Welcome to the website and online service of HireFlo
Corporation ("HireFlo", "we", or "us"). Please
read the following Terms of Service ("Terms" or "Agreement")
carefully, it is a binding legal agreement.
This Agreement explains the terms by which you may use the HireFlo
website, and online or mobile services (collectively the “Service”).
This Agreement applies to all companies, employers, individuals,
and other entities who access the Service ("Users", “User”, or “you”).
By accessing or using the Service, you signify that you have read, understood,
and agree to be bound by this Agreement. If you do not agree to any of these terms
or any future Terms, do not use or access (or continue to access) the Service.
You should read these policies carefully and refer to
this document often. We reserve the right to amend the Terms at any time by notifying
Users as defined in the Terms, provided no notice shall be required for
non-substantive changes to the Terms. If HireFlo substantively amends the Terms,
we will give Users seven (7) days notice before the changes take effect, during
which period of time Users may reject the changes by terminating their account.
User’s continued use of the Service after any such change will constitute User’s
acceptance of the new Terms.
General Terms
You may use the Service only if you are at least eighteen
(18) years of age and can form a binding contract with HireFlo, and only in
compliance with this Agreement and all applicable local, state, national, and
international laws, rules and regulations. Any use or access to the Service by
anyone under 18 is strictly prohibited and in violation of this Agreement. The
Service is not available to any Users previously removed from the Service by
HireFlo. If you use the Service on behalf of a company, organization, or other
entity, then (a) "you" includes you and that entity, and (b) you
represent and warrant that you are an authorized representative of the entity
with the authority to bind the entity to this Agreement, and that you agree to
this Agreement on the entity's behalf.
By providing HireFlo your email address you consent to
our using the email address to send you Service-related notices, including any
notices required by law, in lieu of communication by postal mail. We may also
use your email address to send you other messages, such as changes to features
of the Service and special offers. If you do not want to receive such email
messages, you may opt out by following the opt-out instructions in the message.
Opting out may prevent you from receiving email messages regarding updates,
improvements, or offers. By connecting
the Service with a third-party service, you give us permission to access and
use your information from that service as permitted by that service, and to
store your log-in credentials for that service.
You are solely responsible for the activity that occurs
on your account, and you must keep your account password secure. We encourage
you to use "strong" passwords (passwords that use a combination of
upper and lower case letters, numbers and symbols) with your account. You must
notify HireFlo immediately of any breach of security or unauthorized use of
your account. HireFlo will not be liable for any losses caused by any
unauthorized use of your account.
We make reasonable efforts to distribute your job posting
to the third-party services indicated on the Service, as we may update them
from time to time (Distributors"). By posting your job, you give us
permission to distribute your post to current and future Distributors. You
acknowledge and agree that HireFlo cannot be responsible and disclaims all
liability for Distributors, including without limitation their availability,
operations, features and functionality.
You agree that you will not use the Service to post or
promote any position that requires applicants to pay to apply, pay for
training, pay for training materials, or pay for samples. You agree not to use
the Service to post or promote any position that is compensated on a commission
basis only, unless clearly stated in your posting.
We may, without prior notice, change the Service; stop
providing the Service or features of the Service, to you or to Users generally;
or create usage limits for the Service. We may permanently or temporarily
terminate or suspend your access to the Service without notice and liability
for any reason, including if in our sole determination you violate any
provision of this Agreement, or for no reason. Upon termination for any reason
or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with
users who apply to your job postings (Candidates). HireFlo shall have no
liability for your interactions with Candidates, or for any User's action or
inaction.
You may not resell the Service to any third party as a
private label or with the inclusion of a mark-up fee.
HireFlo will use reasonable efforts to ensure that the
Service is available twenty-four hours a day, seven days a week. However, there
will be occasions when the Service will be interrupted for maintenance,
upgrades and emergency repairs or due to failure of telecommunications links
and equipment, or other reasons. Every reasonable step will be taken by HireFlo
to minimize such disruption where it is within HireFlo’s reasonable control. You
agree that HireFlo will not be liable in any event to you or any other party
for any suspension, modification, discontinuance or lack of availability of the
Service or other User Content (as defined hereafter).
