Terms of Service
Last modified: April 10, 2017
Welcome to Amazing Hiring. This Terms of Service Agreement (“Terms of Service” or “Agreement”) are a legal agreement between you and Amazing Hiring, Inc., a Delaware corporation (“Amazing Hiring”, “us”, “we”), governing your access to and use of the services and website found at https://amazinghiring.com, including successor domain names or sites (the “Site”), the servers used by the Site, and any and all information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services (as defined below).
Wherever used in these Terms of Service, “you”, “your” or similar terms means the person or legal entity accessing or using the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service.
Amazing Hiring reserves the right, at any time, to update and change any or all of these Terms of Service, in its sole discretion, including but not limited to the fees and charges associated with the use of the Services. If Amazing Hiring does so, it will post the modified Terms of Service on the Site and will update the "Last Modified" date above. Continued use of the Services following the effective date of changes to these Terms or Service shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Terms of Service, which are currently available at: http://amazinghiring.com/terms-of-service/.
“Authorization Form” means a document issued by Amazing Hiring and executed or otherwise agreed upon by authorized representatives of the Parties in the form of a software as a service agreement or other document specifying, among other things, a description of the Services, the fees for your Paid Subscription (as defined below), the number of Seats purchased, the subscription term, and any other details specifically related to the Services.
“Authorized Users” means individuals who are directly accessing the Services via an online sign-up process, or individual users authorized by you to use the Services and who you have supplied user identifications and passwords to. Authorized Users may include your employees, consultants, contractors, agents, or your other designees, but shall not include any employee or agent of any Amazing Hiring competitor.
“Seat” means a single subscription associated with a single log-in to the Site, assigned to one Authorized User.
“Services” means the Amazing Hiring services made available via Amazing Hiring’s proprietary software delivered through the Site, our Chrome extension, and mobile applications.
“Supported Platform(s)” means social networking sites, blogs, and third-party sites and platforms.
“User Content” means all information and data that you make available to Amazing Hiring to enhance the Services (e.g., your internal resume database).
Description of Services. Amazing Hiring enables you to identify the best technically skilled professionals from publicly available candidate profiles and your User Content, if applicable, for the specifics of each of your technical listings using a proprietary sorting algorithm, making your search for technical talent more efficient.
Trial Version. We may offer you access and use of the Services on a trial basis for a term set forth in the Authorization Form.
Support. Customer support will be available to paying customers via email within 48 hours, Monday through Friday, except public holidays in the United States. Amazing Hiring shall have no obligation to provide customer support services to any customer enrolled in a free trial.
Updates and Functionalities. Amazing Hiring may update the Services from time to time without prior notice to you, and such updates may result in changes in the appearance and/or functionality of the Services (including the addition, modification, or removal of functionality, features, or content).
Supported Platforms. You acknowledge that the Services may incorporate information from Supported Platforms, and that the Services provided are highly dependent on the availability of such Supported Platforms. If at any time any Supported Platform should cease to make its data available to Amazing Hiring on reasonable terms, Amazing Hiring may cease to incorporate such data in the Services without entitling you to a refund, credit, or other compensation. Amazing Hiring makes no warranty as to the reliability or accuracy of any data provided through the Services.
