Terms and conditions
This agreement (the “Agreement”) between the Hiringcue.com (“Customer”) and Hiringcue. (“Hiringcue”) sets out the terms and conditions (“Terms and Conditions”) applicable to the Customer’s use of the services provided by Hiringcue the (“Services”)
Please read these terms very carefully before using the website and Hiringcue’s services. You acknowledge and agree that by clicking on “I accept” on behalf of a nominated company or organization (in these terms, the “Customer”), you agree that company or organization will be bound by these terms as a customer. You warrant and represent that you have full capacity and authority to enter into this agreement on behalf of the customer, company or organization.
Fees
The fees to access the Website and Services are detailed as set out on the Website (“Fees”). The Fees are based on the number of Reference checks the subscriber is permitted to use in its use of the Services. Other than where the Customer is participating in a trial the Customer may only access the Website and the Services by paying the Fees.
Unless stated otherwise on the Website or agreed by Hiringcue in writing, the Fees shall be payable by the Customer in advance, in the manner as set out on the Website. Customer grants Hiringcue the right to charge the credit card provided to Hiringcue for all Fees incurred under this Agreement. All Fees will be non-refundable once paid to Hiringcue.
All Fees are exclusive of other taxes or duties and are non-refundable for any reason whatsoever.
The Fees or any rate of charge may be increased by Hiringcue upon not less than thirty days prior written notice to the Customer, which notice may be provided through the Website.
Termination
The Customer may terminate their Contract at any time by canceling their account/subscription on the Website, provided that any Fees already paid by the Customer are non-refundable.
Hiringcue shall be entitled to suspend and/or terminate the Customer’s access and use of the Website and/or the Services.
If Hiringcue’s network providers and suppliers cease providing Hiringcue with their services; or
If Hiringcue has reason to believe that the Customer has breached any of the provisions of these Terms.
Upon termination of the Customer’s Contract, the Customer may no longer access or use the Services and the Website.
Indemnification.
You agree to indemnify and hold harmless Hiringcue, its contractors, partners and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Hiringcue’s, Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Fair usage
Hiringcue provides automated reference checking software (the “Software”), which may only be used for the purposes of recruiting individuals for real jobs in real organizations. The Customer may not use the Services to promote products and services, self-employment, work-from-home opportunities, or commissions-only positions; nor for any other use inconsistent with any applicable law, regulation or generally accepted recruiting practices or guidelines. The Customer understands that access to the Customer’s account may be restricted should the Customer be found to be in violation of any of these Terms and Conditions. Hiringcue does not currently place a limit on data storage or usage but may do so in the future at its sole discretion.
Customer agrees not to attempt to access any of the Services by any means other than through the interface that is provided by Hiringcue nor to engage in any activity that interferes with or disrupts the Services or infringes on Hiringcue’ and/or its 3rd party vendors’ brand or intellectual property.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
You understand that:
In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
Accessing (or attempting to access) any of our resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
Attempting to copy, duplicate, reproduce, sell, trade, or resell our resources is strictly prohibited.
You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
Attempting to decipher, decompile, disassemble or reverse engineer any of the code or software comprising in or in any way making up a part of this website is prohibited.
We may provide various open communication tools on our website, such as blog posts, discussion boards, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share or otherwise distribute any content that:
Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Contains any type of unauthorized or unsolicited advertising;
- Impersonates any person or entity, including any Hiringcue employees or representatives.
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party;
Changes:
Hiringcue reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Hiringcue may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Intellectual Property
This website contains intellectual property which is owned by or licensed to us and is protected by international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the website. You obtain no interest in any of that intellectual property.
You must not breach any copyright or intellectual property rights connected with this website. This includes but is not limited to:
- altering or modifying any of the code or the material on this website;
- causing any of the material on this website to be framed or embedded in another website; or
- creating derivative works from the content of this website.
User Content
From time to time you may be able to communicate with other users of this website and to post content on the website (User Content).
When you add User Content to this website, you:
- must not submit any false or defamatory content;
- are solely responsible for that User Content.
- warrant that you have all necessary rights to post the User Content;
- grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use the User Content in any way and permit us to authorize any other person to use the User Content in any way; and
- you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any User Content in which any third party has moral rights, you must ensure that the third-party consents in the same manner.
We reserve the right to amend or delete or not display any and all User Content.
We do not:
- warrant the identity of any user; or
- provide any guarantees in relation to the accuracy, quality or integrity of any User Content, and we reserve the right to monitor all content and information exchanged via this website, we do not have any obligation to do so.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which Hiringcue links, and that link to Hiringcue. Hiringcue does not have any control over those
You agree to indemnify and hold harmless Hiringcue and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. including in tort, contract or negligence, arising out of or connected to:
(a) your use of or access to this website;
(b) any breach by you of these Terms and Conditions; or
(c) any willful, unlawful or negligent act or omission by you.
This defense and indemnification obligation will survive the termination or deactivation of any account you may open on this website.
We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Privacy
Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that
A.) the use of our Resources will meet your needs or requirements.
B.) the use of our Resources will be uninterrupted, timely, secure or free from errors.
C.) the information obtained by using our Resources will be accurate or reliable, and
D.) any defects in the functionality of any resources we provide will be repaired or corrected.
Furthermore, you understand and agree that any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content. No information or advice, whether expressed, implied, oral or written, obtained by you from Hiringcue or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Hiringcue will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Copyrights/Trademarks/Marketing
All content and materials available on Hiringcue, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Hiringcue and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited unless specifically authorized by Hiringcue. Hiringcue service is intended to provide you with a publicly available list of jobs, (career-page) and therefore your usage of this service is not intended to be private. Hiringcue can use your company name and mention your usage of this Service in press releases, interviews, promotional materials, presentations, websites and other self-promotional channels. You also agree that a “powered by Hiringcue” graphic or text link can be included with your job listings or emails.
Governing Law
This website is controlled by Hiringcue from our offices located in the state of Texas, USA. Most countries around the world can access it. As each country has laws that may differ from those of Texas, by accessing our website, you agree that the statutes and laws of Texas, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, Texas You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Guarantee
UNLESS OTHERWISE EXPRESSED, Hiringcue EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Contact Information
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at: support@hiringcue.com or mail us at 1212 Corporate Drive, Suite 255, Irving, Tx 75038