Terms and Conditions for Using the Hiring Detective Web Site
1. Introduction. Please read this web page carefully. It contains the Terms and Conditions governing your access to and use of the Hiring Detective Web Site. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you cannot use this Site. If you are an employer using the Site, you may have entered into a Service Agreement with Hiring Detective, in which case these Terms and Conditions, including the Exhibits attached hereto, are part of and incorporated into that Service Agreement. These Terms and Conditions are effective as of November 1, 2007.
2. Binding Agreement. These Terms and Conditions, together with all Exhibits to these Terms and Conditions (as they may be amended from time to time by Hiring Detective) form a binding agreement (the "Agreement") between you and SciTech Services, Inc., doing business as and hereinafter referred to as “Hiring Detective”. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
3. Certain Definitions. The following definitions apply to this Agreement:
"Hiring Detective Web Site", the "Web Site", and/or the “Site” includes “www.hiringdetective.com” in its entirety and its related sites owned or operated by Hiring Detective, and includes their Content, Text, Graphics, Design, Programming and Services as applicable in the context.
"Content" includes all Text, Graphics, Design and Programming used on the Site.
"Design" includes the color combinations and the page layout of the Site.
"Document" refers to any posting to the Site, whether job opening or resume'.
"Employer" means a person or entity that is accessing the Site to post a job or for any reason related to the purpose of seeking candidates for employment on its own behalf.
"Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners and links (if any).
"Job Seeker" means a User (including, but not limited to, a person seeking career enhancing opportunities) who is accessing the Site to search for a job or to post a resume’.
"Programming" includes both client-side code and server-side code used on the Site.
"Services" means any services provided on the Site by Hiring Detective or its agents.
"Text" includes all text on every page of the Site, whether editorial, navigational, instructional, or informational.
"Third party recruiter" refers to a User who is not a Job Seeker or Employer.
"User" refers to any individual or entity who uses any aspect of the Site.
"You" and "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
4. Acceptable Use of the Site.
4.1 General Use Rules. The Site is intended for individuals seeking or considering employment enhancing possibilities; and for employers or recruiters seeking candidates for employment. You may use this Site only for lawful purposes within the stated context of Hiring Detective's intended and acceptable use of the Site. Hiring Detective is the sole interpreter of the Site’s intended and acceptable use
4.2 License to Use by Users who are Job Seekers. Hiring Detective hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking or considering employment enhancing possibilities for yourself. You agree that you are solely responsible for the content of any Document posted for you to the Site and any consequences arising from such posting. Your use of the Site is a privilege. Hiring Detective reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
4.3 License to Use by Users who are employers. Hiring Detective hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. You may not sell, transfer or assign any products or services or your rights to any products or services provided by Hiring Detective to any third party without the express written authorization of Hiring Detective. You agree that you are solely responsible for the content of any Document posted for you to the Site and any consequences arising from such posting. Hiring Detective reserves the right to suspend or terminate your access and use at any time if Hiring Detective determines that you are in breach of any of these Terms and Conditions.
4.4 Other Specific Rules. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions and all applicable laws.
5. Intellectual Property Rights. The Site and all right, title and interest in and to the Site, and any programming codes, icons, images, design and layout hereunder and in relation hereto, are the sole property of Hiring Detective or its licensors. Except for the limited licenses expressly granted to you in these Terms and Conditions, Hiring Detective reserves for itself and its licensors all other right, title and interests. 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. "Hiring Detective," and any derivations thereof are the exclusive property of Hiring Detective. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also the property of Hiring Detective.
6. Disclaimers and Limitations on Hiring Detective's Liability.
6.1 Allocation of Responsibility Hiring Detective assumes no responsibility for Documents posted for Users and no responsibility for the activities, omissions or other conduct of Users. Hiring Detective acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted for Users. If notified by a User of a Document which allegedly does not conform to this Agreement, Hiring Detective may investigate the allegation and determine in good faith and in its sole discretion to remove such Document. Hiring Detective has no liability or responsibility to Users for performance or nonperformance of such activities. Hiring Detective may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
6.2 No endorsements by Hiring Detective. Nothing on this Web Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to this Web Site, products, services, hiring, experience, employment and/or recruiting practices.
6.3 No Guaranty of Results. Hiring Detective is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of this Web Site in meeting the employment objectives of Users. Hiring Detective does not guarantee that Documents posted for Users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any User.
6.4 WARRANTY DISCLAIMERS
(a) The Web Site is provided on an 'as is' basis without any warranties of any kind, express or implied. Hiring Detective, to the fullest extent permitted by law, disclaims all warranties, including, but not limited to, the warranties of merchantability, title, non-infringement of third parties’ rights and fitness for particular purpose. Hiring Detective makes no warranties about the accuracy, reliability, completeness, or timeliness of the Web Site.
