ActiveHire Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE ACTIVEHIRE WEB SITE (THE "WEB SITE"). BY USING THIS WEB SITE, YOU SIGNIFY THAT YOU AGREE WITH THESE TERMS AND CONDITIONS OF USE (THESE "TERMS").
ActiveHire is a unique product, offering access to a database of resumes, and you agree that by accessing the database you have waived all rights to any refunds of fees paid to ActiveHire, other than those specifically provided by our Risk Free Guarantee.
ActiveHire makes a reasonable effort to get your job postings cross-posted to as many sites as possible, including those specifically listed. However, we can't guarantee every site will accept and re-post every job every time. Particular sites may see the job as a duplicate, they may have proprietary "quality" criteria or they may have other unspecified reasons for not accepting any particular job.
We do our best to get paid jobs as wide a distribution as possible but we can't guarantee every site will accept and re-post every job every time.
The list of sites we cross-post jobs to is constantly changing, sites get added and sites fall off. The list on the website may not always be completely up to date. We make a commercially reasonable effort to keep this list current.
A. By agreeing to these Terms and payment to ActiveHire of the appropriate user fee, an individual or company becomes an authorized user ("User").
B. For monthly or quarterly subscriptions, User agrees and authorizes ActiveHire to bill User's credit or debit card every 30 days or 90 days, respectively, for the amount specified during the User registration process. User may cancel their subscription at any time by contacting ActiveHire and requesting cancellation.
C. ActiveHire authorizes a User to view and download a single copy of the material on the Web Site solely for your personal, noncommercial use.
D. The user fee is for ActiveHire' content aggregation and ease of use. The user fee is not compensation to view content on ActiveHire Web Site.
E. You may not sell or modify information found on the Web Site or reproduce, display, publicly perform, distribute, or otherwise use the information in any way for any public or commercial purpose. The use of the information on any other web site or in a networked computer environment for any purpose is prohibited.
F. Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Web Site, 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 Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing",
iv. sending unsolicited e-mail, including promotions and/or advertising of products or services, or
v. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
G. You shall not copy or adapt the HTML code that the Web Site creates to generate its pages.
H. Violations of system or network security may result in civil or criminal liability. ActiveHire will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
I. The Web Site may be used only for lawful purposes by individuals posting resumes and employers or search firms seeking employees or candidates to present to prospective employers. ActiveHire specifically prohibits any use of the Web Site, and all Users agree not to use the Web Site, for any of the following:
i. Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site.
ii. Taking any action which imposes an unreasonable or disproportionately large load on the infrastructure of this Web Site.
iii. If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.
iv. Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from the Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
v. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site.
vi. ActiveHire will immediately terminate any account which it believes, in its sole discretion, is using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from the Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer).
In addition, you agree that if ActiveHire determines, in its sole discretion, that you have accessed, viewed or downloaded or that your account has been used to access, view or downloaded resumes from the Service through the use of any engine, software, tool, agent or other device or mechanism (including without limitation spiders, robots, avatars or intelligent agents) then because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay ActiveHire liquidated damages of $0.50 for each resume or email address accessed, viewed or downloaded with or through your account, otherwise you agree to pay ActiveHire's actual damages, to the extent such actual damages can be reasonably calculated.
J. ActiveHire does not represent or guarantee the truthfulness, accuracy or reliability of resumes posted by users or ActiveHire. You acknowledge that any reliance on material posted by other users will be at your own risk. ActiveHire acts as a conduit for the online distribution and publication resumes and has no obligation to screen information in advance and is not responsible for screening or monitoring resumes.
K. User acknowledges that candidates in ActiveHire' database may not be actively seeking employment opportunities. User is solely responsible for verifying any and all candidate information. User acknowledges that ActiveHire does not verifying any candidate information, including qualifications, reference checks, employment history or any other candidate information. User further acknowledges that ActiveHire does not warrant candidates' suitability for employment, legal employment eligibility or visa status. User agrees to verify candidates' employment eligibility.
L. You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of the Web Site.
M. The aggregate liability for the ActiveHire to you for all claims arising from the use of the Web Site is limited to $100.
N. You agree in the event ActiveHire or its agent requests information pertaining to your account that you will provide said information within 48 hours of notification.
O. You agree that through your use of the ActiveHire Web Site to agree to abide by the laws of the State of Texas.
P. You agree that the forum for all litigation as a result of misuse of the ActiveHire Web Site shall be the State of Texas, not withstanding conflict of laws rules.
Q. You acknowledge that the transmission of unsolicited bulk e-mail (UBE or SPAM) is against the policies of ActiveHire, illegal in some localities, and will be vigorously prosecuted when detected.
R. You acknowledge and agree that if ActiveHire must bring an action for breach of this agreement due to unauthorized contact with candidates, you will be responsible for attorney's fees and costs associated with the action.
S. ActiveHire reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination of your user account and ability to access the Web Site and/or any other service provided to you by ActiveHire, upon any breach by you of these Terms or if ActiveHire is unable to verify or authenticate any information you submit to during the Web Site registration process.
T. ActiveHire reserves the right to expel any User or users and prevent their further access to the Web Site for violating these Terms or the law.