Terms of Use for
RecruitMe
RecruitMe is a product of KAEGEM, Corp. an Illinois
corporation, and its affiliates, including but not limited to RecruitMe, owns
and operates this site, and portions of other Web pages and Web content through
which you have accessed these Terms of Use (collectively, the “Site”). By
visiting, using and/or submitting information to the Site, you agree to be
bound by the terms and conditions of these Terms of Use (this
"Agreement") and RECRUITME’s Privacy Policy (the “Privacy Policy”).
This Agreement contains an agreement to arbitrate all claims and disclaimers of
warranties and liability.
Your Compliance with this Agreement
You acknowledge that this Agreement is supported by
reasonable and valuable consideration, the receipt and adequacy of which is
hereby acknowledged. Without limiting the foregoing, you acknowledge that such
consideration includes, without limitation, your ability to visit, use and/or
submit information to the Site.
You represent that you have the capacity to be bound by
this Agreement, or if you are acting on behalf of a company or other entity,
you have the authority to bind such company or entity. In order to determine
your compliance with this Agreement, RECRUITME may monitor your access and use
of the Site in accordance with RECRUITME’s Privacy Policy.
The Site is Not Intended for Minors
The Site is intended to be accessed and used only by
adults and is not directed to minors. As stated in RECRUITME’s Privacy Policy,
RECRUITME does not knowingly collect personally identifiable information by
anyone under the age of 13 and you should not provide RECRUITME with any
information regarding any individual under the age of 13.
Your Access and Use of the Site
Your right to access and use the Site is personal to you
for (your account information) and as a representing agent/admin for your
organization and is not transferable by you to any other person or entity. You
are only entitled to access and use the Site for lawful purposes and pursuant
to the terms and conditions of this Agreement and the Privacy Policy.
Your access and use of the Site may be interrupted from
time to time for any of several reasons, including, without limitation, the
malfunction of equipment, periodic updating, maintenance or repair of the Site
or other actions that RECRUITME, in its sole discretion, may elect to take.
RECRUITME reserves the right to suspend or discontinue the availability of the
Site and/or any portion or feature of the Site at any time in its sole
discretion and without prior notice.
Any action by you that, in RECRUITME's sole discretion:
(i) violates the terms and conditions of this Agreement and/or the Privacy
Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of
the Site; or (iii) through the use of the Site, defames, abuses, harasses,
offends or threatens, shall not be permitted, and may result in your loss of
the right to access and use the Site. You shall not metatag, provide links to
or frame the Site without RECRUITME’s prior express written permission.
Subject to the terms of this Agreement and the Privacy
Policy, RECRUITME may offer you various services & products on or through
the Site (the “Services & Products”). Below are terms and conditions
governing these Services & Products.
You Must Maintain the Integrity of Your Information. To
use certain Services & Products, you may be required to provide RECRUITME
with information about you (“Your Information”) or as an agent/admin for the
organization (Organization Information).
If you provide Your Information or Organization Information to RECRUITME
then you agree to provide true, current, complete and accurate information, and
not to misrepresent your identity or organization’s documents. You also agree to keep Your Information and Organization
Information current and to update Your Information and Organization Information
if any of Your Information and Organization Information changes. RECRUITME’s
collection, use and disclosure of Your Information and Organizations
Information is governed by this Agreement and RECRUITME’s Privacy Policy.
You Must Maintain the Security of Any Password Issued to
You. If the Site requires you to create a Password to use certain portions of
the Site, then it is your sole responsibility to maintain the security of that
Password. You agree that RECRUITME shall not be liable for any loss that you
may suffer as a result of the authorized or unauthorized use of your Password
by a third party. You shall not allow any person under the age of 18 to use any
Service via your registration or Password.
You Must Notify RECRUITME of a Breach. You agree to
immediately notify KAEGEM, corp. & RECRUITME of any unauthorized use of
your Password, any unauthorized use of any account that you may have with
RECRUITME, any violation of this Agreement, or any other breach of security
known to you in connection with any product or service available on the Site by
sending an email to: info@recruitmetoday.com.
You Are Responsible for Your Decisions. RECRUITME and its
affiliates, through the Site, provide a venue through which you can obtain
information and you can find third-party service providers (“Service
Providers”). It is your responsibility to investigate Service Providers. You
acknowledge and agree that Service Providers are solely responsible for any
services that they may provide to you and that RECRUITME shall not be liable
for any losses, costs, damages or claims in connection with, arising from or
related to your use of a Service Provider's products or services. You acknowledge
and agree that you rely on your own judgment and that of such advisors in
selecting any products or services offered by Service Providers.
