Terms and Conditions | Eye Recruit

TERMS OF USE & ACCEPTANCE OF TERMS

Updated: 04/20/2016

WELCOME TO EYERECRUIT.COM. THE TERMS AND CONDITIONS SET FORTH HEREIN (THE “TERMS“) ARE A LEGAL CONTRACT BETWEEN YOU AND EYERECRUIT, INC. (“EYERECRUIT”, “WE” OR “US”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT WWW.EYERECRUIT.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.EYERECRUIT.COM BY EYERECRUIT, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE “SITE”), AND ALL SOFTWARE, SERVICES, OR CONTENT ASSOCIATED WITH THE SITE (COLLECTIVELY, THE “SERVICES”). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO “SITE” INCLUDE THE SERVICES AVAILABLE THROUGH THE SITE. BY USING THIS SITE OR THE SERVICES, YOU ARE AGREEING TO ALL OF THESE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE AND ANY OF THE SERVICES, OR ANY INFORMATION OR MATERIALS CONTAINED WITHIN THE SITE. IF YOU ARE USING THE SITE FOR YOUR COMPANY’S USE, YOU REPRESENT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE WHO HAS THE AUTHORITY TO LEGALLY BIND YOUR COMPANY TO THESE TERMS.

The words “you,” “your,” “user” or “member,” whether or not capitalized, as used herein, refer to all individuals and/or entities accessing or using the Site or any Services, for any reason.

EyeRecruit, Inc. provides online services through which Job Seekers can be introduced to Employers seeking to hire full time, part time, contract and/or independent contractors for open positions. EyeRecruit provides these services and as well as others through its Website and Apps (collectively, “EyeRecruit Services”). Please read these Terms of Use and our Privacy Policy carefully before using any of the diverse EyeRecruit Services. By visiting the Website, installing any of the Apps, and/or using any of the EyeRecruit Services, you shall have affirmed your agreement to these Terms of Use.

TERMS OF USE & ACCEPTANCE OF TERMS

EyeRecruit, Inc. and its subsidiaries and affiliates (collectively, “EyeRecruit”) provide, including but not limited to: (1) a EyeRecruit user account website that may be accessed at EyeRecruit.com (“Site”), (2) services accessible through the Site (the “Website”), and (3) software that may be downloaded to your smart phone or tablet to access services (“Mobile Apps”), all for use in conjunction with EyeRecruit hardware products (“Products”) and in other ways that EyeRecruit provides. The term “Services” means the Site, Web App, Mobile and Apps. EyeRecruit, Inc. makes available for your use on www.EyeRecruit.com web site (the “Site”) information and/or documents (collectively, the “Materials”) and various services (the “Services”), subject to the terms and conditions set forth in this document (the “Terms of Use”).

These Terms of Service (“Terms”) govern your access to and use of the Services. These Terms give you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.

THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE SERVICES (INCLUDING THE SITE), YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD DISCONNECT YOUR PRODUCTS FROM YOUR ACCOUNT (AS DESCRIBED BELOW) AND CEASE ACCESSING OR USING THE SERVICES.

As described herein, you are consenting to automatic software updates of the services and of the products connected to the services. If you do not agree, you should not use the services.

MODIFICATIONS & CHANGES

EyeRecruit may make changes to the content and features of the Site and any Services at any time, with or without notice to you. EyeRecruit can change, update, add or remove provisions of these Terms, at any time by posting updated content here: http://demo.eyerecruit.com/terms-and-conditions/. We encourage you to review our Terms and Conditions and our Privacy Policy whenever you visit. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to issuing an email to the email address listed by registered users and/or a notice on the Site, and posting the revised Terms and Conditions on our Site. By using this Site and/or the Services after EyeRecruit has updated the Terms or Privacy Policy, you are agreeing to the updated terms; if you do not agree with any of the updated terms, you must stop using the Site and the Services, and cancel your Subscription. EyeRecruit reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents. You agree to comply with any and all such service restrictions.

If we inform you that the Terms of Use have been modified, you may elect to terminate use of any of the EyeRecruit Services subject to these Terms of Use (particularly, there are no refunds). If you continue to use any of the EyeRecruit Services after receiving notice that these Terms of Use have been modified, any continued use shall constitute acceptance of the modified Terms of Use and be subject to them. We may ask that you acknowledge your agreement to any modified Terms of Use. However, even if we do not do so, your continued use of EyeRecruit Services will be subject to the modified terms. You agree to review these Terms of Use and the incorporated documents periodically to be updated of any such changes. The act of placing a web page (URL) into a temporary file on your browser so that you may return to that page at a future date directly without passing through certain preceding pages (“bookmarking”) may under certain circumstances cause you to bypass links to these Terms of Use. Should you use such bookmarks and skip links to modified Terms of Use, your continued use still constitutes acceptance of these Terms of Use.

DEFINITIONS

“Account” means “EyeRecruit Account.”
“Affiliate” or “Strategic Partners” means those trusted partners that EyeRecruit employs, engages, or retains to perform functions and/or provide services on its behalf.
“Application Information” means any information submitted by a User applying for a job listing.
“Apps” means any applications developed by EyeRecruit.
“App Services” means any content and services provided by EyeRecruit through its Apps.
“Confidential Information” means all technical, business, financial and other information of Party that derives economic value, actual or potential, from not being generally known to others, including, without limitation, any technical or non-technical data, designs, methods, techniques, drawings, processes, products, inventions, improvements, methods or plans of operation, research and development, marketing plans, business plans and financial information of such Party. The Confidential Information of EyeRecruit includes, without limitation, the EyeRecruit Property (except those portions of the EyeRecruit Site(s) that are made publicly available by EyeRecruit or with EyeRecruit’s prior written consent). The fees set forth in any Online Order, without limitation, are the Confidential Information of EyeRecruit.
“Consumer” means any individual or entity that uses any of the EyeRecruit Services. Where applicable, the term “Consumer” shall encompass all EyeRecruit Customers.
“Content” means all material, whether publicly posted or privately transmitted, available on or through any of the EyeRecruit Services.
“Customer Content” means any Content uploaded to and/or created through the EyeRecruit Services by an EyeRecruit Customer.
“Delivery Channel” means: (a) the EyeRecruit Site(s); and (b) any websites or online applications that are the subject of an Online Order and are not owned, operated, or controlled by EyeRecruit, but on which EyeRecruit has a contractual right to serve Job Listings.
“Employer Customer” means an entity using EyeRecruit Services that is seeking to hire an individual as an employee and/or independent contractor to be employed by it directly.
“EyeRecruit Account” means an account associated with an EyeRecruit Customer who uses or has used EyeRecruit Services.
“EyeRecruit Content” means any Content excluding Customer Content and Video Content in which EyeRecruit does not participate.
“EyeRecruit Customer” means any person who uses or has used EyeRecruit Services including, but not limited to, Employer Customers, Job Seeker Customers, and Staffing/Recruiting Customers.
“EyeRecruit Services” means the suite of features, products and services offered through EyeRecruit, its Apps, its App Services, the Website, and the Website Services.
“EyeRecruit Trademarks” means any trademarks, tradenames, logos, and other commercial designs of EyeRecruit or licensed to EyeRecruit, whether or not formal registration exists including, but not limited to, “EyeRecruit.”
“Intellectual Property Rights” means any patent rights, copyright, trade secret rights, trademark rights (including rights in trade names, trade dress, service marks, URLs or other source of business identifiers), rights in industrial property and industrial designs, moral rights, rights or authorship and attribution, and all other intellectual property or proprietary rights arising under the laws of any jurisdiction worldwide, including all rights or causes of action for infringement or misappropriation of any of the foregoing, and all rights in any registrations, applications, renewals, extensions, continuations, continuations-in-part, divisions or reissues for any of the foregoing.
“Job Listings” means all job listings and other advertising content supplied pursuant to an Online Order, for display through the Delivery Channel(s). Job Listings include any associated artwork, copy and audiovisual materials.
“Job Seeker Customer” means an individual using EyeRecruit Services who is seeking to be employed as an employee or independent contractor by an employer.
“Online Order” means a written order, in the form of a Job Listing or Job Listings submitted electronically via the Platform, that is governed by this Agreement and that specifies the parameters under which EyeRecruit will deliver the Job Listings in the Delivery Channel(s).
“Profile Video” means a promotional video created by a Job Seeker Customer to promote themselves as a candidate employee and/or independent contractor. It is not an interview.
“Platform” means the proprietary online application, accessible via the EyeRecruit Site, through which User may manage account.
“Software” means any necessary software used in connection with the EyeRecruit Services.
“Staffing / Recruiting Customer” means a staffing company using EyeRecruit Services that provides staffing / recruiting services to their own clients.
“Staffing / Recruiting Clients” means third-party employer clients of Staffing / Recruiting Customers.
“Sub Accounts” means subsidiary accounts created for or by an Employer Customer or Staffing Customer (“such as a consultant group or employer”) under its primary account.
“User Information” means any information collected from Users, including without limitation any Application Information, and collected regarding user.
“Username” means the valid email address provided by each EyeRecruit Customer to be used as their username or login identification.
“Video Content” means any video content created by, or associated with, any EyeRecruit Customer accessible on and through EyeRecruit Services including, but not limited to, Profile Videos, Video Questions, Video Interviews, and Welcome Videos.
“Video Interview” means an interview completed through EyeRecruit Services using a video or “web” camera that an Employer Customer or Staffing / Recruiting Customer requests a Job Seeker Customer complete. A Video Interview may involve a Job Seeker Customer alone or with other participants from an Employer Customer or Staffing Customer. A Video Interview may be pre-recorded by a Job Seeker in response to questions or occur live at which time it would be recorded.
“Video Question” means a question recorded in video and audio that can be sent to potential employee and independent contractor candidates by an Employer Customer or Staffing Customer.
“Website” means all of the content, information and services (in any format whatsoever) accessible through the World Wide Web at the domain name EyeRecruit.com.
“Website Services” means the services provided by EyeRecruit through the website at the domain name EyeRecruit.com and any of our other websites that may be used from time to time.