Use of the Services. As a condition of using the Services, you agree not to use the Services for any purpose that is prohibited by this Agreement. You are solely responsible for all of your activity in connection with the Services and that of your Authorized Users, and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree that you SHALL NOT:
- USE THE SERVICES OR ANY PROFESSIONAL PROFILES GENERATED THROUGH THE SERVICE TO DETERMINE SUCH PROFESSIONAL’S ELIGIBILITY FOR: (A) CREDIT OR INSURANCE FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES; (B) EMPLOYMENT; (C) A GOVERNMENT LICENSE OR BENEFIT; OR FOR (D) ANY OTHER PURPOSES THAT WOULD REQUIRE FCRA COMPLIANCE;
- use the Services for any purpose other than solely for your internal business purposes;
- resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Services;
- allow more than one individual Authorized User to use a Seat, or sell, trade, or otherwise transfer your Seats to another party;
- collect content or information, or otherwise access the Services using automated means (such as bots or scrapers) without our prior permission;
- modify, reverse engineer, decompile or disassemble the Services;
- upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component;
- copy, adapt, alter, modify, translate, or create derivative works of the Services without written authorization of the Company;
- permit other individuals to use the Services, including but not limited to shared use via a network connection, except under the terms of this Agreement;
- circumvent or disable any technological features or measures in the Service for protection of intellectual property rights;
- use or access the Services to compile data in a manner that is used or usable by a competitive product or service;
- use of your Amazing Hiring account to engage in any illegal conduct;
- attempt to gain unauthorized access to the Services or its related systems or networks; or
- authorize, permit, or encourage any third party to do any of the above.
Amazing Hiring may, in its discretion, suspend or terminate your access to the Services for failure to abide by the terms hereof.
3. ACCOUNT SECURITY
You are solely responsible for activity that occurs on your account and it is your responsibility to maintain the confidentiality of your username and password. You are also responsible for immediately notifying us of any unauthorized use of your account, or breach of your account information or password. We will not be liable for any loss that you may incur as a result of someone else using your username or password, either with or without your knowledge. To the extent allowable by law, you shall be liable for any expenses and reasonable attorneys’ fees for your failure to safeguard user and password information and/or promptly notify us about unauthorized use of your account or breach of your account information or password.
4. USER CONTENT
By transmitting or submitting any User Content while using the Services, you affirm, represent and warrant that such transmission or submission is (a) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; and (b) free of viruses, adware, spyware, worms or other malicious code.
5. CUSTOMER FEEDBACK
You may from time to time provide suggestions, comments or other feedback to Amazing Hiring with respect to the Services (“Feedback”). Feedback, even if designated as confidential by you, shall not create any confidentiality obligation for Amazing Hiring notwithstanding anything else. You shall, and hereby do, grant to Amazing Hiring a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub licensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.
6. SUBSCRIPTION AND PAYMENT
Subscription. You may access and use the Site and/or Services either on a trial basis, if applicable, or based on a paid subscription (“Paid Subscription”), in each case on the terms set forth in your Authorization Form. If you are using a Paid Subscription which is prepaid for less than one year, you must provide Amazing Hiring with a valid credit card to pay for Services and authorize us to charge your credit card the Services fees on the date of commencement of Services and thereafter on each renewal date, as set forth in the Authorization Form and in Section 7 (Term and Termination). Paid Subscriptions are billed in advance and are non-refundable for the subscription period for which they are purchased. In addition, you agree that Amazing Hiring has permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms Amazing Hiring retains in the future) your submitted payment information in order to process your purchase.
Payment Methods. Amazing Hiring does not support all payment methods, currencies, or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account, you authorize Amazing Hiring to continue billing your authorized payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through to the end of your subscription period.
Late Payments. If any amounts due hereunder are not received by Amazing Hiring within fifteen (15) days after the due date for any reason, then, at Amazing Hiring’s discretion, such amounts may accrue interest at the rate of 18% per year or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. Amazing Hiring reserves the right to suspend your access to the Services, in its discretion, for failure to timely pay the balance.
7. TERM AND TERMINATION
Paid Subscription. If you signed-up for a Paid Subscription, this Agreement shall commence on the day you first access the Services and shall continue until your account is cancelled as set forth herein.
Auto-Renewal and Cancellation. Your Paid Subscription will automatically renew at the end of its then current term, for another term of the same length, unless you cancel it prior to the commencement of such new term. You may elect to cancel your Paid Subscription effective as of the end of the then current term on the Site in your “Account Settings” or by contacting us at: email@example.com.