Fees and Payments
Access and use of the Site are authorized and or invoiced
for fees / payments by you by accepting the terms of use agreement. RECRUITME
may choose to charge fees for various premium features, services, and
products. RECRUITME will notify you of
those charges at the time that RECRUITME offers features, services and products
for a fee. If RECRUITME introduces a new service, products or charges a new
fee, RECRUITME will establish and notify you of the fees for that service at
the launch of the service, products or start of charging a new fee. If
RECRUITME notifies you of new fees or changes the fees for an existing service
or product, then you agree to pay all fees and charges specified and all
applicable taxes for your continued use of the applicable service.
RecruitMe makes payments for referrals and commissions to
the platform. Payments are made the
users (The Representative). The
Representative agrees to bear all expenses incurred by their sales endeavors
except those which the Company agrees to pay in writing.
The Representative agrees to make no representations, warranties or commitments binding the Company without the Company's prior written consent. The Representative shall execute no agreement on behalf of the Company nor shall the Representative hold itself, himself or herself out as having such authority. In addition, the Representative warrants and represents to the Company that the Representative is free to enter into this Agreement and that this does not violate any agreement heretofore made by the Representative.
Referral fees are paid based on which option and the
amount the employer posted on the site.
Commissions are based on a percentage (%) the Annual account fee collected
from clients.
The Site may act as a venue, through its blogs,
messaging, chat rooms, bulletin boards and other forums (collectively, the
"Forums"), allowing the users of the Site to contribute information
and make statements ("User Generated Content"). RECRUITME is not
involved in the actual transmission of User Generated Content provided for in
the Forums. As a result, RECRUITME does not approve or endorse any User
Generated Content in the Forums, and you hereby acknowledge and agree that
RECRUITME has no control over the quality, correctness, timeliness, safety,
truth, accuracy or legality of any User Generated Content provided by you or
any other person or entity in the Forums. You may find User Generated Content
posted in the Forums by other users to be offensive, harmful, inaccurate or
deceptive. Please use caution and common sense, and do not rely solely on User
Generated Content published in the Forums. Without limiting the generality of
the foregoing, and although RECRUITME does not regularly review User Generated
Content provided for in the Forums, RECRUITME reserves the right, but not the
obligation, to remove or edit any User Generated Content in the Forums.
Immediately report problems with the Forums to RECRUITME at
info@recruitmetoday.com.
Transmissions, Submissions and Postings to the Site
If you transmit, submit or post information to the Site
that is not Federally trademarked and/or copyrighted, you automatically grant
RECRUITME and its affiliates and assigns the worldwide, fully-paid, royalty-free,
exclusive right and license to use, copy, format, adapt, publish and/or
incorporate any or all such information in any media whatsoever, including,
without limitation, the Content (as defined below). Provided that you have
obtained prior written permission from RECRUITME to transmit, submit or post
information to the Site that is Federally trademarked and/or copyrighted, you
automatically grant RECRUITME and its assigns the worldwide, fully-paid,
royalty-free right to use, copy, format, adapt, publish and/or incorporate any
or all such information in any media whatsoever, including, without limitation,
the Content.
You shall not transmit, submit or post the following
to the Site:
• Information that infringes RECRUITME’s or any third
party’s copyright, patent, trademark, trade secret or other proprietary rights;
• Information that violates any law, statute, ordinance
or regulation;
• Information that is trade libelous, unlawfully
threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or
otherwise injurious to RECRUITME or third parties or that infringes on
RECRUITME’s or any third party’s rights of publicity or privacy;
• Information that contains any viruses, worms, Trojan
horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other
code or computer programming routines that contain contaminating or destructive
properties or that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal information;
• Information containing or constituting chain letters,
mass mailings, political campaigning, or any form of “spam”;
• Information that is false, inaccurate or misleading;
• Commercial advertisements or solicitations without
written permission from RECRUITME; or
• Federally Trademarked and/or Copyrighted information
without written permission from RECRUITME.
Although RECRUITME does not regularly review your
transmissions, submissions or postings, RECRUITME reserves the right (but not
the obligation) to edit, refuse to post or remove your transmissions,
submissions or postings. Pursuant to the Privacy Policy, RECRUITME may review
transmissions, submissions or postings made by you to determine, in its sole
discretion, your compliance with this Agreement.