PRIVACY POLICY

All User Information will be used in accordance with the Terms & Conditions. When you register on the EyeRecruit.com website or in connection with the Services, you will be asked to create an account and provide EyeRecruit with certain information, including but not limited to, a valid email address (“User Information”). You acknowledge and agree that you have no ownership rights in your account. Please note, as set forth in the Privacy Policy, that EyeRecruit may collect certain User Information (including an email address and other contact information) and may use such information to contact Users periodically in accordance with the terms of the Privacy Policy, including to send Users electronic marketing and promotional communications, inform Users of relevant job postings that may be of interest to them, and provide Users with administrative notices and communications.

SERVICES

EyeRecruit, Inc. provides online services through which Job Seekers can be introduced to Employers seeking to hire full time, part time, contract and/or independent contractors for open positions. EyeRecruit provides its Customers a variety of tools, including options using video to use in association with the EyeRecruit Service offerings. One of the more unique services is access to utilize online and video related introductory services. Job Seekers can elect to forward their profile for review and consideration of a potential Employer or Recruiter.

A Job Seeker has access to create a unique User Profile where, along with their resume(s), cover letter(s), certification(s), award(s), certificate(s) of achievement and other work related documents, they can also elect / choose to utilize video Interview features that can be stored, viewed, and forwarded for review and consideration of a potential Employer or Recruiter. EyeRecruit offers multiple ways in which you may be invited to participate in video interviews.

Pre-Recorded Interview – A Pre-Recorded Interview involves a job seeker / candidate recording a video that answers their responses to list of prepared questions presented to them by EyeRecruit. These questions can also include additional questions specifically presented and requested by a potential Employer Customer or Staffing / Recruiter Customer. If you choose to participate in a Pre-Recorded Interview using a webcam and microphone, you authorize EyeRecruit to record the interview. You also authorize EyeRecruit to allow the Employer Customer or Staffing / Recruiter Customer for whom you completed the interview to see and listen to the recorded interview. Finally, you authorize EyeRecruit to store each recorded interview on its servers and post a link in the Account associated with the Employer Customer or Staffing / Recruiter Customer with whom you interviewed.

Live Interview – A Live Interview involves a job seeker / candidate speaking one-on-one with a representative from EyeRecruit. This may also include the job / seeker / candidate speaking directly with / to a potential Employer Customer or Staffing / Recruiter Customer. If you choose to participate in a Live Interview using your webcam and microphone through EyeRecruit Services, you authorize EyeRecruit to allow the participants in the Live Interview to see and hear you. You also authorize EyeRecruit to record the Live Interview. Finally, you authorize EyeRecruit to store each recorded Live Interview on its servers and post a link in the Account associated with the Employer Customer or Staffing / Recruiter Customer with whom you interviewed.

Apart from service related functions, EyeRecruit will not share or provide access to Video Interviews to any third party absent a subpoena or court order. And, should EyeRecruit ever be subpoenaed for content associated with your Account, EyeRecruit shall provide you notice and an opportunity to file a motion objecting to any disclosure. EyeRecruit will not sell any Video Content to any third party.

EyeRecruit will not use any recorded Video Interviews for any purpose unrelated to the Accounts of those participating in and/or related to the Video Interviews without your written expressed consent.

As a Job Seeker you may not create your own recordings of any Video Interviews. As such, you authorize EyeRecruit to employ reasonable measures to prevent unauthorized recording of Video Interviews. Any effort to circumvent such measures shall be a violation of these Terms of Use.

As a Job Seeker, you cannot access any recorded Video Interviews.

EyeRecruit offers multiple ways in which Employers may participate in video interviews.

An Employer is also requested to complete a unique User Profile where, along with basic company information, companies can promote themselves, their values and their vision to potential candidates through the use of an Introduction or Welcome Video.

Using a webcam and microphone, you can market your organization to and for targeted and non-targeted Job Seeker to view. Alternatively, you can embed a video you previously created and use it as your Welcome Video. EyeRecruit will not use any recorded Video for any purpose without your written expressed consent.

If you choose to create and publish a Welcome Video using your webcam and microphone through EyeRecruit Services, you authorize EyeRecruit to record the Welcome Video and publish it on EyeRecruit.com as part of branding and marketing for your account. So long as the Welcome Video remains in your account, Job Seeker can view your Welcome Video. You can delete or re-record a Welcome Video at any time.

Depending on your account, you may create more than one Welcome Video.

EyeRecruit reserves the right to add additional types of video content from time to time.

NO GUARANTEES OF EMPLOYMENT

EyeRecruit is not an employment agency. EyeRecruit does not make any representations as to the qualifications, experience or knowledge of any individual, entity or employer.

Additionally, where an individual successfully secures employment, EyeRecruit makes no guarantees or representations as to the satisfaction of such employment.

Additionally, EyeRecruit does not guarantee that any individual or entity will find employment or an employee through EyeRecruit Services.

CHANGES TO SERVICE

EyeRecruit reserves the right at any time to modify or discontinue, whether temporarily or permanently, any aspect of the EyeRecruit Services, in whole or in part. Any modifications to any of the EyeRecruit Services, including the releases of new features, tools or resources, shall be subject to these Terms of Use. Sometimes, updates to EyeRecruit’s Software and/or code may require your computer to install additional third party software. EyeRecruit will provide you with notice of any major changes or modifications. Absence of any notice beyond changes in the EyeRecruit Services shall not affect the enforceability of these Terms of Use.

ACCOUNTS

To use the Services, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any U.S. or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations).

ACCESS TO SERVICES

Subject to these Terms, EyeRecruit grants you a non-transferable, non-exclusive, right (without the right to sub-license) to access and use the Services by (i) using desktop web based applications, (ii) using the Web App in connection with, and solely for the purpose of accessing a service explicitly provided by EyeRecruit for your use (the “Permitted Purpose”), and (iii) installing and using the Mobile Apps solely on your own handheld mobile device (e.g., iPhone, iPad, or Android smart phone) and solely for the Permitted Purpose.

