Terms of Service
NetOne Recruiter LLC
Terms of Service
Effective Date: April 26, 2020
These Terms of Service (“Terms”) govern your use of our website (the “Site”) and related products and services, including any content or information provided as part of the Site or such related products, services or websites (collectively with the Site, the “Services”), which are owned or operated by NetOne Recruiter LLC (“NetOne Recruiter”, “we”, “our” or “us”).
If you are entering into these Terms on behalf of a company or other organization, you hereby represent and warrant that you are authorized to enter into these Terms on behalf of such company or other organization.
- Overview of Services & Disclaimer
The Services are defined as the applications and services offered by NetOne Recruiter, including an on-line service to post and search employment opportunities, and any mobile application or other interface that allows You to access such application. The Sites allows employment recruiters and businesses (“Clients”) to post employment opportunities and individuals (“Users”) can apply to those employment opportunities by creating a profile account, which may include personal information (“Profile” or “Profiles”), and to make these Profiles, or aspects thereof, public. The Site enables Clients and Users to work together online to engage Users to complete the agreed-upon services. These Terms will not govern such engagement for services which are instead governed by separate agreements between NetOne Recruiter and Clients, and between NetOne Recruiter or the Client and the Users.
When Users create an account, we collect registration-related information, which includes your email address, a telephone number and your name. You may complete your registration once you have verified your email. When you create your account profile, you may provide us with your mailing address, work and pay history or rate and work preferences. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access this Site, whether directly or through any account that you may set up through or on this Site. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of this Site as well as paying related charges. You agree to choose a strong and secure password(s) and maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Site. Should you believe your password or security for this Site has been breached in any way, you must immediately notify us at legal@NetOneRecruiter.com.
We reserve complete and sole discretion with respect to the operation of the Services. We reserve the right to change terms and warranties without notice. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Services at any time.
- Your Eligibility; Your Responsibility
To be eligible to use the Services, you represent and warrant that you: (a) are at least 18 years of age, or otherwise over the age of majority in the jurisdiction in which you reside; (b) are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto; (c) will only maintain one account at any given time; (d) will only provide accurate information to NetOne; (e) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; and (f) will not violate any rights of NetOne Recruiter or a Third-Party.
You assume all responsibility for your use of, and access to, the Services. Accounts are for a single user, company or other legal entity, as applicable. Any multiple-party use, other than individual use on behalf of a company or other legal entity, is prohibited. For example, sharing a login between non-entity individual users is prohibited.
- Personal Information; Your Content; Your Account
- Accuracy. By registering for our Services, you represent and warrant that all information you submit to us is true, accurate, current, and complete and that you will promptly notify us in writing if your information changes. It is your responsibility to keep your account and profile information accurate and updated. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us.
- Your Account. The account you create and any related Profile is owned by us. With regard to your account, you agree to: (a) keep your password secure and confidential; (b) not permit others to use your account; (c) not use the accounts of others; (iv) not transfer your account to another party; and (d) notify us of any actual or suspected unauthorized use of your account. You are responsible for any activity occurring under your account.
- Feedback. You may from time to time identify problems, solutions to identified problems, provide suggestions, comments or other feedback related to our Services or otherwise relating to NetOne Recruiter (“Feedback”) to NetOne Recruiter. You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and NetOne Recruiter shall be free to use or disclose such Feedback for any purpose. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information and you are not entitled to any compensation or reimbursement of any kind from NetOne Recruiter under any circumstances relating to such Feedback.
- Interactions with Other Clients and Users. You are solely responsible for all interactions with other Users and Clients. You acknowledge and agree that we do not have an obligation to verify any information provided by Users on the Services. NetOne Recruiter offers various forums which allow you to post comments. Pursuant to the license granted by you above, NetOne Recruiter may grant other Users and Clients of the Services access and share rights to your information in accordance with these Terms, your settings, and the nature of your connection with such other Users and Clients. Information you share may be seen and used by other Users of the Services. NetOne Recruiter cannot guarantee that Users of the Services will not use the information that you share on NetOne Recruiter, nor the manner of use. NetOne Recruiter is not responsible for another User’s or other Third-Party’s misappropriation or misuse of your information. You are solely responsible for your interactions with other Users and Clients. Additionally, NetOne Recruiter is not responsible for the truthfulness, accuracy, authenticity, or completeness of any of the information provided by other Users or any other Third-Party. You hereby release NetOne Recruiter from all claims, demands, or damages of every kind, known or unknown, in any way connected with (a) any relationship arising between Users of the Services, (b) any dispute between you and another User, or (c) arising out of any services which originated through the Services or were otherwise provided by a User. Additionally, you agree to immediately report to us any false information provided or misconduct by any User or Client of the Services.