You are solely responsible for all your transmissions,
submissions or postings (i.e., your own User Generated Content) and the
consequences of transmitting, submitting or posting them.
RECRUITME's Intellectual Property Rights
RECRUITME’s names, graphics, logos, page headers, button
icons, scripts, and service names are trademarks or trade dress of RECRUITME in
the United States and/or other countries (collectively, the “Proprietary
Marks”). You may not use the Proprietary Marks without the prior express written
permission of RECRUITME, which permission may be withheld in RECRUITME's sole
discretion. RECRUITME makes no proprietary claim to any third-party names,
trademarks or service marks appearing on the Site. Any third-party names,
trademarks, and service marks are property of their respective owners. The
information, advice, data, software and content viewable on, contained in, or
downloadable from the Site (collectively, the "Content"), including,
without limitation, all text, graphics, charts, pictures, photographs, images,
line art, icons and renditions, are copyrighted by, or otherwise licensed to,
RECRUITME or its Content suppliers. RECRUITME also owns a copyright of a
collective work in the selection, coordination, arrangement, presentation,
display and enhancement of the Content (the “Collective Work”). All software
used on the Site (the “Software”) is the property of RECRUITME or its software
vendors and is protected by United States and international copyright laws.
Viewing, reading, printing, downloading or otherwise using the Content and/or
the Collective Work does not entitle you to any ownership or intellectual
property rights to the Content, the Collective Work or the Software.
You shall be solely responsible for any damage resulting
from your infringement of RECRUITME's or any third party's intellectual
property rights regarding the Trademarks, the Content, the Collective Work, the
Software and/or any other harm incurred by RECRUITME or its affiliates as a
direct or indirect result of your copying, distributing, redistributing,
transmitting, publishing or using the same for purposes that are contrary to
the terms and conditions of this Agreement.
Your Use of the Content
I hereby give RECRUITME permission to release any and all
of my records or purpose of reporting compliance and security status to all
organizations reporting through RECRUITME, (hereinafter referred to as
“Client”). I may cancel my account with RECRUITME and the Client at any time by
submitting the request in writing. RECRUITME will return any documents obtained
by RECRUITME if requested within 30 days from cancelling your account.
RECRUITME grants you a limited license to access, print,
download or otherwise make personal use of the Content and the Collective Work
in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii)
one print copy, for your non-commercial use; provided, however, that you shall
not delete any proprietary notices or materials with regard to the foregoing
manifestations of the Content and the Collective Work. You may not modify the
Content or the Collective Work or utilize them for any commercial purpose or
any other public display, performance, sale, or rental, decompile, reverse
engineer, or disassemble the Content and the Collective Work, or transfer the
Content or the Collective Work to another person or entity. Except as otherwise
permitted under the copyright laws of the United States, no other copying,
distribution, redistribution, transmission, publication or use, other than the
non-commercial use of the Content and the Collective Work as permitted by this
Agreement, is permitted by you without the express prior written permission of
RECRUITME, which permission may be withheld in RECRUITME's sole discretion. You
may not use any meta tags or any other “hidden text” utilizing RECRUITME’s name
or trademarks without the express written permission of RECRUITME, which
permission may be withheld in RECRUITME's sole discretion.
I agree and grant permission for RECRUITME to conduct a
criminal background screening on me and to provide the results to the Client. I
agree and grant permission for monthly, annual and/or random criminal and/or
documentation background screening to be performed at any time by RECRUITME on
behalf of the Client. I also agree I will not allow any employees,
sub-contractors or laborers to perform any work at the premises and/or inside
the properties that have a record of a criminal conviction or anyone that may
pose as a threat or risk of injury. A criminal conviction that involves a
violation of moral-turpitude includes, but is not limited to, murder,
kidnapping, rape or any crimes of sexual nature as well as indecent exposure
and or burglary. I also agree to comply with the laws regarding Immigration and
Customs Enforcement regulations. I agree that all employees, sub-contractors,
agents and or laborers associated with my organization will conduct themselves
professionally at all times. I agree to hold harmless RECRUITME, RECRUITME and
the Client from any and all damages and liability arising out of this agreement
or work performed by me for the client.
