Job Seeker – Terms of Use

Below is the updated Job Seeker Terms of Use that will take effect on December 27, 2019. By using our services on or after that date, you’ll be agreeing to these revisions.

If you have any questions or concerns about our handling of your personal information, you may contact our privacy officer at security@ezhire.co

JOB SEEKER TERMS OF USE

EZHire provides online services through which individuals seeking employment can efficiently and effectively interview with employers and staffing companies seeking to hire employees and independent contractors.  EZHire provides these services through its Applications and Website subject to these terms of use (“Terms of Use”) and the agreements incorporated herein.

Your privacy is very important to us. We designed our accompanying Privacy and Security Policy to provide important disclosures about how your information will be used by EZHire in providing you EZHire Services.  These Terms of Use expressly incorporate our Privacy and Security Policy.

Please read these Terms of Use and our Privacy and Security Policy carefully before using any of the diverse EZHire Services.  By visiting the Website, installing any of the Apps, and/or using any of the EZHire Services, you shall have affirmed your agreement to these Terms of Use.

  1. Definitions
  2. Modifications – Will EZHire ever modify these Terms of Use?
  3. EZHire Services – What are the EZHire Services?
  4. Video Content and Services – How and when do you record videos?
  5. Pricing, Payments, and Billing – How and when will I be billed for EZHire Services?
  6. Customer Conduct
  7. Objectionable Content – What if I find content to be objectionable?
  8. Intellectual Property
  9. DMCA Policy
  10. Reserved for Future Use
  11. Resale of Services
  12. Indemnification
  13. Disclaimer of Warranties
  14. Third Party Links and Products
  15. Limitations of Liability
  16. Exclusions and Limitations
  17. General Terms

1. Definitions

  1. “Account” means “EZHire Account.”
  2. “Apps” means any applications developed by EZHire.
  3. “App Services” means any content and services provided by EZHire through its Apps.
  4. “Consumer” means any individual or entity that uses any of the EZHire Services. Where applicable, the term “Consumer” shall encompass all EZHire Customers.
  5. “Content” means all material, whether publicly posted or privately transmitted, available on or through any of the EZHire Services.
  6. “Customer” means, for purposes of this Terms of Use, You, a Job Seeker Customer.
  7. “Customer Content” means any Content uploaded to and/or created through the EZHire Services by a EZHire Customer.
  8. “Employer Customer” means an entity using EZHire Services that is seeking to hire an individual as an employee and/or independent contractor to be employed by it directly.
  9. “GDPR” means the European Union’s General Data Protection Regulation.
  10. “Job Seeker Customer” means an individual using EZHire Services who is seeking to be employed as an employee or independent contractor by an employer.
  11. “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.  The Job Seeker Customer completes this independently and on their own.
  12. “Software” means any necessary software used in connection with the EZHire Services.
  13. “EZHire Account” means an account associated with a EZHire Customer who uses or has used EZHire Services.
  14. “EZHire Content” means any Content excluding Customer Content and Video Content in which EZHire does not participate.
  15. “EZHire Customer” means any person who uses or has used EZHire Services including, but not limited to, Employer Customers, Job Seeker Customers, and Staffing Customers.
  16. “EZHire Services” means the suite of features, products and services offered through EZHire, its Apps, its App Services, the Website, and the Website Services.
  17. “EZHire Trademarks” means any trademarks, tradenames, logos, and other commercial designs of EZHire or licensed to EZHire, whether or not formal registration exists including, but not limited to, “EZHire.”
  18. “Staffing Clients” means third-party employer clients of Staffing Customers.
  19. “Staffing Customer” means a staffing company using EZHire Services that provides staffing services to their own Staffing Clients.
  20. “Strategic Partners” means those trusted partners that EZHire employs, engages, or retains to perform functions and/or provide services on its behalf.
  21. “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.
  22. “Username” means the valid email address provided by each EZHire Customer to be used as their username or login identification.
  23. “Video Content” means any video content created by or associated with any EZHire Customer accessible on and through EZHire Services including, but not limited to, Profile Videos, Video Questions, Video Interviews, and Welcome Videos.
  24. “Video Interview” means an interview completed through EZHire Services using a video or “web” camera that an Employer Customer or Staffing 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.
  25. “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.
  26. “Website” means all of the content, information and services (in any format whatsoever) accessible through the World Wide Web at the domain name EZHire.co.
  27. “Website Services” means the services provided by EZHire through the website at the domain name EZHire.co, and any of our other websites that may be used from time to time

