Welcome to Smarter Way to Hire, owned by Hiring App, LLC (“Smarter Way to Hire,” “we,” or “our”).
You may become a “Member” of the Service, which shall be defined as a person who uses the Service and/or provides information to the Service, whether as a free or paid member.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION AND CLASS ACTION WAIVER CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
2. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
3. Eligibility. In order to use the Service, you must meet the following requirements: (i) you must be at least eighteen (18) years of age. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
The Service is also not available to any users who have been previously removed or suspended from the Service.
4. Commercial Use of Service.
If you are using and/or accessing the Service on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
Illegal and/or unauthorized uses of the Service include, but are not limited to, collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Service, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Service in any fraudulent or misleading manner, any automated use of the system, such as scraping the Service, automated scripts, spiders, robots, crawlers, harvesting or data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service, and using the Service in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Service may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of Smarter Way To Hire, which may be revoked at any time, for any reason, in Smarter Way To Hire’s sole discretion.
5. Account Creation and Security. Employers (as defined in Section 7) may create an account on the Service. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Smarter Way to Hire of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Smarter Way to Hire will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your account.
6. Your Use of the Service
a. You must not copy or capture, or attempt to copy or capture, any content from the Websites or Service, unless given express permission by Smarter Way to Hire.
b. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from the Websites and/or Service.
c. You must not use any content in any way that is designed to create a separate service or that replicates any part of the offering of the Service.
d. You must not post any content that solicits, or is designed to solicit, money or services from other Members.
e. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.
f. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent your activity on the Service, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Service.
g. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites.
h. You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content on the Websites.
i. You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
- any content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Smarter Way to Hire’s sole and reasonable discretion;
- any nude or sexually suggestive photographs, videos, or any sexually explicit or vulgar text;
- any information, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
- any content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Smarter Way to Hire’s sole and reasonable opinion;
- any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Service or servers or networks forming part of, or connected to, the Service, or which does or might restrict or inhibit any other user’s use and enjoyment of the Service;
- any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation; or
- impersonates another person or contains photographs, images, or audio of another person without that person’s permission or, if the person is a minor, the minor’s legal guardian.
j. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
k. You must not rent, sell or lease access to the Service, or any content on the Websites.
l. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
m. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Smarter Way to Hire employee. If Smarter Way to Hire determines that any user has threatened, stalked, harassed, or verbally abused any Smarter Way to Hire employee or another Smarter Way to Hire Member, Smarter Way to Hire reserves the right to immediately terminate that user’s membership and suspend access to the Service.
n. You must not sell or transfer, or offer to sell or transfer, any Smarter Way to Hire account to any third party without the prior written approval of Smarter Way to Hire.
o. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
7. Smarter Way to Hire is a Marketplace; Limitation of Liability
Smarter Way to Hire acts as a marketplace to connect Members to one another, specifically companies who are hiring (the “Employers”) with individuals who are seeking employment (the “Applicants”). You acknowledge and agree that Smarter Way to Hire is not a party to any agreement between you and another Member, and that, as further set forth in Section 20, we are not liable to you for any loss incurred as the result of a Member’s acts or omissions, including without limitation failure to communicate, breach of contract, physical injury, death, emotional distress, property damage, conversion, fraud, negligence, and intellectual property violations.
You are solely responsible for your own conduct in using the Service and interacting with other Members. You acknowledge and agree that Smarter Way to Hire does not verify its Members’ statements or conduct background checks, credit checks, or other inquiries into its Members’ backgrounds. We cannot verify the veracity of any statements made by our Members. We cannot and do not make any representation that a Member is complying with any applicable laws, including without limitation that an Employer is compliant with the Affordable Care Act (ACA), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Employee Retirement Income Security Act (ERISA), the Fair Credit Reporting Act (FCRA), the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the National Labor Relations Act (NLRA), the Occupational Safety and Health Act (OSHA), Title VII, the Worker Adjustment and Retraining Notification Act (WARN Act), as well as any child labor, retaliation and whistleblower, and wage and hour laws, or any related or similar state or municipal laws.
