I. LICENSE FOR SYSTEM
2. Single User. HireZoom.com Inc. dba Jane (Jane) is offering the System solely for use by you (the “Subscriber” or “you”) and not for the use or benefit of any third party. If you use the System on behalf of a company, you affirm that you are authorized to represent the company for such purposes.
3. License. By your acceptance of these Terms and subject to the limitations set forth in these Terms, Jane grants you a limited, non-exclusive, non-assignable, non-transferrable license to access and use the System through the Site (the “License”). You may not download (other than page caching), or modify any portion of the System or Site. The License to use the Site does not include any resale or commercial use of the System or its contents; any rights for the creation of any derivative works utilizing this System; or any right for the use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the Site Content (as defined below) for any commercial purpose. By using the Site, you warrant that you will not use the System, or any of the content obtained from the Site, for any purpose that is unlawful or prohibited by these Terms.
II. PAYMENT & PRICING
1. Prices. Prices, including but not limited to monthly subscription plan fees to the System, are subject to change upon 30 days’ email notice. You hereby authorize Jane (either directly or through a third party payment processor) to charge all payments to the credit card, PayPal account or other payment processor you provide during registration of your account. You agree to provide Jane updated information regarding your account upon request and any time the information earlier provided is no longer valid. If you revoke authorization to charge your account, or if for any reason you do not pay, Jane may suspend or cancel your License.
2. Free Trial Period. Use of the System is free during the “Free Trial Period”. After “Free Trial Period” expires, a valid credit card is required for continued use of the System.
3. Payment. The System is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties on your License of the System. Any promotions or discounts are valid for services to which the promotion or discount was originally applied; subsequent upgrades or add-on services are not guaranteed any promotions or discounts.
1. Use of System. The System may only be used to transmit and store resumes (or CVs), files associated with the process of hiring a candidate, job descriptions and comments. You may not upload advertisements or transmit unsolicited information, materials or data (including, without limitation, “spam” messages). You understand that the System can be used for transmission of your Subscriber Content (as defined below), and that during processing, your Subscriber Content may be transferred unencrypted over the internet, and you consent to such unencrypted transmission.
2. Modifications/Limitations of System. Jane endeavors to provide a well-functioning System and Site that will be effective for you and its other clients. Therefore, from time to time, Jane may need to change, suspend or discontinue the System or the Site, including the availability of any feature, database, or content, with or without notice. Jane may also need to impose limits on certain features of the System or restrict Subscriber’s access to parts or all of the System without notice or liability. Jane retains the right to create limits on use and storage with respect to the System.
3. Up Time & Down Time. Jane will use reasonable efforts to ensure that the System is available twenty-four hours a day, seven days a week through the Site. However, there will be occasions when the System will be interrupted for maintenance, upgrades and emergency repairs, failure of telecommunications links and equipment or other situations outside of the control of Jane. Jane shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond its reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
IV. YOUR RESPONSIBILITIES & SUBSCRIBER CONTENT
1. Ancillary Services and Equipment. You are responsible for obtaining and maintaining any equipment or ancillary services needed to connect to and use the System, including, without limitation, modems, hardware, software, and long distance or local telephone service and the compatibility of those items with the System and Site.
2. Subscriber Content. You are responsible for all content posted and activity that occurs through or under your account (“Subscriber Content”) whether posted by you or any third party. You grant Jane a non-exclusive, perpetual, worldwide, royalty-free, freely transferable right, to copy, cache, publish, display, perform, distribute, translate and store Subscriber Content; provided, however, that Jane agrees that it will not disclose the names, addresses, interview notes or other personal identifying information provided by Subscriber to any third party, unless required by law. You warrant, represent and agree that you have the right to grant Jane these rights and you further agree not to post or have posted to your account, any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright, trademark, privacy, publicity, property, intellectual property or other legal right of another party, (b) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (c) contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (d) remains posted after you have been notified that such Subscriber Content violates any of sections (a) to (d). Jane reserves the right, in its sole and absolute discretion, to remove any Subscriber Content from the Site at any time.
3. Subscriber Content Liability. While you can utilize job specific information within the System as a reference for new or existing jobs, you assume all responsibility for the accuracy, legality, fairness, appropriateness, adherence to government policies and regulations, and any other liability that is related to your job descriptions, interview questions generated based on your Subscriber Content, scoring of interview questions, decisions made on applicants (reject, hold, hire, etc.) and job marketing decisions for each job launched within the System.
4. Password. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user or share your password with any other person or entity. You must immediately notify Jane of any actual or suspected loss, theft, or unauthorized use of your account or password. You are responsible for maintaining the security of your account and password. Jane cannot and will not be liable for any loss or damage from your failure to comply with this obligation.
