Revised: 10 August 2009
Hired4Sure, Inc. (“Hired4Sure”, “us”, or
“we”) provides services related to sharing information about
professional questions (the “Services”) in connection with the
Hired4Sure website, located at http://www.Hired4Sure.com (the
“Site”).
This Terms of Use Agreement (“Agreement”), including the
Hired4Sure including the Hired4Sure Privacy Policy which is hereby incorporated
into this Agreement by reference, sets forth the legally binding terms for your
use of the Services. The current version of this Agreement was first posted on
10 August 2009 and becomes effective as of 10 August 2009. By accessing and using
the Services, you agree to comply with and be bound by this Agreement, whether
you are visiting the Site (”Visitor”) or you are a
“Member” (which means that you have registered on the Site).
The term “User” refers to both Visitors and Members.
If you sign up for additional features and services that are governed by
additional terms and conditions, we will inform you accordingly when you sign up
for these additional features and services. Unless otherwise provided by the
additional terms and conditions, they are hereby incorporated into this
Agreement by reference.
Please read this Agreement carefully before using the Services or parts
thereof. This Agreement is a legally binding agreement between you (the
individual using the Services, and the company (if any) for which they are used)
and Hired4Sure.
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Your Hired4Sure Account
In order to use the Services (and to become a Member), you can create a
Hired4Sure account on the Site or visit the Site .
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Eligibility. By using the Services, you represent and
warrant that: (a) all registration information you submit is truthful and
accurate; (b) you will maintain the accuracy of such information; (c) you are
thirteen (13) years of age or older upon registration; and (d) your use of the
Services does not violate any applicable law or regulation, or any other
obligation (including contractual obligation) you might have towards third
parties. Any Account you have created by
registering on the Site may be deleted without warning if we believe that any
representation and warranty you make hereunder is breached or inaccurate.
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Password. When you sign up to become a Member, you will
also be asked to choose a password for your Account. You are entirely
responsible for maintaining the confidentiality of your password. You agree not
to use the Account or password of another Member at any time. You agree to
notify us immediately if you suspect any unauthorized use of your Account or
access to your password. You are solely responsible for any and all use of your
Account.
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Term and Termination. This Agreement shall remain in full
force and effect (a) while you are using the Services, if you are a Visitor, and
(b) for the duration of your membership, if you are a Member. You may delete
your Account and end your membership at any time, for any or no reason by
sending your request to Customer Care; please note that even if you delete your
Account but continue to use the Services as a Visitor, your use of the Services
is still subject to this Agreement. Unless Hired4Sure has terminated your
Account. We may terminate your membership
for any or no reason at any time by ceasing to provide the Services to you. You
understand that termination of this Agreement and the Account you have created
with us may involve deletion of your Account information from our live
databases. We will not have any liability whatsoever to you for any termination
of your Account or related deletion of your information.
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Ownership; Use of Services
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Your Grant. We do not claim ownership in any Content that
you upload, provide, make available, or otherwise transfer
(“post”) on the Services, but to be able to legally provide our
Users with the Services, we have to have certain rights to use such Content in
connection with the Services, as set forth below. In return, we also grant you
certain use rights as set forth in Section 2.2 to the Content that we (or our
licensors) own and use to provide the Services to you and other Users. By
posting any Content on the Services, you hereby grant to us an unrestricted,
irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license
(with the right to sublicense through unlimited levels of sublicensees) to use,
copy, perform, display, create derivative works of, and distribute such Content
in any and all media (now known or later developed) throughout the world. No
compensation will be paid with respect to the Content that you post through the
Services. You should only post Content to the Services that you are comfortable
sharing with others under the terms and conditions set forth herein.
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Third Party Content. The Services contain Content provided
by us and our licensors (“Hired4Sure Content”). We and our
licensors (including other Users) own and retain all proprietary rights in the
Hired4Sure Content and we own and retain all property rights in the Services.
Provided you are a User, and subject to the terms and conditions of this
Agreement, we hereby grant you a limited, revocable, non-sublicensable license
under the intellectual property rights licensable by us to download, view, copy
and print Hired4Sure Content from the Services solely for your personal use in
connection with using the Services.
