Terms of Service
Last Updated: December 21, 2012
Your use of HireIQ Solutions’ web site (the “Services”) is subject to the terms of a legal agreement between you and HireIQ Solutions, Inc., whose principal place of business is at 3340 Peachtree Rd NE, Suite 1010, Atlanta, Georgia 30326 USA (“HireIQ Solutions”). Unless otherwise agreed in writing with HireIQ Solutions, your agreement with HireIQ Solutions includes the terms and conditions set out in this document and the terms of any legal notices applicable to the Services which we may make available to you (collectively, the “Terms”). In these Terms, “you” or “your” means any person or entity using the Service. Unless otherwise stated, “we” or “our” will refer collectively to HireIQ Solutions and its suppliers, licensors, subsidiaries, and affiliates. Please read these Terms carefully before using the Services.
Accepting the Terms
In order to make use of the Services or access the website, you must first agree to the Terms. Do not use the Services or access the website if you do not agree to the Terms. You can accept the Terms by browsing the website or using the Services, whereby you understand and agree that we will treat your browsing or use of the Services as acceptance of the Terms.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with HireIQ Solutions, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
To use the Services, you may be required to register with HireIQ Solutions and provide information about yourself as part of the registration process for the Services. You agree that, (a) any registration information you give to HireIQ Solutions will be accurate, correct, and current, (b) you are responsible for maintaining the confidentiality of user names and passwords associated with any account you use to access the Services, (c) you will be solely responsible to HireIQ Solutions for all activities that occur under your account, and (d) if you become aware of any unauthorized use of your account, you agree to notify HireIQ Solutions immediately.
Privacy and your Personal Information; Confidentiality
You acknowledge that the Services and other information provided by HireIQ Solutions to you represent confidential information of HireIQ Solutions. Therefore, you agree to (a) hold such confidential information in confidence, applying commercially reasonable measures but never less than a reasonable standard of care, (b) not, directly or indirectly, copy, reproduce, distribute, manufacture, duplicate, reveal, report, publish, disclose, cause to be disclosed, or otherwise transfer the confidential information to any third party, or (c) not make use of the confidential information other than for the permitted purposes under these Terms. The nondisclosure and confidentiality obligations set forth in this paragraph shall survive termination of these Terms between HireIQ Solutions and you for any reason, and shall remain in effect with respect to trade secrets for as long as HireIQ is entitled to protection thereof as a trade secret under applicable law, and with respect to confidential information for a period of five (5) years after termination of these Terms.
Use of Services
HireIQ Solutions authorizes you, and you agree, to use the Services solely for your personal use and for purposes permitted in these Terms and any applicable laws or regulations.
The Services are protected under United States and foreign copyright, trademark (and other) laws. Unauthorized use of the Services may violate these laws, and is strictly prohibited. You acknowledge and agree that HireIQ Solutions (or our licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights in the Services. You agree, (a) not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services and (b) not to sell, reproduce, display, publicly perform, distribute, or otherwise use the Services in any other manner that is likely to cause confusion among consumers, that disparages or discredits HireIQ Solutions or its licensors, that dilutes the strength of HireIQ Solutions’ or its licensor’s property, or that otherwise infringes HireIQ Solutions’ or its licensors’ intellectual property rights.
Unless you have agreed otherwise in a separate written agreement with HireIQ Solutions, you agree not to, (a) access (or attempt to access) any of the Services by any means other than through the user interface that is provided by HireIQ Solutions, (b) use any of HireIQ Solutions’ trade names, trademarks, service marks, logos, domain names, or brands, or (c) sell, resell, reproduce, duplicate, copy, or trade the Services for any purpose.