USE & PROTECTION OF USER ID & PASSWORD

You are entirely responsible for maintaining the confidentiality of your Account login information, your user id and/or password. You are responsible for all uses and for all activity that occurs under your account, whether or not actually or expressly authorized by you. If you provide anyone with access to your account, you are responsible for transactions and billings done though your account. You may not use another user’s account without the express, we suggest written, permission of the account holder.

You agree to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account, and to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify EyeRecruit of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. EyeRecruit is not liable for any loss or damage arising from your failure to comply with the above requirements.

MEMBERSHIP SUBSCRIPTIONS

Your EyeRecruit membership may start or remain free. The free membership lasts on a month-to-month basis or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free membership subscriptions are for new and certain former members only. EyeRecruit reserves the right, in its absolute discretion, to determine your free membership subscription eligibility.

We may offer a number of membership plans including special promotional plans or memberships with differing conditions, limitations and fee structures. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with EyeRecruit by visiting your individual profile and reviewing subscription information contained within. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties.

Subscription Membership Services are billed on a recurring basis. By starting your EyeRecruit membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the EyeRecruit service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method. Your subscription will continue indefinitely unless canceled by you.

Should EyeRecruit provide you with a subscription service plan that encompasses more than one month (quarterly, semi-annual, or annual), EyeRecruit may, in its sole discretion, provide you the option to pay for the entire subscription service plan in one or multiple advance payments, depending on your payment method, account history, and/or account preferences.

By choosing your subscription service plan, method of payment, and applicable billing cycle, you authorize EyeRecruit to use the form of payment specified in your account preferences or settings to bill you automatically in advance for the chosen EyeRecruit Services on a recurring basis for each applicable billing cycle until your account has been cancelled and the applicable subscription plan has concluded. Should you decide to cancel your account, your account will be effectively cancelled after the conclusion of your then-existing service plan.

PAYMENTS, PRICING & BILLING

PRICING – EyeRecruit reserves the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. This includes, but is not limited to any prices associated with subscription service plans at any time. Except as otherwise expressly provided for in these Terms & Conditions, any price changes to your service will take effect following email notice to you.

PAYMENT METHODS – To purchase EyeRecruit products or services, you must provide EyeRecruit with a valid credit, debit card or checking account debit information. The charge, if done by debit or credit card, will appear on your card statement or account statement as “EyeRecruit, Inc.” EyeRecruit currently accepts payments using a secure connection. EyeRecruit reserves the right to choose the forms of payment accepted for EyeRecruit Services, to refuse select forms of payment, to refuse service to anyone, and to add or remove particular third parties from whom it will accept payments.

FEES – Advertiser’s (job postings, resume services, resume searches, etc.) and other desired and selected Services shall pay the fees set forth in the applicable Online Order (“Fees”). EyeRecruit reserves the right to modify the Fees applicable to any new or renewal Online Order in its sole discretion.

BILLING CYCLE – The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your EyeRecruit membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the “View billing details” link on the “Your Account” page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

TIMING OF PAYMENTS – Payments must be authorized and/or made at the time of purchase. Where you enter into a subscription plan with monthly or periodic payments, the payments will be made automatically in advance of each month or period.

RENEWALS – For the convenience of our Customers, EyeRecruit automatically renews subscription plans.

INSUFFICIENT FINDS AND CHARGE BACKS – If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellations” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

CANCELLATIONS – You may cancel your EyeRecruit membership at any time. You will continue to have access to the EyeRecruit service through the end of your monthly billing period. Before doing so, EyeRecruit recommends you review the Terms and Conditions carefully so you understand what will occur upon cancellation particularly in relations to payments for EyeRecruit services. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel online, go to the “Preferences” section of your profile and follow the instructions for cancellation. To most effectively cancel your Account, please contact us at Support@EyeRecruit.com for assistance. Upon doing so, the cancellation of your Account will take place promptly. Upon cancellation, all of your Content may be deleted permanently. EyeRecruit shall not be responsible for the loss of any Content due to the cancellation (or termination) of an EyeRecruit Account.

EyeRecruit is not responsible should an Account remain active if the cancellation procedure described above is not followed.

TAXES AND OTHER EXCLUDED FEES

You also authorize EyeRecruit to charge you for any sales or similar taxes that may be imposed on your subscription payments. You may edit your Payment Method information by visiting our website and clicking on the “Preferences” link, available at the top of the pages of your EyeRecruit website profile. You shall bear all local, state and federal sales, use, gross receipts, excise, import or export, value added or similar taxes, duties, fees, assessments, levies, non-resident withholding, goods and services tax, or other similar government charges (“Taxes”), if any, legally imposed in connection with the Fees here under.

Some state or local governments impose taxes on Internet-based software, and EyeRecruit complies by collecting taxes on their behalf. The exact amount you’re taxed depends on the rates determined by your local government. 100% of the taxes we collect are remitted to the taxing authority. Currently, you’ll have to pay tax if you billing address is in Ohio, Washington State, or the City of Chicago (Illinois).

REFUND POLICY

EyeRecruit does not refund purchased services. Consequently, there will be no refunds for periods where EyeRecruit Services were unused should your account be cancelled including, but not limited to, period of dormancy or time remaining on subscription plans. Moreover, should you enter into a quarterly, semi-annual, or annual subscription plan wherein you make monthly payments, you agree to make monthly payments for the entire term of your subscription plan whether you use or cancel the EyeRecruit Services prior to the expiration of your subscription. Consequently, EyeRecruit cannot cancel or refund monthly payments associated with subscription plans. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.

ELIGIBILITY

You may use the Services only if you can form a binding contract with EyeRecruit, and if you are in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules, and regulations. Any use or access to the Services by anyone under the age of 18 is strictly prohibited and is a violation of these Terms. The Services are not available to any users previously prohibited from using the Services by EyeRecruit.

TERM & TERMINATION

These Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. At any time, EyeRecruit may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you if EyeRecruit, in good faith, believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms or rules.

EyeRecruit.com reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. In addition, when using particular Services or Materials on this Site, you shall be subject to any posted guidelines or rules applicable to such Services or Materials that may contain Terms and Conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site. Upon termination of these Terms, your Account and your right to use the Services will automatically terminate.

EyeRecruit may also refuse registration, terminate an account, and/or refuse EyeRecruit Services to any person who registers or attempts to register an account with EyeRecruit without authorization after having had an account previously suspended or terminated by EyeRecruit. In particular, should EyeRecruit identify this person by any means (including, but not limited to IP addresses), it reserves the right to refuse or terminate registration.

EyeRecruit reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice as noted under the section Termination of Account. You agree that EyeRecruit will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

DELETION OF CONTENT

Except as provided elsewhere in these Terms of Use, all Customer Content and Video Content will no longer be accessible to you upon deletion or termination of your Account.

CONSEQUENCES OF TERMINATION

Should your Account become terminated, EyeRecruit may, in our sole discretion and without liability to you, remove and discard any information associated with your account including, but not limited to, any Content or Customer Content. Should your Account become terminated, you will remain solely responsible for all liabilities that may have arisen or arise from your Account and/or its termination. EyeRecruit shall not be liable to you or any third-party for any termination of your Account or your use of the EyeRecruit Services. Any EyeRecruit Customer whose Account has been terminated by EyeRecruit may not access the EyeRecruit Services without the prior express written permission of EyeRecruit. There shall be no refunds for any use of EyeRecruit Services terminated as a result of a breach of these Terms of Use. Should the EyeRecruit Services become terminated globally for any reason, all EyeRecruit accounts shall be terminated immediately, without any prior notifications by EyeRecruit.