Payments and Refunds
The Service is billed in advance on a monthly basis. A valid credit card is required for paying
accounts. HireFlo offers new users a
sixty-day money back guarantee during the first sixty days of service. If a User terminates their account within the
first sixty days from the date they originally registered for the Service, the
User will receive a refund (Guarantee Refund) for the amount the User paid for
the first two months of Service. The Guarantee
Refund does not include payments made for job postings or other third-party
services that may have been purchased through the Service.
After the first 60 days, the Service is billed in advance
on a monthly basis and is non-refundable. There will be no refunds or credits
for partial months of service, upgrade/downgrade refunds, or refunds for months
unused with an account.
All fees are exclusive of all taxes, levies, or duties
imposed by taxing authorities, and you shall be responsible for payment of all such
taxes, levies, or duties.
HireFlo may add new services for additional fees and
charges, or amend fees and charges for existing services, at any time in its
sole discretion. Any change to fees shall become effective in the billing cycle
following notice of such change to you as provided in this Agreement.
User Content
The Service may allow you to post and receive content such as job and
company information, applicant information, resumes, logos, trademarks,
comments, questions, images, video and other content or information (any such
materials a User submits, posts, displays, or otherwise makes available on the
Service "User Content"). You retain ownership of your User Content. You
are responsible for all User Content and activity that occurs through or under
your account (even when User Content is posted by others). Any fraudulent,
abusive or authorized activity may be grounds for termination of User’s right
to Service and may be grounds for potential liability against the User.
HireFlo takes no responsibility and assumes no liability
for any User Content that you or any other User or third party posts or sends
over the Service. You shall be solely responsible for your User Content and the
consequences of posting or publishing it, and you agree that HireFlo is only
acting as a passive conduit for your online distribution and publication of
your User Content. You understand and agree that you may be exposed to User
Content that is inaccurate, objectionable, or otherwise unsuited to your
purpose, and you agree that HireFlo shall not be liable for any damages you
allege to incur as a result of User Content.
You agree not to post User Content that: (i) may create a
risk of harm, loss, physical or mental injury, emotional distress, death,
disability, disfigurement, or physical or mental illness to you, to any other
person, or to any animal; (ii) may create a risk of any other loss or damage to
any person or property; (iii) seeks to harm or exploit children by exposing
them to inappropriate content, asking for personally identifiable details or
otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains
any information or content that we deem to be unlawful, harmful, abusive,
racially or ethnically offensive, defamatory, infringing, invasive of personal
privacy or publicity rights, harassing, humiliating to other people (publicly
or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi)
contains any information or content that is illegal (including, without
limitation, the disclosure of insider information under securities law or of
another party's trade secrets); (vii) contains any information or content that
you do not have a right to make available under any law or under contractual or
fiduciary relationships; or (viii) contains any information or content that you
know is not correct and current. You agree that any User Content that you post
does not and will not violate third-party rights of any kind, including rights
of privacy. HireFlo reserves the right, but is not obligated, to reject and/or remove
any User Content that HireFlo believes, in its sole discretion, violates these
provisions
You represent and warrant that you have all the rights,
power and authority necessary to grant the rights granted herein to any User
Content that you submit, that HireFlo’s use of your User Content in accordance
with this Agreement will not violate any law or infringe the rights of any
third party, and that to the best of your knowledge, all your User Content and
other information that you provide to us is truthful and accurate.
By posting any User Content on the Service, you expressly
grant, and you represent and warrant that you have a right to grant, to HireFlo
a royalty-free, sublicensable, transferable, perpetual, irrevocable,
non-exclusive, worldwide license to use, reproduce, modify, publish, list
information regarding, edit, translate, distribute, syndicate, publicly
perform, publicly display, and make derivative works of all such User Content
and your name, voice, and/or likeness as contained in your User Content, in
whole or in part, and in any form, media or technology, whether now known or
hereafter developed, for use in connection with the Service and HireFlo's
business, including without limitation for promoting and redistributing part or
all of the Service (and derivative works thereof) in any media formats and
through any media channels.
