Terms and Conditions
Terms and Conditions
TERMS OF SERVICE
The Web site and Services are provided by Recruita, LLC, a Washington limited liability company with a principal place of business located at 506 2nd Avenue, Ste. 1400 Seattle, WA, 98104.
SECTION I: DEFINITIONS, AGREEMENT TO BE BOUND
References to an “Employer" means a company or individual who is interested in hiring a Prospective Employee on a contract-to-hire basis, freelance basis, or for a part-time or full-time position.
References to “Dispute” mean any claim, conflict, controversy, disagreement between the Parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms,) including, without limitation, any action in tort, contract or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation or enforcement of these Terms or any Terms contemplated by the Terms.
References to “Material Breach” mean any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching Party would wish to immediately terminate these Terms because of that breach.
References to a “Prospective Employee” means a user of the Services who seeks a contract-to-hire, freelance, part-time, or full-time position through our Services.
References to the "Services" shall mean any and all services offered by us, including but not limited to recruiting and staffing services.
References to the “Terms” and/or “Agreement,” mean this, these Terms of Service as set forth herein.
References to “us,” “we,” “our,” and/or “Recruita” mean Recruita, LLC.
References to the “Web site” mean the Web site bearing the URL https://www.recruita.com.
References to “you,” and/or “User” mean the User of the Web site and/or Services.
1.2. Agreement to be Bound.
SECTION II: GENERAL PROVISIONS
2.1. About Us.
At Recruita, we provide recruiting and staffing services for technology companies and potential Prospective Employees for contract-to-hire, freelance, part-time and full-time positions. We act as a marketplace to allow Prospective Employees and Employers to meet. As an online service provider, we do not endorse or promote any Employers or Prospective Employees, and we have no control over the quality, legitimacy, accuracy, safety, morality or legality of any aspect of any job listing or resume information provided by any Prospective Employees, the truth or accuracy of the same, the ability of any Prospective Employees to provide the services required by any job listing or any Employer’s ability to pay for such services, or the identity of any person or entity. If you rely on any of the information provided by or on the Web site, you do so solely at your own risk.
You acknowledge and agree that we do not sell, offer to sell, invite to sell, make or solicit any job offers. IN ALL INSTANCES, ALL OFFERS OF EMPLOYMENT ARE OFFERED, ACCEPTED, MADE AND DELIVERED BY EMPLOYERS. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law.
All employment decisions related to any and all Prospective Employees shall be made in the Employer’s sole and exclusive discretion. We are strictly not liable for any employment decisions.
2.2. Use of the Services at your Own Risk; No Verification.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT WHILE WE MAY PROVIDE INFORMATION ABOUT PROSPECTIVE EMPLOYEES OR EMPLOYERS, SUCH AS LOCATION VERIFICATION AND BACKGROUND CHECK SERVICES, WE ARE NOT RESPONSIBLE FOR THE ACCURACY OF SUCH INFORMATION. YOU FURTHER AGREE AND ACKNOWLEDGE THAT WE PROVIDE SUCH INFORMATION SOLELY FOR INFORMATIONAL PURPOSES ONLY, AND IT IS NOT TO BE CONSTRUED AS A PROFESSIONAL REFERENCE, RECOMMENDATION, OR ENDORSEMENT. User authentication on the Internet is difficult, and we cannot, does not, and will not verify that each user is who he, she, or it claims to be. You assume all the risks inherent in the use of the Web site and the Services, including, but not limited to, the risks of bodily harm, the risk of dealing with strangers or persons underage, and any risks affiliated with foreign nationals and other users with whom you come into contact as a result of using the Web site and/or the Services. It is your responsibility to evaluate the truth and accuracy, completeness, usefulness, or validity of all the opinions, advice, service, promotions, advertisements, awards, prizes, or other information that you receive as a result of your use of the Web site and/or the Services. You are solely and uniquely responsible for conducting your own due diligence.
