This agreement governs the terms and use of including but not limited to website, mobile application, and/or other services, (collectively “Services”) offered by Candid Ventures, LLC., DBA CandidHire, and/or its subsidiaries (it, we, us, our) collectively called “CandidHire”, and referred as such in this agreement. This agreement is will govern your use of services of CandidHire, unless other terms and conditions expressly govern.
By using one or more Services offered by CandidHire, you expressly, without any limitation and/or conditions, agree to be bound by terms and conditions expressed in this agreement.
1.Changes to this Agreement
We may change the terms of this Agreement at any time, with or without notifying you. The change shall be posted in writing or electronically (including without limitation, by email or by posting a notice on the Service).
By using a Service after changes are made to this Agreement you acknowledge that you agree to be bound by such changes.
If you access a Service using a password, you are solely responsible for maintaining the confidentiality of that password. You will be responsible and liable for any access to or use of a Service by you or any person or entity using your password, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent, including, without limitation, any fee-based transactions. If you provide someone else with access to your password to a Service, they will have the ability to view information about your account and make changes through the website for a Service. Similarly, if you tell someone the answer to your security question for a Service, they will be able to request information about your account and make changes through Customer Service. If you believe someone has accessed a Service using your user name and password without your authorization, please immediately notify us by contacting us via the means posted on website. You agree to notify us promptly if you change your billing and delivery addresses and email address so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address shall be deemed sufficient notice. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other service not owned by us.
3.1 Your account as Job Searcher
Individuals looking for job openings (Individual, You, Your, They as a Job Searcher collectively known as “Candidate” in this section) shall use CandidHire free. Candidate shall make use of the job openings available to them. Employers, Individuals, Corporations, and/or any other entities posting a job opening information on CandidHire website, mobile application, and/or other services offered by CandidHire, are collectively known as “Job Poster” in this section.
Candidate may have to consent to a job opening to make your job profile, and/or information, available for the job posters. Consent may be irreversible. Consent may also trigger sharing of information of a Candidate with Job Poster, and/or such information may remain with such Job Poster even after the job posting is expired in CandidHire.
3.1.2. Job Posting and accuracy
CandidHire does not have any obligation, and will not, screen the job postings for accuracy, correctness and/or in any way associated with the job details, job poster, employer, hirer, description, remuneration, benefits, location and/or any other information posted by Job Poster and/or associated with Job Posting. Candidate is solely responsible to verify and/or validate the job details posted prior to Consent. CandidHire assumes no responsibility and expressly disclaims all liability arising out of validity, accuracy, content, completeness, legality and any claims similar to such.
3.1.3. Availability of Job Posting
CandidHire does not guarantee availability of job posting and/or CandidHire platform to access job postings. CandidHire platform and Job Postings are made available on the platform “AS-IS” basis, without any guarantee and/or warranty associated.
3.1.4. Recommended Jobs
CandidHire has algorithms to automatically match your profile with a potential job. This is provided as a convenience to you “AS-IS”, without any guarantee or warranty on employer, accuracy or authenticity or offer details or salary or location or such similar claims and/or details in the job description. It is the candidate’s responsibility to perform due diligence before acting and/or providing consent on such recommendations.
3.1.6.Communication with Job Searcher
CandidHire may communicate with Candidate through any available communication medium, and/or any technology, tools and means available, related to job openings, job matchings and/or other job related information. This may also include, but not limited to, messages pushed via mobile and computers, emails, text messages and notifications on the website and/or mobile and other mediums.
By submitting your personal, non-personal and/or professional information through various Services available and/or offered by CandidHire, you agree, acknowledge and request CandidHire to use such data provided by you for job searching and matching purposes, and you request that CandidHire may pass such data and/or information to third parties which CandidHire believes assisting in job search and/or match. Such third parties may have their own terms, conditions and/or other policies which you may have to oblige to, which CandidHire is not associated with and/or control such policies, and it is beyond CandidHire’s authority.
3.1.8.Salary, Hiring and Other Information
CandidHire may provide some information and content to users for informational purposes only. For example, CandidHire may provide you with data regarding estimated salaries for a given Job Listing, or number of applicants to a Job Listing, or the likelihood that a particular event will occur such as being selected for an interview. This information provided by CandidHire is based on estimates given for informational purposes only and without warranty, and is subject to change or varying levels of accuracy. CandidHire may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to CandidHire, including from CandidHire affiliates. These figures are given to CandidHire users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.