I agree to provide RECRUITME all documents requested and
will submit all documents requested by the Client. These include, but are not
limited to, proof of business establishment, a copy of a Driver’s License for
all principals, copies of trade licenses/bonds or special certification(s), and
copies of any and all Business Licenses. If you or an agent of your company
must perform a service at a property managed by the Client, you will be
required to provide proof of general liability and auto insurance with the
Client listed as the additional insured, including completed operations. You agree to list the certificate holder as
described in the attached email. If you
have employees, you are required to have worker’s compensation insurance. Please name all the properties you provide
service for the client and attach a separate sheet if necessary.
Access and Interference
The Site contains robot exclusion headers. You agree that
you will not use any robot, spider, scraper, deep link or other similar
automated data gathering or extraction tools, program, algorithm or methodology
to access, acquire, copy or monitor the Site or any portion of the Site or for
any other purpose, without RECRUITME’s express written permission which may be
withheld in RECRUITME’s sole discretion. Additionally, you agree that you will
not: (i) take any action that imposes, or may impose in RECRUITME’s sole
discretion an unreasonable or disproportionately large load on RECRUITME’s
infrastructure; (ii) copy, reproduce, modify, create derivative works from,
distribute or publicly display any content (except for your personal
information) from the Site without the prior written permission of RECRUITME
and the appropriate third party, as applicable; (iii) interfere or attempt to
interfere with the proper working of the Site or any activities conducted on
the Site; or (iv) bypass RECRUITME’s robot exclusion headers or other measures
RECRUITME may use to prevent or restrict access to the Site. Notwithstanding
the foregoing, RECRUITME grants the operators of public search engines
permission to use spiders to copy materials from the Site for the sole purpose and
solely to the extent necessary for creating publicly available search indices
of the materials on the Site, but not caches or archives of such materials.
RECRUITME reserves the right to revoke these exceptions either generally or in
specific cases. You shall not collect or harvest any personally identifiable
information, including account names, from the Site. You shall not use any
communication systems provided on the Site (such as Forums or email) for any
commercial or solicitation purposes. You shall not solicit for commercial
purposes any users of the Site without RECRUITME’s express, written permission,
which permission may be withheld in RECRUITME’s sole discretion.
Notification
If KAEGEM, corp. or RECRUITME has been affected by a
security breach will make the disclosure “in the most expedient time possible
and without unreasonable delay.” Notice may be delayed when a law enforcement
agency determines that the notification will impede a criminal investigation.
Notification to affected consumers may be provided in
writing or electronically if the electronic notice complies with the federal
Electronic Signature Act. If a company can demonstrate that the cost of
providing notice would exceed $250,000, that the affected class of subject
persons to be notified exceeds 500,000, or that the company does not have
sufficient contact information, then the company can rely on “substitute
notice” to comply with its notification requirements. Substitute notice
involves the following three actions: (1) e-mail notice when the company has
e-mail addresses for the subject persons; (2) conspicuous posting of the notice
on the company’s web page, if it maintains one; and (3) notification in a major
statewide medium.
Electronic Communications
When you visit the Site or send email to KAEGEM, corp. or
RECRUITME, you are communicating with KAEGEM, corp. or RECRUITME
electronically. You consent to receive communications from KAEGEM, corp. or
RECRUITME electronically. Although RECRUITME or RECRUITME may choose to communicate
with you by regular mail, KAEGEM, corp. or RECRUITME may also choose to
communicate with you by e-mail or by posting notices on the Site. You agree
that all agreements, notices, disclosures and other communications that KAEGEM,
corp. or RECRUITME provides to you electronically satisfy any legal requirement
that such communications be in writing.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all
telephone, computer hardware, Internet access services and other equipment or
services needed to access and use the Site, and all costs and fees associated
with Internet access or long distance charges incurred with regard to your
access and use of the Site.
Third Party Links
There may be provided on the Site links to other Web
sites belonging to RECRUITME’s advertisers, business partners, affiliates,
Service Providers and other third parties. Such links do not constitute an
endorsement by RECRUITME of those Web sites, nor the products or services
listed on those Web sites. RECRUITME is not responsible for the activities or
policies of those Web sites. RECRUITME does not endorse or recommend the
products of any particular advertiser, business partner, affiliate or other
third party. RECRUITME does not guarantee that the terms or rates offered by
any particular advertiser, business partner, affiliate, Service Provider or
other third party on the Site are the best terms or lowest rates available in
the market.
Mobile Devices
If RECRUITME provides aspects of the Site via an
application for your mobile or other device, please be aware that your
carrier’s normal rates and fees may apply and that the terms of this Agreement
and other agreements within the application apply to your use of such mobile
application.
