CAREERPLUG TERMS OF SERVICE
PLEASE READ THE FOLLOWING TERMS OF SERVICE (THE "TERMS OF SERVICE" OR THE "AGREEMENT") CAREFULLY; IT IS A BINDING LEGAL AGREEMENT. BY CHECKING THE "I AGREE" BOX, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS OR USE THE CAREERPLUG ATS WEBSITE (THE "SITE") OR THE SERVICES AVAILABLE THROUGH THE SITE (THE "SERVICE"), WHICH IS A SERVICE OF CAREERPLUG, LLC ("CAREERPLUG"). CAREERPLUG GRANTS YOU PERMISSION TO USE THIS SERVICE UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.
1. Your Relationship with CareerPlug
CareerPlug is offering the Service solely for use by the person or entity in whose name an account is registered through the Site (the "Subscriber" or "you") and not for the use or benefit of any third party. Your use of the CareerPlug ATS Services is subject to the following Terms which form an agreement between you and CareerPlug LLC, whose principal place of business is at 5758 Balcones Drive, Suite 201, Austin, TX 78731. In order to use the Services, you must first agree to the Terms.
2. Fair Usage
CareerPlug provides recruiting software which may only be used for the purposes of recruiting individuals for real jobs in real organizations. You may not use the CareerPlug Services to advertise fake jobs, collect resumes, promote product and services or self- employment opportunities and for any other use, which is not in line with any applicable law, regulation or generally accepted recruiting practices or guidelines. Any fraudulent, abusive or authorized activity may be grounds for termination of Subscriber's right to Service or to access the Site and may be grounds for potential liability against Subscriber.
CareerPlug does not currently place a limit on data storage or bandwidth usage. You should however not seek to store more data than is reasonably needed for normal recruiting practices. CareerPlug retains the right to create limits on bandwidth use and storage with respect to the Service in its sole discretion at any time with or without notice.
CareerPlug believes in a world where hiring is fast, fair, social, open, easy. We expect that you do not use the CareerPlug services against these values. In particular, we do not accept any form of discrimination in the hiring process.
You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services and the Data. You shall not share your password with any other person or entity; violation of this provision will be a material breach of this Agreement and may result in immediate cancellation of the Subscriber's account. Subscriber agrees to notify CareerPlug immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber's account or password. Failure to do so shall constitute a material breach of this Agreement, which may result in immediate termination of Subscriber's account.
You agree not to attempt to access any of the Services by any means other than through the interface that is provided by CareerPlug as well as to not engage in any activity that interferes with or disrupts the Services or infringes on CareerPlug’s brand and intellectual property.
Initial technical support is only available via email and regularly scheduled webinars. If we are not able to resolve your issue via email/webinar, then we will provide you with phone-based technical support. While CareerPlug will work to respond to all requests within 24 hours, there is no agreement to respond within a certain period of time.
CareerPlug will use reasonable efforts to ensure that the Services are available twenty- four hours a day, seven days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by CareerPlug to minimize such disruption where it is within CareerPlug's reasonable control.
4. Warranty Disclaimer
THE SERVICES, CONTENT AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. CAREERPLUG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE OR THE SERVICES, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SITE OR SERVICES WILL (A) BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS (E) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (F) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
TO THE FULLEST EXTENT ALLOWED BY LAW, CAREERPLUG DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE CONTENT, MATERIAL AND/OR SERVICES PROVIDED ON THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT CAREERPLUG IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; (2) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY CONTENT FROM THE SITE AND (3) DOWNLOADING INFORMATION CONTAINED ON THE SITE; INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM.
THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS RELATING TO IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.
You agree to indemnify and hold harmless CareerPlug, 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 Subscriber'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.
5. Limitation of Liability
You expressly understand and agree that CareerPlug 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 CareerPlug 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 CareerPlug under this Agreement during the twelve (12) month period prior to the occurrence giving rise to your claim or cause of action against CareerPlug; (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 Subscriber. 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.
You agree to indemnify and hold harmless CareerPlug, 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 Subscriber'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.
