EHired Terms of Services
EHired
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ENROLLING AND USING THIS WEBSITE AND THE SERVICES OF E-Hired, YOU, AS A JOBSEEKER, AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. E-HIRED RESERVES THE RIGHT TO REVISE THIS AGREEMENT AT ANY TIME BY UPDATING THIS WEBSITE. IF YOU ACCESS THIS WEBSITE AT ANY TIME AFTER CHANGES ARE MADE TO THIS AGREEMENT, YOU AGREE TO BE BOUND TO THOSE CHANGES.
By engaging EHired ("EHired"), you (the " Jobseeker") agree to the following terms and conditions:
1. Services:
E-Hired is an internet-based Jobseeker profile and video resume hosting search instrument. The services E-Hired provides assist jobseekers in attempting to find appropriate matches for employment. E-Hired will host a user generated profile and video resume in which the Jobseeker will input their job Category, education, searchable key words and location. The jobseekers profile and Video Resume will be hosted on E-Hired’s publically searchable database where all interested parties will have access to search for jobseekers based on the same criteria as job seekers generate as well as reviewing user generated Video resume.
2. Jobseekers Responsibilities:
Jobseekers use of E-Hired is for the sole purpose of posting their Profile and Video resume for consideration by all interested parties. Jobseekers are responsible for the accuracy of all information contained in their profile and Video resume and agree that they will not impersonate or mock any person or submit information that is false, inaccurate, misleading, unlawful, or otherwise in violation of jobseekers obligations under this Agreement or applicable law. Jobseekers profile and Video resume must not be biased based on; race, religion, gender, or sexual orientation. Additionally, ANYTHING solely deemed by E-Hired to be sexually explicit, embarrassing, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful will be removed at Jobseekers expense without refund for any monies paid to E-Hired.
6. Authorization:
Jobseeker grants to E-Hired, E-Hired designees, and their respective affiliates the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, copy, reproduce, modify, adapt, publish, translate, communicate, display, create derivative works, and distribute the Jobseekers information profile and Video resume (in whole or in part) worldwide or to incorporate it in other works in any form, media or technology now known or later developed, without restriction or compensation. jobseeker shall be solely responsible for the content of their profile and Video resume and the consequences of posting or publishing it. Jobseeker hereby affirms, represents, and/or warrants that: Jobseeker owns or has permission to use, and hereby authorizes E-Hired to use, all patent, trademark, trade secret, copyright, other proprietary rights, and content utilized in making or incorporated into their profile and video resume; none of the content of the profile and Video resume will infringe upon any rights of any third party.
7. Website Access
As a registered user of E-Hired, Candidate may receive or establish an account permitting access to E-Hireds website and database (the “Website”). Candidate is solely responsible for maintaining the confidentiality and security of his/her account and for all activities that occur on or through the account. Candidate’s continued access to the Website shall be in accordance with and subject to the following:
(a)
Candidate will not provide his/her account access (including any account password or other security information) to the Website to any third party. Candidate is responsible for any damages that occur due to the use of Candidate’s account or Candidate’s loss of control over the account. If Candidate’s account security is compromised in any manner, Candidate agrees to notify E-hired immediately.
(b)
Candidate may not use the Website for any purposes other than as a candidate seeking employment and job opportunities, including but not limited to using the information in the Website to sell or promote any products or services.
(c)
Candidate shall not use the Website for anything illegal, misleading, inaccurate, untimely, demeaning, harassing, vulgar, tasteless, or unrelated to employment. Candidate shall not probe, attack, hack, decipher, copy the Website, or use any means to disrupt or harm the operations of the Website.
(d)
All Website services and content are owned or authorized by E-Hired. The text, web pages, graphics, images, logos, layouts, data, and other site content (the “Site Content”) are the sole property of E-Hired Candidate shall not copy or adapt the Site Content nor may Candidate modify, reprint, republish, reproduce, distribute, or sell the Site Content without the express written consent of E-Hired.
8. No Guarantee:
Neither E-Hired nor any third party staffing firm guarantees Candidate that any employer will consider his/her Video Profile for any job opportunity or hire Candidate for any position.
9. Disclaimer:
E-Hired acts as a passive conduit for the online distribution and publication of profiles and video Resumes. E=Hired is not involved in the actual transaction between employers and candidates and has no control over the equality, safety, or legality of jobs that may be offered, or the ability of employers to offer job opportunities to Candidate. E-Hired makes no representations about and Candidate agrees that E-Hired is not responsible or liable for the actions or omissions of any employer, including but not limited to those that occur during the interviewing and hiring process, or any employment position that Candidate may interview for, accept or reject.
10. Indemnification:
Candidate agrees to indemnify, defend, and hold harmless E-Hired, its affiliates, and any third party staffing firm through which Candidate engaged E-Hired, and all of their respective officers, agents, directors, trustees, and employees from an acts, claims, liabilities, lawsuits, and other actions relating to or arising out of any act or omission of the Candidate, the Profile, the Video resume any breach of any representation, warranty, or covenant contained in this Agreement, or any temporary or permanent contract or employment arising out of the transaction contemplated by this Agreement.
11. Governing Law and Forum:
This Agreement is governed and is to be construed in accordance with the laws of the State of New Jersey without giving effect to its principles of conflicts of laws. Any dispute, controversy or claim arising out of, in connection with, or in relation to this Agreement or the breach of any of the provisions hereof or concerning any or all relations between the parties hereto shall be settled by arbitration in Gloucester County, New Jersey pursuant to the Commercial Rules of the American Arbitration Association. Any award shall be final, binding, and conclusive upon the parties and a judgment rendered thereon may be entered in any court having competent jurisdiction thereof. Notwithstanding the above, multiple and/or punitive damages may not be awarded in any arbitration held pursuant to this provision and Candidate waives any right to arbitrate any claims on a class basis.
12. NO WARRANTY:
E-Hired MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATING TO CANDIDATE’S USE OF E-Hireds SERVICES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND; AND, IN ADDITION, ESPECIALLY MAKES NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OF SERVICES OR PRODUCTS, OR EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL E-Hired BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, GENERAL OR SPECIAL, OR PUNITIVE, RESULTING DIRECTLY OR INDIRECTLY FROM CANDIDATE’S USE OF E-HIRED SERVICES. E-Hireds LIABILITY, IN THE EVENT OF ANY LOSS OR DAMAGE, SHALL BE LIMITED TO FEES, IF ANY, PAID TO E-Hired BY CANDIDATE.
13. Termination:
E-HIRED reserves the right to modify, suspend, or discontinue the services of E-HIRED (or any part or content thereof) at any time with or without notice to Candidate, and E-HIRED will not be liable to Candidate or to any third party should it exercise such rights.
14. Amendment:
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof superseding any prior agreements between the parties hereto. E-Hired reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify the terms and conditions of this Agreement or provide additional usage requirements in its sole discretion at any time by posting a revised version hereof or by otherwise making such revised terms available for review by Candidate. Any such modifications will supersede all prior versions after the revised version has been posted or otherwise made available as described above. Candidate’s continued use of the services of E-Hired after posting or availability constitutes Candidate’s agreement to the revision.