Copyright Infringement
It is KAEGEM, corp. and RECRUITME’s policy to comply with
the Digital Millennium Copyright Act, title 17, United States Code, Section
512, including, without limitation, responding to notices of alleged copyright
infringement, and other applicable intellectual property laws. RECRUITME shall
in appropriate circumstances disable and/or terminate the accounts of users who
may infringe or repeatedly infringe the copyrights or other intellectual
property rights of KAEGEM, corp. / RECRUITME and/or others.
Notifications (each a “Notification”) of claimed
copyright infringement should be sent by either express mail or U.S. mail to
KAEGEM, corp and RECRUITME’s designated agent. The designated agent contact
information is set forth below:
Address of designated agent to which notification should
be sent:
KAEGEM, Corp.
Attn: Everett Grady
528 Rosedale, Blvd
Jacksonville, IL 62650
Pursuant to Title 17, United States Code, Section
512(c)(3), to be effective, the Notification must include the following:
1.A physical or electronic signature of a person
authorized to act on behalf of the owner (“Complaining Party”) of an exclusive
right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have
been infringed, or if multiple copyrighted works at a single online site are
covered by a single Notification, a representative list of such works at that
site;
3. Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably
sufficient to permit RECRUITME to locate the material;
4. Information reasonably sufficient to permit RECRUITME
to contact the Complaining Party, such as an address, telephone number, and if
available, an electronic mail address at which the Complaining Party may be
contacted;
5. A statement that the Complaining Party has a good
faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the Notification
is accurate, and under penalty of perjury, that the Complaining Party is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed. Upon receipt of the Notification containing the
information as outlined in 1 through 6 above, and pursuant to Title 17, United
States Code, Section 512:
a. RECRUITME will remove or disable access to the
material that is alleged to be infringing;
b. RECRUITME will forward the Notification to the alleged
infringer ("Subscriber"); and
c. RECRUITME will take reasonable steps to promptly
notify the Subscriber that RECRUITME has removed or disabled access to the
material.
Counter Notification
Pursuant to Title 17, United States Code, Section
512(g)(3), a Subscriber may counter a Notification by providing a written
communication (“Counter Notification”) to RECRUITME 's designated agent that
includes substantially the following:
1. A physical or electronic signature of the Subscriber;
2. Identification of the material that has been removed
or to which access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the
Subscriber has a good faith belief that the material was removed or disabled as
a result of mistake or misidentification of the material to be removed or
disabled; and
4. The Subscriber's name, address, and telephone number,
and a statement that the Subscriber consents to the jurisdiction of Federal
District Court for the judicial district in which the address is located, or if
the Subscriber's address is outside of the United States, for any judicial district
in which RECRUITME may be found, and that the Subscriber will accept service of
process from the person who provided the Counter Notification or an agent of
such person. Upon receipt of a Counter Notification containing the information
as outlined in 1 through 4 above, and pursuant to Title 17, United States Code,
Section 512:
a. RECRUITME will promptly provide the Complaining Party
with a copy of the Counter Notification;
b. RECRUITME will inform the Complaining Party that
RECRUITME will replace the removed material or cease disabling access to the
removed material within ten (10) business days; and
c. RECRUITME will replace the removed material or cease
disabling access to the removed material not less than ten (10), nor more than
fourteen (14) business days following receipt of the Counter Notification,
provided RECRUITME’s designated agent has not received notice from the
Complaining Party that an action has been filed seeking a court order to
restrain the Subscriber from engaging in infringing activity relating to the
removed material on RECRUITME’s network or system.
RECRUITME Makes No Representations or Warranties
Regarding the Content
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH
THE SITE ARE PROVIDED TO YOU ON AN "AS-IS" AND “AS AVAILABLE” BASIS.
RECRUITME MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT,
MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ALL PRODUCTS AND SERVICES
INCLUDED ON OR ASSOCIATED WITH THE SITE IS AT YOUR SOLE RISK.