Notwithstanding the foregoing, Smarter Way to Hire reserves the right, but is not obligated, to conduct any background check, sex offender check, or other search or screening, using available public records, in its sole discretion.
In the event that Members encounter a dispute that they cannot resolve among themselves, Smarter Way to Hire will make reasonable efforts to help you reach a resolution. However, we cannot guarantee that we will be able to do so, and we cannot make any judgment or determination about the facts or law pertaining to the dispute. You acknowledge and agree that Smarter Way to Hire is not under any obligation to help you resolve a dispute.
Smarter Way to Hire encourages you to communicate directly with Members through the tools available on the Websites.
8. No Employment or Agency Relationship.
9. You Bear Risk of Upload. Smarter Way to Hire uses reasonable security measures in order to attempt to protect any content or information that you upload, including without limitation any information, photographs or other images, or intellectual property (collectively, “Your Content”). However, Smarter Way to Hire cannot guarantee that there will be no unauthorized copying or distribution of Your Content nor will Smarter Way to Hire be liable for any copying or usage of Your Content not authorized by Smarter Way to Hire. You hereby release and forever waive any claims you may have against Smarter Way to Hire for any such unauthorized copying or usage of Your Content, under any theory of liability. THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY SMARTER WAY TO HIRE HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Smarter Way to Hire reserves the right, in our sole discretion, to limit the quantity or method of communications that you may send to other Members within a set period of time.
Without limiting the foregoing, Smarter Way to Hire has the right to cooperate fully with any court or law enforcement agency or authority ordering or requesting that we disclose the identity of, or any other information about, anyone posting any materials on or through the Websites or Service. YOU AGREE TO WAIVE AND HOLD HARMLESS SMARTER WAY TO HIRE, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES, DURING, IN RESPONSE TO, OR AS A RESULT OF, ITS INVESTIGATIONS, AS WELL AS FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH INVESTIGATIONS, WHETHER BY SUCH PARTIES OR BY A COURT OR LAW ENFORCEMENT AGENCY OR AUTHORITY.
Notwithstanding the foregoing, Smarter Way to Hire cannot and does not undertake to review all materials before they are posted on the Websites or Service. Smarter Way to Hire cannot ensure that objectionable material will be promptly removed after it has been posted.
Smarter Way to Hire assumes no liability for any action or inaction taken by us or any of our affiliates, licensees, and/or service providers, regarding content, communications, or transmissions from or by any user or third party. Smarter Way to Hire has no liability or responsibility to anyone for performance or nonperformance of the aforementioned activities.
10. Membership; Pricing; Charges on Your Account.
b. Billing. Smarter Way to Hire bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay Smarter Way to Hire all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Smarter Way to Hire to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. Smarter Way to Hire reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
c. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
d. Recurring Billing. Our subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Smarter Way to Hire may submit periodic charges (e.g. yearly) without further authorization from you, until you provide prior notice (confirmed in writing by Smarter Way to Hire) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Smarter Way to Hire could reasonably act. You may change your payment method or cancel your paid membership by a provider of your chosen Payment Method (the “Payment Method Provider”) in your account settings on the Websites. For your convenience, we take your payment information so that your Smarter Way to Hire membership will not be interrupted. We auto-renew your membership at the level you selected. Your Smarter Way to Hire subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate (if applicable). You may cancel in your account settings or by sending us an email at firstname.lastname@example.org. Please note that you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
e. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY SMARTER WAY TO HIRE IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE SMARTER WAY TO HIRE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT SMARTER WAY TO HIRE MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY SMARTER WAY TO HIRE).
f. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
g. Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Smarter Way to Hire is authorized to charge your Payment Method. Smarter Way to Hire may submit those charges for payment and you will be responsible for such charges. This does not waive Smarter Way to Hire’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
h. Free Trial; Promotion. We may provide a free trial or other promotion (the “Promotion”), which Promotion may provide you access to some or all features afforded to paying members of the Service. In order to avoid being charged a subscription fee for the Service, you must cancel your subscription prior to the termination of the trial period. If you cancel prior to the termination of the trial period yet you are still charged for access to the Service, please contact us at email@example.com.