5. Technical Support. Technical support is available via email, phone, and through Jane's software. While Jane will work to respond to all requests within 24 hours, there is no agreement that Jane will respond within a certain period of time.
6. Third Parties. You understand that Jane may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related services and technology required to run the System. The Site may contain links to other websites and vendors, which do not imply or indicate an endorsement, sponsorship, or approval of the material on and/or generally of such website or vendor by Jane and Jane assumes no responsibility for any third-party website or vendor.
7. Legal Use of System. You may not use the System for any illegal or unauthorized purpose. You may not, in the use of the System or Site, violate any laws of your jurisdiction (including but not limited to copyright, employment and labor laws).
8. Electronic Violations. You may not modify, adapt or hack the System or Site. You must not transmit any worms or viruses or any code of a destructive nature or that attempts to automatically gather information from the screen (screen scraping). You may not use automated systems (“bots”) to upload data for multiple candidates at once. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Jane) of other customers, we reserve the right to immediately disable your account until you can reduce your bandwidth consumption.
V. INTELLECTUAL PROPERTY RIGHTS.
1. Site Content Ownership. All materials displayed or performed on the Site by Jane, including, but not limited to text, data, information, graphics, logos, tools, photographs, images, illustrations, audio, video, trademarks, service marks, trade names and animations (“Site Content”) are the property of Jane or are used pursuant to license. All Site Content is protected by copyright pursuant to United States copyright laws, international conventions, and other copyright laws. You may not remove or modify any copyright, trademark or other intellectual property or legal notice contained in the Site Content.
2. Copyright and Trademark Notice. The Site Content (except for licensed third party materials) including but not limited to the look and feel of the Site and System, is copyright © Jane. All rights reserved. Jane does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on the Site. The compilation of the content on the Site is the property of Jane, and “look” and “feel” of the Site, including its layout, design, and graphic elements, are owned by Jane.
3. Limits on Site Content Use. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Jane. You may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Site Content, in whole or in part, except as expressly permitted by the Terms and your License.
4. System Components. The Jane method and technology, including scoring methodology and applicant flow information and analysis in the System, are the sole property of or used pursuant to license by Jane and are subject to these Terms. The License grants you a limited, terminable, royalty-free, right to access specific recruitment plans, including the job descriptions, online interview questions and aggregated candidate source information within its knowledgebase.
5. DMCA. Jane may take any and all action in compliance with the Digital Millennium Copyright Act or other copyright regulation, including removal of user-posted content and termination of access to the Site. To notify Jane of an infringement or to object to the removal of material from the Site, you must provide a written communication to the attention of email@example.com that sets forth the information specified by the DMCA.
VI. TERMINATION AND BREACH
1. Termination of License. Violation of any of the Terms may result in the termination of your License and your access to the System and Site. Jane in its sole discretion, has the right to suspend or terminate your License and refuse any and all current or future use of the System at any time. Such termination will result in the deactivation or deletion of your account and your access to your account. Any fraudulent, abusive or impermissible activity will be grounds for termination of your License for the System and you will be responsible for any damages caused to Jane or a third party due to such activity. Verbal, physical, written or other abuse (including threats of abuse or retribution) with respect to any Jane customer, employee, member, director, officer or vendor will result in immediate termination of your License.
2. Inactive Account. Jane reserves the right to permanently delete, without notice, any account in the System that maintains a period of inactivity for 180 consecutive days.
3. Subscriber Content and Resumes on Termination. All of your Subscriber Content will be immediately deleted from the System upon cancellation or termination of your License. This information cannot be recovered once your License is cancelled. You will not receive a refund for the unused portion of a payment period.
4. Storage of Information upon Termination. Upon termination, Jane is under no obligation to store, track or provide reporting for your Subscriber Content, including but not limited to job and applicant information, for any purposes, including but not limited to government compliance and documentation. Provided, however, that all resume documents uploaded to your account can be returned to you, within thirty (30) days for a fee of $440.
5. Survival. In the event you terminate your use or access to the System, your License shall terminate; provided, however, that Article V, VI, VII and VIII (3) shall survive any termination of your License.
VII. DISCLAIMERS, LIMITS OF LIABILITY AND INDEMNIFICATION
1. Content Disclaimer. Jane has no control over, and no duty to take any action regarding which System components and content Subscriber accesses via the Site, what effects this may have on Subscriber, how Subscriber may interpret or use the components and content; or what actions Subscriber may take as a result of having been exposed to the components and content of the System. Subscriber releases Jane from any and all liability for Subscriber having acquired, used, relied on, acted upon System components or content obtained or obtainable through the Site. Jane makes no representations or warranties concerning any content contained in or accessed through the Site, and Jane will not be responsible or liable for the accuracy, completeness, copyright compliance or legality of material or content contained in or accessed through the Site.