- Social Media Integration. The Services may allow you to enable or log in to the Services via various social networking services like Facebook or Twitter (“Social Network Service(s)”). By directly integrating these Social Network Services, we make your online experiences richer and more personalized. To take advantage of this feature, we will ask you to log into or grant us permission via the relevant Social Network Service. When you add a Social Network Services account to the Service or log into the Service using your Social Network Services account, we will collect relevant information necessary to enable the Service to access that Social Network Service and your data contained within that Social Network Service. As part of such integration, the Social Network Service will provide us with access to certain information that you have provided to the Social Network Service, and we will use, store, and disclose such information in accordance with our privacy statement. However, please remember that the manner in which Social Network Services use, store, and disclose your information is governed by the policies of such third parties, and NetOne Recruiter shall have no liability or responsibility for the privacy practices or other actions of any Social Network Services that may be enabled within the Service.
NetOne Recruiter cannot guarantee the continued availability of any Service features that interoperate with a Social Network Service, and may cease providing them without notice or entitling you to a refund, credit or other compensation, if for example and without limitation, the provider of a Social Network Service ceases to make the Social Network Service available for interoperation with the corresponding Service features in a manner acceptable to NetOne Recruiter.
- Personal Use; Limited License; Ownership
Subject to the terms and conditions herein, NetOne Recruiter grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license and right to access the Services through a generally available mobile device, web browser or NetOne Recruiter authorized Site to view content and information and otherwise use the Services to the extent intended and permitted by the functionality thereof. This license is personal to you, and you may not resell our Services, permit other users’ access to our Services through your account, or use the Services to host content for others. You may not copy or download any content from the Services except with the prior written approval of NetOne Recruiter. You acknowledge that, except as otherwise expressly provided, these Terms are solely between you and NetOne Recruiter.
Furthermore, without the prior written approval of NetOne Recruiter, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer, or otherwise make unauthorized use of the Services. Any commercial use not expressly authorized is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Services. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Services you are using. The Services provided by NetOne Recruiter are licensed, not sold. The Services, and all copies of the Services, are owned by NetOne Recruiter or its third-party licensors and are protected by various intellectual property laws, including, without limitation, copyright and trade secret laws. NetOne Recruiter reserves all rights not expressly granted to you herein. You agree that you have no right to any NetOne Recruiter trademark or service mark and may not use any such mark in any way unless expressly authorized by NetOne.
Making unauthorized copies or distribution of Site content or otherwise violating these Terms may result in the termination of your NetOne Recruiter account, prohibition on use of the Services, and further legal action. NetOne Recruiter reserves the right to limit your use of or access to the Services, in its sole discretion in order to maintain the performance and availability of the Services and to enforce these Terms of Service.
NetOne Recruiter is not liable for the loss, corruption, alteration or removal of any content transmitted using our Services. By using our Services, you expressly waive the right to seek damages and agree to hold NetOne Recruiter harmless for any such loss, alteration, corruption or removal. You acknowledge and agree that you are solely responsible for retaining all records and reconciling all transaction information relating to your use of the Services.
- Additional Terms Applicable to Clients
Clients are solely responsible for their postings on NetOne Recruiter Sites. NetOne Recruiter is not to be considered to be an employer with respect to Your use of any NetOne Recruiter Site and NetOne Recruiter shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any NetOne Recruiter Site.
You understand and acknowledge that if You deactivate Your client account, NetOne Recruiter maintains your personal information in the event that You were to choose to reactivate your account at a later date.