Similarly, career-related or hiring-related information provided by CandidHire is for informational purposes only, and is in no way to be construed as professional career counseling or staffing services. You understand that CandidHire may give suggestions or information regarding best practices, however, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search. You further understand that in providing any such career or hiring guides, CandidHire is not acting as a job placement agency or staffing firm. You also understand that by referring to or using such career or hiring guides, you are not guaranteed job interviews, job placement, or assurance of being hired, and you take full responsibility for use of these services or guides. As a user of the Site, CandidHire may, from time to time, send you emails from the career or hiring guides as part of its services to you. These emails may include but not be limited to, tips on improving your resume or how to use your resume effectively in the job application process, commonly asked interview questions, next steps after you have submitted an application, and how to prepare for a new job after you have been hired.
CandidHire may offer, as part of the Services, the opportunity for you to engage with third parties, sometimes referred to as career coaches or professional writers, to discuss job search, resume writing, or career strategies, either through the Site or in person. Regardless of how you interact with them, you acknowledge that these third parties are not employees of CandidHire and that CandidHire is not responsible for the content of any such discussion. Do not share any information you consider confidential or personally sensitive with these third parties. CandidHire does not guarantee the quality or effectiveness of any advice, recommendations, or guidance you may receive from these third parties. You agree that, to the maximum extent permitted by law, CandidHire will have no liability arising from any discussion you have with such a third party.
4. Subscription Service Fees and Payments
CandidHire offers paid services to organizations and individuals, which facilitates searching personnel for employment. With respect to Paid Services, you must be 18 years of age or older to purchase a subscription to the Services or any other content, product, or service offered by us through the Services. You cannot access and/or use our services if you are less than 18 years of age.
You agree to pay the subscription fees and any other charges incurred in connection with your account for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. Subscription fees will be billed at the beginning of your subscription and any renewal. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance and an opportunity to cancel.
As a general matter, all fees and charges are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
5. Cancellation and Renewal
5.1 Term and Renewal.
This Agreement shall remain in full force and effect while you use the Services. With respect to Paid Services, your subscription will renew automatically, as mentioned in plan you subscribed to, until it is cancelled in accordance with this Section. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term.
5.2 Cancellation Policy for other subscriptions.
We may cancel your subscription at any time upon notice to you. You may cancel your subscription prior to any renewal term through the CandidHire website.
6. Third Party Payment Services
7. Changes to Services
We may discontinue or change this Services in whole or with respect to a particular Product, as well and any services or functions available through this Service, at any time. We may change the terms of this Agreement at any time, with or without, by posting a notice on the Service that the terms have been “updated”. The changes also will appear in this document, which you can access at any time by the link at the bottom of pages within the Service. You signify that you agree to be bound by such changes by using the Service after changes are made to this Agreement.
8. Availability of Service through other Platforms
If you access a Service through a mobile application or other type of third party platform, the applicable End User License Agreement for the mobile service through which you downloaded the mobile application may apply in addition to the terms of this Agreement and you agree that you are subject to such application or platforms terms in addition to this Agreement.
9. Limitations on Use.
9.1 Only one individual may access a Service at the same time using the same user name or password, unless we agree otherwise.
9.2 The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look
and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the “Content”) available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our or licensors written consent, you may not use, sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone or entity or organization
10. Additional Restrictions on Use of the Content.
10.1 You agree not to rearrange or modify the Content available through a Service. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product or service, except as otherwise expressly permitted by this Agreement. You agree not to create any derivative work based on or containing the Content. The framing or scraping of or in-line linking to the Services or any Content contained thereon and/or
the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited.
10.2 You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services. You may not access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.
10.3 You may not create apps, extensions, or other products and services that use our Content without our written permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for a subscription to a Service.
10.4 Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce the same.
10.5 You may not access or view the Services with the use of any scripts, extensions, or programs that alter the way the Services are displayed, rendered, or transmitted to you without our written consent.
10.6 You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of a Service may violate any laws, regulations or rulings, infringe upon another person’s rights or violate the terms of this Agreement.
10.7 Grant of Rights and Representations by You. If you upload, post or submit any User Content on a Service, you represent to us that you have all the necessary legal rights to upload, post or submit such User Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting or submitting information on the Services, you grant CandidHire, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable right and license to use, distribute, publicly perform, display, translate, adapt, reproduce, and create derivative works from your User Content in any and all media or technology, now known or later developed, in any manner, in whole or part, with or without attribution, without any duty to compensate you. You waive all moral rights you may have in any User Content. You agree that we may modify or alter your User Content without seeking further permission from you. You also grant us the right to authorize the use of User Content, or any portion thereof, by subscribers and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your User Content specifically on the Services and to allow other subscribers or users to request access to your User Content, such as for example through an RSS Feed. You agree that you are financially responsible for any claim against us arising from any User Content you
10.8 We may also remove any User Content for any reason and without notice to you. This includes all materials related to your use of the Services or subscription, including email accounts, postings, profiles or other personalized information you have created while on the Services.