2.3. No Promise of Employment.
Your success as a Prospective Employee depends entirely upon the availability of job listings and qualifications required therefore and your own skills and abilities. YOU HEREBY ACKNOWLEDGE THAT WE HAVE NOT AT ANY TIME PROMISED YOU ANY EMPLOYMENT, FINANCIAL GROWTH, PROFIT, COMPENSATION OR SUCCESS SHOULD YOU CHOOSE TO PARTICIPATE IN THE SERVICES. You certify that WE HAVE NOT made any claim of guaranteed or assured income, profit, or success or any representations of anticipated profit, income, or success that might result from your efforts. You further agree, acknowledge, and represent that you will not make any financial claims or projections to others regarding our Services to any other user or Third Party.
2.4. Accuracy, Completeness and Timeliness of Information.
We are not responsible if information made available on the Web site and/or via the Services is not accurate, complete or current. You acknowledge that the Web site and the Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You acknowledge further that any reliance on the Web site and/or Services is at your own risk.
2.5. Errors in Web Site and/or Services.
We do not warrant that any errors in the Web site and/or Services will be corrected.
2.6. Modifications and Changes to Terms of Service.
We may modify, add to, suspend or delete these Terms of Service or other agreements, in whole or in part, in our sole discretion, at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Web site. Your use of the Web site and/or continued use of the Services after modification, addition or deletion of these Terms of Service shall be deemed to constitute acceptance by you of the modification, addition or deletion.
2.7. Modifications and Changes to the Web Site and/or Services.
We may modify, add to, suspend, or delete any aspect of this Web site and/or Services offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.
2.8. Access to Web site and/or Services.
Though we try to make the Web site and Services available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Web site and Services will be at all times available. We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Web site and/or Services.
2.9. Right of Refusal, Limitation, Discontinuation, and Termination.
We reserve the right to refuse to provide access to the Web site and/or the Services for any reason at any time in our sole and exclusive discretion, including but not limited to limiting the number of Users who may register for and/or access the Web site and/or the Services. We may, in our sole and exclusive discretion, for any reason or no reason whatsoever, limit or cancel a User Account for any reason whatsoever. In the event that we make a change to or cancel an Account, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your Account was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account termination.
2.10. Prohibited Uses of Web site and Services.
In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Web site and/or the Services: (a) for any unlawful purpose; (b) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose of the Web site and/or Services; (c) to violate any international, governmental, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Web site and/or the Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Web site and/or the Services. We reserve the right to terminate your use of the Web site and/or the Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.
2.11. Technical Support.
We provide email support, (hereinafter “Technical Support.”) Technical Support may be requested by contacting us at firstname.lastname@example.org.
All users expressly recognize the valuable service provided to them by Recruita, and, therefore, expressly agree to not-circumvent this agreement and/or otherwise seek to conduct their relationship with any Prospective Employee or Employer via any means other than through the Web site for a period of two (2) years following the commencement of the relationship between any Prospective Employee and Employer. In the event this provision is breached Prospective Employee and Employer, individually and jointly, agree that he, she, or it shall be liable for any and all lost Placement Fees for the duration of this Non-Circumvention period, calculated as Twenty-Five Percent (25%) of the average annual salary or wages earned by the Prospective Employee from Employer for the duration of this non-circumvention period.
SECTION III: ACCOUNTS, USE OF THE SERVICES
3.1. Online Accounts, Generally.
3.2. Multiple Accounts, Account Sharing, Transfer Prohibited.
You agree you shall not have more than one (1) Account and shall not sell, trade or transfer that Account to any other person or entity. Furthermore, Users shall not share their Accounts with any other person or entity or permit any other person or entity to log into their Accounts. Accounts may be only be accessed from one (1) device at a single time.