Termination. If you violate the letter or spirit of these Terms of Service, abuse the Services, or otherwise create risk or possible legal exposure to Amazing Hiring, we can terminate or suspend the Services in our sole discretion.
Effects of Termination. Upon termination of this Agreement for any reason, (i) you will immediately cease all use of the Services; (ii) you will have no further access to your accounts provided by Amazing Hiring; and (iii) you will pay Amazing Hiring all unpaid amounts owing to Amazing Hiring.
Survival. Any provision of this Agreement which, either by its terms or to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the expiration or termination of this Agreement.
8. WARRANTY DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, AMAZING HIRING EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AMAZING HIRING SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NONINFRINGEMENT, THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE. IN ADDITION, AMAZING HIRING DOES NOT WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AMAZING HIRING OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. AMAZING HIRING DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING USER CONTENT OR ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. AMAZING HIRING IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. AMAZING HIRING EXPRESSLY DENIES ANY RESPONSIBILITY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
You shall defend, indemnify, and hold harmless Amazing Hiring, its affiliates, directors, officers, employees, and agents from and against all claims, losses, damages, penalties, liability, and costs, including reasonable attorneys’ fees, of any kind or nature which are in connection with or arising out of a claim (a) alleging that your use of the Services infringes or violates the intellectual property rights, privacy rights, or other rights of a third party or violates applicable law; or (b) your breach of Section 3 of this Agreement.
9. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AMAZING HIRING’S AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND, INCLUDING ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BY STATUTE, CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF (A) THE SUBSCRIPTION FEES PAID BY YOU FOR THE SERVICES HEREUNDER DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE AND (B) US$10,000. AMAZING HIRING DOES NOT OFFER ANY WARRANTY OR REMEDIES FOR THE INTERRUPTION OR CESSATION OF ACCESS OR TRANSMISSION TO OR FROM THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMAZING HIRING, ITS DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL USE, OR DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY OTHER ASPECT OF THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL AMAZING HIRING BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY GIVEN THE FEES CHARGED UNDER THIS AGREEMENT, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF AMAZING HIRING WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF AMAZING HIRING FOR (I) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF AMAZING HIRING, ITS EMPLOYEES, OR ITS AGENTS; (II) WILLFUL MISCONDUCT OF AMAZING HIRING; OR (III) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Governing Law; Jurisdiction. Any dispute arising from this Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN SAN FRANCISCO COUNTY, STATE OF CALIFORNIA AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL. Any cause of action you may have with respect to your use of the Service must be commenced within one (1) year after the claim or cause of action arises. A printed version of this agreement shall be admissible in judicial or administrative proceedings.
Waiver. No waiver by Amazing Hiring of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Amazing Hiring to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
Severability. If for any reason a court of competent jurisdiction finds any provision of this agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. If such provision cannot be enforced, it shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
No Class Actions. All claims between the parties related to this Agreement will be litigated individually and the parties will not consolidate or seek class treatment for any claim, unless previously agreed to in writing by the parties.
FCRA. Amazing Hiring is not a consumer-reporting agency (“Consumer Reporting Agency”) as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (“FCRA”) and the Services and any reports or data provided by the Services do not constitute "consumer reports," "consumer credit information," or "consumer report information" as those terms are defined in the FCRA. The information provided by the Site and Services is provided for informational purposes only and does not bear on any consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. Amazing Hiring does not offer or provide the Site or the Services, either in whole or in part, for the purpose of serving as a factor in establishing any consumer’s eligibility for (A) credit or insurance to be used primarily for personal, family, or household purposes; (B) employment purposes; or (C) any other purpose authorized under Section 1681b of FCRA. Amazing Hiring does not engage in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties; Amazing Hiring does not prepare or furnish consumer reports as defined under FCRA; and Amazing Hiring does not expect the information on the Site or provided by the Services to be used for any consumer purpose. You agree that you will not collect, use or provide data, reports, Services, or the Site, in whole or in part for any other purpose governed by the FCRA.