RECRUITME DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES
OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR
COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE
SITE, NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS,
MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT
OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE. IT IS YOUR SOLE
RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR
COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH THE
SITE. RECRUITME MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT
THAT MAY BE AVAILABLE FOR DOWNLOADING FROM THE SITE IS FREE OF INFECTION FROM
ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME
BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN
CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE,
DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY
SYSTEM, DATA OR PERSONAL INFORMATION. RECRUITME DOES NOT MAKE ANY
REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY
QUOTES OR OFFERS PROVIDED ON OR THROUGH THE SITE.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE
THAT RECRUITME IS NOT A FINANCIAL INSTITUTION, INSURANCE PROVIDER, CREDIT CARD
PROVIDER OR OTHER SERVICE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT RECRUITME IS
SOLELY AN INTERMEDIARY BETWEEN YOU AND SUCH SERVICE PROVIDERS AND, THEREFORE,
RECRUITME EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY CONTENT, PRODUCTS
OR SERVICES PROVIDED BY SUCH SERVICE PROVIDERS.
The Content is intended only to assist you in evaluating
your operations for savings and risk management against industry standards and
is broad in scope and does not consider any in depth engineering or consulting
based on your specific systems or services. Your situation is unique and the
information and advice may not be appropriate for your situation. Accordingly,
before making any final decisions or implementing any strategy, RECRUITME
recommends that you obtain additional information and advice from your site
administrator and other advisors who are fully aware of your circumstances. The
Site is controlled and offered by RECRUITME from RECRUITME’s facilities in the
United States of America. RECRUITME makes no representations that the Site is
appropriate or available for use in other jurisdictions. If you access or use
the Site from other jurisdictions, then you do so by your own volition and are
solely responsible for compliance with local law.
Limitations on RECRUITME's Liability
RECRUITME SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE
TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE
NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A
DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF THE SITE; (III) YOUR
DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE SITE FOR ANY REASON; (IV)
YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V)
YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY
INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN
PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF RECRUITME AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. RECRUITME’S LIABILITY AND THE LIABILITY OF ITS
AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS,
SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL
NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT RECRUITME SHALL NOT BE
LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER
GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND RECRUITME AGREE THAT ANY CAUSE OF ACTION ARISING
OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE
OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties
or the exclusion or limitation of certain damages. If these laws apply to you,
some or all of the above disclaimers, exclusions or limitations may not apply
to you.
Indemnification of KAEGEM & RECRUITME
I agree to indemnify and hold harmless KAEGEM, corp. /
RECRUITME and the Client from any liability arising out of or in connection
with this agreement. I understand KAEGEM, corp. and RECRUITME is committed to
securing my personal information or organization’s information and will
safeguard the information from outside sources, unless otherwise required by
law.
By agreeing with these terms, I give KAEGEM, corp. &
RECRUITME permission to obtain records on behalf of my company. I hereby give
my permission for KAEGEM, corp. & RECRUITME to obtain updates on any and
all of my records from any agency as verification that the documents are
legitimate. I release the agency from any liability in dispensing the records
to KAEGEM, corp. & RECRUITME.
You shall defend, indemnify and hold harmless KAEGEM,
corp. and RECRUITME and its officers, directors, shareholders, employees,
independent contractors, agents, representatives and affiliates from and
against all claims and expenses, including, but not limited to, attorneys'
fees, arising out of, or attributable to: (i) any breach or violation of this
Agreement by you; (ii) your failure to provide accurate, complete and current
personally identifiable information requested or required by RECRUITME; (iii)
your access or use of the Site; (iv) access or use of the Site under any PIN
that may be issued to you; (v) your transmissions, submissions or postings
(i.e., your own User Generated Content); and/or (vi) any personal injury or
property damage caused by you.
Amendments of this Agreement
RECRUITME reserves the right to update, amend and/or
change this Agreement at any time in its sole discretion and without notice.
Updates to this Agreement will be posted here. Amendments will take effect
immediately upon RECRUITME posting the updated Agreement on the Site. You are
encouraged to revisit this Agreement from time to time in order to review any
changes that have been made. The date on which this Agreement was last updated
will be noted immediately above this Agreement. Your continued access and use
of the Site following the posting of any such changes shall automatically be
deemed your acceptance of all changes.
RECRUITME's Remedies
You acknowledge that RECRUITME may be irreparably damaged
if this Agreement is not specifically enforced, and damages at law would be an
inadequate remedy. Therefore, in the event of a breach or threatened breach of
any provision of this Agreement by you, RECRUITME shall be entitled, in
addition to all rights and remedies, to an injunction restraining such breach
or threatened breach, without being required to show any actual damage or to
post an injunction bond, and/or to a decree for specific performance of the
provisions of this Agreement. For purposes of this Section, you agree that any
action or proceeding with regard to such injunction restraining such breach or
threatened breach shall be brought in the courts of record of the Nineteenth
Judicial Circuit Court, Lake County, Delaware, or the United States District
Court, Northern District of Delaware. You consent to the jurisdiction of such
court and waive any objection to the laying of venue of any such action or
proceeding in such court. You agree that service of any court paper may be
effected on such party by mail or in such other manner as may be provided under
applicable laws, rules of procedure or local rules.
