Terms of Service

Effective: January 25, 2021

 

Please read these Terms of Service (“Terms”) carefully because they are a binding agreement between You and HireLogic, Inc., (“HireLogic” or “We”).

 

These Terms govern your use of the websites that link to these Terms, including www.hirelogic.com. In these Terms, the word “Sites” refers to each of these websites and the products and services including but not limited to the software which helps with collaborative and digitized recruiting, interviewing, and hiring candidates for open positions that are offered on the Sites. These Terms set forth the legally binding terms of your access and use of the Sites and our Services. This Agreement includes our Privacy Statement (https://hirelogic.com/info/privacy), which is incorporated herein by reference.

 

These Terms may be modified by us from time to time, such modifications to be effective upon posting. The Effective Date of the current Terms is listed above.These Terms will remain in full force and effect while you access and use the Sites and our Services. All terms and conditions that by their nature should survive expiration or termination of this agreement shall be deemed to survive such expiration or termination. By using or logging onto the Sites and using the Services, you automatically agree to these Terms and to our Privacy Statement.

 

EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND HIRELOGIC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

 

1. License

 

We grant you a limited, non-transferrable, non-subliensable right and license to access and use the Services in accordance with these Terms.

 

2. Your Accounts

 

You may be required to create an account and specify a login ID and password in order to use certain services or features on the Sites. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.

 

In some cases, an account may be assigned to you by an administrator, such as your employer or educational institution. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Sites. Moreover, your administrator may be able to access or disable your account without our involvement.

 

You may not share your account with anyone else. Please keep your password confidential and try not to use it on other websites. If you believe that your account has been compromised at any time, please notify your system administrator. You may use our products and services without an account being created, for example you might be a user of our video interviewing capability without the need to create an account. Even if you do not have an account with HireLogic, as a user of our sites, products, and services, you are bound by these Terms.

 

3. Modifications and Termination

 

We reserve the right to modify our Sites and the Services at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee for any of our features at any time. If you do not agree with any changes, you can stop using our Sites or Services at any time.

4. Charges and Cancellation

 

You agree that HireLogic may charge to Your credit card or other payment mechanism selected by You and approved by HireLogic (“Your Account”) all amounts due and owing for the Services, including taxes and service fees, set up fees, subscription fees, or any other fee or charge associated with Your Account.


HireLogic may change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that HireLogic will provide you with prior notice and an opportunity to terminate Your Account if HireLogic changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees.


You agree that in the event HireLogic is unable to collect the fees owed to HireLogic for the Services through Your Account, HireLogic may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by HireLogic in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that HireLogic may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.


You may cancel your subscription at any time. If you cancel, you will not be billed for any additional terms of service, and service will continue until the end of the current Subscription Term. If you cancel, you will not receive a refund for any service already paid for.

 

5. Prohibited Uses

 

You agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Sites or Services, your use of the Sites or Services, or access to the Sites or Services for any purposes other than for which the Sites or Services are being provided to you, or do any of the following:

 

  • Conduct or promote any illegal activities while using the Sites or Services;
  • Upload, distribute or print anything that may be harmful to minors;
  • Attempt to reverse engineer or jeopardize the correct functioning of the Sites, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Sites;
  • Attempt to gain access to secured portions of the Sites or Services to which you do not possess access rights;
  • Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
  • Use the Sites or Services to generate unsolicited email advertisements or spam;
  • Use the Sites or Services to stalk, harass or harm another individual;
  • Use any high volume automatic, electronic or manual process to access, search or harvest information from the Sites or Services (including without limitation robots, spiders or scripts);
  • Interfere in any way with the proper functioning of the Sites and Services or interfere with or disrupt any servers or networks connected to the Sites or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites or Services;
  • Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
  • Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
  • Mirror or frame the Sites or any content, place pop-up windows over its pages, or otherwise affect the display of its pages.

 

 

6. Content You Post & Record

 

We may provide opportunities for you to post and record text, photographs, videos, transcriptions, or other content (collectively, “Content”) on the Sites. You can only post and record Content if you own all the rights to that Content, or if another rights holder has given you permission. By using any HireLogic’s products or services, you give us explicit permission to view, store, retrieve, and manage your Content as long as we are legally obliged or required to do so as per our retention policy. You do not transfer ownership of your Content simply by posting or storing it. However, by posting and storing Content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. Without those rights, we couldn’t offer our Services. Please note that this license continues even if you stop using our Sites. We reserve the right in our sole discretion to take down or delete any Content at any time and for any reason.