You understand and acknowledge that if You delete Your client account or Your client account is terminated, all Your account information from NetOne Recruiter, including saved resumes, network contacts, and any other data, will be marked as deleted in and may be deleted from NetOne Recruiter’s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through NetOne Recruiter’s web servers. You understand and acknowledge that NetOne Recruiter may retain some limited personal information about you for as long as necessary to fulfill the purpose for which it is being processed, to carry out legitimate business interests, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation).
Contractors who are engaged by NetOne Recruiter are solely responsible for their activity on the NetOne Recruiter Sites. If Your contractor account is deleted or if Your contractor account is terminated, all Your account information from NetOne Recruiter, including saved resumes, network contacts, and any other data, will be marked as deleted in and may be deleted from NetOne Recruiter’s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through NetOne Recruiter’s web servers. As a contractor, you understand that information listed in Your contractor profile may be retained by NetOne Recruiter for as long as necessary to fulfill the purpose for which it is being processed, to carry out legitimate business interests, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation).
You may not use the Job Postings or Profiles if, in NetOne Recruiter’s sole discretion, such use adversely affects NetOne Recruiter’s business, business prospects, the performance or function of any Site or the job posting or Profiles, or interferes with the ability of other subscribers to access the database.
In order to ensure a safe and effective experience for all of our clients, NetOne Recruiter reserves the right to limit the amount of data (including resume views) that may be accessed by You or the number of contacts, emails or messages You may make or send within any NetOne Recruiter system in any given time period. These limits may be amended in NetOne Recruiter’s sole discretion from time to time.
Client acknowledges and agrees that these Terms and all elements in connection with the Services including but not limited to any and all of the Job Postings and Profiles and each of the components and elements thereof (hereinafter referred to collectively as the “Materials”), whether or not actually created by NetOne Recruiter, are all the proprietary and confidential property of NetOne Recruiter. Furthermore, the parties recognize that during the course of their relationship, Client may have occasion to receive additional Materials or information that is considered to be confidential or proprietary to NetOne Recruiter, including information relating to Users, pricing, work and pay histories, contractor lists and/or any other material referring to same (collectively, “Confidential Information”). Confidential Information shall include, without limitation, any information or material that NetOne Recruiter designates as such or which under the circumstances of disclosure to Client reasonably ought to be treated as such.
For the duration of these Terms and thereafter, Client agrees to maintain in strictest confidence, and will not use, disclose, reveal or make available to any Third-Party or utilize for its own benefit (other than as authorized pursuant to these Terms and any other agreement between Client and NetOne Recruiter) any of the Materials or any Confidential Information, without the prior express written consent of NetOne Recruiter unless Client is obligated by court order or other valid legal means to divulge the Confidential Information. Client further agrees to take all reasonable precautions to preserve the confidentiality of NetOne Recruiter Materials and Confidential Information provided in connection therewith and shall assume sole responsibility that its directors, officers, employees and agents, the persons and entities to which Client makes the Materials available and Client’s permitted employees and assigns will similarly preserve the confidential nature of the information against unauthorized uses and/or unauthorized third parties. Client shall include a confidentiality provision in all of its employment agreements and agreements relating to the use of the Materials. The provisions of this section shall survive expiration or termination of these Terms.
Client agrees not to circumvent NetOne Recruiter and that it shall not enter into any discussions, negotiations, communications, agreements, contracts, or any other agreements regarding any type of project utilizing the ideas, plans and concepts or any elements similar to that which are encompassed in the Materials and Confidential Information provided by NetOne Recruiter. Specifically, Client agrees that: (a) NetOne Recruiter has a substantial and material interest in the Materials and Confidential Information; (b) NetOne Recruiter may be entitled to equitable and legal remedies in the event Client consummates a transaction or enters into a business arrangement, utilizing, arising out of or related to any of the Materials or Confidential Information; and (c) NetOne Recruiter may suffer irreparable harm and significant damages if Client communicates, negotiates or enters into any business arrangement for any project with elements similar to that which are encompassed in the Materials and Confidential Information.
