Terms of Use

HIREFINDERS.COM^TM TERMS AND CONDITIONS OF USE AGREEMENT

Thank you for visiting HireFinders.com^TM (“HireFinders” or the “Website”). Please read and review the following terms and conditions of use agreement carefully before using HireFinders and associated services (the “Services”). By using HireFinders you agree to this Terms and Conditions of Use Agreement (the “Agreement”). If you do not agree, you are not authorized to use HireFinders or this Website in any manner and should not register or provide any information to HireFinders.

HireFinders Terms of Service
The terms and conditions set forth below, as amended from time to time ("Terms"), govern the use, in any manner, of this Website are legally binding on you. If you do not agree with any of these Terms, do not access or otherwise use this Website and/or the Services or any information contained on the Website. Your use of HireFinders and/or the Services on this Website shall be deemed to be your agreement to abide by each of the Terms set forth in this Agreement. You agree that HireFinders may make changes to the Terms and Services it offers at any time without notice. HireFinders will post updated version of these Terms on the Website and advises users to regularly review these Terms. Your continued use of HireFinders and/or the Services on the Website shall constitute your continuing consent to the Terms.

Use of HireFinders
Unless specified otherwise, your use of HireFinders is governed by this Agreement and the HireFinders Privacy Policy, which is incorporated herein. Modifying, distributing, transmitting, reproducing, publishing, licensing, transferring, or selling any information, products or services obtained or viewed on the Website is prohibited. You may display, download, or print hard copies of any material contained on the Website for your own personal, non-commercial use, provided you do not modify the content or delete any copyright, trademark, or other proprietary marks or notices. Any other use of the information contained on the Website is prohibited without express advance written consent from HireFinders.

HireFinders offers these Services for use by candidates or individuals seeking employment (“Job Seekers”) and hiring managers, employment agencies, recruiters, direct hiring companies and human resource professionals (“Employers”). HireFinders does not guarantee that Job Seekers will obtain employment by using the Website or that Employers will obtain an appropriate Job Seeker to fill a position.  HireFinders does not solicit offers of employment to Job Seekers; it provides a medium through which Job Seekers and Employers may connect.

General Use Restrictions
All information, documents and Services provided on HireFinders, including trademarks, logos, graphics and images ("Materials") are provided to you by HireFinders. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.

HireFinders grants you the limited license to display the Materials only on your personal computer, and to copy and download the Materials displayed on the Website, provided that: (1) all trademark and/or copyright notices (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded; and (2) such display, copy or download is solely for your personal and/or internal business purpose as an Employer. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license shall terminate automatically, without notice, if you breach any of these Terms. Upon termination of your license, HireFinders shall have all legal rights available to it including the removal of your postings from the Website and/or discontinuance of all Services with or without cause. Upon any termination of this limited license, you agree to immediately destroy any electronic or printed Materials and cease using HireFinders and/or the Services.

You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of HireFinders and the Services. Such prohibited conduct includes, without limitation, any efforts to (a) access an account with a password not assigned to you, (b) access personally identifiable information not intended for you, (c) test the security measures on the Website and/or attempt to identify system vulnerabilities, (d) impersonate any other user of the Website and/or the services, forge any of the header information in any posting, tamper with the TCP/IP packet header, (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for HireFinders and/or the Services, or (f) overwhelm or disable HireFinders or the services or interfere with the access and use of HireFinders and/or the Services by any other user. If HireFinders becomes aware of any of the foregoing activities, HireFinders may take such actions it deems appropriate. Your continued use of HireFinders and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions stated in this Agreement. Without limiting the generality of foregoing, you acknowledge that HireFinders expressly prohibits, and you agree not to:
• Provide any false or misleading information about your identity or employment information;
• Post any false or inaccurate Posts (defined below);
• Use the Services and/or HireFinders to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person;
• Post any Posts or information that is abusive, defamatory, discriminatory, hateful, obscene, vulgar, sexually-orientated, threatening, or otherwise objectionable (HireFinders will be the sole arbiter of whether content is inappropriate);
• Harass, stalk, or otherwise subject any other user of HireFinders to unwanted and/or inappropriate contact;
• Post any position or business opportunity which requires payment from the applicant or requires recruitment of other individuals, sub-distributors or sub-agents such as a multilevel marketing scheme, pyramid scheme, franchise or distributorship arrangement;
• Post positions that employ full-time, part-time, consultants or interns that are NOT on your payroll -- employment agencies, recruiters and headhunters are prohibited from using HireFinders;
• Use HireFinders, the Services and/or Materials for any purpose other than that described on the Website by HireFinders;
• Make unsolicited communications and/or advertise any products or services either through Posts on HireFinders or other unsolicited contacts with any user;
• Revise and/or delete any Posts by any user without the express written authorization of such other user;
• Take any action that imposes an unreasonable or disproportionately large burden on HireFinders's infrastructure;
• Include any hyperlinks or any misleading, irrelevant and/or hidden keywords in any Posts;
• Intentionally expose HireFinders to any computer virus or any other program or code intended to disrupt or disable to operations of HireFinders;
• Use any robot, spider or other program or device to retrieve or index any portion of HireFinders;
• Harvest or otherwise collect information about other users for any purpose other than use of HireFinders and/or the Services; and/or
• Publish fake or irrelevant content.