RESTRICTED & OBJECTIONABLE CONTENT

EyeRecruit reserves the right, but not the obligation, to delete posts and/or Content that it believes, in its sole discretion, violate these Terms of Use. However, the failure of EyeRecruit to delete any post and/or Content does not constitute an endorsement of it. EyeRecruit is not responsible for any false, defamatory, libelous, or slanderous Content posted by its EyeRecruit Customers. If you believe any Content violates your rights or those of a third party in any way, you may contact EyeRecruit via Report@EyeRecruit.com. Restricted & Objectionable content includes:

Unauthorized URLs or links to web sites (to advertise your company or web site, see our Advertising Info page).
Copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material).
Trade secrets (unless you own them or have the owner’s permission to post them).
Material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others.
Keywords or white text keywords (including any words embedded in the Document and hidden from the User).
Impersonation of another person, living or dead.
Post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters.
Post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or “club membership”).
Anything that contains “hate speech”, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group.
Anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful.
Anything that promote or is related to alcohol, tobacco, gambling or weapons.
Anything that is disparaging to EyeRecruit or third party operators of the Delivery Channel(s);
Anything that is embarrassing or offensive to another person or entity.
Content as designated by EyeRecruit as unacceptable content from time to time.

EyeRecruit is under no obligation to monitor the Documents posted on the EyeRecruit website, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at EyeRecruit’s sole discretion

SECURITY STATEMENT

EyeRecruit cares about the integrity and security of your personal information. However, EyeRecruit cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

SECURITY RULES

Users are prohibited from violating or attempting to violate the security of EyeRecruit, including, without limitation:

Registering or attempting to register an account with EyeRecruit without its express authorization after having been terminated or suspended by EyeRecruit for any reason.
Accessing data not intended for such User or logging into a server or account that the User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Talent Network, overloading, “flooding”, mailbombing or “crashing”.
Documents that encourage the User to “email for more details” are not permitted.
Documents from any third party charging a fee.
Sending unsolicited e-mail or other electronic communications, including promotions and/or advertising of products or services.
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
Altering transmission data without consent.
Harvesting e-mail or other electronic addresses through automated means without consent.
Seeking to obtain private financial information from any Consumer.
Attempting to interfere with EyeRecruit’s security measures.
Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, program, data, or personal information.

You shall be solely and entirely responsible for any and all use of the EyeRecruit Services through your Account. Consequently, we recommend and require that:

You not permit any other person to use your EyeRecruit Account;
You do not assign or transfer your Account or its login information to any other person or entity; and,
You promptly inform EyeRecruit of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of an EyeRecruit Account or its login information.

Violation of these Security Rules may result in civil or criminal liability. EyeRecruit reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the Website or Service and terminating or suspending the membership of such violators.

CONDUCT RULES – You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job with the Employer). Communications soliciting the Employer’s business are prohibited. You may not send unsolicited commercial email to Users, including electronic communications that offer, advertise, market or promote a product or service. Should EyeRecruit believe that the EyeRecruit Services have been, will be, or are being used for any unlawful purpose and/or used in violation of any of these Terms of Use or any other EyeRecruit agreement or policy, EyeRecruit may (a) terminate an account immediately; (b) refuse its EyeRecruit Services to anyone; and/or (c) take any further action as permitted by law.

TERMINATION OF ACCOUNT – EyeRecruit reserves the right to refuse its EyeRecruit Services to anyone should it believe that the EyeRecruit Services have been abused. For a non-exclusive list of what EyeRecruit considers abuse, you should refer to Section RESTRICTED & OBJECTIONABLE CONTENT above. Though specific prohibited items have been listed, EyeRecruit reserves the right to consider any action or conduct inconsistent with the intended use of EyeRecruit Services to constitute abuse.

EyeRecruit also reserves the right to suspend or terminate an EyeRecruit Account should EyeRecruit become involved in pending litigation or other similar dispute with an EyeRecruit Customer in relation to the EyeRecruit Account, or for any other reason. Should an EyeRecruit Customer become involved in litigation or other similar dispute in relation to an EyeRecruit Account, EyeRecruit also may suspend or terminate the EyeRecruit Account immediately and without notice.

Should EyeRecruit become aware of litigation relating to an EyeRecruit Account, EyeRecruit reserves the right to preserve Content associated with the EyeRecruit Account.

UNAUTHORIZED ACCESS OR CIRCUMVENTION

Any effort to circumvent the technology EyeRecruit has implemented to protect the privacy and the security of information on its servers or should any person, company or entity attempt to obtain or obtain unauthorized access to EyeRecruit servers and/or should any EyeRecruit Customer attempt to exceed or exceed his/her/its authorized access to EyeRecruit servers, EyeRecruit shall consider such conduct to violate the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, which provides for civil and criminal penalties. Additionally, depending on the circumstances, such conduct could also violate the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et eq. and the Stored Communications Act, 18 U.S.C. § 2701, et seq., both of which also provide for civil and criminal penalties. EyeRecruit considers the unauthorized access to and/or download of any Video Content fall within the scope of this prohibited conduct. Moreover, EyeRecruit shall consider any approval or knowledge of a third party’s efforts to engage in the foregoing prohibited conduct as willful cooperation in such conduct.

CUSTOMER SERVICE

EyeRecruit provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives (whether over the telephone, or via email or letter), you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees. If you have questions of concerns regarding the Products, the Services, or these Terms, Please contact us.

INTERFACE TO THIRD PARTY PRODUCTS AND SERVICES

This Site may contain links to Web sites operated by third parties (“Third Party Sites”) and referrals to third party vendors (“Referred Vendors”) and when you use these links you leave the EyeRecruit.com Site. EyeRecruit.com makes no representations whatsoever about any other Web site to which you may have access through this Site, paid subscriber, advertiser or referenced link sighting more information.

Over time, EyeRecruit may provide the opportunity for you to interface the Products and Services to one or more third party products and services, through and using the Services (“Third Party Products and Services”). You will decide whether and with which Third Party Products and Services you want to interface. Your explicit consent and authorization will be required for this interface, and will be revocable by you at any time. Once your consent is given for a particular Third Party Product and Service, you agree that EyeRecruit may exchange information and control data regarding you and your products, including your personally identifiable information, in order to enable the interface you have authorized. This information will be secured and subject to the Privacy Statement.

EyeRecruit neither monitors nor has any control over such third party websites, products, and services. These third party products and services are beyond EyeRecruit‘s control, but their operation may impact or be impacted by the use and reliability of the EyeRecruit Services. When you access a non-EyeRecruit.com Web site, you do so at your own risk and EyeRecruit.com is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. EyeRecruit provides these links and referrals merely as a convenience and the inclusion of such links does not imply that EyeRecruit.com endorses or accepts any responsibility for the content or uses of such Web sites. EyeRecruit does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites or Referred Vendors. Your use of these Third Party Sites is at your own risk.

Any correspondence or business transaction’s between you and such third parties are solely between you and any such third party. EyeRecruit may provide the opportunity for you to interface to Third Party Products and Services, but EyeRecruit is not responsible for any loss or damage arising from any communications and/or transactions between you and third parties; and/or the privacy and other providers of such third parties.

EyeRecruit specifically disclaims all warranties, express or implied, relating to third party products and services including, but not limited to, all implied warranties or merchantability and fitness for a particular purpose and non-infringement, except as otherwise specified in this agreement or where such disclaimers are help to be legally invalid.

Third party websites may solicit personal information and send cookies, the inclusion of a link to a third party website through the apps, website, and/or EyeRecruit services does not imply endorsement or the linked third party website.

You may also be subject to additional terms and conditions that may apply when you use affiliate or other services provided be EyeRecruit, third party content or third-party software, EyeRecruit specifically disclaims any liability for its customers failing to abide by third-party websites policies and terms.

EQUIPMENT, ISP, AND CARRIER – You acknowledge that the availability of the Services is dependent on (i) your computer, mobile device, home wiring, home Wi-Fi network, and other related equipment (“Equipment”), (ii) your Internet service provider (“ISP”), and (iii) your mobile device carrier (“Carrier”). You acknowledge that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the Services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and Carrier.

