) and procedures that may be published from time to time on this Site by HiringThing (collectively, the “Agreement”). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by HiringThing, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old. HiringThing reserves the right to refuse Service to anyone, or cancel an account, for any reason at any time. In the event of unauthorized access to or use of personally-identifying information (i.e. data that identifies an individual that compromises the security, confidentiality, availability or integrity of such personally identifying confidential information and does or is reasonably likely to result in misuse of such personally identifying confidential Information (“Security Incident”)), in HiringThing’s possession or control, HiringThing agrees to comply with all applicable breach notification laws of the relevant states and to reasonably cooperate with you in your investigation of the Security Incident.
Rules of Conduct.
As a user of HiringThing, you agree that you:
Your HiringThing Account and Site.
- will not respond to postings by other users in any way other than that which is expected (i.e. contacting a job applicant to discuss the job posting applied for or submitting an application for a job posting).
- will not communicate with other users in a solicitous manner, including communications made via email.
- will protect the security of your password. Protecting your password is your responsibility. You are responsible for all uses associated with your account registration regardless of whether or not you authorized use thereof. If someone gains access to your account and uses it in such a way that violates our Terms of Service, HiringThing reserves the right to cancel your account. You agree to notify support in the event that you become aware of unauthorized use of your account.
- will notify support if you become aware of any misuse of HiringThing.
- will not tamper with the material posted by other users.
- have accurately represented your business to HiringThing If HiringThing becomes aware at any time that you misrepresented your business in any way, HiringThing reserves the right to cancel your account.
If you create an account on the Website, you are responsible for maintaining the security of your account and your job listing service, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the job listing service. You must not describe or assign keywords to your job listing service in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and HiringThing may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause HiringThing liability. You must immediately notify HiringThing of any unauthorized uses of your job listing service, your account or any other breaches of security. HiringThing will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
If you operate a job listing service, comment on a job listing service, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- each active job listing you publish in your HiringThing account is unique (having more than one active job listing for the same open position is expressly prohibited) and;
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your job listing service is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other services and web sites, and similar unsolicited promotional methods;
- your job listing service is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your job listing service’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by HiringThing or otherwise.
By submitting Content to HiringThing for inclusion on your Website, you grant HiringThing a world-wide, royalty-free, and non-exclusive license to include submitted content on HiringThing’s website and/or to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting your Content and/or HiringThing. If you delete Content, HiringThing will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, HiringThing has the right (though not the obligation) to, at HiringThing’s sole discretion (i) refuse or remove any content that, in HiringThing’s reasonable opinion, violates any HiringThing policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in HiringThing’s sole discretion. HiringThing will have no obligation to provide a refund of any amounts previously paid.
Fees and Payment.
Optional premium paid services such as recurring subscriptions, extra storage, job posting advertisements, background checks, domain purchases or other options may be available on the Website. By selecting a premium service, you agree to pay HiringThing any fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a given time period as indicated. Premium service and/or subscription fees are not refundable. HiringThing reserves the right, at any time, to change its prices and billing methods for the Service, effective immediately upon posting to the Site or by email delivery to you.
HiringThing is a recurring subscription service, and the service is charged in advance, automatically, at each renewal date unless you make modifications to your subscription plan that impact your billing cycle and/or the amount due. When you cancel your HiringThing subscription, we will not bill you again, but do not offer refunds or credits for partial or unused terms of service or for upgrades/downgrades. For any upgrade in subscription plan level, the credit card that you provided will automatically be charged at the point in time when you upgrade. Downgrading your Service will not result in any refund and may cause the loss of access to content, features, or capacity of your Account. Free and Paid Job Boards HiringThing offers its users the option to indicate a preference to post an active job posting(s) in a user’s HiringThing account to HiringThing’s network of free job boards. HiringThing also offers its users the option to purchase advertising for an active job posting(s) in a user’s HiringThing account to participating members of HiringThing’s network of paid online job boards. Each participating member of HiringThing’s free and paid job board network has its own set of terms and conditions governing the posting of jobs on its job board website. For this reason, HiringThing reserves the right to suppress from free and/or paid syndication any posting for any reason. Suppressing an active job posting from syndication is not a decision we take lightly, but is sometimes necessary due to participating members’ job posting terms and conditions. It is the user’s responsibility to ensure that a user’s job posting is in compliance with the terms and conditions of any job board (free or paid) the user wishes to post a position to. HiringThing will not collect payment from a user for advertising a job posting where HiringThing does not and/or cannot syndicate the job posting to the paid job board in question. The participating members of this free and paid online job board network are subject to change.