- Job Posting and Profiles
A job posting may not contain:
- any hyperlinks, other than those specifically authorized by NetOne Recruiter;
(b) misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in NetOne Recruiter’s reasonable discretion;
(c) the names, logos, or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by NetOne Recruiter;
(d) the names of colleges, cities, states, towns, or countries that are unrelated to the posting;
(e) more than one job or job description;
(f) more than one location, or more than one job category, unless the product so allows;
(g) inaccurate, false, or misleading information; and
(h) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You may not use Your NetOne Recruiter job posting or Profiles to:
(a) post jobs in a manner that does not comply with applicable local, national, and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(b) post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state, or local government contract;
(c) post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
(d) with respect to Profiles, determine a consumer’s eligibility for: (i) credit or insurance for person, family, or household purposes; (ii) employment; or (iii) a government license of benefit.
(e) promote or advertise career fairs, job fairs, hiring events, conferences, seminars or open houses or any other event or meeting;
(f) post jobs or other advertisements for competitors of NetOne Recruiter or post jobs or other content that contains links to any site competitive with NetOne;
(g) sell, promote, or advertise products or services;
(h) post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
(i) post any business opportunity that requires an up-front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
(j) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
(k) promote any opportunity that does not represent a bona fide job opportunity;
(l) post jobs on any NetOne Recruiter Site for modeling, acting, talent or entertainment agencies, or talent scouting positions;
(m) advertise sexual services or seek employees for jobs of a sexual nature;
(n) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
(o) endorse a political party, political agenda, political position or issue;
(p) promote a religion;
(q) post jobs located in countries subject to economic sanctions of the United States Government; and
(r) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin, (ii) political beliefs, (iii) philosophical or religious beliefs, (iv) membership of a trade union, (v) physical or mental health (including pregnancy status), (vi) sexual life, (vii) the commission of criminal offences or proceedings, or (vii) age.
NetOne Recruiter reserves the right to remove any job posting or content from any NetOne Recruiter Site, which in the reasonable exercise of NetOne Recruiter’s discretion, does not comply with the above Terms, or if any content is posted that NetOne Recruiter believes is not in the best interest of NetOne.
If at any time during Your use of the NetOne Recruiter Services, You made a misrepresentation of fact to NetOne Recruiter or otherwise misled NetOne Recruiter in regards to the nature of Your business activities, NetOne Recruiter will have grounds to terminate Your use of the NetOne Recruiter Services.
- Acceptable Use Policy
You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use our Services to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
- The transmission or posting of chain letters or pyramid schemes, or other acts that involve deceptive online marketing practices or fraud;
- Acts that may materially and adversely affect the quality of other users’ experience;
- Actual or attempted unauthorized use or sabotage of any computers, machines or networks;
- Introducing malicious programs into NetOne Recruiter’s Services, network or servers (e.g. viruses, worms, Trojan horses, etc.);
- Engaging in any monitoring or interception of data not intended for you without authorization;
- Attempting to circumvent authentication or security of any host, network, or account without authorization;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
- Adapt, modify or create derivative works based on the Services, technology underlying the Services, or other users’ content, in whole or part;
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Services (excluding content posted by you) except as permitted in these Terms, or as expressly authorized by NetOne Recruiter in writing;
- Using any method, software, or program designed to collect identity information, authentication credentials, or other information;
- Transmitting or receiving, uploading, using or reusing material that is abusive, indecent, defamatory, harassing, obscene or menacing, or a breach of confidence, privacy or similar Third-Party rights;
- Transmitting or receiving, uploading, using or reusing material that violates any intellectual property rights of a Third-Party, including, without limitation, patents, trademarks, trade secrets, or copyrights;
- Transmitting, receiving, uploading, using or reusing material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Falsifying user identification information;
- Collecting payment via the Services other than a booking fee for a legal and bona fide professional, business or commercial service;
- Promoting racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- Displaying or promoting pornographic or sexually explicit material of any kind;
- Marketing, promoting, or operating a ponzi scheme, pyramid scheme, or any multi-level marketing scheme or product;
- Using the Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; or,
- Impersonating any person or entity, including, but not limited to, a NetOne Recruiter representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
NetOne Recruiter enforces a zero-tolerance SPAM policy regarding information transmitted through our network. NetOne Recruiter may determine in its sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following:
- Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via the Services, or e-mail that advertises any IP address belonging to NetOne Recruiter or any URL (domain) that is hosted by NetOne.
- The use of web pages set up on ISPs that allow SPAM-ing that directly or indirectly reference customers to domains or IP addresses hosted by NetOne.
- Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
You agree not to use the Services for the purpose of recruiting for another Site or service that offers competing functionality to the Services.
- Copyright Protected Materials
NetOne Recruiter respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate, in appropriate circumstances, the accounts of subscribers who infringe the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the Services that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder. NetOne Recruiter has the right, but not the obligation, to remove from the Services any files, material, information, software or other material NetOne Recruiter believes is or may be, in its sole discretion, infringing or otherwise in violation of the rights of others.
If you believe in good faith that your copyright has been infringed, please provide a written communication regarding such belief to legal@NetOneRecruiter.com.
- Right to Restrict or Terminate Access
NetOne Recruiter may deny or restrict your access to all or part of the Services without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that NetOne Recruiter in its reasonable discretion believes violates the letter or spirit of any of these Terms. If NetOne Recruiter denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any refund or credit.
In the event that these Terms or the Services are terminated for any reason or no reason, you acknowledge and agree that you will continue to be bound by these Terms. Following termination, you shall immediately cease use of the Services and any license granted to you under any agreement related to your use of the Services shall immediately terminate. Upon termination, NetOne Recruiter reserves the right to delete all of your content, data, and other information stored on NetOne Recruiter’s servers. NetOne Recruiter will not be liable to you or any Third-Party as a result of the termination of these Terms or the Services or for any actions taken by NetOne Recruiter pursuant to these Terms as a result of such termination. Without limiting the generality of the foregoing, NetOne Recruiter will not be liable to you or any Third-Party for damages, compensation, or reimbursement relating to your use of the Services, or the termination thereof.
You may terminate these Terms by terminating your use of the Services and any related account. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services. Termination of these Terms or the Services does not relieve you from your obligation to pay NetOne Recruiter any amounts owed to NetOne.
Access to our Services and to certain online transactions may involve the use of identification numbers, passwords, payment accounts or other individualized nonpublic information (“Private Documentation”). You acknowledge and agree that you are solely responsible for protecting your Private Documentation and other personal information and for the consequences of not protecting such information and data. You shall use your best efforts to prevent unauthorized use of our Services, your account, or of any Private Documentation, and shall promptly report to NetOne Recruiter any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your account, identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords. NetOne Recruiter shall not be liable for any unauthorized use of payment accounts.
Actual service coverage, speeds, locations and quality may vary. NetOne Recruiter will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our control including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. The accuracy and timeliness of data received is not guaranteed.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL SITE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. NETONE RECRUITER DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. NETONE RECRUITER DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, NETONE RECRUITER’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE AS A “CRITICAL CONTROL APPLICATION” IN MEDICAL EMERGENCIES OR HAZARDOUS “LIFE AND DEATH” ENVIRONMENTS REQUIRING MEDICAL EXPERTISE AND/OR FAIL-SAFE PERFORMANCE, SUCH AS DIRECT LIFE SUPPORT MACHINES, ACUTE CARE SETTINGS, OR IN OPERATING ENVIRONMENTS THAT ARE RELATED TO THE DIRECT DELIVERY OF CARE, IN WHICH THE FAILURE OR IMPROPER USE OF THE SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NETONE RECRUITER CANNOT BE HELD LIABLE FOR ANY HEALTH CARE OR RELATED DECISIONS MADE BY YOU OR A HEALTH CARE FACILITY OR PROVIDER.
- Limitation of Liability
UNDER NO CIRCUMSTANCES WILL NETONE, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD-PARTY PARTNERS (“NETONE RECRUITER PARTNERS”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE NETONE RECRUITER PARTNERS’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY NETONE RECRUITER TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN SECTIONS 9 AND 10 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.
You agree to defend, indemnify and hold NetOne Recruiter harmless from any claim or demand, including reasonable attorneys’ fees, made by any Third-Party arising out of or relating to (a) any violation of these Terms by you; (b) your account information or any other content or material you submit or otherwise transmit through our Services; (c) your violation of any rights of another; or (iv) your use of the Services. NetOne Recruiter reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.
- Dispute Resolution
Excluding claims for injunctive or other equitable relief, for any claim where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution that NetOne Recruiter mutually agreed upon by the parties. The arbitration shall be conducted by telephone, online or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial.