APP STORES – You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that these Terms are between you and EyeRecruit and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

RELEASE REGARDING THIRD PARTIES – EyeRecruit is not responsible for third parties or their products and services, including the App Stores, Third Party Products and Services, Third Party Sites, Referred Vendors, Equipment, ISPs, and Carriers. You hereby release EyeRecruit and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. You further acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers, (ii) these third products and services may not operate in a reliable manner 100% of the time, and they may impact the way that the EyeRecruit Services operate, and (iii) EyeRecruit is not responsible for damages and losses due to the operation of these third party products and services. These Third Party Products and Services are not EyeRecruit products and services and you agree that EyeRecruit is not responsible for damages or loss that may be caused by them.

“IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

CERTAIN RESTRICTIONS

The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (iii) you agree not to access the Services in order to build a similar or competitive service; (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Product, the Product Software, or any other system, device or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by EyeRecruit; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.

AUTOMATIC SOFTWARE UPDATES

EyeRecruit may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and/or the Product Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consents. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services and the Product. If you do not terminate a previously created Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Services and the Product and you agree to promptly install any Updates EyeRecruit provides. Your continued use of the Services and the Product is your agreement – (i) to these Terms with respect to the Services, and (ii) with respect to updated Product Software.

RESTRICTED LOCATIONS

Although the Site is accessible worldwide, Apps, Website and/or EyeRecruit Services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom. If you choose to access the Site from outside a country in which EyeRecruit supports the Product and Services, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Site is not designed for use Certain Countries and some or all of the features of the Site may not work or be appropriate for use in such a country. To the extent permissible by law, EyeRecruit accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Site Outside Certain Countries. You will be bound by these Terms wherever you access or use the Site or use the Services.

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

AGREED USAGE & LIMITATIONS OF EYERECRUIT SERVICES

INTENDED USE OF EYERECRUIT SERVICES

The Services are intended to be accessed by, and used for, non-time-critical EyeRecruit Products & Services. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond EyeRecruit ‘s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that EyeRecruit is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications.

RESALE OF SERVICE

Unless otherwise agreed to in writing with EyeRecruit, you agree not to reproduce, copy sell, duplicate, resell, outsource, reverse engineer or exploit any portion of, the use of, or access to EyeRecruit Services.

RELIABILITY OF NOTIFICATIONS

You acknowledge that the Services, including remote access and mobile notifications, are not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive notifications in any given time or at all.

TEMPORARY SUSPENSION

The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. EyeRecruit does not offer any specific uptime guarantee for the Services.

SYSTEM REQUIREMENTS

The Services will not be accessible without: (i) a working Wi-Fi network in your home or office that is positioned to communicate reliably with the Products; (ii) an Account; (iii) mobile clients such as a supported phone or tablet (required from some functionality); (iv) always-on broadband Internet access in your home; and (v) other system elements that may be specified by EyeRecruit. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.

TRADEMARKS

You agree not to use EyeRecruit Trademarks or any mark that is confusingly similar to such trademarks. The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of EyeRecruit or other third parties. You are not permitted to use the Marks without the prior written consent of EyeRecruit or such third party that may own the Marks. EyeRecruit and the EyeRecruit.com logo are trademarks of EyeRecruit. Nothing on or through the EyeRecruit Services should be construed as granting, implication, estoppel or otherwise, any license or right to use any of EyeRecruit Trademarks.

For purposes of displaying your Account and content associated with it, you permit EyeRecruit to use your name and trademark, if applicable. You also allow EyeRecruit to use your name and trademark in a manner consistent with fair use. Upon receiving written request consistent with Notices provided herein, EyeRecruit will remove your name and/or trademark except as necessary to continue providing you with EyeRecruit Services.

All other companies’ names, brand names and product names are trademarks or trade names of their respective owners who may or may not endorse, be affiliated with or connected to EyeRecruit. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the EyeRecruit Services or advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

INTELLECTUAL PROPERTY

You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Product, Product Software, and Services (i.e., the Site, Web App, and Mobile Apps) are owned by EyeRecruit or its affiliates or our licensors. Your possession, access, and use of the Product, Product Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. EyeRecruit and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms. No title or interest in such intellectual property rights is being transferred to you and you agree to make no claim of interest in any such Software. Except as expressly authorized by EyeRecruit or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part.

You may only copy parts of the Services (including this Site) on to your own computer for your own personal use. You may not use the content of the Services in any other public or commercial way nor may you may copy or incorporate any of the content of the Services into any other work, including your own web site without the written consent of EyeRecruit. You must have a license from us before you can post or redistribute any portion of the Services. EyeRecruit retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services or any content therein.

You may choose to, or EyeRecruit may invite you to submit comments, suggestions, or ideas about the Products or Services, including how to improve the Products or Services (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place EyeRecruit under any fiduciary or other obligation. EyeRecruit may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that EyeRecruit does not waive any rights to use similar or related ideas previously known to EyeRecruit, developed by its employees, or obtained from other sources.

LIMITATIONS OF LIABILITY

Nothing in these Terms and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL EYERECRUIT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, AND/OR ANY OTHER DAMAGES OR INTANGIBLE LOSS.

THE TYPE OF DAMAGES TO WHICH THESE LIMITATIONS OF LIABILITY APPLY INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF BUSINESS PROFITS OR LOST SAVINGS, LOSS TO GOODWILL, LOSS ARISING FROM BUSINESS INTERRUPTION, LOSS OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, LOSS OF REPUTATION, VIOLATION OF PRIVACY, LOSS OF USE OR DATA, LEGAL FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES, PARALEGAL FEES, AND OTHER COSTS AND EXPENSES), AND/OR ANY OTHER KIND OF DAMAGE OR LOSS ARISING FROM OR RELATING TO THE SERVICES OR THE PRODUCTS, EVEN IF EYERECRUIT KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

EYERECRUIT’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO EYERECRUIT OR EYERECRUIT’S AUTHORIZED RE-SELLER FOR THE SERVICES OR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. EYERECRUIT’S DISCLAIMS ALL LIABILITY OF ANY KIND OF EYERECRUIT’S LICENSORS AND SUPPLIERS.

“EYERECRUIT” SHALL MEAN EYERECRUIT; ITS SUBSIDIARIES; AND, ITS OWNERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS.

“STRATEGIC PARTNERS” SHALL MEAN CO-BRANDERS, SUPPLIERS, VENDORS, AND OTHER PARTNERS USED BY EYERECRUIT AS WELL AS THEIR SUBSIDIARIES, PARENTS, OWNERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS.

THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF WHETHER CAUSED BY EYERECRUIT OR ANY PART OF EYERECRUIT AS DEFINED ABOVE.

THESE LIMITATIONS OF LIABILITY APPLY TO ALL CLAIMS, CAUSES OF ACTION, AND/OR FORMS OF ACTION, WHETHER FOR OR BASED UPON BREACH OF CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY OR UNDER ANY OTHER CLAIM OR CAUSE OF ACTION.

THESE LIMITATIONS OF LIABILITY APPLY EVEN IF EYERECRUIT WAS ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES.

YOU AGREE THAT EYERECRUIT AND ITS STRATEGIC PARTNERS SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGES AS DEFINED ABOVE ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, INABILITY TO USE, OR ANY OTHER MATTER RELATING TO THE APPS, WEBSITE, AND/OR EYERECRUIT SERVICES.

YOU AGREE TO EXCUSE EYERECRUIT AND AGREE THAT IT SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DELAY OR FAILURE TO PERFORM DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOVERNMENT; NATURAL CATASTROPHES; FORCE MAJEURE; ACTS OF GOD; INTERNET DISRUPTIONS OR UNAVAILABILITY; FAILURE OF OPERATING SYSTEMS; UNAVAILABLE NETWORK CONNECTIONS; IMPERFECT COMPUTER TRANSMISSIONS; LABOR DISPUTES: POWER OUTAGES; LOSS OF DATA; OR SIMILAR OCCURRENCES.

YOU AGREE THAT EYERECRUIT SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE APPS, WEBSITE, AND/OR EYERECRUIT SERVICES. SIMILARLY, EYERECRUIT SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD UPDATES TO THE SOFTWARE OR CODE REQUIRE THE INSTALLATION OF OTHER THIRD PARTY SOFTWARE.