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Third Parties and Other Users
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Services – Ownership and Restrictions. You acknowledge that
all the intellectual property rights in the Services (excluding any Content
provided by Users) are owned by Hired4Sure, or Hired4Sure's licensors. You agree
not to (a) reproduce, modify, publish, transmit, distribute, publicly perform or
display, sell, or create derivative works based on the Services or the Hired4Sure
Content and (b) rent, lease, loan, or sell access to the Services.
“Content” means any work of authorship or information,
including Professional or Job Interview Questions and Answers , comments, opinions,
postings, messages, text, files, images, photos, works of authorship, e-mail, or
other materials.
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Hired4Sure Content. Content from other Users, advertisers,
and other third parties is made available to you through the Services. Because
we do not control such Content, (a) you agree that we are not responsible for
any such Content, including advertising and information about third party
products or service, employer, professional or job interview questions and Answers - related information provided
by other Members through Professional or Job Interview Questions and Answers and
(b) we make no guarantees about the accuracy, currency, suitability, or quality
of the information in such Content, and we assume no responsibility for
unintended, objectionable, inaccurate, misleading, or unlawful Content made
available by other Users, advertisers, and third parties.
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Responsibility. Your interactions with other Users on the
Services or with advertisers, including payment and delivery of goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and the other User or
advertiser. You agree that we are not responsible for any loss or damage
incurred as the result of any such dealings or with respect to any other User's
use or disclosure of information about you that you have provided to publicly
available sections of the Services. If there is a dispute between you and any
third party (including any User), we are under no obligation to become involved;
however, we reserve the right, but have no obligation, to monitor disputes
between you and other Users.
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Hired4Sure Member Interaction. You will not use any
information obtained from the Services in order to harass, abuse, or harm
another person, or in order to contact, advertise to, solicit, or sell to any
User without their prior explicit consent. In order to protect our Members from
such advertising or solicitation, we reserve the right to restrict the number of
communications which a Member may send to other Members and the sharing of any
Content in any period to a number and amount which we deem appropriate in our
sole discretion.
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Acceptable Use and Conduct
You are solely responsible for any and all Content that is posted through
your Account on the Services and for your interactions with other Users.
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Prohibited Content. You agree that you will not post any
Prohibited Content or use any Prohibited Content in connection with the
Services. “Prohibited Content” is Content that: (i) is
offensive or promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual, or is pornographic or sexually explicit in
nature; (ii) bullies, harasses or advocates stalking, bullying, or harassment of
another person; (iii) involves the transmission of “junk mail”,
“chain letters,” or unsolicited mass mailing, or
“spamming,”; (iv) is false or misleading or promotes, endorses
or furthers illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous; (v) promotes, copies, performs or distributes an illegal
or unauthorized copy of another person's work that is protected by copyright or
trade secret law, such as providing pirated computer programs or links to them,
providing information to circumvent manufacturer-installed copy-protection
devices, or providing pirated music, videos, or movies, or links to such pirated
music, videos, or movies; (vi) is involved in the exploitation of persons under
the age of eighteen (18) in a sexual or violent manner, or solicits personal
information from anyone under eighteen (18); (vii) provides instructional
information about illegal activities such as making or buying illegal weapons,
violating someone's privacy, or providing or creating computer viruses and other
harmful code; (viii) solicits passwords or personally identifying information
for commercial or unlawful purposes from other Users; (ix) except as expressly
approved by us, involves commercial activities and/or promotions such as
contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains
viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or
similar software; or ; (xi) posts or distributes information which would violate
any confidentiality, non-disclosure or other contractual restrictions or rights
of any third party, including any current or former employers or potential
employers, or (xii) otherwise violates the terms of this Agreement or creates
liability for us.
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Representations Regarding Your Content. You represent and
warrant that: (a) you own the Content posted by you on the Service or otherwise
have the right to grant the license set forth in this Agreement, (b) your
Content does not violate the privacy rights, publicity rights, copyright rights,
or other rights of any person, (c) by providing or posting your Content, you do
not violate any confidentiality, non-disclosure, or contractual obligations you
might have towards a third party, including your current or former employer or
any potential employer, (d) any information you provide in professional or job interview questions and answers
is correct, and (e) any information you provide
about your current, past or potential status as an employee of a certain
employer is correct and complete. Please make sure that you only provide
information to the Services that you are allowed to provide without violating
any obligations you might have towards a third party, including any
confidentiality, non-disclosure or contractual obligations. Please do not
provide any information that you are not allowed to share with others, including
by contract or law; please note that any information you provide will be
accessible by every User of the Services.
