1. Service Overview.
The EZHIRE Service facilitates the online recording of text, audio and video responses to interview questions selected by Clients.
2. Registering as a Client.
3. Your Conduct.
You acknowledge and agree that You are solely responsible for any information or advice that You provide using the Website and/or Service and any action You may take with respect to any Applications, and you further represent and warrant that You will only provide information that is appropriate and accurate. In addition, You acknowledge that You are responsible for your use of the Services including any content you post on the Website or through the Services (“User Content”). In using the Website and Service You agree that You will not:
(a) copy or distribute any part of the Website or Service (including any Candidate content shared with You) without EZHIRE’s prior consent and the consent of the User (in the case of Candidates’ content);
(b) alter or modify any part of the Website or Service;
(c) upload, post, email, transmit or otherwise make available on the Website or through the Service:
(i) any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable,
(ii) any falsehoods or misrepresentations including statements that create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm Candidates in any way;
(iii) any advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, excluding legitimate job postings on Your public page on the Website;
(iv) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any Candidates or visitors to the Website or that compromises a User’s privacy;
(d) impersonate any person or entity or misrepresent their affiliation with a person or entity;
(e) interfere with or disrupt the Website and/or Service or servers or networks connected to the Website and Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Website and Service or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(f) collect or store personal information about Candidates or viewers except for information shared with You directly by Candidates, in which case You shall only collect or store such personal information in accordance with all applicable laws;
(g) resell the content of the Website or Service, the use of the Website or Service or access to the Website or Service;
(h) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
(i) circumvent any user limits or other timing or use restrictions that are built into the Service; (c) remove any proprietary notices, labels, or marks from the Service;
(j) frame or mirror any content forming part of the Service; or
(k) access the Website or Service in order to create or have created a competing product or service or copy any ideas, features, functions or graphics of the Service.
5. Your Responsibilities.
Client is responsible for all activities that occur in User accounts resulting from Client, its employees’, contractors’ and agents’ access to and use of the Service and for its employees’, contractors’ and agents’ compliance with this Agreement. Client shall:
(i) use commercially reasonable efforts, including complying with all reasonable instructions provided by Provider, to prevent unauthorized access to, or use of, its account with the Service, and notify Provider promptly of any such unauthorized access or use; and
(ii) comply with all applicable local, state, federal and foreign laws and regulations in using the Service, including without limitation all applicable privacy and export control laws and regulations. Client further acknowledges that it is their responsibility, and not that of EZHIRE, for:
(a) ensuring that the process as well as all questions (even samples provided by EZHIRE) are legal in their jurisdiction;
(b) any claims relating to any hire/no hire decision made by You;
(c) any decision to hire/not hire and the results of the EZHIRE process should not be taken as a recommendation either way;
(d) ensuring that Your hiring process is not discriminatory, including making alternate interview methods available to any applicant that is not able to conduct an interview through the EZHIRE process for any legally protected reason;
(g) any claims relating to equitable estoppel and/or privacy laws; and
You hereby hold harmless and indemnify EZHIRE in relation to any and all third-party claims arising as a result of your failure to comply with any of the terms of this Section 5.
Website and/or Service. If You provide EZHIRE with any suggestions, comments or other feedback (“Feedback“) relating to the Website, the Service or a trial of the Service if you sign up for one pursuant to EZHIRE’s trial evaluation agreement, EZHIRE may use such Feedback freely including to improve the Website and the Service. Accordingly, You agree that:
(a) EZHIRE is not subject to any confidentiality obligations in respect to the Feedback,
(b) the Feedback is not confidential or the proprietary information of You or any third party, and You have all of the necessary rights to disclose the Feedback to EZHIRE,
(c) EZHIRE (including all of its successors and assigns} may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in which case You shall not be entitled to receive any compensation or re-imbursement of any kind from EZHIRE.
7. Fees & Payment:
In consideration for the receipt of the Service, Client shall pay Provider the fees for the Service specified in the Order Form. All amounts are payable in US dollars unless otherwise stated in the Order Form. Fees may be updated by Provider from time to time by giving Client not less than sixty (60) days’ notice in writing. Unless otherwise stated in an Order Form, Fees for the Service will be invoiced on an annual basis and all Service Fees are due net thirty (30) days from the date of acceptance of the Order Form. Client is responsible for maintaining complete and accurate billing and contact information with Provider. Any payment not received from Client by the due date may accrue (except with respect to charges then under reasonable and good faith dispute), at Provider’s discretion, late charges at the rate of 1.5% of the outstanding balance per month (19.57% per annum), or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid.
Service Fees do not include any direct or indirect local, state, provincial, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, goods and services, harmonized, use or withholding taxes (collectively, “Taxes”). Client is responsible for paying all Taxes associated with its purchases hereunder, excluding taxes based on Provider’s net income or property. If Provider has the legal obligation to pay or collect Taxes for which Client is responsible under this section, the appropriate amount shall be invoiced to and paid by Client, unless Client provides Provider with a valid tax exemption certificate authorized by the appropriate taxing authority.