Governing Law; Arbitration
You agree that: (i) the Site shall be deemed solely based
in the State of Delaware; and (ii) the Site shall be deemed a passive Web site
that does not give rise to personal jurisdiction over RECRUITME, its affiliates
and assigns, either specific or general, in jurisdictions other than the State
of Delaware.
This Agreement is to be governed by and construed in
accordance with the internal laws of the State of Delaware, without regard for
principles of conflicts of laws. Any civil action, claim, dispute or proceeding
arising out of or relating to this Agreement, except for an injunctive action
regarding a breach or threatened breach of any provision of this Agreement by
you as provided above, shall be referred to final and binding arbitration,
before a single arbitrator, under the commercial arbitration rules of the
American Arbitration Association in Lake County, Delaware.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT
TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR
BRING CLASS ACTIONS. BY USING THE SITE YOU CONSENT TO THESE RESTRICTIONS.
You and KAEGEM, corp.
or RECRUITME shall select the arbitrator, and if you and RECRUITME or
RECRUITME are unable to reach agreement on selection of the arbitrator within
thirty (30) days after the notice of arbitration is served, then the American
Arbitration Association shall select the arbitrator. Arbitration shall not
commence until the party requesting it has deposited One Thousand Dollars
($1,000.00) with the arbitrator for the arbitrator's fees and costs. The party
requesting arbitration shall advance such sums as are required from time to
time by the arbitrator to pay the arbitrator's fees and costs until the
prevailing party is determined or the parties have agreed in writing to an
alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall
be final, binding and conclusive upon you and KAEGEM, corp. or RECRUITME and
your and KAEGEM, corp. or RECRUITME's respective administrators, executors,
legal representatives, successors and assigns, and may be entered in any court
of competent jurisdiction. Notwithstanding the previous sentence, in no event
shall either you or KAEGEM, corp. or RECRUITME be entitled to punitive,
special, indirect or consequential damages and both you and KAEGEM, corp. or
RECRUITME hereby waive your and KAEGEM, corp. or RECRUITME's respective rights
to any punitive, special, indirect or consequential damages, including, but not
limited to, damages for any loss of profit, revenue or business.
Should a dispute arise and should the arbitration
provisions herein become inapplicable or unenforceable, or in any instance of
any lawsuit between you and KAEGEM, corp. or RECRUITME, jurisdiction over and
venue of any suit shall be exclusively in the state and federal courts sitting
in Morgan County, Illinois.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void
or unenforceable by any arbitrator or court of competent jurisdiction, this
Agreement as a whole shall not be deemed unlawful, void or unenforceable, but
only that portion of this Agreement that is unlawful, void or unenforceable
shall be stricken from this Agreement.
The headings contained in this Agreement are for
convenience of reference only, are not to be considered a part of this
Agreement, and shall not limit or otherwise affect in any way the meaning or
interpretation of this Agreement.
All covenants, agreements, representations and warranties
made in this Agreement, as may be amended by KAEGEM, corp. or RECRUITME from
time to time, shall survive your acceptance of this Agreement and the
termination of this Agreement.
This Agreement and the Privacy Policy represent the
entire understanding and agreement between you and KAEGEM, corp. and RECRUITME
regarding the subject matter of the same, and supersede all other previous
agreements, understandings and/or representations regarding the same.
I understand and agree to the terms of the terms of use
including the services & products described within. I understand that
failing to provide the required documents may result in my removal from the
approved list of the Client. I authorize, permit, release and agree to the
release my records to the Client pursuant to this agreement. I agree to pay
RECRUITME for their services and products on an annual basis as long as I am a
user for the above mentioned Client and agree to the renewal process on an annual
basis. I understand there are no refunds from RECRUITME.
If you have questions, comments, concerns or feedback
regarding this Agreement or the Site, please contact KAEGEM, corp. or RECRUITME
via any of the methods set forth below:
• Via mail:
KAEGEM, corp.
528 Rosedale Blvd
Jacksonville, Il 62650
• Via email: info@recruitmetoday.com
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