2. Modifications to Terms of Use

2.1.    Because the Internet remains a dynamic communications forum and the law on Internet and online commerce remains just as dynamic, You understand that EZHire may alter, amend, change, waive, terminate or modify any term contained within its Terms of Use at any time.

2.2.    Should EZHire alter, amend, change, waive, terminate or modify any term contained within these Terms of Use, it shall provide notice by:

A.    the new Terms of Use to the Website, particularly 

B.    Sending you electronic mail to the email address you provided when creating your account (where available and applicable) or other means pursuant to these Terms of Use; and/or

C.    As otherwise required by law.

2.3.   If we inform you that the Terms of Use have been modified, you may elect to terminate use of any of the EZHire Services subject to these Terms of Use (particularly, there are no refunds). 

2.4.   If you continue to use any of the EZHire 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.

2.5.   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 EZHire Services will be subject to the modified terms.

2.6.   You agree to review these Terms of Use and the incorporated documents periodically to be updated of any such changes.

2.7.   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.

3. EZHire Services

3.1.   EZHire provides Internet based services through which individuals seeking employment can efficiently and effectively interview with employers and staffing companies seeking to hire fulltime and contract employees.

3.2.   EZHire provides EZHire Services through its Apps and Website, and all other suites of features, products and services offered through EZHire from time to time.

3.3.   EZHire will not sell any customer or consumer content or information to any third party.

3.4.   Video Content and Services.

EZHire provides its EZHire Customers a variety of video options and tools to use in association with the EZHire Services.

If you choose to use your webcam and microphone through EZHire Services for audio and video communications, you authorize EZHire to allow others to see and hear you through the audio and video obtained through these devices.  You also authorize EZHire to record and store such information on its servers in your Account.

EZHire will not use your recorded content for any purpose unrelated to your Account. Of course, any individuals to whom you display such content will be able to hear and see such content.

Apart from those to whom you authorize access. EZHire will not share or provide access to your content to any third party absent a subpoena or court order.  And, should EZHire ever be subpoenaed for content associated with your Account, EZHire shall provide you notice and an opportunity to file a motion objecting to any disclosure.

Given you will be using EZHire Services for employment related purposes, you agree not to use any content or information obtained in violation of any applicable laws.  EZHire cannot advise you or provide you guidance on these laws.

Job Seekers are expressly prohibited from creating their own recordings of Video Interviews.  EZHire employs reasonable measures to prevent any unauthorized recording of Video Interviews.

EZHire may add additional types of video content from time to time.

3.5.    No Guarantees of Employment

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

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

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

3.6 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.

Where a Job Seeker requests that any video interviews and/or related information be deleted pursuant to these Terms, our Privacy and Security Policy, and/or pursuant to governing law (e.g. the GDPR), EZHire, as the processor of data for employers and/or staffing companies (the data controllers), will send the employers and/or staffing companies the request to approve or deny. We do this for a number of reasons. To begin with, the employer and/or staffing company controls the data EZHire processes on its behalf. Although you may provide information through our EZHire Services, you do so at the invitation of an employer and/or staffing company. Moreover, the employer and/or staffing company may be subject to laws that require retention of certain information. Finally, for purposes here, the primary relationship governing the content and data exists between you and the respective employer and/or staffing company. If the employer and/or staffing company approves the request, we shall comply with the request. If the data controller denies the request, we shall inform the Job Seeker and provide information on how to proceed further with the employer and/or staffing company.