11. Modifications to Service, Termination of Service. Smarter Way to Hire reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Smarter Way to Hire shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. Blocking of IP Addresses. In order to protect the integrity of the Services, Smarter Way to Hire reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites and/or Service.
If either you or Smarter Way to Hire terminates your membership, you may lose Your Content or any other information stored on or in association with your account.
14. Geographic Restrictions. Smarter Way to Hire does not warrant or guarantee that the Service, or any of its content, is or will be accessible and/or legally permissible outside of the United States. Access to the Service, or certain parts thereof, may not be legal by certain persons or in certain countries. You acknowledge and agree that if you choose to access the Service from outside the United States, you do so entirely on your own initiative and at your own risk, and that you are solely responsible for compliance with local laws.
15. Third Party Content. Smarter Way to Hire may provide third party content on the Websites and/or Service and may provide links to webpages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. Smarter Way to Hire does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that Smarter Way to Hire does not create Third-Party Content, nor does Smarter Way to Hire update or monitor it. Smarter Way to Hire is therefore not responsible for any Third-Party Content on the Service. Members use such Third-Party Content at their own risk.
The Service may include links or references to other web sites or services solely as a convenience to Smarter Way to Hire users (collectively, the “Reference Sites”). Smarter Way to Hire does not endorse any Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and the relevant advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
16. Intellectual Property. Smarter Way to Hire, the Smarter Way to Hire logos and any other product or service name or slogan contained in the Service are trademarks of Smarter Way to Hire or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Smarter Way to Hire or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that Smarter Way to Hire may provide you from time to time.
Smarter Way to Hire retains all proprietary rights in the Websites and the Service, except where otherwise noted. The Websites contain the copyrighted material, trademarks, and other proprietary information of Smarter Way to Hire, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on Smarter Way to Hire is proprietary. Except where otherwise specified in this Agreement, all content is copyrighted material of Smarter Way to Hire and for Smarter Way to Hire Members’ use only. Distribution of content to others is strictly prohibited. You agree that Smarter Way to Hire would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Smarter Way to Hire shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Websites or Service, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- You may store files that are automatically cached by your Web browser for display enhancement purposes;
- You may print one copy of a reasonable number of pages of the Websites for your own personal, non-commercial use and not for further reproduction, publication or distribution;
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify any materials on the Service, or any copies thereof;
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Websites or Service or any services or materials available through the Websites or Service.
You may not use any metatags or any other hidden text utilizing ” Smarter Way to Hire ” or any other name, trademark or product or service name of Smarter Way to Hire without our prior written permission. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Smarter Way to Hire and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.
The Service is owned and operated by Smarter Way to Hire. Unless otherwise indicated, all content and other materials on the Service, including, without limitation, Smarter Way to Hire’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).
17. Ownership of Your Content; Licenses.
Smarter Way to Hire does not claim ownership of Your Content. However, with respect to Your Content, you grant Smarter Way to Hire a worldwide, royalty-free, irrevocable, and non-exclusive license(s) to use, publish, distribute, modify, reproduce, sell, and publicly display such content on the Service or elsewhere, for any purpose whatsoever including without limitation monetary gain.
In the event that you send any unsolicited ideas, suggestions, or feedback to Smarter Way to Hire (collectively, the “Feedback”), you acknowledge and agree that such Feedback is non-confidential and non-proprietary to you, and you grant to Smarter Way to Hire a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, and publicly display such Feedback for any reason or purpose, without attribution or compensation to you.
18. Copyright Policy. Smarter Way to Hire prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
7460 Warren Pkwy STE 100
Frisco, TX 75034
When contacting us, please make sure that you include the following information:
a. a statement that you have identified content on Smarter Way to Hire that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
b. a description of the copyright work(s) that you claim have been infringed;
c. a description of the content that you claim is infringing and the Smarter Way to Hire URL(s) where such content can be located;
d. your full name, address and telephone number, a valid email address on which you can be contacted, and your Smarter Way to Hire user name if you have one;
e. a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. ¤512(c), please also include the following:
g. with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
h. your electronic or physical signature (which may be a scanned copy).