YOU AGREE THAT EYERECRUIT SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES AS DEFINED ABOVE THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH:

THE USE OF OR THE INABILITY TO USE THE EYERECRUIT SERVICES; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE EYERECRUIT SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE EYERECRUIT SERVICES; THE DISCLOSURE OF ANY PARTY’S IDENTITY OR IDENTIFYING INFORMATION; THESE TERMS OF USE; OR ANY OTHER MATTER RELATING TO THE EYERECRUIT SERVICES.

YOU AGREE THAT EYERECRUIT SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES AS DEFINED ABOVE. WHERE ANY COURT OF COMPETENT JURISDICTION LIMITS THE ABILITY OF EYERECRUIT TO DISCLAIM ANY DAMAGES, YOU AGREE THAT THE MAXIMUM AMOUNT OF DAMAGES THAT EYERECRUIT SHALL BE LIABLE TO YOU FOR SHALL NOT EXCEED THE AMOUNT OF PAYMENTS YOU PAID TO EYERECRUIT.

IF YOU ARE DISSATISFIED WITH THE APPS, WEBSITE, AND/OR EYERECRUIT SERVICES, OR YOU HAVE ANY DISPUTE WITH EYERECRUIT IN CONNECTION WITH THE SAME OR THESE TERMS OF USE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE APPS, WEBSITE, AND/OR EYERECRUIT SERVICES.

YOU AGREE THAT EYERECRUIT SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING OR OCCURRING THROUGH ANY EMPLOYMENT RELATIONSHIP (WHETHER EMPLOYER-EMPLOYEE OR EMPLOYER-INDEPENDENT CONTRACTOR OR EMPLOYER-STAFFING COMPANY) DEVELOPED, MODIFIED, OR TERMINATED BY USE OF THE APPS, WEBSITE AND/OR EYERECRUIT SERVICES.

YOU AGREE THAT EYERECRUIT SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MISUSE OF CONTENT FOUND ON OR THROUGH THE APPS, WEBSITE, AND/OR EYERECRUIT SERVICES. PARTICULARLY, EYERECRUIT SHALL NOT BE LIABLE FOR ANY MISUSE OF ANY VIDEO CONTENT OR INFORMATION CONTAINED THEREON BY ANY CUSTOMER.

YOU AGREE THAT EYERECRUIT SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MISUSE OF CONTENT FOUND ON OR THROUGH THE APPS, WEBSITE, AND/OR EYERECRUIT SERVICES DELIVERED TO STAFFING / RECRUITING CLIENTS. PARTICULARLY, EYERECRUIT SHALL NOT BE LIABLE FOR ANY MISUSE OF ANY VIDEO CONTENT OR INFORMATION CONTAINED THEREON BY ANY STAFFING CLIENTS.

YOU AGREE THAT EYERECRUIT AND ITS STRATEGIC PARTNERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION OF CONTENT; DEFECT; DELAY IN OPERATION OR TRANSMISSION; BUG; VIRUSES THAT MAY INFECT YOUR COMPUTER SOFTWARE, EQUIPMENT, OR OTHER PROPERTY; COMMUNICATION LINE FAILURE; THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS.

WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE APPS, WEBSITE, AND/OR EYERECRUIT SERVICES OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, BUGS, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, (2) THAT THE FUNCTIONS PERFORMED BY THE APPS, WEBSITE, AND/OR EYERECRUIT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR (3) THAT DEFECTS IN THE APPS, WEBSITE, AND/OR THE EYERECRUIT SERVICES WILL BE CORRECTED.

IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE APPS, WEBSITE, AND EYERECRUIT SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

PROTECTION OF CONFIDENTIALITY & INTELLECTUAL PROPERTY RIGHTS

Notwithstanding the foregoing, EyeRecruit may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

DESTRUCTION OF MATERIALS

Should you violate the terms regarding Intellectual Property you are hereby notified that you must delete any materials obtained in violation of these Terms and Conditions immediately upon notice or upon realizing possession of such materials violate these Terms and Conditions, whichever is earlier.

COPYRIGHT

EyeRecruit shall possess and retain all copyrights to content created by EyeRecruit (“EyeRecruit Content”). EyeRecruit may use content obtained from third party sources. All rights to such third party content remains with the owners of such third party content.

You shall possess and retain all interest in your Video Content. However, you may only upload Video Interviews if you purchase an annual subscription. Moreover, as stated elsewhere, any Video Content associated with an Account may be destroyed upon cancellation or termination of an account. All copyrights in Customer Content shall remain with the applicable owners of such copyrights.

By using EyeRecruit Services, you provide EyeRecruit a license to use your Customer Content and Video Content for purposes of providing EyeRecruit Services in relation to your Account.

You may link to our Website from your own websites and other third party websites, so long as you do so in accordance with these Terms of Use. However, you may not frame any elements of EyeRecruit Services within any other website.

Your use of any third party software or content obtained through the EyeRecruit Services does not transfer to you any rights, title or interest in or to the third party software or content. Further, you agree that you shall not use any third party software or content made available to you through the EyeRecruit Services except as expressly authorized under the applicable third party provider’s terms of use or license, which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the third party providers’ terms of use or license agreement, do not download or use the third party software or content.

COPYRIGHT COMPLIANCE

This is the official copyright compliance policy (“Copyright Compliance Policy”) for EyeRecruit. We respect the intellectual property rights of others and prohibit anyone from uploading, posting or otherwise transmitting any materials that violate another party’s intellectual property rights. When EyeRecruit receives proper Notification of Alleged Copyright Infringement as described herein, it promptly removes or disables access to the allegedly infringing material and terminates the accounts associated therewith as described herein in accordance with the Digital Millennium Copyright Act (“DMCA”).

This Copyright Compliance Policy sets forth the procedures undertaken by EyeRecruit, to respond to notices of alleged copyright infringement from copyright owners and terminating the accounts of repeat infringers and does not cover any other procedures, for any other purpose, or the procedures of the Parent Companies or any subsidiaries and affiliates of EyeRecruit, Inc. and the Parent Companies (collectively, “Affiliates”), or any other company, unless specifically stated. This Copyright Compliance Policy is a part of the terms and conditions which are set forth in our Terms and Conditions agreement. Any terms that are not defined in this Copyright Compliance Policy shall have the meaning given in the Terms of Use Agreement. Both the Terms of Use Agreement and this Copyright Compliance Policy are legally binding on all users. We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur.

SENDING A NOTICE OF COPYRIGHT INFRINGEMENT

If you are a copyright owner (or the owner’s authorized agent) and have a good-faith belief that material on our website infringes one of your copyrights, you may send a written Notification of Alleged Copyright Infringement to our designated DMCA Agent identified below. In order for us to process your notice of copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.

Send your notice of infringement to Our Agent Designated to Receive Notification of Claimed Infringement:

EyeRecruit, Inc.

Attention: Notices

15970 W. State Rd. 84

Suite 418

Fort Lauderdale, FL. 33326

Email of Designated Agent:  Copyright@EyeRecruit.com

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

Your notice of infringement must be a written communication provided to the agent designated above that includes substantially the following information: (1) Identify the URL or other specific location on the Website where you claim the copyrighted work is located, so EyeRecruit can locate the material, (2) a statement by You, that the information contained in your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (3) Include a statement the You, the complaining party, has a good faith belief that disputed use of the material is not authorized by the copyright owner, its agent, or the law. (4) Include your name, mailing address, telephone number and email address. (6) Include a physical notarized signature and clear copy of the valid State Drivers License of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

HOW TO SEND A COUNTERNOTICE IF YOUR POSTING WAS REMOVED IN RESPONSE TO A NOTICE OF INFRINGEMENT AND YOU BELIEVE THE POSTING IS NOT INFRINGING.