 

You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post. Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.

 

7. Content Posted by Others

 

We are not responsible for, and do not endorse, Content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another member or designated user of our Sites who may or may not be related to your account.

 

8. Your Use of the Sites

 

Do not use the Sites in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Sites or any features on the Sites (including any technological measures we employ to enforce these Terms). If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Sites, and take appropriate legal actions.

 

Using our Site does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Sites unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.

 

When you use the Sites or send communications to us through a Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of a Sites. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us.

 

Please note that by submitting Content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Statement.

 

9. Social Networks

 

The Service may include features that operate in conjunction with certain third-party social networking websites that you visit such as Facebook, Instagram, YouTube, Vimeo, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third-party social networking sites and the services provided through the Services is governed by the terms of service and other agreements posted on these sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.

 

10. Digital Millennium Copyright Act

 

If you believe any materials accessible on the Sites or Services infringe your copyright, or a copyright belonging to a third party in violation of the Digital Millennium Copyright Act, you may request removal of those materials (or access thereto) from the Sites or Services by contacting our copyright agent (identified below) and providing the following information:

 

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material and provide Us with its URL or any other pertinent information that will allow Us to locate the material.
  • Your name, address, telephone number and (if available) e-mail address.
  • A statement that you have a good faith belief that the use of the materials at issue is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

 

HireLogic’s agent for copyright issues is as follows:

 

HireLogic, Inc.

Attn: Copyright Agent

2711 LBJ Freeway, Suite 850

Dallas, TX 75234

Email: support@hirelogic.support

 

This contact information is only for suspected copyright infringement. We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)) and will terminate the access privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

 

11. Warranties and Disclaimers

 

We provide our Services using a commercially reasonable level of care and promise to do our best to make sure you enjoy the Services. But there are certain things that we don’t promise about our Services.

 

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, NEITHER HIRELOGIC NOR ITS AGENTS OR SERVICE PROVIDERS (THE “SERVICES ENTITIES”) MAKE ANY SPECIFIC PROMISES ABOUT THE SITES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES, THE SPECIFIC FUNCTION OF THE SITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES “AS IS”.

 

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

 

12. Liability for our Services

 

EXCEPT WHERE PROHIBITED, THE SERVICES ENTITIES SHALL NOT BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED, OR (B) DAMAGES IN EXCESS OF $100.

 

13. Indemnification

 

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HIRELOGIC AND OUR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES (COLLECTIVELY, THE “INDEMNIFIED PARTIES“) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SERVICES AND/OR ANY BREACH BY YOU OF THESE TERMS OF SERVICE OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES EXPIRATION OR TERMINATION OF THIS AGREEMENT.

 

14. Arbitration Agreement

 

Please read this Arbitration Agreement carefully because it requires you to arbitrate certain disputes and claims with HireLogic and limits the manner in which you can seek relief from HireLogic. Both you and HireLogic acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, HireLogic’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

 

Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in the Commonwealth of Virginia. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator who shall be selected from the appropriate list of JAMS arbitrators in accordance with such its rules.

 

Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.The JAMS rules will govern payment of all arbitration fees.

Notwithstanding the foregoing, either you or HireLogic may assert claims, if they qualify, in small claims court in the Commonwealth of Virginia or the United States county where you live.

 

YOU AND HIRELOGIC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and HireLogic are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and HireLogic over whether to vacate or enforce an arbitration award, YOU AND HIRELOGIC WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge.

 

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor HireLogic is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in main below.

 

In any circumstances where the foregoing arbitration agreement permits either you or HireLogic to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party and both you and HireLogic agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in the State of Delaware.

 

if any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the JAMS rules, the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

 

This Arbitration Agreement will survive the termination of your relationship with HireLogic.

 

15. Additional Details

 

We may modify these Terms at any time so be sure to check back regularly. By continuing to use or log in to a Site after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Sites.

 

The Sites may contain links to third-party websites and technologies. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Sites may contain ads from third parties. We do not control or endorse any products being advertised.

 

If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean we’re OK with what you did, or we are giving up any rights that we may have (such as taking action in the future).

 

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the federal or state courts located in the State of Delaware, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.

 

16. Contact Us

 

If you have questions or concerns regarding the Terms, please email us at privacy@hirelogic.com or write to us at:

 

HireLogic, Inc.

2711 LBJ Freeway, Suite 850

Dallas, TX 75234