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Enforcement by Hired4Sure. Any use of the Services in
violation of this Agreement may result in, among other consequences, termination
or suspension of your rights to use the Services. We may disclose information
about your use of the Services in accordance with our privacy policy. We have
the right (but not the obligation) to review any Content and delete (or modify)
any Content that in our sole discretion violates this Agreement or which is
Prohibited Content, or may otherwise violate the rights, harm, or threaten the
safety of any User or any other person, or create liability for us or any User.
We reserve the right (but have no obligation) to investigate and take
appropriate legal action in our sole discretion against you if you violate this
provision or any other provision of this Agreement, including without
limitation, removing Content from the Services (or modifying it), terminating
your membership and Account, reporting you to law enforcement authorities, and
taking legal action against you. You are solely responsible for creating backup
copies of and replacing any Content you post on the Services at your sole cost
and expense.
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Lawful Use. You will use the Services in a manner consistent
with any and all applicable laws and regulations and solely for lawful purposes.
The Services are for the personal use of Users only. Commercial advertisements,
affiliate links, and other forms of solicitation may be removed from your
Content without notice and may result in suspension or termination of your
Account.
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No Disruption. You will not: (i) cover or obscure any banner
advertisements on the Services, or any Hired4Sure page via HTML/CSS, scripting,
or any other means, (ii) interfere with, disrupt, or create an undue burden on
the Services or the networks or services connected to the Services; (iii)
introduce software or automated agents to the Services, or access the Service so
as to produce multiple accounts, generate automated messages, or to strip or
mine data from the Services; or (iv) interfere with, disrupt, or modify any data
or functionality of the Services.
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Miscellaneous. You will not attempt to impersonate another
User or person, including any of our employees. You will use the Services in a
manner consistent with any and all applicable laws and
regulations.
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Third-Party Websites
The Services may contain links to third-party websites (“Third-Party
Websites”) (a) placed by us as a service to those interested in this
information; or (b) posted by other Members. You use all such links to
Third-Party Websites at your own risk. We do not monitor or have any control
over, and make no claim or representation regarding Third-Party Websites. To the
extent such links are provided by us, they are provided only as a convenience,
and such link to a Third-Party Website does not imply our endorsement, adoption
or sponsorship of, or affiliation with, such Third-Party Website. When you leave
the Site, our terms and policies no longer govern.
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Copyright Policy
It is our policy to terminate membership privileges of any Member who
repeatedly infringes copyright upon prompt notification to us by the copyright
owner or the copyright owner's legal agent. Without limiting the foregoing, if
you believe that your work has been copied and posted on the Services in a way
that constitutes copyright infringement, please provide our Copyright Agent with
the following information: (i) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; (ii) an
identification of the copyrighted work that you claim has been infringed; (iii)
a description of where the material that you claim is infringing is located on
the Services; (iv) your address, telephone number, and e-mail address; (v) a
written statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; (vi) a
statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf. Contact information for our Copyright Agent
for notice of claims of copyright infringement is as follows:
Hired4Sure, Inc.
Attn: Copyright Agent
e-mail: Hired4Sure@gmail.com
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Disclaimers
We are not responsible for any incorrect or inaccurate Content (including any
information in profiles) posted on the Services, whether caused by Users or by
any of the equipment or programming associated with or utilized in the Services.
We are not responsible for the conduct, whether online or offline, of any User
of the Services. We assume no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, any communication with other Users. We are not responsible for
any problems or technical malfunction of any hardware and software due to
technical problems on the Internet or at the Site or combination thereof,
including any injury or damage to Users or to any person's computer related to
or resulting from participation or downloading materials in connection with the
Services. Under no circumstances shall we be responsible for any loss or damage,
including personal injury or death, resulting from use of the Services or from
any Content posted on the Site or transmitted to Users, or any interactions
between Users of the Services, whether online or offline.
The Services are provided “As-Is” and as available. We expressly disclaim any
warranties and conditions of any kind, whether express or implied, including the
warranties or conditions of merchantability, fitness for a particular purpose,
title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that:
(a) the Services will meet your requirements; (b) the Services will be available
on an uninterrupted, timely, secure, or error-free basis; or (c) the results
that may be obtained from the use of the Services will be accurate or
reliable.
Some jurisdictions do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you.