9. Suspension of Service.
If Client’s account is thirty (30) days or more overdue (except with respect to charges then under reasonable and good faith dispute), in addition to any of its other rights or remedies, Provider reserves the right to suspend the Service provided to Client, without liability to Client, until such amounts are paid in full.
10. Links to Third-Party Websites.
The Website or Service may contain links to other websites that are not owned or controlled by EZHIRE. EZHIRE is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any non-EZHIRE websites does not imply that EZHIRE endorses or accepts any responsibility for the content or use of such websites.
THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THIS WEBSITE and SERVICE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, EZHIRE DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT:
(I) THE INFORMATION OR MATERIALS ON THIS WEBSITE OR SERVICE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE;
(II) THE FUNCTIONS CONTAINED ON THIS WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE;
(III) DEFECTS WILL BE CORRECTED; OR
(IV) THIS WEBSITE and SERVICE and THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EZHIRE SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. EZHIRE DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR SERVICE OR FOR ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR SERVICE OR IS FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE OR SERVICE. EZHIRE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY UNLESS EXPRESSLY ACKNOWLEDGED BY EZHIRE IN WRITING.
Information sent or received over the Internet is generally unsecure and EZHIRE cannot and does not make any representation or warranty concerning security of any communication to or from the Website OR SERVICE or any representation or warranty regarding the interception by third parties of personal or other information.
12. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EZHIRE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM
(I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR SERVICE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE OR SERVICE;
(II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES;
(III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE OR SERVICE;
(IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICE;
(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICE;
(VI) YOUR NON-COMPLIANCE WITH ANY LAW, INCLUDING, WITHOUT LIMITATION, ALL PRIVACY AND EMPLOYMENT-RELATED LAWS; (VII) THE USE OF SAMPLE QUESTIONS PROVIDED BY EZHIRE;
(VII) YOUR DECISION TO HIRE OR NOT HIRE CANDIDATES;
(IX) DISCRIMINATION BY YOU;
(X) YOUR FAILURE TO ACCOMMODATE CANDIDATES WITH DISABILITIES;
(XI) EZHIRE’S USE OF AN EFFECTIVE HIRING PROGRAM (WHICH SHOULD NOT BE RELIED UPON AS THE ONLY PROCESS OR DATA POINT IN MAKING HIRING DECISIONS); OR
(XII) ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THIS WEBSITE OR SERVICE. WITHOUT LIMITING THE FOREGOING IN NO EVENT SHALL VICRUITERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF $100 OR THE AMOUNTS ACTUALLY PAID BY AND DUE FROM CUSTOMER HEREUNDER IN THE TWELVE MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY. THESE LIMITATIONS SHALL APPLY EVEN IF EZHIRE HAS BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY OR WILL BE SUFFERED BY ANY PERSON OR ENTITY WHATSOEVER. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Because EZHIRE does not supervise or control interactions between Candidates and Clients; and because EZHIRE cannot guarantee the true identity, age, nationality of Candidates; and because EZHIRE has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various information provided through or in connection with the Website and/or Service and the conduct of users of the Website and/or Service, You agree that You bear all risk and you agree to release EZHIRE (and its officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) for all liability, actual and consequential of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Website or Service, transactions with Candidates or transactions with third parties. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. Without limiting the foregoing, You also acknowledge and hereby release EZHIRE from all potential claims, including but not limited to: (i) Claims relating to EZHIRES use of an effective hiring program; and (ii) Claims relating to the questions that You ask, even if You use sample questions provided by EZHIRE.
YOU SHALL INDEMNIFY AND HOLD EZHIRE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF:
(i) MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE WEBSITE OR SERVICE;
(iii) YOUR USE OF THE PUBLIC PROFILE LINK SERVICE; OR
(iv) ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS, HUMAN RIGHTS, AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).
The term of any subscription shall be as set out in the applicable Order Form. EZHIRE may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website and/or Service or portions thereof. Cause for such termination shall include, but not be limited to,
(b) requests by law enforcement or other government agencies,
(c) a request by You,
(d) discontinuance or material modification to the Website or Service (or any part thereof),
(e) unexpected technical, security or legal issues or problems, and/or
(f) participation by You, directly or indirectly, in fraudulent or illegal activities; or
16. Enforcement of Terms.
17. Copyright and Trademark Information.
This Website and/or Service, and the information and materials that it contains, are the property of EZHIRE and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All EZHIRE product names and logos are trademarks or registered trademarks. Nothing contained on this Website or Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website and/or Service or any materials displayed on this Website or Service, through the use of framing or otherwise, except:
(a) as expressly permitted by these terms and conditions; or
(b) with the prior written permission of EZHIRE. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.
18. Changes to the Service or Website.
EZHIRE reserves the right to alter the Website and/or Service at any time and for any reason or no reason without any liability to You. If EZHIRE suspends or discontinues this Website and/or the Service, thirty (30) days written notice shall be provided. The Website or Service may also be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. EZHIRE may periodically add or update the information and materials on this Website or Service without notice.