Where an employer or staffing customer deletes its account, your content and/or data accessible to and/or stored with the account for such employer or staffing customer may be deleted. The employer and/or staffing customer retains the right to delete such content and data without notice to you.

3.7.    Changes to Service.  EZHire reserves the right at any time to modify or discontinue, whether temporarily or permanently, any aspect of the EZHire Services, in whole or in part. Any modifications to any of the EZHire Services, including the releases of new features, tools or resources, shall be subject to these Terms of Use and incorporated policies.  Sometimes, updates to EZHire’s Software and/or code may require your computer to install additional third party software.  EZHire will provide you with notice of any major changes or modifications in the same manner as described in Section 2.  Absence of any notice beyond changes in the EZHire Services shall not affect the enforceability of these Terms of Use.

4. Pricing, Payments, and Billing

At present, EZHire provides EZHire Services to Job Seeker Customers on a complimentary basis at no charge (EZHire does bill its Employer Customers and Staffing Customers).  EZHire foresees continuing this policy for the foreseeable future.  However, EZHire reserves the right to change its policy and pricing for any of the EZHire Services at any time.  Should EZHire change any pricing, EZHire shall provide its existing EZHire Customers with at least thirty (30) days’ notice consistent with Section 17.17.

5. Conduct

5.1.   Lawful Purposes. EZHire Services shall be used for lawful purposes only.

5.2.   Accurate Information.  You agree to provide EZHire with true, accurate and current information as requested when registering for EZHire Services and/or purchasing products from EZHire.

5.3.   At time of registration, you must provide certain information that identifies you to other EZHire Customers.  In doing so, you may not violate a third party’s intellectual property rights or use names that happen to be offensive or inappropriate.

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

A.           You not permit any other person to use your EZHire Account;

B.           You do not assign or transfer your Account or its login information to any other person or entity; and,

C.           You promptly inform EZHire of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a EZHire Account or its login information.

5.5.   Reserved for Future Use.

5.6.   Reserved for Future Use.

5.7.   You agree that you shall not use EZHire Services for any of the following:

5.7.1.                    Intentionally or unintentionally violating any applicable local, state, national, or international law, or any rules or regulations thereunder;

5.7.2         Intentionally violating any intellectual property rights of a third party;

5.7.3         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;

5.7.4         Disseminating materials that are lewd, offensive, inflammatory, harassing, threatening, defamatory, or otherwise objectionable as determined by EZHire in its sole discretion;

5.7.5         Posting or transmitting, or causing to be posted or transmitted, via the EZHire Services any nudity;

5.7.6         Posting or transmitting, or causing to be posted or transmitted, via the EZHire Services any spam; EZHire maintains a strict policy forbidding any spam or misuse of email services within its EZHire Services.

5.7.7         Posting or transmitting, or causing to be posted or transmitted, via EZHire Services any materials advertising any business other than EZHire; Additional and/or different rules may apply in the event EZHire dedicates a special forum in the future to the promotion and/or offering of services by EZHire Customers.

5.7.8         Seeking to obtain private financial information from any Consumer;

5.7.9         To impersonate any other person;

5.7.10     To provide any false information;

5.7.11     Registering or attempting to register an account with EZHire without its express authorization after having been terminated or suspended by EZHire for any reason; and/or

5.7.12     Interfering with EZHire’s security measures.

5.7.13     Circumventing and/or violating any person’s privacy rights.

5.7.14     Attempting to engage in any prohibited conduct.

5.8      Should you believe that an EZHire Customer or person has violated any of the foregoing prohibited uses in 5.7, you should immediately notify EZHire via report@EZHire.co.

5.9      Upon learning of any error, omission or violation of these Terms of Use by any other third party, you shall immediately notify EZHire via report@EZHire.co.

6. Objectionable Content

EZHire does not endorse any Customer Content made available via EZHire Services.  EZHire 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 EZHire to delete any post and/or Content does not constitute an endorsement of it.