7. Add-on Services
CareerPlug may, in the future, be pre-integrated with a number of third party Add-On Services. These Add-On Services are provided by third party vendors. When you purchase such services through the CareerPlug platform, the terms and conditions of those vendors apply and you should check them before ordering any Add-On Services. CareerPlug cannot and will not take any responsibility or any liability for Add-On services.
8. Payments, Refunds, Upgrading and Downgrading
The Service is billed in advance on a recurring monthly or annual basis, as your selected plan specifies, 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 open account.
For any upgrade or downgrade in plan level, which is only available for certain accounts, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service, which is only available for certain accounts, may cause the loss of Content, features, or capacity of your Account. CareerPlug shall not be liable for any such loss.
9. Cancellation and Termination
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the link to your plan (visible after you log in, in the right sidebar) and clicking the Cancel Account link. This is the only way in which you may cancel your account. Upon cancellation, all of your Content from the Service will be subject to immediate deletion. This information cannot be recovered once your account is cancelled. If you cancel your Service before the end of your current paid up month or year (depending on your plan), your cancellation will take effect immediately and you will not be charged again, nor will you receive a refund for the unused portion of the month or year. CareerPlug, in its sole discretion, may choose to postpone the deletion of Content on a per-Subscriber basis.
CareerPlug, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account and your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
10. Copyright and Content Ownership
The Site and its contents are intended solely for the use of CareerPlug’s Subscribers and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site, including, but not limited to text, data, information, graphics, logos, tools, photographs, images, illustrations, audio, video and animations ("Site Content") are the property of CareerPlug and/or third parties and are protected by United States and international copyright laws. All trademarks, service marks, and trade names are proprietary to CareerPlug and/or third parties. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. Site Content and Subscriber Content are referred to collectively as "Content."
The Site is protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. Except as explicitly permitted in the next paragraph of this Agreement, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Site Content, software, materials, or Service in whole or in part.
Subscriber may download or copy the Site Content for his, her or its individual use only and not for any other person or entity, and provided that Subscriber maintains all copyright and other notices contained in such Site Content. Subscriber may not make multiple copies of the Site Content or otherwise distribute or transmit such Site Content to any other person or entity.
Subscriber acknowledges and agrees that if Subscriber uses any part of the Service to contribute Subscriber Content, CareerPlug will have a non-exclusive, perpetual, worldwide, royalty-free, freely transferable right, under all of Subscriber's intellectual property rights, to copy, cache, publish, display, perform, distribute, translate and store such Subscriber Content and to allow others to do so. Subscriber warrants, represents and agrees Subscriber has the right to grant CareerPlug and the Site the rights set forth above. Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner's permission to post it, (c) infringes any intellectual property right of another or on the privacy or publicity rights of another, (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (e) of this sentence. CareerPlug reserves the right to remove any Subscriber Content from the Site, suspend or terminate Subscriber's right to use the Service at any time, or pursue any other remedy or relief available to CareerPlug and/or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if CareerPlug is concerned that Subscriber may have breached the immediately preceding sentence).
All resume documents uploaded to your account by you, another user within your account, or an applicant, can be returned to you, within 90 days on disc or DVD for a fee of $100 plus $5 for each disc that must be used to save your content. CareerPlug reserves the right to waive this fee at any time in its sole discretion, including on a per-Subscriber basis. This service is limited to the physical documents uploaded and does not include any electronic data stored in a database used by the Service, which includes but it not limited to comments on applicants, messages, ratings, profile changes and job descriptions.
CareerPlug does not pre-screen Subscriber Content, but CareerPlug and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
12. Electronic Delivery Policy
You agree that we may provide to you required notices, agreements and other information concerning the Service electronically. While refunds will be handled promptly when warranted, by using the Service you also agree that CareerPlug is not responsible for valid charges incurred as the result of failed electronic delivery of email messages to the address you provide, either by the fault of CareerPlug or another third party.
13. Resolution of Disputes
Any disputes arising out of the use of the Service shall be governed by the laws of Texas, without regard to any conflict of laws principles, and any proceedings shall solely be brought in the state and federal courts located in Austin, Texas. 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 CareerPlug and waive any objection to jurisdiction and/or venue and any objection based on a more convenient forum in any action between you and CareerPlug (and/or its officers, directors, employees, members and agents) and/or otherwise in connection with the Service.