Governing your access and use of the RecruitingLive LLC.
1. Introduction: Please read the following information carefully. It contains the terms and conditions governing your access and use of the RecruitingLive LLC (hereinafter "RecruitingLive LLC") website. If you do not accept these Terms and Conditions hereinafter "Terms"), or you do not meet or comply with their provisions and parameters, you may not use RecruitingLive LLC. If you are an employer using RecruitingLive LLC, you may have entered into a separate agreement with RecruitingLive LLC, the entity that owns and operates RecruitingLive LLC, in which case these Terms are incorporated by reference into that agreement
2. Acceptance of Terms: RecruitingLive LLC provides its service to you subject to the following Terms. Said Terms may be updated by RecruitingLive LLC from time to time without notice to you. You can review the most current version of the Terms at www.RecruitingLive.com. In addition, when using a particular RecruitingLive LLC service, you as well as RecruitingLive LLC, shall be subject to any posted or un-posted guidelines or rules applicable to such services which may develop from time to time. All such guidelines or rules, including all "SPAM" policies, are hereby incorporated by reference into the Terms. RecruitingLive LLC may also offer other services that are governed by different terms of service by other "third party" websites.
3. Binding Agreement: These current Terms (and as they may be amended from time to time by RecruitingLive LLC) form a binding agreement between you and RecruitingLive LLC. Your access to or use of RecruitingLive LLC indicates your acceptance of these Terms. Further, you are agreeing to use RecruitingLive LLC at your own risk.
4. Description of Service: RecruitingLive LLC is an INTERNET based service. It is established that you further understand and agree that the service may include certain communications from RecruitingLive LLC, such as administrative messages and service announcements, and said communications are considered part of the RecruitingLive LLC service and you will not be able to opt out of receiving said communications. Unless explicitly stated otherwise, any new features that augment or enhance the current services, provided by RecruitingLive LLC, including the release of new RecruitingLive LLC properties, shall be subject to these Terms. You understand and agree that the aforementioned services are provided "AS-IS" and that RecruitingLive LLC assumes no responsibility for the deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the RecruitingLive LLC service and said access may involve "third party" fees, such as Internet service provider fees or airtime charges. You are responsible for all equipment necessary to access RecruitingLive LLC's service.
5. Definitions: The following are definitions of terms that are used in or apply to the information contained herein:
6. General Use Rules for Acceptable Website Use: The RecruitingLive website is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use this website only for lawful purposes within the stated context of RecruitingLive LLC intended and acceptable use of the website. RecruitingLive LLC is the sole interpreter of the website's intended and acceptable use.
7. License to Use by Employers Users: RecruitingLive LLC hereby grants you a limited, terminable, non-exclusive right to access and use the website only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the website solely for your personal use directly related to using the website for the purpose of searching and recruiting job prospects. RecruitingLive LLC reserves the right to suspend or terminate your access and use at any time if RecruitingLive LLC determines that you are in breach of any of these Terms and Conditions.
8. License to Use by Job Seekers Users: RecruitingLive LLC hereby grants you a non-exclusive, limited, terminable, right to access and use the website only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the website solely for your personal, noncommercial use. Your use of the website is a privilege. RecruitingLive LLC reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
9. Other Specific Rules for Acceptable Website Use: You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the website 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 website complies with these Terms.
10. Rules for Posting, Conduct and Security: You agree to comply with RecruitingLive LLC's rules for posting, conduct and security on its website. RecruitingLive LLC is the sole interpreter of these rules. Users who violate these rules may have their access and use of the website suspended or terminated, at the discretion of RecruitingLive LLC. RecruitingLive LLC reserves the right to change these rules in accordance with the amendment policy in the Terms. Said rules on posting, conduct and security are as follows:
10.1. General: RecruitingLive LLC's contact information is listed on the website. RecruitingLive LLC makes no claims that the Content is appropriate or may be downloaded 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 www.recruitinglive.com website. If you access RecruitingLive LLC from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms shall lie exclusively with the State or Federal courts in the State of Delaware. You and RecruitingLive LLC's sole relationship is that of independent contractors. If any provision of these Terms 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 these Terms, which shall remain in full force and effect. All provisions of these Terms shall survive termination except those granting access or use to the website, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by RecruitingLive LLC in a particular "Legal Notice," or software license or material on particular web pages of the website, these Terms constitute the entire agreement between you and RecruitingLive LLC.
10.2. Posting Rules:
A. "Your Material(s) may NOT contain:
10.3. Conduct Rules:
10.4. Security Rules:
A. Users are prohibited from violating or attempting to violate the security of the website, including, without limitation:
11. Intellectual Property Rights: The website and all right, title and interest in and to the website is the sole property of RecruitingLive LLC or its licensors, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms, RecruitingLive LLC reserves for itself and its licensors all other right, title and interest, 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. This includes copying or adapting the HTML code used to generate web pages on the RecruitingLive.com website, the RecruitingLive.com design logo and certain other names or logos are service marks or trademarks of RecruitingLive LLC, and all related product and service names, design marks and slogans are the service marks or trademarks of RecruitingLive LLC. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by RecruitingLive LLC's trademarks, service marks and/or copyrights. All other product and service marks contained on the website are the trademarks of their respective owners.