3.3. Account Guidelines.
The Web site and/or Services may contain the ability to communicate with other Users via one or more platforms, comments sections, discussion forums, Web sites, landing pages, social media outlets, sales channels, and/or other interactive features, (hereinafter "Interactive Areas,”) in which Users and Third Parties may communicate. By participating in Interactive Areas, you agree and acknowledge that you: (a) shall not upload, distribute or otherwise publish to the Web site and/or the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material; (b) shall not threaten or verbally abuse other Users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam”; (c) shall not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Interactive Areas and use of the Web site and/or the Services; (d) shall not personally attack another User. Personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Interactive Areas and use of the Web site and/or the Services; (e) shall not use the Interactive Areas to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services except for the sale of goods in the scope envisioned by the express purpose of the Web site and Services; (f) shall not upload, post or otherwise transmit any content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability; (g) shall not post unauthorized commercial communications (such as spam); (h) shall not upload, post or otherwise transmit any content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them; (i) shall not upload, post or otherwise transmit content that does not generally pertain to the designated topic or theme of any Interactive Area; (j) shall not impersonate any person or entity, including, but not limited to, any of our employees representatives or agents, or falsely state or otherwise misrepresent your affiliation with any person or entity; (k) shall not interfere with any other User's right to privacy, including by harvesting or collecting personally-identifiable information about other Users of our Interactive Areas or posting private information about a Third Party; (l) shall not engage in unlawful multi-level marketing, such as a pyramid scheme; (m) shall not upload, post or otherwise transmit any content, software or other materials that contain a virus or other harmful or disruptive component; (n) shall not interfere with or disrupt the Web site, Services, the Interactive Areas or the servers or networks connected to the same, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, Web site, and/or the Interactive Areas; and (o) shall not facilitate or encourage any violations of these Terms of Service or our policies.
3.4. Rights in Submissions.
Should you submit, display, publish or otherwise post any content to an Interactive Area, such as photographs, job descriptions, resumes, or other information, (hereinafter a “Submission,”) you agree to grant to us and our partners and affiliates a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submission in any and all media now known or hereinafter developed for hosting, indexing, caching, distributing, tagging, marketing, and/or for all other lawful purposes whatsoever without the requirement to make payment to or seek permission from you or any Third Party. You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submission does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
3.5. Right to Monitor.
We shall have the right to monitor your Account in our sole and exclusive discretion.
SECTION IV: THE SERVICES FOR PROSEPCTIVE EMPLOYEES
4.1. Job Listings, Interview Requests.
As part of the Services we provide, we make available to Prospective Employees job listings. These listings are a means of introducing Prospective Employees to job openings and do not constitute a binding offer of employment.
Use of the Web site and Services is free for Prospective Employees.
4.3. Notice Required.
Prospective Employees are required to notify us within five (5) calendar days if he or she accepts an offer of employment either an independent contractor or employee with an Employer through any job listing made available through the Services.
4.4. Cancellation of Services.
You may cancel your use of the Services at any time by contacting us at email@example.com. In the event that you elect to cancel your use of the Services you agree and acknowledge that your access to the Services shall be immediately restricted, and you may not be able to reactivate your Account or sign up again for the Services at a future date.
SECTION V: THE SERVICES FOR EMPLOYERS
5.1. Employer Obligations, Generally.
In exchange for the Services Employer agrees to pay to us a Placement Fee as set forth herein for any Prospective Employee employed and/or contracted by Employer within two (2) years of the date of Employer’s first contact with the Prospective Employee through the Services. Notwithstanding the forgoing, in the event of a dispute as to when and through whom an Employer first connects with a Prospective Employee, in the event that the Employer can establish that the Employer had employment-related contact with a Prospective Employee for the same position for which the Prospective Employee was hired prior to using our Services, Employer may be exempt from paying our Placement Fee. Such exemptions are granted in our sole and exclusive discretion after considering all evidence presented by Employer.
5.2. Employment Decisions.
The Parties agree and acknowledge that any and all employment decisions related to any and all Prospective Employees recruited and/or staffed for the Employer by us shall be made in the Employer’s sole and exclusive discretion.
5.3. Employment Practices.
The Parties hereby expressly and mutually agree and assert that they comply with all federal and state rules and regulations related to Prospective Employee pre-screening, interview and application, hiring, retention, termination, and all other employment practices.
