim, suit or proceeding.
The Website may contain links to third party Websites as a convenience. The Company
is not responsible for the content of linked third party Websites and does not make
any representations regarding the content or accuracy of materials on such third
party Websites. If you decide to access linked third party Websites, You do so at
your own risk. You acknowledge and agree that such links are provided for your convenience
and do not reflect any endorsement by HireaHire.com with respect to the provider
of such linked Website or the quality, reliability or any other characteristic or
feature of such linked Website and HireaHire.com is not responsible in any manner
(including without limitation with respect to any loss or injury you suffer) for
any matter associated with the linked Website, including without limitation, the
content provided on or through any such linked Website or your reliance thereon.
HIREAHIRE.COM MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED
WEBSITE: YOUR USE OF ANY LINKED WEBSITE IS SOLELY AT YOUR OWN RISK. In addition,
you should be aware that your use of any linked Website is subject to the terms
and conditions applicable to that Website.
HireaHire.com is the sole interpreter of these rules. Users who violate these rules
may have their access and use of the Website suspended or terminated, at HireaHire.com's
discretion. HireaHire.com reserves the right to change these rules in accordance
with the amendment policy in the Terms and Conditions.
(a) Your Document may not contain: (i) copyrighted material (unless you own the
copyright or have the owner's permission to post the copyrighted material); (ii)
trade secrets (unless you own them or have the owner's permission to post them);
(iii) material that infringes on or misappropriates any other intellectual property
rights, or violates the privacy or publicity rights of others; (iv) keywords or
white text keywords (including any words embedded in the Document and hidden from
the User); (v) anything that is sexually explicit, obscene, libelous, defamatory,
threatening, harassing, abusive, or hateful; or (vi) anything that is embarrassing
or offensive to another person or entity.
(b) You may not use your Document(s) to: (i) impersonate another person, living
or dead; (ii) post false, inaccurate or misleading information; (iii) post advertisements
or solicitations of business (including, but not limited to, E-mail Processors,
Project 21, franchises, "club memberships," distributorships, or anything requiring
a monetary investment by the User, including a request for payment to obtain job
listings); (iv) post chain letters or pyramid schemes; or (v) post opinions or notices,
commercial or otherwise.
(c) Your Document(s)must contain sufficient detail to convey clearly to the User
the nature and requirements of the job opportunity. Documents from any third party
charging a fee or restricting complete access to all resume information are prohibited.
(d) HireaHire.com is under no obligation to monitor the Documents posted on the
Website, but it may monitor Documents at random. Documents found to violate the
above Posting Rules may be removed at HireaHire.com's discretion.
You are responsible for all Content that you upload, submit, post, e-mail or otherwise
transmit using the Website or Services. Likewise, you are responsible for respecting
HireaHire.com's any third parties' rights with respect to Content that appears on
the Website and not to download, e-mail or otherwise transmit such Content in violation
of HireaHire.com's and third parties' rights. Users are prohibited from violating
or attempting to violate the security of the Website, including, without limitation:
(i) accessing data not intended for such User or logging into a server or account
which the User is not authorized to access; (ii) attempting to probe, scan or test
the vulnerability of a system or network or to breach security or authentication
measures without proper authorization; (iii) attempting to interfere with service
to any User, host or network, including, without limitation, via means of submitting
a virus to the Website, overloading, "flooding", "mailbombing" or "crashing"; (iv)
sending unsolicited e-mail, including promotions and/or advertising of products
or services; (v) forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting. Violations of system or network security may
result in civil or criminal liability. You agree not to use the Website or Services
respond to postings by other Users in any manner or for any purpose other than that
which is expected. Communications soliciting the employer's business by our competitors
submit Content that is implicitly or explicitly offensive (i.e., engages in, endorses
or promotes racism, bigotry, hatred or physical harm of any kind against any group
or individual); harasses, incites harassment or advocates harassment of another
any group or individual; involves the transmission of promoting or endorsing false
or misleading information or illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous.
send unsolicited commercial email, (i.e., "junk mail", "chain letters," or unsolicited
mass mailing or "spamming") to Users.