2. “AS IS” Disclaimer. Except as otherwise provided herein, THE SYSTEM, CONTENT AND SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. JANE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE OR THE SYSTEM, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SITE OR SYSTEM WILL (A) BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS (E) GENERATE RESULTS THAT ARE ACCURATE OR RELIABLE; AND (F) PROVIDE PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OF A PARTICULAR QUALITY OR THAT WILL MEET YOUR EXPECTATIONS.
3. System Disclaimer. Except as otherwise provided herein, TO THE FULLEST EXTENT ALLOWED BY LAW, JANE DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE CONTENT, MATERIAL AND/OR COMPONENTS IN THE SYSTEM PROVIDED ON THE SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT JANE IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; (2) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY SYSTEM COMPONENTS OR CONTENT FROM THE SITE AND (3) DOWNLOADING INFORMATION CONTAINED ON THE SITE; INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM.
4. Disclaimer of Group Data Results. Jane provides no warranty or guarantee that any particular Subscriber will receive the same results as shown in the aggregated data presented on job boards or any other rating system found in the System or on the Site.
5. Disclaimer of Compliance with Labor Laws. You agree to become aware of, seek legal representation regarding and adhere to all local, state and federal laws pertaining to the recruiting and hiring of employees, including without limitation those in the United States of the Equal Employment Opportunity Commission (EEOC) and, if applicable, Office of Federal Contractor Compliance Programs (OFCCP) and all relevant State and local laws. Please note that labor and hiring laws vary widely from state to state and you are solely responsible for determining which laws are applicable to you and what actions you must take to be in compliance with such laws. Jane is not responsible in any way for monitoring your legal compliance, nor will it undertake to enforce any law or regulations pertaining in any way to the recruiting or hiring of employees.
6. Liability Limitations. You expressly understand and agree that Jane and its directors, officers, employees, agents and shareholders shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Jane has been advised of the possibility of such damages), whether sounding in contract, tort, strict liability, warranty or other legal or equitable theory, resulting from: (i) the use or the inability to use the System; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the System; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the System; (v) for any amounts that exceed the fees paid by you to Jane under this Agreement during the six (6) month period prior to the occurrence giving rise to your claim or cause of action against Jane; (vi) or any other matter arising out of or relating to the System or Site or your use thereof (including but not limited to security breaches relating to data stored in connection with the System).
7. Limit on Limitations and Survival. The limitations specified in this Article VII will survive termination or expiration of your License and apply even if any limited remedy is found to have failed of its essential purpose. Some states do not allow the limitation sets forth above, so the limitations and exclusions in this Article VII may not apply to you.
8. Indemnification. You agree to indemnify and hold harmless Jane, its contractors, and licensors, and their respective directors, officers, employees, members, shareholders and agents from and against any and all claims, liabilities, losses, actions, causes of action, demands, costs and expenses, including but not limited to attorneys’ fees, arising out of your use of the System (or any third party using your account), your violation of the Terms, or infringement of any intellectual property or other right of any person or entity in connection with the Subscriber Content or due to your use of the System. The terms above will survive termination or expiration of your License.
2. Electronic Notice and Communication. You agree that all notices, agreements and other information concerning the System will be provided electronically. Jane is not responsible for charges incurred as the result of failed electronic delivery of email messages.
3. Governing Law. Any disputes arising out of the use of the System or Site shall be governed by the laws of the State of New York, without regard to any conflict of laws principles, and any proceedings shall solely be brought in the state and federal courts located in Orange County, New York. You consent to the exclusive jurisdiction of and venue in such courts. You also acknowledge and agree that the venue provided for herein is a convenient forum and waive any objection to jurisdiction and/or venue in any action in connection with the System or Site.
4. Publicity and Marketing. Unless you provide written notice to Jane otherwise, you agree that Jane may use your brand identity, organization or company name and mention your usage of this System in press releases, interviews, promotional materials, sales sheets, presentations, websites and other self-promotional channels. You also agree that a “powered by Jane” graphic or text link can be included with your job listings, unless you choose to disable or hide this fact.
5. Assignment. The License and your rights and obligations under the Terms are not assignable by you, in whole or in part, without the express, written consent of Jane. Jane may assign any of its rights or obligations under these Terms at any time.
6. Modification of Terms. Jane reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending a notice via e-mail. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Site or System, or any materials or services accessible through it, shall constitute your acceptance to any modifications. You can review the most current version of the Terms and Conditions at any time at: https://incentfit.janehires.com/TermsAndConditions.
7. Severability. If any provision of these Terms and Conditions are invalid, illegal or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted. The remainder of the Terms and Conditions shall be valid and enforceable to the maximum extent possible.
8. Contact Information. Questions about the Terms should be sent to: firstname.lastname@example.org