5.4. Management of Employees; Recruita not an Employment Agency.
Employers agree and acknowledge that Recruita is a recruitment and staffing agency and not an employment agency. Thus, Employer agrees to undertake full management, supervision, and control of all employed or otherwise contracted Employees. We shall retain no control, supervision or management responsibilities over said Employees.
5.5. Unauthorized Business.
In addition to the prohibited uses set forth in these Terms, our Services and/or the Web site may not be used by an Employer to cause us to advertise on his, her, or its behalf employment in any of the following service areas, (“Unauthorized Business:”) (a) sale of adult goods or services; (b) sale of products or services in the following sectors: gambling, securities, drugs, arms and weapons or other highly-regulated sectors; or (c) for sales of illegal goods or services, which shall include but not be limited to illegal software or illegal downloads such as music, films or games.
5.6. Accuracy of Listing.
Employer shall be responsible for ensuring any and all listings are complete and accurate at all times, including but not limited to the salary, qualifications required, benefits, and job location.
5.7. Placement Fee.
The Placement Fee for any Prospective Employee employed and/or contracted by the Employer within two (2) years of the date of contact through the Services shall be twenty-five percent (25%) of the gross annual salary for direct hire employees and fifty percent (50%) of the gross hourly rate paid to a contract, part-time, freelance and/or hourly employee for their first six (6) months of employment. Said Placement Fee shall be due and owing regardless of whether Employer employs or contracts with a Prospective Employee for the referred position or any other position within the Prospective Employee, its partners, affiliates, subsidiaries, associated companies, and parent companies.
In the event that a Contractor Engagement results in the contractor accepting an Employment Offer, the Employer shall pay a Placement Fee equal to a percentage of the Prospective Employee’s first year gross annual salary (the “Conversion Upfront Placement Fee”), based on the information outlined below. The Conversion Upfront Placement Fee amount shall be due and payable thirty (30) days after the Start Date.
Hours Worked For Employer Conversion Fee Less than 520 Hours = 25%
521 - 1,040 Hours = 12.5%
More than 1,040 Hours = No fee
5.8. Payment of Placement Fee; Late Payment.
The Placement Fee shall be due and owning at the time of hire of a Prospective Employee with payment to be made no later than thirty (30) calendar days from the Prospective Employee’s start date for salaried hires and fifteen (15) calendar days from the invoice date for all part-time, contract hires. Late and/or incomplete payments of the Placement Fee shall incur compounding interest at the rate of one percent (1%) per month until paid in full.
5.9. Form of Payment of Placement Fee.
The Placement Fee shall be paid via bank transfer or major credit/debit card.
5.10. Membership Fees.
Employers who wish to take advantage of our month-to-month Membership Program will have the ability to connect with more Prospective Employees via our Services. Participation in the Membership Program requires the payment of a monthly fee by the Employer, (a “Membership Fee.”) The Membership Fee for the Membership Program shall be set out in the Membership Agreement.
5.11. Billing Cycle; Payment Date; Partial Months of Service.
The Membership Fee shall be subject to a monthly billing cycle, (the “Billing Cycle,”) with the first (1st) day of the first (1st) billing cycle to be the first date the Employer registers as a member of the Membership Program and accepts these Terms of Service. The Service Fee shall be due and owing on the first (1st) day of each Billing Cycle to be applied to services rendered in that Billing Cycle. No Service Fee shall be pro-rated for Billing Cycles of Service or meditation sessions received unless expressly agreed to by Service Provider, in writing.
Employer shall be electronically invoiced no fewer than five (5) calendar days before the end of each Billing Cycle for the coming Billing Cycle, (the “Billing Date.”)
5.13. Payment of Membership Fees.
The full and complete pre-paid Membership Fee shall be due on the first (1st) day of each Billing Cycle and shall be made via authorized automatic debit of Employer’s bank account or credit card, as elected by Employer pursuant to the Automatic Debit Authorization Agreement and as amended from time to time at Employer’s discretion and upon written notice to us or via the Web site.
