Our Terms of Use

Last updated on January 8, 2020

Welcome to the Jobhive, Inc. (“Us”, “We” or “Jobhive”) website located at www.jobhive.com (together with any materials, functionality and services available therein, and successor sites (collectively, the “Site”), which is operated by Jobhive.

 

1. ACCEPTANCE OF TERMS.

These Terms of Use (“Terms”) state the terms and conditions governing your use of and access to the Site and constitute a legally binding contract between you and Jobhive. These Terms incorporate any additional terms and conditions posted by Jobhive through the Site, or otherwise made available to you by Jobhive.

PLEASE REVIEW THESE TERMS CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS, THEN YOU MUST NOT USE OR ACCESS THE SITE.

We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes.

The “Last Updated” legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); or offer opportunities to some or all Site users.

 

2. ELIGIBILITY

By using the Site, you affirm that you are of legal age to enter into these Terms. If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Site and to any such Organization.

The Site is controlled or operated (or both) from the United States, and is not intended to subject Jobhive to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

 

3. DESCRIPTION OF SERVICES

The purpose of the site is provide recruiting marketplace services (generally, the “Services”) and facilitate communications and transactional opportunities for recruiters seeking to place candidates (“Recruiters”) and prospective employers looking to hire candidates (“Employers”). A Recruiter may receive notification from the site regarding an Employer’s interest in a specific candidate and details about the job. The Recruiter may than respond to any Employer that has contacted the Recruiter via the Site to move forward with the candidate’s application for the open position. The Site provides this tool enabling Recruiters and Employers to connect with each other. Recruiters and Employers are solely responsible for the information provided in any resume or candidate profile, any job posting or company profile, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of the Site. Jobhive does not have input into the Employer’s hiring process. Jobhive is not responsible for and does not guarantee job postings or wages or benefits presented by Employers. Jobhive is not responsible for and does not guarantee the accuracy of candidate profiles, resumes, education accomplishments, degrees or certifications, or work history.

Jobhive is not a third party to or liable for any agreements between any Employers and Recruiters, regardless of whether or not Jobhive receives any fees in connection with the transaction. 

 

4. LICENSE

Subject to and conditioned on your compliance with these Terms, Jobhive grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Site, and to download copies of the materials that we make available for download on the Site. 

The Site, including all content, information, and materials incorporated into or made available through the Site, is the exclusive property of Jobhive or its suppliers, and is protected by U.S. and international law. You agree not to access or use the Site, or any content, information, or materials incorporated into or made available through the Site, except as expressly permitted under these Terms.

All trademarks, service marks, and logos displayed on the Site (the “Marks”) are the exclusive property of Jobhive or its third party owners. Except for your right to view Marks on our Site, You are not granted any rights to the Marks. Nothing in the Site grants, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site.

 

5. USER SUBMITTED MATERIALS

The Site includes functionality (i) to enable Recruiters to upload résumés and/or other employment- and career-related information, (ii) to enable Employers to upload job postings, Employer profiles, and related information. The Site may also enable users to submit comments and materials through interactive features such as message boards and other forums, and chatting, commenting and other messaging functionality (all such résumés, job descriptions, profiles, information, comments, and materials are “Submitted Materials”). For clarity, users retain ownership of their Submitted Materials. However, You hereby grant Jobhive a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submitted Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed Submitted Materials, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Jobhive under any fiduciary or other obligation.

You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submitted Materials, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. 

Jobhive may (but has no obligation to) screen, monitor, evaluate and remove any Submitted Materials at any time and for any reason, or analyze your access to and use of the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

For clarity, certain information that you provide to Jobhive through the Site may also be governed by Jobhive’s Privacy Policy, located at https://www.jobhive.com/privacy-policy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed.

 

6. RULES OF CONDUCT 

In connection with the Site, you agree NOT to:

• Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.

• Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).

• Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful.

• Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.

• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein.

• Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.

• Remove any copyright, trademark or other proprietary rights notice from the Site.

• Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service.

• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without Jobhive’s express prior written consent. Notwithstanding the foregoing, Jobhive grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Jobhive reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

 

7. SPECIAL PROVISIONS APPLICABLE TO EMPLOYERS 

Employers may not post any job listing/advertisement that:

• Does not comply with the applicable laws or regulations of the state and country where the job is to be performed, including laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use of intellectual property. 

• Contains false information or solicits employees by intentional misrepresentation, such as, misrepresentation of the terms of employment, the hiring entity, or the identity of the poster.

• Requires an application fee or up-front or periodic payments; requires recruitments of others; resembles a multi-level marketing scheme, franchise or pyramid scheme, “club membership”, distributorship or sales representative agency arrangement; or only pays commissions (except where the listing makes clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling); or resembles a multi-level marketing scheme. 

• Involves any screening requirement where such screening requirement is not an actual and legal requirement of the advertised position.

• Contains any logo or brands, or link to website, other than your own or those of any entity for which you are authorized to submit job ads. 

• Does not comply with Title VII of the Civil Rights Act or the EEOC’s Enforcement Guidance on Employer’s Consideration of Arrest and Conviction Records in Employment Decisions, and relevant state and local laws that prohibit employers from discriminating against people with criminal backgrounds and require employers to delay inquiry into an applicant’s criminal history until later in the hiring process. 

• Discriminates against applicants on the basis of gender, race, religion, sexual orientation, age, disability, or any other ground(s) prohibited by applicable law, in each case as determined in Jobhive’s discretion. 

 

8. ACCOUNT AND PASSWORD

You may need to register for an account to use all or portions of the Site. We may reject, or require that you change, any username, password or other information that you provide to us in registering. You, and not Jobhive, are responsible for any use or misuse of your username or password. In particular, it is your sole responsibility to (a) maintain the confidentiality of your account login and password; (b) frequently update and revise your password; and (c) promptly notify Jobhive if there is any unauthorized use of your account or any breach of security.

When creating your account or uploading information to the Site through your account, you represent and warrant that you will provide accurate and complete information. 

When you create an account, you expressly authorize Jobhive to contact you at the phone number and email address included in your profile. If you do not want to receive such communications, you may change your account settings. Consent to being contacted by telephone is not required as a condition of using the Site or of purchasing any services from Jobhive. 

9. THIRD PARTY MATERIALS 

The Site may make available or provide links to third party websites, content, or information (“Third Party Materials”). Jobhive does not control, and is not responsible for, any Third Party Materials and the availability of any Third Party Materials on the Site does not imply endorsement of, or affiliation with the provider of Third Party Materials. Your use of Third Party Materials is at your own risk.

 

10. USER RESPONSIBILITIES

Recruiters are responsible to keep candidate information accurate, complete and up-to-date. Employers are responsible to keep job posting and compensation information accurate, complete, and up-to-date. Any initial communication between Recruiters and Employers shall be made exclusively through the Site. Further communication between an Employer and a Recruiter may only take place outside of the site after an Employer requests an interview with a candidate and the candidate accepts the interview. Recruiters agree not to independently attempt to contact any Employer through an alternative means outside the Site. Employers agree not to independently attempt to contact any Recruiter through an alternative means outside the Site.

 

11. USE OF CANDIDATE PERSONAL DATA

Recruiters’ use of the Site may involve the transmission to us of certain personally identifiable information of candidates. By registering with the Site Recruiters represent, warrant and covenant that they will only upload personally identifiable information for candidates with the express written approval of such candidates. Recruiters further acknowledge and agree to the collection, use, retention and disclosure of the personally identifiable information of their candidates as set forth in our Privacy Policy, and to have candidates’ personally identifiable information collected, used, transferred to and processed in the United States. Recruiters further acknowledge and agree that candidate information submitted to the Site will be accessible by Employers, which may include the former and current employers of the candidates. Consequently, there is no confidentiality or privacy with respect to such candidate information, including but not limited to any personally identifying information of candidates that Recruiters may make available through the Site. Jobhive reserves the right, but not the obligation, to independently obtain the express written consent of prospective candidates prior to making any personally identifying information of candidates publicly available through the Site.