EZHire is not responsible for any false, defamatory, libelous, or slanderous Content posted by its EZHire Customers.  If you believe any Content violates your rights or those of a third party in any way, you may contact EZHire via report@EZHire.co.

7. Intellectual Property Rights

7.1.   Software.

EZHire Services and any necessary software used in connection with the EZHire Services (“Software”) contain proprietary and confidential information protected by applicable intellectual property and other laws. EZHire or its licensor holds all rights, title and interest in all Software and all intellectual property, including other rights related to intangible property, unless otherwise indicated. 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 EZHire 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.

7.2 Copyright.

EZHire shall possess and retain all copyrights to content created by EZHire (“EZHire Content”).  EZHire 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 do not have any interest in any Video Interviews in which you participate.  All copyrights in Customer Content shall remain with the applicable owners of such copyrights.

By using EZHire Services, you provide EZHire a license to use your Customer Content and Video Content for purposes of providing EZHire Services. 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 EZHire Services within any other website.

Your use of any third party software or content obtained through the EZHire 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 EZHire 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.

7.3.   Trademarks

You agree to not use EZHire Trademarks or any mark that is confusingly similar to such trademarks.  Nothing on or through the EZHire Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of EZHire Trademarks.  EZHire reserves the right to restrict the use of its name, system, logo, and trademarks. You agree to comply with any and all such restrictions.

7.4.   Destruction of Materials. Should you violate these terms regarding intellectual property, you must delete any materials obtained in violation of these Terms of Use immediately upon notice or upon realizing possession of such materials violate these Terms of Use, whichever is earlier.

7.5.   Limited License. All EZHire Content is the proprietary property of EZHire and/or its licensors, with all rights reserved. No EZHire Content 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 EZHire’s prior written permission. Provided that you are eligible for use of EZHire Services and retain all copyright or other proprietary notices intact, you are granted a limited license to access and use the EZHire Services and the EZHire Content, including a limited license to download or print a copy of any portion of the EZHire Content to which you have properly gained access solely for your use in relation to the EZHire Services. You may not upload or republish EZHire 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 EZHire Services or EZHire Content without the prior written permission of EZHire, 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.

7.6.   Unauthorized Access or Circumvention.  As stated above, EZHire takes the privacy of its EZHire Customers very seriously.  In this context, it also takes seriously any effort to circumvent the technology it has implemented to protect the privacy and the security of information on its servers.  Should any person attempt to obtain or obtain unauthorized access to EZHire servers and/or should any EZHire Customer attempt to exceed or exceed his/her/its authorized access to EZHire servers, EZHire 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.  EZHire considers the unauthorized access to and/or download of any Video Content fall within the scope of this prohibited conduct.  Moreover, EZHire 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.

7.7 Job Seeker Content and Information

EZHire does not own any job seeker content or information. The ownership of this content and information can vary depending on circumstances. Indeed, the laws related to privacy of consumer information often intersect and overlap with those relating to the privacy and ownership of employee information. In particular, the GDPR provides EU consumers with certain rights related to their personal information. At the same time, employers possess rights and obligations to retain certain employee and job candidate information. Should EZHire receive any request relating to job seeker content and information from that job seeker, EZHire will forward the request to the employer or staffing company to process. Absent a court order or clear indication of applicable law, EZHire will thereafter defer to and comply with the employer or staffing company direction. In so doing, however, EZHire reserves the right to fully inform any job seeker of their respective rights and how to address such a dispute.

8. DMCA Policy

8.1. EZHire respects the intellectual property rights of others and prohibits anyone from uploading, posting or otherwise transmitting through EZHire Services any materials that violate another party’s intellectual property rights. When EZHire 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”).

8.2. If you believe that any material on or through the EZHire Services infringes upon any copyright which you own or control, you may send a written Notification of Alleged Copyright Infringement to our designated DMCA Agent identified below.