5.14. Denied Payment; Late Payment.
Should Employer fail to make arrears for any denied payment plus all fees within three (3) days following the Billing Date we shall have, in its sole and exclusive discretion, the right to suspend or otherwise terminate the provision of its Services.
A late fee of Fifteen Percent (15%) per annum plus prime shall be added to any and all unpaid invoices. In the instance of an unpaid invoice we reserve the right to stop the provision of the Services until all outstanding amounts due and owing have been received.
5.15. Refunds and Returns.
Due to the nature of the Services rendered, no refunds or returns shall be granted, except as set forth herein, for any reason whatsoever.
5.16. Payment of Taxes and Other Fees.
Employer agrees to pay any and all applicable sales, use, and/or other taxes that apply to our Services provided pursuant to this Agreement. In the event the Employer fails to pay any fees when due or causes any other claims to arise out of this Agreement, Employer agrees to pay all attorneys’ costs and fees related to collection and litigation.
5.17. Maintenance of Records.
Employer shall maintain accurate and complete records reflecting employment decisions regarding any and all Prospective Employees referred to the Employer by us and shall provide open access to the same to us upon our reasonable request.
5.18. Our Guarantee.
We guarantee our Employers will find great Prospective Employees through our services. Thus, in the event a hire does not work out and the Placement Fee has been paid in full, we are pleased to offer our Employers a refund of their Placement Fee in the event a Prospective Employee quits or is fired due to poor performance within the first sixty (60) calendar days following the Prospective Employee’s start date. This guarantee shall not apply to terminations that were not for cause, terminations due to lack of work, terminations due to corporate layoffs and/or restructuring, terminations due to project cancellation, terminations resulting from a change in project location, and/or terminations caused by a force majeure. In no event shall we be responsible for returning the Placement Fee in whole or in part should Employer choose not to hire a replacement Prospective Employee through our Services in the event a qualified replacement was offered to Employer within three (4) weeks of termination of the originally-hired Prospective Employee. This guarantee applies only to salaried placements and not monthly or hourly placements nor does it apply to any Membership Fees.
5.19. Notice Required.
Employers are required to notify us within five (5) calendar days if they hire a Prospective Employee either as an independent contractor or employee through the Services.
SECTION VI: INTELLECTUAL PROPERTY; PRIVACY
6.1. Intellectual Property Rights Not Waived.
This is an Agreement for access to and use of the Web site and/or the Services, and you are not granted a license to any software or intellectual property by these Terms of Service. The Web site and Services are protected by U.S. and, where applicable, international intellectual property laws. The Web site and Services belong to us and are the property of us or our licensors (if any). We retain all ownership rights in the Web site and Services.
Furthermore, all material displayed or transmitted on or via the Web site and/or Services, including but not limited to guides, text, photographs, images, illustrations, video clips, audio clips, and graphics, (hereinafter “Materials,”) are owned by us and are protected by U.S. and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties.
Except as provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on the Web site, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials.
You may make a single print copy of any Materials provided by us on or via the Web site and/or the Services for personal, non-commercial use only, provide that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Materials. You may not archive or retain any of the Materials accessed via Web site and/or Services without our express written permission. All requests for archiving, republication or retention of any part of the Materials must be sent to us and must clearly state the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to firstname.lastname@example.org.
You acquire no rights or licenses whatsoever in the Materials other than the limited right to use the Web site and the Services in accordance with these Terms of Service. Any of the Materials accessed or downloaded from the Web site and Services must be accessed or downloaded in accordance with the Terms of Service specified in this Agreement. We reserve any rights not expressly granted under these Terms of Service.
You may have the opportunity to provide reviews, suggestions, ideas, and feedback, (hereinafter, collectively, “Feedback”). Should you so provide such Feedback you grant us sole ownership of the same, which includes, without limitation, the right for us or any Third Party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non-confidential.
If it is determined by a court of law or arbitrator that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that (a) you do not require that any personally-identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also permit any other User to access, view, store or reproduce the content for that User's personal use.
Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions and the like relating to us or our initiatives, (hereinafter your “Ideas.”) With respect to your Ideas you acknowledge that: (a) we receive numerous submissions from many parties and/or may have independently-developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority or originality; and (b) our use of any ideas similar to your Ideas, whether based on your Feedback or Submissions, provided to us by Third Parties, or independently-developed or considered by us, shall be without obligation to you.
6.3. Grant of License.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website athttp://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using our Web site that are reported to our Designated Copyright Agent.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Web site by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. Upon receipt of the Notice, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the Site.
How to file a DMCA Notice of Alleged Infringement ("Notice"):
1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Web site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
• "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
• "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Designated Copyright Agent:
506 2nd Avenue, Ste. 1400 Seattle, WA, 98104
If you receive a notification that your content has been removed due a copyright complaint and/or your Account terminated, it means that the content has been deleted from our Web site at the request of the content's owner. If your Account receives too many copyright complaints, you may lose the ability to transmit new content, and your Account may be disabled completely.
If you believe content was removed in error and/or your Account terminated, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint. If we do not receive notice within ten (10) business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, we will remove the complaint from your Account's record, and we may replace the content that was removed at our discretion.
Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
To file a counter-notice, email your counter-notice to email@example.com and include the following:
1. Your name, address, and telephone number.
2. DMCA ID printed at the bottom of the notification email.
3. The source address of the content that was removed (copy and paste the link in the notification email).
4. A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
5. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided the original complaint under subsection (c)(1)(C) or an agent of such person.
6. A physical or electronic signature.
SECTION VII: Third-Party Advertisements, Promotions, and Links
7.1. Third Party Advertisements and Promotions.
We may, from time to time, run advertisements and promotions from Third Parties on the Web site and/or the Services. Your dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of Third-Party advertisers on the Web site and/or the Services.
7.2. Use of Third-Party Tools.
We may provide you with access to Third-Party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional Third-Party tools.
Any use by you of optional tools offered through the Web site and/or the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant Third-Party provider.
We may also, in the future, offer new services and/or features through the Web site and/or the Services, including but not limited to the release of new tools. Such new features and/or Services shall also be subject to these Terms of Service.
7.3. Third-Party Links.
Certain content, products and Services available via our Web site and/or Services may include materials from Third-Parties.
Third-Party links on the Services may direct you to Third-Party Web sites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any Third-Party materials or Web sites and/or services, or for any other materials, products, or services of Third-Parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party with whom you connect via the services. Please review carefully the Third-Party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party products should be directed to the Third-Party.
SECTION VIII: DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION
8.1. Disclaimer of Warranty; Limitation of Liability.
(A) YOU AGREE THAT USE OF THE WEB SITE AND THE SERVICES IS AT YOUR SOLE RISK. NEITHER US nor our AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS or LICENSORS, WARRANT THAT THE use of the Web site AND/OR THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE; NOR DO we MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE AND/OR THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED. We make no warranty regarding the suitability for any Prospective Employee for any position or the accuracy of the facts and information concerning any Prospective Employee or Employer as supplied by said Prospective Employee or Employer.
(B) ANY DOWNLOADABLE SOFTWARE, PRODUCTS OR OTHER MATERIALS, WITHOUT LIMITATION, IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AGAINST INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.
(C) ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THE WEB SITE AND VIA THE SERVICES ARE BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE WEB SITE AND/OR THE SERVICES.
(D) IN NO EVENT SHALL WE, our AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS or LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, personal injury or death, property damage, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEB SITE AND/OR THE SERVICES, ANY INTERACTIONS WITH ANOTHER USER, AND/OR ANY SALES OR TRANSACTIONS.
(E) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY utilizing THE WEB SITE AND THE SERVICES YOU ACKNOWLEDGE AND AGREe TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE Utilize THE WEB SITE or the services.
(F) OUR LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF our AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS AND LICENSORS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO RECRUITA IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00,) WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
The above limitations shall survive these Terms and inure to the benefit of us and our affiliates and respective directors, officers, members, employees, contractors, parents, subsidiaries, agents, Third-Party content providers and licensors.