Limitation of Liability
You expressly understand and agree that HireFlo and its
directors, officers, employees, agents and members shall not be liable for any
direct, indirect, incidental, special, consequential, punitive or exemplary
damages, including but not limited to, damages for loss of profits, goodwill,
use, data or other intangible losses (even if HireFlo has been advised of the
possibility of such damages), whether sounding in contract, tort, strict
liability, warranty or other legal or equitable theory, resulting from: (i) the
use or the inability to use the Service; (ii) 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 Service; (iii) unauthorized access to or alteration of
your transmissions or data; (iv) statements or conduct of any third party on
the Service; (v) for any amounts that exceed the fees paid by you to HireFlo
under this Agreement during the six (6) month period prior to the occurrence
giving rise to your claim or cause of action against HireFlo; (vi) or any other
matter arising out of or relating to the Service or your use thereof (including
but not limited to security breaches relating to data stored in connection with
the Service). Some states do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitations and exclusions
may not apply to User. The limitations specified in this Section will survive
termination or expiration of this Agreement and apply even if any limited
remedy specified in this Agreement is found to have failed of its essential
purpose.
Indemnification
You agree to indemnify and hold harmless HireFlo, its
contractors, and licensors, and their respective directors, officers,
employees, members, shareholders and agents from and against any and all
claims, liabilities, losses, actions, causes of action, demands, costs and
expenses, including but not limited to attorneys’ fees, arising out of your use
of the Service (or any third party using User’s account), your violation of
this Agreement, or infringement of any intellectual property or other right of
any person or entity in connection with the Service or your use thereof. The
terms specified in this Section will survive termination or expiration of this
Agreement.
No Warranty
HIREFLO DOES NOT GUARANTEE ANY RESULTS FROM USING THE
SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS"
HIREFLO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR
THIRD PARTY THROUGH THE HIREFLO SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE,
AND HIREFLO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION
BETWEEN YOU AND USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
The Service is controlled and operated from its
facilities in the United States. HireFlo makes no representations that the
Service is appropriate or available for use in other locations. Those who
access or use the Service from other jurisdictions do so at their own volition
and are entirely responsible for compliance with all applicable United States
and local laws and regulations, including but not limited to export and import
regulations. You may not use the Service if you are a resident of a country
embargoed by the United States, or are a foreign person or entity blocked or
denied by the United States government. Unless otherwise explicitly stated, all
materials found on the Service are solely directed to individuals, companies,
or other entities located in the United States.
Governing Law
You agree that: (i) the Service shall be deemed solely
based in Colorado; and (ii) the Service shall be deemed a passive
one that does not give rise to personal jurisdiction over HireFlo, either
specific or general, in jurisdictions other than Colorado. Any disputes arising out of the use of the
Service shall be governed by the laws of Colorado, without regard to any
conflict of laws principles, and any proceedings shall solely be brought in the
state and federal courts located in Denver, Colorado. You consent to the
exclusive jurisdiction of and venue in such courts. You also acknowledge and
agree that the venue provided for herein is the most convenient forum for both
you and HireFlo and waive any objection to jurisdiction and/or venue and any
objection based on a more convenient forum in any action between you and
HireFlo (and/or its officers, directors, employees, members and agents) and/or
otherwise in connection with the Service.
Miscellaneous
This Agreement, together with any amendments and any
additional agreements you may enter into with HireFlo in connection with the
Service, shall constitute the entire agreement between you and HireFlo
concerning the Service. If any provision of this Agreement is deemed invalid by
a court of competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of this Agreement, which shall
remain in full force and effect.
This Agreement will be binding upon, and inure to, the
benefit of each party and such party’s heirs, representatives, successors and
assigns; provided, however, that this Agreement is not assignable, transferable
or sublicensable by or through User except with HireFlo’s prior written
consent. HireFlo may assign this Agreement in whole or in part at any time
without User’s consent. No agency, partnership, joint venture, or employment is
created as a result of this Agreement and User does not have any authority of
any kind to bind HireFlo in any respect whatsoever.
For any questions regarding these Terms please contact
SquareHire at: support@squarehire.com.