8.3. If you believe that your own copyrighted work is accessible on or through the EZHire Services in violation of your intellectual property rights, you may provide our designated DMCA Agent with a Notification of Alleged Copyright Infringement as set forth in the DMCA that contains substantially the following information:

(A). Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed so that EZHire can locate the material;

(B). Identify the URL or other specific location on the Website or EZHire Services that contains the material that You claim infringes your copyright described in Item 5.3(A) above;

(C). Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;

(D). Include a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(E). Include 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 the copyright owner’s behalf; and,

(F). Include your name, mailing address, telephone number and email address.

8.4.   You may send your Notification of Alleged Copyright Infringement to our designated DMCA Agent by E-Mail to notices@EZHire.co

8.5.    EZHire has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, members who are deemed to be repeat infringers. EZHire may also in its sole discretion limit access to the EZHire Services and/or terminate the use thereof by anyone who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

9. RESERVED FOR FUTURE USE

10. RESALE OF SERVICE 

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

11. INDEMNIFICATION

You agree to indemnify and hold EZHire (as defined in 14.1.3) harmless against and 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 EZHire due to or arising out of:

(A) your use of and/or connection to the Apps, Website, and/or EZHire Services;

(B) your sharing of any content obtained through use of the Apps, Website, and/or EZHire Services to any third party;

(C) the use of any content downloaded from the Apps, Website, and/or EZHire Services to your computer and/or servers;

(D) your violation of these Terms of Use;

(E) information you sent, submitted, electronically received, viewed, printed, downloaded, or transmitted through the Apps, Website, and/or EZHire 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 actions when using the Apps, Website, and/or EZHire Services, including, but not limited to, costs incurred for Internet access.  In all cases, EZHire shall have the right to choose its own counsel.

12 . DISCLAIMER OF WARRANTIES

12.1.   THE APPS, WEBSITE, AND/OR EZHIRE SERVICES ARE PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS”, “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.

12.2.   EZHIRE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:

ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS AND/OR CONTENT OF THE APPS, WEBSITE, AND/OR EZHIRE SERVICES:

THE ABILITY OF THE APPS, WEBSITE, AND/OR EZHIRE SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE;

ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE;

ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;

ANY WARRANTIES OF NON-INFRINGEMENT; AND

ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF EZHIRE IN THE APPS, WEBSITE, AND/OR EZHIRE SERVICES, OR ANY WARRANTY THAT THE APPS, WEBSITE, AND/OR EZHIRE SERVICES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

EZHIRE IS NOT LIABLE FOR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS THAT ARE DOWNLOADED FROM THE APPS, WEBSITE, AND/OR EZHIRE SERVICES BY YOU OR INSTALLED ON YOUR COMPUTER. AS SUCH, EZHIRE IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

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

12.4.   EZHIRE MAKES NO WARRANTY THAT THE APPS, WEBSITE, EZHIRE SERVICES, AND/OR CONTENT THEREON WILL BE ERROR-FREE, AVAILABLE WITHOUT INTERRUPTION, TIMELY, OR MEET YOUR REQUIREMENTS.

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

12.6. THESE DISCLAIMERS APPLY TO ALL CONTENT SENT TO AND/OR FROM THE APPS, WEBSITE, AND/OR EZHIRE SERVICES.

13. THIRD PARTY LINKS AND PRODUCTS

13.1.  IN CONNECTION WITH THE EZHIRE SERVICES, EZHIRE MAY PROVIDE YOU WITH LINKS TO THIRD PARTY WEBSITES AND OFFERS FOR PRODUCTS AND SERVICES OF THIRD PARTIES.

13.2.  EZHIRE NEITHER MONITERS NOR HAS ANY CONTROL OVER SUCH THIRD PARTY WEBSITES, PRODUCTS, AND SERVICES.

13.3.   EZHIRE IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE (A) THE AVAILABILITY OR CONTENT OF SUCH THIRD PARTY WEBSITES; (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES; (C) THE USE OF OR RELIANCE UPON SUCH CONTENT, PRODUCTS, OR SERVICES; (D) ANY LOSS OR DAMAGE ARISING FROM ANY COMMUNICATIONS AND/OR TRANSACTIONS BETWEEN YOU AND THIRD PARTIES; AND/OR (E) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES.