As detailed above, if we receive a notice of infringement sent to our designated agent with the information described above, we will expeditiously remove or block access to the material that is claimed to be infringing. We will also send a notification to the user who posted the material, at the email address provided by the user in connection with his or her account with us, telling the user that the material was removed or access to it was blocked because of claimed infringement. If you are a user who posted material that was removed in response to a notice of infringement and you believe that material was removed due to mistake or misidentification, you may request that we replace the posting by sending us a counter notice as follows:

EyeRecruit, Inc.

Attention: Notices

15970 W. State Rd. 84

Suite 418

Fort Lauderdale, FL. 33326

Email of Designated Agent: Copyright@EyeRecruit.com

You must send the counter notice to our designated agent for receiving notices of infringement, whose name and contact information is above.

Your counter notice must be a written communication sent and must include substantially the following information: (1) a physical or electronic signature of the subscriber (you the user). (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 user 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.  (4) The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

When we receive a counter notice that complies with these requirements, we reserve the right, but not the obligation, to restore the material that was removed after forwarding a copy of the counter notice to the person who sent the notice of infringement and waiting at least 10 business days. If, during those 10 business days, the person who sent the original notice of infringement notifies us that such person has instituted a suit to seek a court order to restrain the user from infringing activity relating to the material on our website, we will not replace the material. Otherwise, we may repost the material at our discretion. However, pursuant to the Section of the Terms of Use Agreement entitled “Postings”, we retain the right to remove, block access to, or not restore material at any time for any reason without any liability to the posting user. In particular, a user who sends a counter notice pursuant to this Copyright Compliance Policy expressly acknowledges and agrees that we shall not be liable to the user under any circumstances for declining to replace material.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

REPEAT INFRINGER POLICY

We have a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more Postings for which we receive a notice of infringement under this Copyright Compliance Policy. Each user agrees that if his or her account is terminated pursuant to this Copyright Compliance Policy, the user will not attempt to establish a new account under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account after being terminated pursuant to this Copyright Compliance Policy, the user shall indemnify and hold us harmless for any and all liability that we may incur therefore.

Sole Statement: This document is the sole statement of the Copyright Compliance Policy with respect to this Site, and no summary, restatement or other version thereof, or other statement or policy, in any form, including, without limitation, machine-generated, is valid. This Copyright Compliance Policy was last modified on April 20^th 2016 and is effective immediately.

LIMITED LICENSE

All EyeRecruit Content is the proprietary property of EyeRecruit and/or its licensors, with all rights reserved. Copyright and/or other intellectual property laws protect the Materials and Services on this Site, and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, EyeRecruit and its suppliers do not grant any express or implied right to you under any copyrights, trademarks, or trade secret information with respect to the Materials and Services. Except as specifically permitted herein, no portion of the information or documents on this Site may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without EyeRecruit ‘s prior written permission, reproduced in any form or by any means without the prior written permission of EyeRecruit.

Except as otherwise indicated elsewhere on this Site, you may view, download and print the documents and information available on this Site and in the Membership Areas subject to the following conditions:

The documents, videos, questions, answers and information contained within may not be modified, altered or used in any way, currently known or soon to become known format, without express written and notarized consent of EyeRecruit, Inc.

You may not move or remove, or retain to move or remove any copyright or other proprietary information or notices contained in the documents and information.

com reserves the right to revoke the authorization to view, download and print the documents and information available on this Site at any time, and any such use shall be discontinued immediately. A written notice will be sent in the US Postal Services. A copy of the correspondence will be keep for up to 10 Years for the date.

EyeRecruit reserves the right to record, track and store pathways and screenshots that are digitally recorded, photographed and cataloged at periodic times throughout the days, weeks and years.

The rights granted to you constitute a license and not a transfer of title. Provided that you are eligible for use of EyeRecruit Services and retain all copyright or other proprietary notices intact, you are granted a limited license to access and use the EyeRecruit Services and the EyeRecruit Content, including a limited license to download or print a copy of any portion of the EyeRecruit Content to which you have properly gained access solely for your use in relation to the EyeRecruit Services.

You may not upload or republish EyeRecruit Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. This limited license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.

Any use of the EyeRecruit Services or EyeRecruit Content without the prior written permission of EyeRecruit, other than as specifically authorized herein, is strictly prohibited and shall immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause. The rights specified above to view, download and print the documents and information available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

WARRANTIES & DISCLAIMERS

EyeRecruit and its website presence through the domain of www.EyeRecruit.com has taken, and will continue to take due care in the development, preparation and maintenance of the content contained. Although EyeRecruit uses all reasonable endeavors to ensure only accurate information is posted on its websites the information, materials, services and products included may include inaccuracies or typographical errors.

WE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE WEBSITE, APPS, AND/OR EYERECRUIT SERVICES. HOWEVER, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE; LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA; LOSS OF REVENUE; OR, OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE EYERECRUIT SERVICES, OR OTHER INTERACTION WITH THE EYERECRUIT SERVICES.

YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE EYERECRUIT SERVICES. WE DO NOT WARRANT THAT (i) THE EYERECRUIT SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE EYERECRUIT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EYERECRUIT SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE EYERECRUIT SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

The apps, Website, and/or EyeRecruit Services are provided to you “AS IS”, “WITH ALL FAULTS”, “AS AVAILABLE,” without warranty of any kind, either expressed or implied, to the fullest extent possible under the law including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.

EyeRecruit may make improvements or changes to its websites at anytime without notice. The data presented on this site is an information resource only and should not be construed as legal advice or as conclusive with respect to the existence or non-existence of any particular fact.

EyeRecruit may make changes to the materials and services at this site, including the prices and descriptions of any products listed herein, for any reason and at any time without notice. The materials or services at this site may be out of date, and EyeRecruit makes no commitment to update such materials or services.

EyeRecruit assumes no responsibility for the intentional or unintentional misdirection of fact from a Subscriber, general errors or omissions found in the information, documents, materials, submissions and/or services that are referenced by or linked to this site. References to other corporations, their services and products, are provided “as is” without warranty of any kind, either express or implied.

In no event shall EyeRecruit or its suppliers be liable to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data loss or breach or subsequent rises or falls in profits, whether or not EyeRecruit has been advised of the possibility of such damages, and on any theory of liability, arising out of, or in connection with the use of this site or of any web site referenced or Profiles linked to or from this site.

Any materials downloaded or otherwise obtained through the site is done at your own discretion and risk.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE APPS, WEBSITE, AND/OR EYERECRUIT SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

With your further use of this Site and its Services you agree that you will be and are solely responsible for any damage to your computer system or loss of data that results from the download of any such materials.

INDEMNIFICATION

You agree to indemnify and hold EyeRecruit, Inc., and its subsidiaries, affiliates, officers, directors, shareholders, agents, co-branders or other partners, and employees, harmless from any claim, demand, expenses, or losses, including reasonable legal fees (including but not limited to attorney’s fees, paralegal fees, costs and expenses), made by any third party against EyeRecruit due to or arising out of: (A) your use of and/or connection to the Apps, Website, and/or EyeRecruit Services; (B) your sharing of any content obtained through use of the Apps, Website, and/or EyeRecruit Services to any third party; (C) the use of any content downloaded from the Apps, Website, and/or EyeRecruit Services to your computer and/or servers; (D) your violation of these Terms of Use; (E) content or information you sent, submitted, electronically received, viewed, printed, downloaded, or transmitted through the Apps, Website, and/or EyeRecruit Services; (F) any misuse, intended or unintended, of any Video Content (and/or information conveyed therein) by you, your agents, your employees, your customers, and any other parties to whom information is provided; or (G) your violation of any rights of any other individual or entity, whether you are a registered user or not. You are responsible for your own actions or the actions of individuals you have allowed access under your account.

The company’s policy is to cooperate to the fullest extent of the law when violations occur. EyeRecruit reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify EyeRecruit and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without EyeRecruit’s prior written consent. EyeRecruit will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. In all cases, EyeRecruit shall have the right to choose its own counsel.