Account Registration and Password Protection
Prior to accessing certain Services on the Website, HireFinders will require you to set up a user name and password (the "Password(s)") in the account registration procedures posted on HireFinders. You agree to comply with the procedures specified by HireFinders from time to time regarding obtaining and updating Passwords for HireFinders and the Services. You agree to assume sole responsibility for the security of Passwords. Passwords are subject to cancellation or suspension by HireFinders at any time, including upon the misuse of any and the re-issuance or reactivation of Passwords. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your Password, and you shall inform HireFinders immediately in writing of any actual or potential unauthorized access to a Password or to the Website and/or the Services.

Activity Points
HireFinders provides contests through which you may earn monthly cash rewards.  Activity Points will be earned as provided on the Website.  Cash awards will range from a minimum of $250 to a maximum of $10,000 per month based upon the terms of the contests as provided on the Website.  HireFinders will make payment to you within a reasonable period, usually within 30 days.  All winners are solely responsible for any and all taxes and/or fees and additional costs that may be incurred.  Persons under the age of 18 are ineligible for all contests.  All contests are null and void where prohibited by law.  HireFinders reserves the right to alter the terms and conditions of, or terminate, the contests at any time, with or without notice.  A complete profile including name, email and phone number is required and must be true and accurate in order to be elligible to win.  No purchase or payment of any kind is required to participate in the contests.  HireFinders reserves the right to condition the payment of cash rewards upon the execution of a release or affidavit of eligibility.

Third Party Content
Third parties may provide certain information and content to HireFinders ("Third Party Content"). The Third Party Content is, in each case, the protected work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. HireFinders disclaims all warranties and conditions with regard to Third Party Content, including all implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Links To Third Party Sites
HireFinders may provide links to other websites or resources over which HireFinders does not have control ("External Websites"). Such links do not constitute an endorsement by HireFinders of those External Websites. You acknowledge that HireFinders is providing these links to you only as a convenience, and further agree that HireFinders is not responsible for the content of such External Websites. Your use of External Websites is subject to the terms of use and privacy policies, as applicable, stated the External Websites.

Privacy Policy
Your use of the Site is governed by the HireFinders Privacy Policy that is available at http://www.hirefinders.com/privacy ("Privacy Policy").

Posts
You acknowledge that you are responsible for the information and material that you post to HireFinders ("Post(s)”), and that you, and not HireFinders, will have full responsibility for each such Posts, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Posts provided by you in connection with HireFinders are provided on a non-proprietary and non-confidential basis. Subject to compliance with our Privacy Policy, you agree that HireFinders shall be free to use or disseminate Posts on an unrestricted basis for any purpose. If you submit information to HireFinders, you grant HireFinders a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Posts. No information you submit shall be deemed confidential. However, HireFinders agrees to use your information in accordance with HireFinders ‘s Privacy Policy applicable to personally identifiable information. You retain ownership of any copyrights or other intellectual property rights applicable to any information you submit to HireFinders. Notwithstanding the foregoing, you hereby assign to HireFinders all right, title and interest in and to any new feature that you may suggest or submit to HireFinders and you acknowledge and agree that HireFinders may use such suggestion or Posts in any manner, including, without limitation, to develop features for HireFinders.