13.4.   ANY CORRESPONDENCE OR BUSINESS TRANSACTIONS BETWEEN YOU AND SUCH THIRD PARTIES ARE SOLELY BETWEEN YOU AND ANY SUCH THIRD PARTY.

13.5.  EZHIRE SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD PARTY PRODUCTS AND SERVICES INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT OR WHERE SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

13.6.   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 EZHIRE SERVICES DOES NOT IMPLY ENDORSEMENT OF THE LINKED THIRD PARTY WEBSITE.

13.7.   YOU ALSO MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS THAT MAY APPLY WHEN YOU USE AFFILIATE OR OTHER SERVICES PROVIDED BY EZHIRE, THIRD-PARTY CONTENT OR THIRD-PARTY SOFTWARE. EZHIRE SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ITS CUSTOMERS FAILING TO ABIDE BY THIRD-PARTY WEBSITES’ POLICIES AND TERMS.

14. LIMITATION OF LIABILITY

14.1. GENERAL TERMS.  FOR EACH OF THE FOLLOWING LIMITATIONS OF LIABILITY, THE FOLLOWING TERMS SHALL APPLY:

14.1.1.  “DAMAGES” SHALL INCLUDE 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.

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

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

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

14.1.5. 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.

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

14.2.   YOU AGREE THAT EZHIRE 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 EZHIRE SERVICES.

14.3.   YOU AGREE TO EXCUSE EZHIRE 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.

14.4.   YOU AGREE THAT EZHIRE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE APPS, WEBSITE, AND/OR EZHIRE SERVICES. SIMILARLY, EZHIRE 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.

14.5.   YOU AGREE THAT EZHIRE 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:

14.5.1.   THE USE OF OR THE INABILITY TO USE THE EZHIRE SERVICES; 

14.5.2.   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 EZHIRE SERVICES; 

14.5.3.   UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR DATA; 

14.5.4.  STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE EZHIRE SERVICES; 

14.5.5.  THE DISCLOSURE OF ANY PARTY’S IDENTITY OR IDENTIFYING INFORMATION;

14.5.6.  THESE TERMS OF USE; OR

14.5.7.  ANY OTHER MATTER RELATING TO THE EZHIRE SERVICES. 

14.6.     YOU AGREE THAT EZHIRE 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 EZHIRE TO DISCLAIM ANY DAMAGES, YOU AGREE THAT THE MAXIMUM AMOUNT OF DAMAGES THAT EZHIRE SHALL BE LIABLE TO YOU FOR SHALL NOT EXCEED THE AMOUNT OF PAYMENTS YOU PAID TO EZHIRE.\

14.7.    IF YOU ARE DISSATISFIED WITH THE APPS, WEBSITE, AND/OR EZHIRE SERVICES, OR YOU HAVE ANY DISPUTE WITH EZHIRE 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 EZHIRE SERVICES.

14.8.  YOU AGREE THAT EZHIRE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING OR OCCURRING THROUGH ANY CURRENT, FORMER, AND/OR POTENTIAL 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 EZHIRE SERVICES.

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

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

14.11.   YOU AGREE THAT EZHIRE 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.

14.11.1. WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE APPS, WEBSITE, AND/OR EZHIRE 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 EZHIRE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR (3) THAT DEFECTS IN THE APPS, WEBSITE, AND/OR THE EZHIRE SERVICES WILL BE CORRECTED.

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

15. 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 OF SECTIONS 11, 12, 13, and 14 MAY NOT APPLY TO YOU.

16.   RESERVED FOR FUTURE USE

17.    General Provisions

17.1.  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.