You agree to defend, indemnify and hold us harmless, as well as our AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS or LICENSORS, from and against all claims, SUITS, and expenses, including attorneys' fees, arising out of OR RELATED TO (a) YOUR USE OF THE WEB SITE AND/OR SERVICES; (B) your noncompliance with or breach of this Agreement; (C) your use of third-Party SERVICES, products, links, advertisements, and/or tools; (D) YOUR VIOLATIONS OF ANY THIRD-PARTY RIGHTS, INCLUDING THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; (E) any and all claims of vicarious liability for the actions of a Prospective Employee and/or Employer; (F) the violation of any state, federal, and/or local, law, rule, regulation, and/or ordinance related to employment practices and compliance issues; and/or or (G) the unauthorized use of the Web site AND/OR SERVICES by any other person using your information. We shall provide notice to you promptly of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
SECTION IX: GOVERNING LAW; ARBITRATION
9.1. Governing Law.
These Terms shall be governed and construed in accordance with the laws of the state of Washington without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in King County, Washington, and any cause of action that relates to or arises from these Terms and/or the Web site and/or the Services must be filed therein unless subject to the binding arbitration provisions of Section 9.2, infra.
The Parties agree that any dispute concerning, relating, or referring to these Terms and/or the Web site and/or the Services shall be resolved exclusively by binding arbitration in accordance with the substantive laws of the state of Washington and shall be brought for arbitration in King County, Washington, pursuant to the rules of the American Arbitration Association. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Nothing herein prevents either Party from seeking any interim injunction it deems necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction.
SECTION X: MISCELLANEOUS
10.1. Affiliate Disclosure.
We may have an affiliate relationship with Third-Parties and affiliates to whose products and/or services we link and promote through the Web site and/or the Services. Because of this relationship we may earn a commission on products purchased by a User from a Third-Party affiliate.
10.2. Server Location; International Transfer.
10.3. Communications Decency Act.
For the avoidance of doubt, you acknowledge that we are a provider of an interactive computer service and not a publisher under Section 230 of the Communications Decency Act of 1996, and therefore not responsible for any Submissions. If, notwithstanding the provisions of this clause, a court of competent jurisdiction holds us liable in respect of any matters arising under or incidental to this Agreement, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR RELATED SERVICES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) WILL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR USING THE WEBSITE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM, OR, IF NO AMOUNT WAS PAID, SUCH LIABILITY WILL BE LIMITED TO $1,000. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
10.4. California Users and Residents.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Recruita must be sent to our agent for notice to: firstname.lastname@example.org.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such Party and enforceable in accordance with its Terms.
Any waiver of a right under these Terms of Service shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a Party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.
10.7. Force Majeure.
We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.
We shall have the right to assign and/or transfer these Terms of Service and our rights and obligations hereunder to any Third Party after notifying you as provided for herein. You agree and acknowledge that you shall not assign or transfer its rights or sub-contract or delegate the performance of any of its obligations under these Terms of Service without our prior written consent in our sole and exclusive discretion.
10.9. Rights of Third Parties.
These Terms do not give any right to any Third Party unless explicitly stated herein.
10.10. Relationship of the Parties.
The Parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture, employer or agency relationship between them. Neither Party has authority to enter into Terms of any kind in the name of the other Party.
If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
Except as explicitly stated otherwise, any notices shall be given by postal mail to us at Recruita, 506 2nd Avenue, Ste. 1400 Seattle, WA, 98104. In the case of any User, any notices shall be given to the email address you provide to us (either during the registration process or when your email address changes). Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us upon Account registration. In such case, notice shall be deemed given three days after the date of mailing.
10.13. Updates & Effective Date.
The effective date of these Terms is this 10th day of January, 2017. From time to time, we may update these Terms of Service by prominently posting a notice of update to the Web site and contacting you at the email you provided upon registration, so we encourage you to review them often.