12. Limitation of RecruitingLive LLC's Liability regarding Allocation of Responsibility: RecruitingLive LLC assumes no responsibility for materials posted on the website by a user(s) and no responsibility for the activities, omissions or other conduct of a user(s).
13. Disclaimer of Endorsements by RecruitingLive LLC: Nothing on the website shall be considered an endorsement, representation or warranty with respect to any user or third party, whether in regards to its website, products, services, hiring, experience, employment or recruiting practices, or otherwise.
14. Disclaimer of Guaranty of Results: RecruitingLive LLC is not an employment agency nor a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the website in meeting the employment objectives of users (other than specific items agreed to in contracts or agreements with individual employer users). RecruitingLive LLC does not guarantee that materials posted on its website by 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.
15. Disclaimer Errors and Accuracy of Materials Posted to the Website: RecruitingLive LLC makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any materials posted by users, or of any other form of communication engaged in by Users. Materials may contain inaccuracies or typographical errors. You agree that any reliance on materials posted by users, or on any other form of communication with users, will be at your own risk. Further, RecruitingLive LLC makes no representations or guarantees regarding the content of the Website, including, but not limited to, broken links, inaccuracies or typographical errors
16. WARRANTY DISCLAIMERS: THE WEBSITE IS PROVIDED ON AN "AS-IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. RECRUITINGLIVE LLC, 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. RECRUITINGLIVE LLC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE. WITHOUT LIMITATION TO THE FOREGOING RECRUITINGLIVE LLC DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, RECRUITINGLIVE LLC IS NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH SUCH REPLACEMENTS.
17. ALLOCATIONS OF LIABILITY, EQUITABLE RELIEF AND DAMAGE LIMITATIONS: YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, THE INTERNET GENERALLY, AND THE MATERIALS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE. IN NO EVENT SHALL RECRUITINGLIVE LLC (OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DAMAGES, DIRECT OR NON-DIRECT, 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 WEBSITE AND/OR ANY MATERIAL POSTED ON THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RECRUITINGLIVE LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GIVEN THAT 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 OF THE AFOREMENTIONED LIMATATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN RECRUITINGLIVE LLC'S MAXIMUM LIABILITY TO YOU FOR ANY DIRECT OR NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00) FOR A "JOBSEEKER" USER IN THE AGGREGATE AND ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT PAID FOR POSTING, WHICHEVER IS GREATER, BY AN "EMPLOYER" USER IN THE AGGREGATE. IN NO EVENT SHALL RECRUITINGLIVE LLC (OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT OR NON-DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF ONE HUNDRED U.S.DOLLARS ($100.00), OR, IF YOU ARE AN EMPLOYER WITH AN AGREEMENT WITH RECRUITINGLIVE LLC, THE AMOUNTS ACTUALLY PAID BY YOU TO RECRUITINGLIVE LLC UNDER THIS AGREEMENT IF GREATER THAN ONE HUNDRED US DOLLARS ($100.00). DUE TO THE NATURE OF THESE TERMS, IN ADDTION TO MONEY DAMAGES, RECRUITINGLIVE LLC, WILL BE ENTITLED TO RELIEF UPON A BREACH OF THESE TERMS BY YOU AS A USER.
18. Payment of Services upon Termination: If at any time during the course of this Agreement you should terminate this Agreement, not to include your termination in the case of breach of this agreement by RecruitingLive LLC, RecruitingLive LLC shall reserve the right to receive all payments from you of the services used by you up to termination and for fifty percent (50%) of the remaining unused portion, if any exist, of this Agreement.
19. Links to Other Sites: RecruitingLive LLC contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by RecruitingLive LLC of the contents on such third party websites. RecruitingLive LLC is not responsible for the content of linked third party websites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk.
20. Amendments to this Agreement and Changes to the Website: RecruitingLive LLC may revise these Terms at any time by updating this page. Changes will be binding on you on the date they are posted on the website (or as otherwise stated in the any notice of such changes). Any use of the website will be considered acceptance by you of the then-current Terms. If at any time you find the Terms unacceptable, you may no longer use the website. Any new or different terms supplied by you are specifically rejected by RecruitingLive LLC unless RecruitingLive LLC agrees to them in a signed writing specifically including those new or different terms. RecruitingLive LLC may make changes to the website at any time.
21. Indemnity of RecruitingLive LLC: You agree to defend, indemnify, and hold harmless RecruitingLive LLC (and its officers, directors, Members, employees and agents) from and against any 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 the website, any Material posted by you, or your breach of these Terms. RecruitingLive LLC 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.
22. User Information:The Privacy Policy posted on the RecruitingLive LLC website is incorporated in this Agreement by reference.
23. Notices and Question: Questions concerning the use of the website should be directed to support@recruitinglive.com. Notices for RecruitingLive LLC shall be sent to support@recruitinglive.com, and, for you, to the address submitted by you or such other address as RecruitingLive LLC reasonably determines is an appropriate address for you.