- Electronic Notices and Disclosures
You acknowledge and agree that NetOne Recruiter may provide notices and other disclosures to you electronically by posting such notices or other disclosures on the Site or through the Services, by texting your phone number, or by emailing it to you at any email address provided to NetOne Recruiter by you. Such notices or other disclosures shall be considered received by you following the posting on the Site or Services or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.
- Changes to the Terms
We may add to, change, or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of these Terms. Such modification shall be effective immediately upon posting at the Site or on the Services. As your next visit to the Site or use of the Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the Site or use the Services. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide registered users with additional notice of any changes, such as at your e-mail address of record or when you log-in to your account.
Your use or continued use of the Services following the posting or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies.
- Third-Party Content and Services
18.1. Linked Third-Party Sites. The Services may make available third-party resources such as but not limited to property Sites, landing pages, and other third-party sites over which NetOne Recruiter has no control. NetOne Recruiter is not responsible for the accuracy, completeness, functionality, usability, availability or merchantability of any content provided by third-party resources. The use of such third-party resources is strictly at Client’s own risk. NetOne Recruiter is not responsible for the availability of external sites or resources, does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. NetOne Recruiter will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products or other materials available on or through any such site or resource.
18.2 Integrated Third-Party Services. The Services may contain features designed to interoperate with products, applications, or services not provided by NetOne Recruiter (each, a “Third-Party Service”). To use such features, you may need to directly obtain access to such Third-Party Service from its provider, and in some cases may be required to grant NetOne Recruiter access to your account(s) on such Third-Party Service.
18.3 Permissions; Disclaimer. If NetOne Recruiter chooses to use a Third-Party Service with the Services, User grants NetOne Recruiter permission to allow the Third-Party Service and any of its provider(s) to access any data (including, without limitation, data that may constitute non-public personal information) provided to NetOne Recruiter in connection with the Services as required for the interoperation of that Third-Party Service with the Services. NetOne Recruiter is not responsible for any disclosure, modification or deletion of such data resulting from access by any Third-Party Service or its providers. NetOne Recruiter does not warrant or support Third-Party Service or other third-party products or services, whether or not they are designated by NetOne Recruiter as operable with the Services or otherwise. Further, NetOne Recruiter cannot guarantee the continued availability of any Services features that interoperate with Third-Party Service, and may cease providing them without entitling User to any refund, credit, or other compensation, if for example and without limitation, the provider of a Third-Party Service ceases to make the Third-Party Service available for interoperation with the corresponding Services features in a manner acceptable to NetOne.
- Entire Agreement. These Terms, along with any rules, guidelines, or policies published on the NetOne Recruiter homepage constitute the entire agreement between NetOne Recruiter and you with respect to your use of our Services. If there is any conflict between the Terms and any other rules or instructions posted on the Services, the Terms shall control. No amendment to these Terms by you shall be effective unless acknowledged in writing by NetOne. Notwithstanding the foregoing, NetOne Recruiter reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above.
- Governing Law. These Terms shall be governed by, and construed in accordance with, the laws of the state of Georgia, without reference to its choice of law rules. Exclusive venue for any action arising out of or in connection with this agreement shall be in Atlanta, Georgia. The parties each hereby consent to the jurisdiction and venue in Atlanta, Georgia and waive any objections to such jurisdiction and venue.
- Equitable Relief. Notwithstanding the foregoing, you agree that NetOne Recruiter shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect.
- Assignment. You may not assign your rights or obligations under these Terms without the prior written consent of NetOne. NetOne Recruiter’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services.
- Headings. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that NetOne Recruiter may have pursuant to any intellectual property laws or any other laws.
- Remedies. All rights and remedies available to NetOne, pursuant to this Agreement or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to NetOne. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, or any other materials issued in connection therewith, or exploitation of the Services or any data or other material used or displayed through the Services. Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and NetOne, to claim a beneficial interest in these Terms or any rights occurring by virtue of these Terms. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by these Terms.
If you have any questions, complaints, or claims, you may contact NetOne Recruiter LLC at 300 Colonial Center Pkwy Suite 100, Roswell, Georgia, U.S.A. 30076, legal@NetOneRecruiter.com.