Responsibility of Website Visitors.
HiringThing has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, HiringThing does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. HiringThing disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which HiringThing links, and that link to HiringThing. HiringThing does not have any control over those non-HiringThing websites and webpages, and is not responsible for their contents or their use. By linking to a non-HiringThing website or webpage, HiringThing does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. HiringThing disclaims any responsibility for any harm resulting from your use of non-HiringThing websites and webpages.
Copyright Infringement and DMCA Policy.
As HiringThing asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by HiringThing violates your copyright, you are encouraged to notify HiringThing in accordance with our Digital Millennium Copyright Act (”DMCA”) Policy. HiringThing will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of HiringThing or others, HiringThing may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, HiringThing will have no obligation to provide a refund of any amounts previously paid to HiringThing.
This Agreement does not transfer from HiringThing to you any HiringThing or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with HiringThing, the HiringThing logo, and all other trademarks, service marks, graphics and logos used in connection with HiringThing, or the Website are trademarks or registered trademarks of HiringThing or HiringThing’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any HiringThing or third-party trademarks.
Reliance on Third-Party Systems.
HiringThing does not store any credit card information from you. Instead, we pass credit card information to our payment gateway, such as Authorize.Net, through a payment management software provider, such as Chargify, and the payment gateway stores it in their system. We are not responsible or liable for any problems that arise as a result of credit card information being misused after we have passed it to our payment gateway for storage by them.
General Data Protection Regulation (GDPR).
These Terms incorporate the Data Processing Addendum (“DPA”), available here
, when the GDPR applies to your use of the Service to process personal data (as defined in the DPA).
Except as otherwise provided in this Agreement, notices and other communications under this Agreement shall be in writing and shall be delivered, mailed by first class mail, postage prepaid, or sent by facsimile or electronic mail, addressed, (a) if to you, at the address kept in our files or at such other address as you shall have furnished to us in writing, or (b) if to us, at:
PO Box 697
Bartonsville, PA 18321
USA Your notice must specify your name and Account. Each such notice, request, or other communication shall be effective (i) if given by mail, 72 hours after such communication is deposited in the mails with first class postage prepaid, addressed as aforesaid, (ii) if sent by facsimile or email, when sent and receipt is electronically confirmed or (iii) if given by any other means (including, without limitation, by air courier), when delivered at the address specified above. Oral notices shall be deemed effective on the date reflected in our records.
We will make every available effort to keep HiringThing Services operational 24 hours a day, 7 days a week. There will be periods of downtime for maintenance and upgrades, and sometimes, for reasons that we did not plan. We will attempt to provide at least 24 hours of notice for scheduled maintenance or downtime, but some downtime may be unscheduled and beyond our control. WE MAKE NO GUARANTEE AS TO UPTIME OR AVAILABILITY OF THE SERVICE.
Email Communications from HiringThing to You.
You agree that HiringThing may send email messages to you from time to time regarding planned service downtime, new features, and other communications that we believe our users will want to know about. You may opt out of receiving these emails by using the opt-out link provided in the email or by contacting firstname.lastname@example.org
. Some email messages are related to your account status and can only be opted-out of by canceling your HiringThing account.