(b) Without limitation on the foregoing: (i) Hiring Detective does not warrant that the Web Site will operate error-free or that the Web Site and its servers are free of computer viruses or other harmful mechanisms. If your use of the Web Site results directly or indirectly in the need for servicing or replacing equipment or data, Hiring Detective is not responsible for those costs. (ii) Hiring Detective makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Documents posted for Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted for Users, or on any other form of communication with Users, will be at your own risk. (iii) Hiring Detective makes no representations or guarantees regarding the Content of the Web Site, including, but not limited to, broken links, inaccuracies or typographical errors.
6.5 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) You assume all responsibility and risk for your use of this Web Site, the Internet generally, and the documents posted for you or access and for your conduct on and off this Web Site.
(b) In no event shall Hiring Detective (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 Web Site and/or any document, whether based on warranty, contract, tort, or any other legal theory, and whether or not Hiring Detective is advised of the possibility of such damages.
(c) Because some States or Jurisdictions do not allow the exclusion or 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 Hiring Detective’s maximum liability to you for any non-direct type of damages shall be limited to U.S. $200.00 in the aggregate.
(d) In no event shall Hiring Detective (or any of its officers, directors, shareholders, employees, affiliates, agents or advertisers), be liable for any direct damages in excess in the aggregate of U.S. $200.00 (or if you are any employer with a services agreement with Hiring Detective, the amounts actually paid by you to Hiring Detective under this Agreement if greater than U.S. $200.00).
(e) Due to the nature of this Agreement, in addition to money damages, you agree that Hiring Detective will be entitled to equitable relief upon a breach of this Agreement by you.
7. Amendments to this Agreement and Changes to Web Site. Hiring Detective may revise this Agreement at any time by updating this page. Changes will be binding on you on the date they are posted on this Web Site (or as otherwise stated in any notice of such changes). Any use of this Web Site 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 this Web Site any longer. Any new or different terms supplied by you are specifically rejected by Hiring Detective unless Hiring Detective agrees to them in a signed writing specifically including those new or different terms. Hiring Detective may change this Web Site at any time in its sole and unfettered discretion.
8. Indemnity. You agree to defend, indemnify, and hold harmless Hiring Detective (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of this Web Site, any Document posted for you, or your breach of this Agreement. Hiring Detective shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
9. Questions and Notices. Questions concerning the use of the Site should be directed to Hiring Detective using the contact page. Notices shall be sent, for Hiring Detective, to the address listed on the Site, and, for you, to the address submitted by you or such other address as Hiring Detective reasonably determines is an appropriate address for you.
10. General. Hiring Detective contact information is listed on the Site. Hiring Detective makes no claims that the Content is appropriate or may be used outside of the United States. 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 Site. If you access Hiring Detective from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the laws of the State of Louisiana, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in the State of Louisiana. The sole relationship between You and Hiring Detective is that of independent contractors. If any provision of this Agreement 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 this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to this Web Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Hiring Detective in a particular "Legal Notice," or software license or material on particular Web pages of the Site or any fee payment contracts, this Agreement, constitutes the entire agreement between you and Hiring Detective.
Exhibit A -House Rules regarding Posting and Conduct. Hiring Detective is the sole interpreter of these rules. Users who violate these rules will have their access and use of the Site suspended or terminated at Hiring Detective's discretion. Hiring Detective reserves the right to change these rules in accordance with the amendment policy in the Terms and Conditions to which this Exhibit A is attached.
A1. Posting Rules:
(a) Your Document may not contain: (i) URLs or links to Web sites; (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets; (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) hidden or disguised words or white text keywords; (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) 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 chain letters or pyramid schemes; or (iv) post opinions or notices, commercial or otherwise.
(c) Job postings must be individual openings for traditional, W-2 or 1099 employees.
(d) Resume’ postings must contain the accurate resume’ of a living individual seriously interested in career enhancing opportunities on a full-time, part-time, or contractual basis on his or her own behalf.
(e) Third party recruiter databases: job openings and candidate resumes’ are posted to their appropriate “third party recruiter” databases in manner consistent with the way other material is posted to the respective databases. Hiring Detective makes no claim to the accuracy of the content of these third party recruiter postings and cannot be held responsible for any inaccurate information represented by third party recruiters. Once Hiring Detective has made an introduction between a third party recruiter and an interested party, Hiring Detective does not participate in any activities or business arrangements between individuals and third party recruiters or between companies and third party recruiters.
A2. Conduct Rules:
(a) You may not respond to postings in any manner or for any purpose other than that which is expected (e.g., to apply for an employment opportunity or to initiate discussion).
(b) You may not send unsolicited commercial email to Users.
(c) Report inappropriate postings or conduct to Hiring Detective using the contact page.
(d) If at any time during the term of this Agreement, Hiring Detective comes to the understanding that you: (i) misled Hiring Detective of your business practices and/or services, or (ii) used this Site for any activities other than its intended and/or stated purposes, or (iii) misrepresented your expertise and/or background, Hiring Detective reserves the right to terminate this Agreement with you and delete your material from the Site.
(e) Hiring Detective is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported.
