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Terms and Conditions

 

1. GENERAL This Terms of Use Agreement ("Agreement") governs your access and use of the HireFlyer.com, Inc. (“HireFlyer.com”) Web site located at www.hireflyer.com (the "Site"). By accessing, browsing, and using this Site, you agree that you have read, understood, and are bound by the terms and conditions of this Agreement. Please read it very carefully and let us know if you have any questions. If you do not agree with any of the terms herein, do not use the Site.

2. GOVERNING LAW This Agreement and your use of the site SHALL BE GOVERNED BY THE LAWS OF THE STATE OF California, without regard to principles of conflict of laws.

3. USE OF THE SITE The Site is intended for individuals seeking or exploring employment opportunities and for employers or recruiters seeking individuals for employment. You may only use this Site for its intended purpose and solely in accordance with this Agreement. You agree not to sell or modify the content on hireflyer.com or reproduce, display, distribute or otherwise use the hireflyer.com content in any way for any public or commercial purpose or that otherwise infringes Hireflyer.com, Inc.’s (“Hireflyer”) or its client’s intellectual property rights. The Site may contain links to other Internet sites and third-party resources. Hireflyer.com is not responsible for either the availability of these outside resources or their content.  Hireflyer.com may, but is not obligated to, monitor your use of the Site. As part of your use of the Site, you may be asked to create an account and provide Hireflyer.com with certain registration information including, without limitation, a valid email address. You warrant that all such registration information is accurate and truthful, and you agree to update such information as necessary. You may also be asked to choose or be assigned a user name and password. You are responsible for maintaining the confidentiality of such information.

4. PROHIBITED USES You may not use Hireflyer.com to transmit, post, distribute, store or destroy material, including without limitation, Hireflyer.com content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. HireFlyer.com specifically prohibits any use of Hireflyer.com, and you agree not to do any of the following: (a) post any jobs on Hireflyer.com for any competitor of Hireflyer.com; (b) post jobs or content on Hireflyer.com that contains hyperlinks, references to hyperlinks, hidden keywords or keywords that are irrelevant to the job or are otherwise misleading; (c) use any Hireflyer.com content for any purpose other than as an employer seeking employees or as an employee seeking employment; (d) post or submit to hireflyer.com any incomplete, false or inaccurate biographical information or information which is not your owes; (e) take any action that imposes an unreasonable or disproportionately large load on Hireflyer.com’s infrastructure; (f) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Hireflyer.com site; (g) attempt to gain access to secured portions of the site to which you do not possess access rights; (h) upload or transmit any form of virus, worm, Trojan horse, or other malicious code; or (i) use the Site to generate unsolicited email advertising or spam. Any misconduct on the part of employers, recruiters, or job seekers will be cause for their removal from the site without refund of any monies and the contract will be recinded immediately.

5. INTELLECTUAL PROPERTY The content of this Site is protected by law, including without limitation United States copyright law, trademark law, and applicable international treaties. All content, including applicable copyrights, trademarks and other proprietary rights, is the property of Hireflyer.com or its respective owners. You are granted permission to display, reproduce, distribute, and download the materials on this Site solely for your own personal, non-commercial use, provided that none of the content is modified and all of Hireflyer.com's legal legends are retained. You may not "mirror" any content contained within this Site without the express prior written consent of hireflyer.com. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without the prior written permission of Hireflyer.com or the appropriate copyright owner. Hireflyer.com does not grant you any licenses, express or implied, to the intellectual property of Hireflyer.com or its licensors except as expressly stated in this Agreement.
Hireflyer.com acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, Hireflyer.com may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Hireflyer.com will have no liability or responsibility to users for performance or nonperformance of such activities. Hireflyer.com reserves the right to expel users and prevent their further access to the Web site for violating the Terms of Use or the law and the right to remove communications that are abusive, illegal, or disruptive. Hireflyer.com may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Hireflyer.com or may cause Hirelfyer.com to lose (in whole or in part) the services of its ISPs or other suppliers.
Any misconduct on the part of employers, recruiters, or job seekers will be cause for their removal from the site without refund of any monies and the contract will be recinded immediately.

7.  Idemnification By using Hireflyer.com, you agree to hold harmless, indemnify, and defend, its subsidiaries, affiliates, officers, agents, partners, directors, contractors, and employees harmless from any claim and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any content you submit, post, or transmit through Hireflyer.com your use of our service, claims that you have (i) used the site or services in violation of another party's rights or in violation of any law, or (ii) violated any terms of these Terms of Use.

8.  Refunds Hireflyer.com reserves the right to reject any posting that does not meet the standards of Hireflyer.com for any reason. Hireflyer.com cannot guarantee the quantity or quality of the respondents for a job posting, and it serves solely as a conduit for employers and recruiters to advertise job opportunities to job seekers.
Refunds will not be made for postings that have been approved and have been posted on Hireflyer.com.

9. INTERNATIONAL USE This Site is controlled and operated by Hireflyer.com from within the United States. Hireflyer.com makes no representations that materials contained within the Site are appropriate or available for use in other locations, and access to the Site from locations where such activity is illegal is prohibited. Those who choose to use the Site from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.

10. U.S. GOVERNMENT RESTRICTED RIGHTS The content of this Site is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.

11. LIMITATION OF LIABILITY THE SITE IS PROVIDED "AS IS" AND HIREFLYER.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND NON-INTERFERENCE. UNDER NO CIRCUMSTANCES SHALL HIREFLYER.COM BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR LOST PROFITS, OR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE OR THE CONTENT CONTAINED THEREIN, EVEN IF HIREFLYER.COM KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES OR COUNTRIES, SOME EXCLUSIONS OR LIMITATIONS CONTAINED HEREIN MAY NOT APPLY TO YOU.

10. MODIFICATIONS This Agreement may be modified by Hireflyer.com at any time by updating and posting a new version on the Site or by otherwise notifying you of the revised Agreement. By using the Site, you agree to be bound by the terms and conditions of the version of this Agreement that is in force during such use.

11. TERM AND TERMINATION This Agreement is effective as of the date of your first access or use of the Site, and shall remain in effect for the duration of your access or use. This Agreement shall automatically terminate upon your breach of the Agreement.

12. GENERAL The state or federal courts sitting in Alameda County, Califonia shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement, and you hereby consent to the jurisdiction of such courts. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
 

 

 

 



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