 

12. PAID SERVICES

Certain aspects of the Services may be provided for a fee. If you elect to use paid features of the Services, you agree to the pricing and payment terms for the applicable Services, as we may update them from time-to-time. Recurring charges are billed in advance of Service. Jobhive may add new Services and products for additional fees and charges, or amend fees and charges for existing Services at any time in its sole discretion. You will also be responsible for any sales, VAT, use, excise, consumption or other similar taxes applicable to the Services.

You may cancel your subscription to paid Services at any time and you accept that you will not receive a refund of pre-paid fees for such cancellation. In the event that Jobhive suspends, limits, conditions, or terminates your access to the Services and/or your account due to your breach of these Terms of Use, or any other agreement that you have with Jobhive, you understand and accept that you will not receive a refund for any unused time with respect to fees that you have pre-paid for a subscription plan, product or service, and to the extent that you have not paid the applicable fees, you will remain liable to pay Jobhive the entire fees due for the subscription, product or service, as applicable.  

Delinquent payments may bear interest at the rate of one and one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including legal fees and expenses) incurred by Jobhive in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies. In addition, if you are late in the payment of any fees, we reserve the right to immediately suspend or terminate your access to the Site without notice, and in the event of any such suspension or termination, you will remain responsible for the entire amount of fees owed. Unless your subscription plan is terminated timely and correctly, you will continue to accrue charges even if you don’t use the subscribed Services. 

 

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Jobhive, and its affiliates, officers, directors, shareholders, agents, representatives and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to your access to or use of, or activities in connection with, the Site (including any Submitted Materials), or your violation or alleged violation of these Terms or the Privacy Policy.

 

14. DISCLAIMER 

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND JOBHIVE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.

While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Site.

 

15. LIMITATION OF LIABILITY

YOU AGREE JOBHIVE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMITTED MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE JOBHIVE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. YOU AGREE THE MAXIMUM AGGREGATE LIABILITY OF JOBHIVE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE $100.

Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.

 

16. TERMINATION

Jobhive may terminate or suspend your access to the Site at any time, with or without cause or notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, (a) your right to access and use the Site will immediately cease; (b) Jobhive may immediately deactivate or delete your user name, password and account; (c) Jobhive will be under no obligation to maintain or provide you with access to any materials associated with your account (including Submitted Materials), and may retain or delete such materials in Jobhive’s sole discretion; and (d) except for the license granted to you to access and use the Site, the remaining provisions of these Terms will survive and continue in effect.

 

17. NOTICE OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Jobhive a written notice by mail, e-mail or fax, requesting that Jobhive remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Jobhive a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to: 

Copyright Agent
Jobhive, Inc.
Attn: Legal Department
4050 S. 1400 E.
Millcreek, UT 84124

Email: info@Jobhive.com

We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.

 

18. GOVERNING LAW; JURISDICTION

These Terms are governed by and will be construed in accordance with the laws of the State of Utah, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in Salt Lake County, Utah, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.

 

19. INFORMATION OR COMPLAINTS

If you have a question or complaint regarding the Site, please send an e-mail to info@jobhive.com. You may also contact us by writing to Customer Service at Jobhive, Inc., 4050 S. 1400 E. Millcreek, UT 84124. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

 

20. PAYMENTS THROUGH THE SITE

If you wish to pay an outstanding invoice or a subscription fee through the Site (each such payment, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your bank information routing number, bank account number, bank account type, credit card number, card verification number, the expiration date of your credit card, your billing address, billing phone number, and email. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY BANK ACCOUNT INFORMATION OR CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. To process your payment, Jobhive uses Stripe, an independent third party. Stripe controls the security and performance of its payment processing services. Please refer to Stripe’s terms, conditions and privacy policies governing your payment located at www.stripe.com. Verification of information may be required prior to the acknowledgment or completion of any Transaction. Jobhive or our agents may call or contact you regarding your account or your Transactions. You agree that we may place such calls or contact you relating to the Transaction.

 

21. GENERAL

These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Jobhive. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms will be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, constitute the entire agreement between you and Jobhive relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Jobhive relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Jobhive will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.