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Limitation on Liability
In no event shall we be liable to you or any third party for any lost profit
or any indirect, consequential, exemplary, incidental, special or punitive
damages arising from your use of the Services, even if we have been advised of
the possibility of such damages. Notwithstanding anything to the contrary
contained herein, our liability to you for any damages arising from or related
to your use of the Services (for any cause whatsoever and regardless of the form
of the action), will at all times be limited to the greater of fifty U.S.
Dollars ($1.0) and the amounts you paid to us in the twelve (12) months prior to
the accrual of the claim.
Some jurisdictions do not allow the limitation or exclusion of liability for
incidental of consequential damages, so the above limitation or exclusion may
not apply to you and you may also have other legal rights that vary from
jurisdiction to jurisdiction.
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Miscellaneous
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Amendments. This Agreement may be modified by us from time
to time.
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Force Majeure. Any delay in the performance of any duties or
obligations of either party will not be considered a breach of this Agreement if
such delay is caused by a labor dispute, shortage of materials, fire,
earthquake, flood, war, terrorism, governmental act, failures of common carriers
(including Internet service providers), acts of God, or any other event beyond
the control of such party, provided that such party uses reasonable efforts,
under the circumstances, to notify the other party of the circumstances causing
the delay and to resume performance as soon as possible.
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Release. To the maximum extent permitted by applicable law,
you hereby release us, our officers, employees, agents and successors from
claims, demands any and all losses, damages, rights, claims, and actions of any
kind including personal injuries, death, and property damage, that is either
directly or indirectly related to or arises from (i) any interactions with other
Users, or (ii) your participation in any of our offline events. If you
are a California resident, you waive your rights, whether known or unknown,
under California Civil Code § 1542, which states, "A general release does not
extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor." Residents of other states
and nations similarly waive their rights under applicable and/or analogous laws,
statutes, or regulations.
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Survival. The provisions under Sections 2, 4, 3, 6, 7, 8,
and 9 will survive expiration or termination of this Agreement for any
reason.
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Indemnity. You agree to defend, indemnify, and hold us, our
subsidiaries, affiliates, officers, agents, and other partners and employees,
harmless from any loss, liability, claim, or demand, including reasonable
attorney's fees, made by any third party due to or arising out of your use of
the Services and arising from your breach of any provision of this
Agreement.
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Governing Law and Arbitration. This Agreement shall be
governed by the laws of the State of California without giving effect to any
conflict of laws principles that may provide the application of the law of
another jurisdiction. You agree to submit to the personal jurisdiction of the
state courts located within Marin County and the federal courts in the Northern
District of California. Any claim or dispute in connection with this Agreement
shall be resolved in a cost effective manner through binding
non-appearance-based arbitration. The arbitration shall be initiated through an
established alternative dispute resolution provider mutually agreed upon by the
parties. The alternative dispute resolution provider and the parties must comply
with the following rules: a) the arbitration shall be conducted by telephone,
online and/or be solely based on written submissions, the specific manner shall
be chosen by the party initiating the arbitration; b) the arbitration shall not
involve any personal appearance by the parties or witnesses unless otherwise
mutually agreed by the parties; and c) any judgment on the award rendered by the
arbitrator may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing, we may seek injunctive or other equitable relief
to protect its intellectual property rights in any court of competent
jurisdiction.
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Other. This Agreement constitutes the entire agreement
between you and us regarding the use of the Services. Our failure to exercise or
enforce any right or provision of this Agreement shall not operate as a waiver
of such right or provision. The section titles in this Agreement are for
convenience only and have no legal or contractual effect; as used in the
Agreement, the word “including” means “including but not limited to”. Please
contact us with any questions regarding this Agreement by e-mailing us at: hired4sure@gmail.com
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Disclosures. Under California Civil Code Section 1789.3,
Users who are residents of California are entitled to the following specific
consumer rights information: the Complaint Assistance Unit of the Division of
Consumer Services of the Department of Consumer Affairs may be contacted in
writing at 1020 N. Street, #501, Sacramento, CA, 95814, or by telephone at
916.445.1254.
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Copyright/Trademark Information. Copyright © 2009,
Hired4Sure. All rights reserved. The trademarks, logos and service marks
(“Marks”) displayed on the Services are our property or the property of other
third parties. You are not permitted to use these Marks without our prior
written consent or the consent of such third party which may own the
Mark.