17.2. Applicable Law. 

17.3. Arbitration Clause.

Except with respect to any dispute, claim, or controversy relating to the privacy of consumer information, GDPR, and/or Privacy Shield (see below), any dispute, claim, or controversy arising out of these Terms of Use, the Apps, Website, and/or EZHire Services shall be settled by arbitration in Seattle, WA. Such arbitration shall be conducted in accordance with the Comprehensive Arbitration Rules and Procedures (or then-existing equivalent) of the JAMS (or then-existing equivalent). The party requesting arbitration shall serve upon the other party a notice demanding arbitration and a description of the issue or issues to be arbitrated. 

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 JAMS. The arbitrator may award legal fees (including, but not limited to, attorneys’ fees, paralegal fees, etc.), expenses, and costs as part of the award.

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. All costs and expenses of the arbitration, including reasonable legal fees (including, but not limited to, attorney’s fees, paralegal fees, etc.), shall be allocated among the parties as determined by the arbitrator.

Notwithstanding the foregoing, either Party may, at its sole discretion, seek preliminary judicial relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief) and, additionally, the provisions of this Section may be enforced by any court of competent jurisdiction.

With respect to any dispute, claim, or controversy relating to the privacy of consumer information, GDPR, and/or Privacy Shield, we direct you to Section 6 of our Privacy and Security Policy entitled Dispute Resolution. Should you have any questions, please contact us at info@ezhire.co

17.4.   Class Actions Waived. You expressly waive any right to participate in any class action against EZHire for any claims related to the Apps, Website, and/or EZHire Services. In fact, by using the Apps, Website, and/or EZHire 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 EZHire.

17.5.   Entire Agreement. These Terms of Use, as they shall be modified from time to time, constitute the full and complete understanding among them 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. 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.

17.6.   Incorporation Clause. These Terms of Use expressly incorporate the terms provided for in EZHire’s Privacy and Security Policy, its Data Protection Agreement, and related terms and documents.

17.7.   Intentionally Omitted. 

17.8.   Independent Parties. You and EZHire 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 EZHire. At no time shall you or EZHire act as an agent for or make commitments for or in the name of the other party.

17.9.   Jury Trial Waived. As provided in the Arbitration Clause above, you acknowledge that all disputes with EZHire 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 EZHire for any claims related to the Apps, Website, and/or EZHire Services. In fact, by using the Apps, Website, and/or EZHire 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 EZHire.

17.10.   Legal Advice Not Provided.  You acknowledge and agree that EZHire 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 EZHire communications as legal advice.

17.11.   Paragraph and Section 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.\

17.12.   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.

17.13.    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.

17.14.   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 EZHire 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 EZHire Services shall accrue on the first date of publication.

17.15.  Survival.  You agree that certain of these Terms of Use shall survive termination or expiration of your use of the EZHire Services to achieve the fundamental purposes of these Terms of Use including, but not limited to, Sections 1, 5-8, and 11-15, 17.

17.16.   Waiver.

17.16.1.   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.

17.16.2.   The failure of EZHire 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.

17.16.3.    No employee, agent or representative, including without limitation a customer service representative, of EZHire shall be entitled to waive any term of these Terms of Use or any other EZHire’ agreement or policy.

17.17.    Notices. Notices by EZHire to you for any reason (including changes to these Terms of Use, the Apps, the Website, and/or EZHire Services, the fees, or other similar matters) may be provided by a general posting on the Website at EZHire.co. Notices by you to EZHire may be given through electronic mail to notices@EZHire.co unless otherwise specified in these Terms of Use. Without receiving a confirmation email back from EZHire, you may not assume that your notice has been received.

17.18.  Restricted Locations.

The Apps, Website, and/or EZHire 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.

Apps, Website, and/or EZHire Services may not be used by and is not directed at any country or region currently embargoed by the United States. By using the Apps, Website, and/or EZHire Services, you agree to the foregoing and you warrant that you are not located in, or under the control of, or a national or resident of any such country or region.

You agree to comply with all local rules regarding online conduct and what EZHire deems, in its sole discretion, acceptable content. For examples of prohibited content and conduct, refer to Section 5.7 above.

You agree to comply with all applicable laws regarding the transmission of technical data exported.