Smarter Way to Hire will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
19. Repeat Infringer Policy. In accordance with the DMCA and other applicable laws around the world, Smarter Way to Hire has adopted a policy that it will promptly terminate without notice any user’s access to the Service if that user is determined by Smarter Way to Hire to be a “repeat infringer.” A repeat infringer includes, without limitation, a user who has been notified by Smarter Way to Hire of infringing activity violations more than twice and/or who has had any user-submitted content removed from the Service more than twice. Smarter Way to Hire may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
In addition, Smarter Way to Hire accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.
20. Limitation of Liability. In no event shall Smarter Way to Hire be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in the Websites or Service or in any written or oral communications from Smarter Way to Hire or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Websites and Service, along with the services provided by employees of the Websites and Service, are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Smarter Way to Hire makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites or Service will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL SMARTER WAY TO HIRE, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES OR SERVICE, EVEN IF SMARTER WAY TO HIRE HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL SMARTER WAY TO HIRE HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, OR YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO PHYSICAL INJURY, DEATH, EMOTIONAL DISTRESS, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF SMARTER WAY TO HIRE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT SMARTER WAY TO HIRE SHALL HAVE NO LIABILITY FOR DAMAGES ARISING FROM ANY DISPUTE BETWEEN YOURSELF AND ANOTHER USER OF THE SERVICE.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Smarter Way to Hire and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to Smarter Way to Hire during the six months prior to notice to Smarter Way to Hire of the dispute for which the remedy is sought.
21. Reliance on Information Posted. The information presented on or through the Websites and/or Service is made available solely for general information purposes. Smarter Way to Hire does not warrant the accuracy, completeness or usefulness of any such information. Any reliance you place on such information is strictly at your own risk. Smarter Way to Hire disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
This Service may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, content creators, aggregators and/or reporting services. All statements and/or opinions expressed in such materials, and all articles and responses to questions and/or other content, other than content provided by Smarter Way to Hire, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Smarter Way to Hire, and Smarter Way to Hire is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
22. Indemnity by You. You agree to indemnify and hold Smarter Way to Hire, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
c. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Smarter Way to Hire.
24. Parental or Guardian Permission. Some of the content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE WEBSITES AND/OR SERVICE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE SMARTER WAY TO HIRE THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
25. Communications from Smarter Way to Hire. Smarter Way to Hire may, at its sole discretion, provide you with notices, including without limitation notices regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including without limitation by email, regular mail, SMS, MMS, text message or postings on the Service. By using or accessing the Service, you expressly consent to receive such communications. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You acknowledge and agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
26. Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Texas, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Texas with the same force and effect as if such service had been made within the State of Texas. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
27. Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Texas, County of Collin, or the United States District Court for the Eastern District of Texas. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Texas, County of Collin, or the United States District Court for the Eastern District of Texas.
31. SMS/MMS Text Messaging Terms. The Service, also known as HiringApp includes text messaging from non-users known as Applicants (Subscribers). The following terms apply to Applicants
31.1 Messages. Applicants can expect messages requesting information related to applying for employment from the Users of the system (Business), such as the Applicant name and why they want to work at the Business.
31.2 Cancellation. Applicants can cancel the SMS service at any time by texting “STOP”. You will receive a message confirming that you have been unsubscribed. After this, you will no longer receive any messages from the system, but you will be able to re-apply by the same way you did before.
31.3 Help/Support. If you are experiencing issues with the messaging program, you can reply with the keyword “HELP” for more assistance, or you can get help directly at firstname.lastname@example.org
31.4 Receving/Sending Messages. Carriers are not liable for delayed or undelivered messages.
31.5 Rates/Charges. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive messages after you send a text, and possibly one reminder or question if you stop replying after starting an application. If you any questions about your text plan or data plan, it is best to contact your wireless provider.
Please contact us with any questions regarding this agreement. Smarter Way to Hire is a trademark of Hiring App, LLC.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.