The Services may include hyperlinks to other web sites or content or resources. HireIQ Solutions may have no control over any web sites or resources that are provided by companies or persons other than HireIQ Solutions. You acknowledge and agree that HireIQ Solutions is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that HireIQ Solutions is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
The Services may be used only for lawful purposes. HireIQ Solutions specifically prohibits any other use of the Services, and you agree not to do any of the following: (a) use the Services for any purpose other than their intended purpose (including but not limited to using the Services to sell or promote any products or services), (b) post or submit to the HireIQ Solutions’ websites any incomplete, false or inaccurate biographical information or information which is not your own, (c) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to any other user(s) of the Services, (d) delete or revise any material posted by any other person or entity, (e) take any action that imposes an unreasonable or disproportionately large load on the Services’ infrastructure, (f) notwithstanding anything to the contrary contained herein, use or attempt 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 the content of the Services, (h) aggregate, copy or duplicate in any manner any of the content or information available from the Services, without express written consent from HireIQ Solutions, or (i) frame or link to any content or information available from the Services.
You are also prohibited from violating or attempting to violate the security of any of HireIQ Solutions’ websites, including without limitation, the following activities: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without written authorization from HireIQ Solutions, (c) attempting to interfere with service to any other user of the Services including, without limitation, via means of submitting a virus to the HireIQ Solutions’ websites, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) taking any action in order to obtain Services to which you are not entitled; or (f) using the Services to create, transmit, distribute, or store material that (i) violates the intellectual property rights of third parties, (ii) violates the privacy, publicity, or other personal rights of third parties, (iii) impairs the privacy of communications of any party, or (iv) assists or permits any persons in engaging in any of the activities described above. Violations of system or network security may result in civil and/or criminal liability.
Content and Submissions
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages, audio files or other materials which you may have access to as part of the Services (“Content”) is the sole responsibility of the person from which such Content originated.
You (or a third party licensor, as appropriate), and not HireIQ Solutions, retain all trademarks and copyrights you may already hold in Content you submit, post or display on or through the Services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content, you grant HireIQ Solutions a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, distribute, and publish such Content through the Services. In addition, by submitting, posting or displaying Content which is intended to be available to the general public, you grant HireIQ Solutions a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, distribute, and publish such Content for the purpose of promoting the Services and other HireIQ Solutions’ products and services. HireIQ Solutions will discontinue this licensed use within a commercially reasonable period after such Content is removed from our servers. HireIQ Solutions reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You agree that this license includes a right for HireIQ Solutions to make your Content available to other companies, organizations, or individuals with whom HireIQ Solutions has relationships for the provision of the Services.
You represent and warrant to HireIQ Solutions that you have the right to grant, or that the holder of any rights has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the licenses stated above.
You understand that HireIQ Solutions, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media, and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
HireIQ Solutions has no obligation to screen Content, communications or information in advance and is not responsible for screening or monitoring Content posted by any user of the Services. However, HireIQ Solutions may review and remove any Content that, in its sole judgment, violates the Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, users of the Services. HireIQ Solutions reserves the right to prevent you from further access to the Services for violating the Terms or applicable laws, rules or regulations. HireIQ Solutions may take any action with respect to Content that it deems necessary or appropriate in its sole discretion if it believes that such Content could create liability for HireIQ Solutions, damage HireIQ Solutions’ brand or public image, or cause HireIQ Solutions to lose (in whole or in part) the services of its ISPs or other suppliers.
HireIQ Solutions does not represent or guarantee the truthfulness, accuracy, or reliability of Content or endorse any opinions expressed by users of the Services. You acknowledge that any reliance on material posted by other users will be at your own risk. HireIQ Solutions may delete any Content that HireIQ Solutions, in its sole discretion, deems inappropriate.
Even if the Service itself is free, you may still incur charges incidental to using the Services, for example, charges for Internet access, international and/or long distance phone service, text messaging, or other data transmission. You are responsible for the payment of any and all such charges.
The Terms will continue to apply until terminated by either you or HireIQ Solutions as set forth below.
You may cancel your legal agreement with HireIQ Solutions at any time by (a) notifying HireIQ Solutions in writing, (b) ceasing to use the Services, and (c) closing your accounts for all of the Services which you use, if we have made this option available to you. Your cancellation of the Services will not alter your obligation to pay all charges incurred prior to your effective date of termination.