HiringThing reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. HiringThing may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
HiringThing may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your HiringThing account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a premium Services account, such account can only be terminated by HiringThing if you materially breach this Agreement and fail to cure such breach within thirty (30) days from HiringThing’s notice to you thereof; provided that, HiringThing can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The Website is provided “as is”. HiringThing and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither HiringThing nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, we salute you. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability.
In no event shall HiringThing, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, or agents be liable for any damages including, but not limited to, direct, compensatory, indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of or relating to (i) your inability to use the materials, content, services or accounts; (ii) your misuse of the materials, content services or accounts; (iii) nonperformance or a failure of the services caused by acts or omissions of another service provider, (iv) equipment or software failure or modification; (v) telecommunications or computer equipment failures, or (vi) acts of God, or other causes beyond our reasonable control. The foregoing shall apply even if HiringThing has been advised of the possibility of such damages. HiringThing also makes no representations or warranties that your access to and use of the site, materials, content, services and accounts (1) will be uninterrupted or error free; (2) is free of viruses, unauthorized code, or other harmful components; (3) is secure; or (4) will meet your satisfaction. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the site, materials, content, service and account. In no event shall HiringThing, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, agents and any underlying carrier be liable for injuries to persons or property arising from use of the services, or any equipment used in connection with the services. If, notwithstanding the other terms of this agreement, HiringThing should have any liability to you or any third party for any loss, harm or damage, you and HiringThing agree that in no event shall liability of HiringThing to you for any reason exceed our service charges during the affected period giving rise to such liability. You and HiringThing agree that this section of the agreement, “Limitation of Liability”, is an agreed allocation of risk between you and HiringThing You acknowledge that, absent your agreement to this Limitation of Liability, HiringThing would not provide the site, materials, content, services, or accounts to you.
General Representation and Warranty.
You agree to defend, indemnify, and hold harmless HiringThing, its parents, subsidiaries, affiliates, and their respective members, managers, directors, officers, employees, stockholders, agents and any underlying carrier, harmless from and against any and all claims, expenses or damages (including attorneys’ fees), whether known or unknown, arising from, incurred as a result of, or in any manner related to (a) your use of the Services, (b) any other person’s use of any account you maintain, or (c) your promises or statements made in this agreement. You hereby agree to waive all laws that may limit the effectiveness of the foregoing releases. This indemnification shall apply to the fullest extend permitted by law and shall survive termination of this agreement.
This Agreement constitutes the entire agreement between HiringThing and you (sometimes collectively referred to as the “parties”) concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of HiringThing, or by the posting by HiringThing of a revised version. Except with respect to any dispute involving a party’s intellectual property rights, all disputes arising under this Agreement or relating to use of the Website shall promptly be submitted to arbitration in Northampton County, Pennsylvania, before one arbitrator (who need not be AAA personnel) in accordance with the rules of the American Arbitration Association. The arbitrator may assess costs, including counsel fees, in such manner as the arbitrator deems fair and equitable. The award of the arbitrator shall be final and binding upon all parties, and judgment upon the award may be entered in any court of competent jurisdiction, unless otherwise provided herein. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to the conflicts of laws doctrine of such state. Jurisdiction and venue over any intellectual property dispute arising under this Agreement shall lie with the Northampton County Court of Common Pleas or the United States District Court for the Eastern District of Pennsylvania. The parties waive any objections to such jurisdiction. Should either party attempt to resolve an intellectual property dispute by any method other than pursuant to this section, the responding party is entitled to recover from the initiating party all damages, expenses and attorneys’ fees incurred as a result of that breach. Any party to this Agreement who breaches the intellectual property provisions of this Agreement shall be liable for all expenses, including costs and attorneys’ fees, incurred by the Company to enforce this Agreement, regardless of the outcome of the matter. In addition, the prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect HiringThing’s original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. HiringThing may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties and their respective and applicable successors, personal representatives, heirs and permitted assigns.