Trademarks & Copyrights
The trademarks, service marks, brands, names, logos and designs ("Trademarks") of HireFinders or others used on HireFinders are the property of HireFinders or their respective owners. You may not remove or alter any Trademark, or use any trademark displayed on HireFinders without the express prior written permission of HireFinders or the respective owner, and nothing contained on HireFinders grants by implication, waiver, estoppels or otherwise, any right to use such Trademarks. All of the Materials appearing on HireFinders and in the Services, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of HireFinders, Copyright © 2009, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Indemnification
You hereby agree to indemnify and hold HireFinders and its subsidiaries, affiliates, shareholders, officers, directors, agents, advisors, co-branders, partners, and employees harmless from any and all claims, demands, expenses, actions, judgments and awards, (including attorney's fees, costs and settlement costs), made by any third party due to or arising out of your (a) use of HireFinders, the Website, the Services, and Materials in any manner whatsoever, (b) breach of this Agreement, (c) violation of the rights of any Job Seeker or Employer, and/or (d) violation of any laws, rules or regulations.

Disclaimer of Warranty
You acknowledge and agree that HireFinders and/or the Services may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by HireFinders, and agree that HireFinders does not warrant the accuracy or timeliness of any content on the Website and further agree that HireFinders has no liability for any errors or omissions in such content, whether provided by HireFinders or its licensors.

HireFinders makes no representations, warranties, or guarantees as to the quality, suitability, truth, accuracy or completeness of any content contained on the Website and/or the Services, including without limitation the Materials and any Third Party Content. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the Website and/or the Services and any information or Materials contained on the Website is provided to you on an "as is" and "where-is" basis, and is for personal use or internal business use only. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed.

Limitation of Liability
You expressly understand and agree that HireFinders shall not be liable to you or any third party for any direct, indirect, incidental, special, consequentional and/or exemplary damages included but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if HireFinders has been advised of the possibility of such damages), to the fullest extent permitted by law.  Your sole remedy under this Agreement is the cancellation of your account.  If applicable law does not permit such limitation, the maximum damages to which you may be entitled will be equal to the amounts you pay to HireFinders, if any.  You hereby Release HireFinders from any and all obligations, liabilities, and claims in excess of the limitations set forth in this section.  The negation of damages set forth herein is a fundamental element of the basis of the bargain between you and HireFinders and HireFinders would not provide you with access to the Website or its Services without such limitations.

Injunctive Relief
You agree that any unauthorized use of the Website and/or the Services would result in irreparable injury to HireFinders for which money damages would be inadequate.  In such event, HireFinders shall have the right, in addition to other remedies available to it pursuant to this Agreement, to immediate injunctive relief against you and/or any unauthorized user.  Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory, or other claims that HireFinders may have under separate legal authority.

Miscellaneous
This Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles).  Should a dispute arise concerning the terms and conditions of this Agreement, or the breach thereof by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association.  Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction.  Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration.  Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.  This Agreement is personal between you and HireFinders and governs your use of the Website and/or the Services, superseding any and all prior and/or contemporaneous agreements between you and HireFinders.  This Agreement is not transferable and any attempt by you to rent, lease, sublicense, assign or transfer any of the rights, duties and/or obligations here under is void at its inception.  To the extent that anything in or associated with the Website and/or the Services conflicts or is inconsistent with this Agreement, this Agreement shall control.  The failure by HireFinders to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  The parties do not intend that any agency or partnership relationship be created through operation of this Agreement.

Notices, Updates & Email Communications from HireFinders
HireFinders will periodically send email communications to you regarding updates to the Website and Services, new features, scheduled maintenance, alerts, holiday wishes and amendments to these Terms of Use and the Privacy Policy.  You agree to accept such email communications and acknowledge that such communications are necessary to the orderly operation of HireFinders and the Website.
 

Availability of HireFinders
HireFinders is generally available to users Twenty-Four (24) hours per day, Seven (7) days per week, Three Hundred Sixty-five (365) days per year. However, HireFinders retains the right to make our Website unavailable at any time, for any reason, and for any length of time. By using HireFinders, you agree that HireFinders will not be liable for any damages arising out of or related to any such interruption, suspension, or termination of the Website and/or Services.

Last Updated: September 2009