HireIQ Solutions may terminate its legal agreement with you if, (a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms), or (b) HireIQ Solutions is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful), or (c) the partner with whom HireIQ Solutions offered the Services to you has terminated its relationship with HireIQ Solutions or ceased to offer the Services to you, or (d) HireIQ Solutions is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service, or (e) the provision of the Services to you by HireIQ Solutions is, in HireIQ Solutions’ opinion, no longer commercially viable.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and HireIQ Solutions have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this termination, and the provisions of the Jurisdiction sections below shall continue to apply to such rights, obligations and liabilities indefinitely.
THE SERVICES AND ITS CONTENT ARE PROVIDED “AS IS” AND HIREIQ SOLUTIONS, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES INCLUDING, WITHOUT LIMITATION (A) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW; (B) THAT ACCESS TO THE SERVICES OR ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (C) THAT THE USE OR THE RESULTS OF THE USE OF THE SERVICES WILL BE CORRENT, ACCURATE, RELIABLE, OR OTHERWISE. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU (AND NOT HIREIQ SOLUTIONS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM COMPUTER MALFUNCTION, VIRUSES OR THE LIKE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
HIREIQ SOLUTIONS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE INTERVIEW/APPLICATION PROCESS, INCLUDING WITH RESPECT TO THE QUESTIONS ASKED OF APPLICANTS DURING SUCH PROCESS. TO THAT END, YOU EXPRESSLY WAIVE ANY AND ALL CLAIMS AGAINST HIREIQ SOLUTIONS THAT MAY ARISE FROM OR MAY BE RELATED TO SUCH PORTION OF THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY AND ALL CLAIMS UNDER THE FEDERAL EQUAL OPPORTUNITY EMPLOYMENT LAWS. THE FOREGOING does not prohibit you from communicating with the Equal Employment Opportunity Commission or any other governmental agency, provided that you do not seek personal relief from any such agency based upon any claim released herein.
Limitation of Liability
Subject to the Warranty provisions above, neither HireIQ Solutions, nor its subsidiaries, affiliates, or licensors, shall be responsible or liable to you for any direct, indirect, incidental, special consequential or exemplary damages of any kind which may be incurred by you, however caused and under any theory of liability, including, without limitation, lost business or profits, loss of goodwill or business reputation, loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss that may result from your use of the Services. The limitations on HireIQ Solutions’ liability to you shall apply whether or not HireIQ Solutions has been advised or should have been aware of the possibility of any such losses arising.
In the event that you use the HireIQ Solutions’ website, Content, or Services, or any portion thereof, in any manner not authorized by HireIQ Solutions, or if you otherwise infringe any intellectual property rights or any other rights relating to other users, you agree to indemnify and hold HireIQ Solutions, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys’ fees, incurred by them as a result of unauthorized use of the Services and/or your breach or alleged breach of the Terms.
HireIQ Solutions makes no representation that the Services are appropriate or available for use in locations outside the United States. Accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
You agree that any dispute, claim or controversy arising hereunder or relating in any way to the Terms, shall be settled by binding arbitration in Fulton County, Georgia, in accordance with the commercial arbitration rules of Judicial Arbitration and Mediation Services (“JAMS”). The arbitrator shall issue a written decision specifying the basis for the award made. The party filing a claim or counterclaim in the arbitration proceeding shall pay the deposit(s) determined by JAMS with respect to such claim or counterclaim. All other costs associated with the arbitration and imposed by JAMS shall be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration. In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration shall be responsible for its own attorneys’ fees and other professional fees incurred in connection with the arbitration. Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator shall apply the substantive law of the State of Georgia, without giving effect to its conflict of laws rules.
You agree that the following will not be subject to arbitration: (a) any dispute over the validity of any party’s intellectual property rights, and (b) any dispute related to or arising from allegations associated with unauthorized use of the Services.
The Terms, and your relationship with HireIQ Solutions under the Terms, shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to the Terms shall be filed only in the local, state, or federal courts located in Fulton County, Georgia and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding this, you agree that HireIQ Solutions shall be permitted to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.