collect or store personal data with respect to third parties except as contemplated
by the Terms and Conditions and then only for the express purpose of providing lawful
communication that may reasonably be anticipated by such third parties.
directly or indirectly, intentionally disrupt or interfere with the Website or Services
in any manner that may materially adversely affect HireaHire.com, you or any third
submit, upload, post, e-mail or otherwise transmit any material that contains software
viruses or any other code, files or programs designed or known to disable, interrupt,
or limit the functionality of any computer hardware, computer software, or telecommunications
equipment or facilities.
submit, upload, post, e-mail or otherwise transmit without authorization any material
that contains personal or private information concerning any third party person
or entity, including without limitation, phone number(s) or addresses, credit/debit
cards, calling cards, account numbers, social security numbers, passwords or other
to delete or revise any material posted by any other person or entity.
Use the Website or Services for any purpose or in any manner that violates any local,
state, or federal law or regulation or the law or regulation of any foreign government
including but not limited to scripts, bots and other software, to try to collect
information from the Website or to break into any of its servers.
If at any time during the term of this agreement HireaHire.com comes to the understanding
that you: (i) misled HireaHire.com of your business practices and/or services, or
(ii) purchased services that do not represent your precise business, HireaHire.com
reserves the right to terminate this agreement. Report inappropriate postings or
conduct to us using the “Contact Us” page.
No Resale or Unauthorized Use You agree not to resell or assign your rights or obligations
under these Term and Conditions. You also agree not to make any unauthorized use
of the Website.
The Company reserves the right, at its sole discretion, to terminate Your use of
the Website at any time for any reason, in which case, You would receive a refund
for any amounts paid for services not yet rendered if You were in compliance with
these Terms and Conditions when Company denied Your right of continued use of the
Material or Website. To the maximum extent allowed by law, the Company may deny
any company or person the right to use the Material or Website.
Amendments to this Agreement and Changes to Website. HireaHire.com may revise this
document at any time by updating this page. Changes will be binding on you on the
date they are posted on the Website (or as otherwise stated in the any notice of
such changes). Any use of the Website will be considered acceptance by you of the
then-current Terms and Conditions. If at any time you find the Terms and Conditions
unacceptable, you may not use the Website any longer. Any new or different terms
supplied by you are specifically rejected by HireaHire.com unless HireaHire.com
agrees to them in a signed writing specifically including those new or different
terms. HireaHire.com may change the Website at any time. Questions and Notices Questions
concerning the use of the Website should be directed to us using the “Contact Us”
page. Notices shall be sent, for HireaHire.com, to the address listed on the Website,
and, for you, to the email address submitted by you or such other address as HireaHire.com
reasonably determines is an appropriate address for you.
HireaHire.com makes no claims that the Content is appropriate or may be downloaded
outside of the United States/Canada. Access to the Content may not be legal by certain
persons or in certain countries, and such persons have no right to access or use
the Website. If you access HireaHire.com from outside of the United States/Canada,
you do so at your own risk and are responsible for compliance with the laws of your
jurisdiction. The Terms and Conditions and your Service Agreement, if you have one,
are governed by the internal substantive laws of the State of Texas , without respect
to its conflict of laws principles. Jurisdiction for any claims arising under the
Terms and Conditions or your Service Agreement shall lie exclusively with the state
or federal courts in the State of Texas . The sole relationship between you and
HireaHire.com is that of independent contractors. If any provision of the Terms
and Conditions is found to be invalid by any court having competent jurisdiction,
the invalidity of all or part of a provision shall not affect the validity of the
remaining parts and provisions of the Terms and Conditions, which shall remain in
full force and effect. All provisions of the Terms and Conditions shall survive
termination except those granting access or use to the Website, and you shall cease
all your use and access thereof immediately. You may not assign or transfer your
obligations under the Terms and Conditions. No waiver of any term of the Terms and
Conditions shall be deemed a further or continuing waiver of such term or any other
term. Except as expressly provided by HireaHire.com in a particular "Legal Notice,"
or software license or material on particular Web pages of the Website, the Terms
and Conditions and your Service Agreement where applicable, constitute the entire
agreement between you and HireaHire.com.