DISPUTES & ARBITRATION

CONTRACT EYERECRUIT FIRST. If a dispute arises between you and EyeRecruit, our goal is to learn about and address your concerns. You agree that you will notify EyeRecruit about any dispute you have with EyeRecruit regarding these Terms by contacting us at: Notices@EyeRecruit.com.

BINDING ARBITRATION

You agree that any claim, dispute, action, cause of action, issue, controversy or request for relief arising out of or relating to these Terms and Conditions, the Apps, Website, and/or EyeRecruit Services shall be settled by arbitration in Fort Lauderdale Florida rather than by filing any lawsuit in any forum other than set forth in this section. Further you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly, to encompass all disputes or claims arising out of or relating to your use of the Service. Any dispute or claim made by you against us or us against you arising out of or relating to these Terms or your use of the Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to small claims court if they qualify for hearing by such a court.

ARBITRATION PROCEEDURE

You must first present any claim or dispute to us at Notices@EyeRecruit.com to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days after presenting the claim or dispute to EyeRecruit. EyeRecruit may request arbitration against you at any time after it has notified you of a claim or dispute. The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by this agreement. The place of any arbitration will be Fort Lauderdale, Florida in Broward County, USA, and will be conducted in the English language. A single arbitrator shall be agreed upon by the parties or, if the parties cannot agree upon an arbitrator within thirty (30) days, then the parties agree that a single arbitrator shall be appointed by the American Arbitration Association. The arbitrator may award legal fees (including, but not limited to, attorneys’ fees, paralegal fees, etc.), expenses, and costs as part of the award.

The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any award issued as a result of the arbitration shall be binding and may be entered as a final judgment or order in any court of competent jurisdiction and enforced accordingly.

Any arbitration shall be confidential, and neither you, nor EyeRecruit nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award.

Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

NO CLASS ACTIONS

You expressly waive any right to participate in any class action against EyeRecruit for any claims related to the Apps, Website, and/or EyeRecruit Services. In fact, by using the Apps, Website, and/or EyeRecruit Services and agreeing to these Terms of Use, you expressly agree that you shall not be permitted to resolve any claims through class actions against EyeRecruit.

FEES & EXPENSES

All costs and expenses of the arbitration shall be allocated among the parties as determined by the arbitrator. Each party will bear the expense of its own counsel, legal fees (including, but not limited to, attorney’s fees, paralegal fees, etc.), experts, witnesses and preparation and presentation of evidence at the arbitration hearing.

YOU MUST CONTACT EYERECRUIT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.

This arbitration clause shall survive termination of these Terms.

JURY TRIAL WAIVED

As provided in the Arbitration Clause above, you acknowledge that all disputes with EyeRecruit shall be resolved through arbitration. Should any arbitration or court find such restriction unenforceable and/or should any dispute appear before a court, you expressly waive any right to a jury trial in any action against EyeRecruit for any claims related to the Apps, Website, and/or EyeRecruit Services. In fact, by using the Apps, Website, and/or EyeRecruit Services and agreeing to these Terms of Use, you expressly agree that you shall not be permitted to obtain a jury trial in any action against EyeRecruit.

GOVERNING LAW AND JURISDICTION

This Site (excluding linked sites) is controlled by EyeRecruit from its United States of America office within the State of Florida. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Florida, without regard to its conflicts of laws provisions. You also agree and hereby submit to the exclusive personal jurisdiction and venue of Broward County Florida with respect to such matters. Similarly, the laws of the State of Florida (again without regard to its conflicts of laws provisions) shall also govern any dispute arising between you and EyeRecruit. You agree to submit to the personal and subject matter jurisdiction of the courts located within Broward County in the State of Florida. You also agree the venue for any action; dispute or proceeding with respect to this Agreement or any dispute between you and EyeRecruit shall be Broward County in the State of Florida. You further waive all defenses to the contrary including, but not limited to, lack of personal jurisdiction or forum non conveniens. EyeRecruit makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

ENTIRE AGREEMENT / SEVERABILITY

These Terms constitute the entire agreement between you and EyeRecruit regarding the use of the Services. These Terms and Conditions, as they shall be modified from time to time, constitute the full and complete understanding with respect to the subject matter hereof and supersede and preempt any prior understandings, agreements, or representations by or among the parties, written or oral, which may have related to the subject matter hereof in any way. Any failure by EyeRecruit to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party. You may not rely on any other statements, promises, or agreements by any party, whether written or oral, that alters or contradicts the terms of these Terms of Use. Indeed, you affirm that you are not relying upon any verbal or written representations whatsoever, except as expressly set forth in these Terms of Use.

ASSIGNMENT

These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without EyeRecruit ‘s prior written consent. These Terms may be assigned by EyeRecruit without restriction. These Terms are binding upon any permitted assignee.

INCORPORATION CLAUSE

These Terms of Use expressly incorporate the terms provided for in EyeRecruit’s Privacy and Security Policy.

INDEPENDENT PARTIES

You and EyeRecruit are independent parties and nothing contained in these Terms of Use shall be construed or implied to create any agency or partnership between you and EyeRecruit. At no time shall you or EyeRecruit act as an agent for or make commitments for or in the name of the other party.

LEGAL ADVISE NOT PROVIDED

You acknowledge and agree that EyeRecruit has not and will not provide you with any legal advice on any subject, but particularly with respect to compliance with employment, data privacy, or other relevant laws, rules, or regulations. You agree not to construe any EyeRecruit communications as legal advice.

PARAGRAPH AND SUBJECT HEADINGS

Paragraph and Section headings are for convenience only and shall not be used to construe these Terms of Use or otherwise be given any legal effect.

REASONABLENESS

The Parties have read each of the terms in these Terms of Use and consider each of them, including all subparts, to be reasonable.

SAVINGS CLAUSE

In the event that any provision of these Terms of Use is held to be void or unenforceable by a Court of competent jurisdiction, the remaining provisions of these Terms of Use shall nevertheless be binding upon the Parties with the same effect as though the void or unenforceable part had been deleted. Further, any provision held to be void or unenforceable by a Court of competent jurisdiction shall be construed, if possible, to give effect to the Parties’ intent. The Parties agree that any such provision, in its forms modified by the court, shall then be enforceable and shall be enforced.

STATUTE OF LIMITATIONS

To the extent permitted by law, any claim or cause of action arising out of or related to use of the Apps, Website, and/or EyeRecruit Services shall be filed within one (1) year after such claim or cause of action arose. To the extent permitted by law and as applicable, any claim arising from the publication of any content on or through the Apps, Website, and/or EyeRecruit Services shall accrue on the first date of publication.

SURVIVAL

You agree that certain of these Terms of Use shall survive termination or expiration of your use of the EyeRecruit Services to achieve the fundamental purposes of these Terms and Conditions.

WAIVER

No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

The failure of EyeRecruit to insist, in any one or more instances, upon the performance of any of the terms of these Terms of Use or to exercise any right hereunder, shall not be construed as a waiver of the future performance of any such term or the future exercise of such right.

No employee, agent or representative, including without limitation a customer service representative, of EyeRecruit shall be entitled to waive any term of these Terms of Use or any other EyeRecruit’s agreements or policies.

NOTIFICATIONS

EyeRecruit may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, hard copy, or posting of such notice on the Site. Notices by EyeRecruit to you for any reason (including changes to these Terms of Use, the Apps, the Website, and/or EyeRecruit Services, the fees, or other similar matters), may be provided by a general posting on the Website at EyeRecruit.com. Notices by you to EyeRecruit may be given through electronic mail to Notices@EyeRecruit.com unless otherwise specified in these Terms of Use.

Without receiving a confirmation email back from EyeRecruit, you may not assume that your notice has been received. EyeRecruit is not responsible for any automatic filtering you or your network provider may apply to email notifications. EyeRecruit recommends that you add @EyeRecruit.com URLs to your email address book to help ensure you receive email notifications from EyeRecruit.

ACKNOWLEDGEMENT

You acknowledge that you have read, understood, and agreed to all terms contained herein. Further, you represent that you have consulted, or have had the opportunity to consult with, your legal, tax, and financial advisors in connection with the execution and performance of the Agreement.

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