11. Contest and Other Promotions
From time to time, we, our advertisers, or other parties may conduct promotions and other activities on, through or in connection with one or more of the Services, including, without limitation, contests and sweepstakes (collectively, “Promotions”). In some case, you may be able to win a prize (“Prize”) as part of a Promotion. We Each Promotion may have Additional Terms and/or Rules or eligibility requirements which shall be posted or otherwise made available to you in connection therewith in accordance with applicable law. It is null and/void, shall be automatically treated as such, even if you actively participate in such contest and promotions, in such
jurisdictions where it is considered illegal by applicable law.
12. Rewards Programs
From time to time, we may offer rewards programs, through or in connection with one or more of the Services, including, without limitation, referrals and third party promotions (collectively, “Rewards”). You may be awarded cash and/or cash equivalent . Rewards program may have additional Terms and/or Rules or eligibility requirements which shall be posted or otherwise made available to you in connection therewith in accordance with applicable law. It is null and/void, shall be automatically treated as such, even if you actively participate in such programs, in such jurisdictions where it is considered illegal by applicable law.
13. Third Party Web Sites, Products and Services
14. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY.
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT, TOOLS, PRIZES AVAILABLE THROUGH THE SERVICES IS ON AN “AS-IS”, “AS AVAILABLE” BASIS. WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (A) ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF A SERVICE, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY US, INCLUDING ANY MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SERVICES OR AVAILABLE THROUGH THE SERVICES, AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE DON GUARANTEE OR WARRANT THAT (A) THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, (B) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION (C) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (D) THAT THE CONTENT ON THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THE SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES. CANDIDHIRE AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (“THE CANDIDHIRE PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES OR SUCH CONTENT, TOOLS, OR PRIZES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE CANDIDHIRE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE CANDIDHIRE PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold harmless us, our parent, subsidiaries, and affiliates, and respective successors and assigns, owners, directors, officers, managers, employees, shareholders, agents, representatives, advertisers, operators, suppliers, service providers and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising in any way out of or in connection with your use of a Service, your breach or violation of this Agreement or your User Content. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or
compromise under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
16. DISPUTE RESOLUTION, AGREEMENT TO ARBITRATE, AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT.
16.1 BINDING ARBITRATION. Any and all controversies or claims arising out of or relating to this Agreement or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved by binding, individual arbitration, with the limited exception of the following: 1) any statutory or common law claim involving intellectual property, and 2) any claim brought in small claims court where the amount in controversy is properly within the jurisdiction of such small claims court (collectively, the “Excluded Claims”). YOUR AGREEMENT TO ARBITRATION MEANS, EXCEPT FOR THE EXCLUDED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY. INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR.
16.2 WAIVER OF CLASS ARBITRATIONS AND CLASS ACTIONS. YOU AND US AGREE THAT YOU EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A NAMED PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION, OR ANY FORM OF REPRESENTATIVE PROCEEDING. YOU AGREE THAT FOR ALL DISPUTES BETWEEN US THERE WILL BE NO CLASS ARBITRATIONS OR CLASS ACTIONS IN ANY FORUM. This means that by entering into this Agreement, any arbitration under this Agreement will take place on an individual basis only andthe arbitrator shall not allow any class arbitrations or class proceedings, and shall not aggregate claims of multiple parties. This also means that by entering into this Agreement, independent of the agreement to arbitrate and waiver of class arbitration, you are giving up the ability to participate in or bring a class action in court for any and all claims, including but not limited to the Excluded Claims.
16.3 All arbitrations under this Agreement will be administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules (the “Arbitration Rules”). Contact information for the American Arbitration Association, as well as copies of the Rules and applicable forms, are available at http://www.adr.org.
16.4 All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration and class action waiver provisions are for the court to decide. As noted in Section 15 below, Florida law applies to any arbitration under this Agreement, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement.
16.5 In circumstances in which the Arbitration Rules provide for an in-person hearing, such hearing will take place in the U.S. county (or parish) of your residence, or otherwise in the County of Orange in the State of Florida, unless you and we both agree otherwise in writing. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, except as follows: if your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA to initiate arbitration.
16.6 Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the County of Orange in the State of Florida.
16.7 To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties.
This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign or transfer your rights or obligations under this Agreement to anyone, but may be assigned or transferred by us without restriction, notice or other obligation to you No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims and disputes arising from this Agreement will be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for Excluded Claims litigation, and for any other controversy or claim for which arbitration is denied for any reason, will be an appropriate federal or state court with proper jurisdiction located in the County of Orange in the State of Florida. Our failure to enforce any provision of this Agreement or to respond to a breach by you or other parties of this Agreement shall not in any way waive our rights to subsequently enforce any term or condition of this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If for any reason an arbitrator or court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to give effect to the intent of the Agreement, and the remainder of the Agreement will continue to be valid and enforceable in full force and effect.