Terms of Use

HireAbility Terms of Use

1. LEGAL INFORMATION
HIREABILITY PROVIDES THIS SITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW.

Copyright 1998-2013 HireAbility.com, LLC. All Rights Reserved.

All pages within this Internet site (“Site”) including but not limited to text, graphics, postings, programming, layout and design are the property of HireAbility.com, LLC (the “Company” or “HireAbility”). No portion of the materials on the pages of the Site may be reprinted or republished in any form without the express written permission of the Company.

2. BINDING AGREEMENT
These Terms of Use (as they may be amended from time to time by the Company) form a binding agreement between you and HireAbility. Your access or use of the Site indicates your acceptance of these Terms of Use. You are agreeing to use the Site at your own risk.

3. ACCEPTABLE USES OF THE SITE

3.1 General Use Rules – This Site is intended for individuals or companies seeking parsing capabilities to be added to the products or services developed by them. You may use this site only for lawful purposes within the stated context of HireAbility’s intended and acceptable use of the Site. HireAbility is the sole interpreter of the Site’s intended and acceptable use.

3.2 License to Use - HireAbility hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal, non-commercial use or for your internal business use. This is a revocable license, not a transfer of title, and is subject to the restrictions outlined in the Conduct Rules. You may view and download a single copy of the information contained on this Site on a single computer for your personal use directly related to using the Site for the purpose of evaluating our parsing services. HireAbility reserves the right to suspend or terminate your access and use at any time if HireAbility determines in its sole discretion that you are in breach of any of the Terms of Use. This is a revocable license, not a transfer of title, and is subject to the restrictions outlined in the Conduct Rules.

4. CONDUCT RULES
While using the Site or Site-related services, you agree not to:

  • Use or modify any portion of the Site for any commercial, information gathering or unlawful research purpose, or for any public display, performance, sale or rental;
  • Modify, adapt, sublicense, translate, sell, decompile, reverse engineer, decipher, or disassemble, or any attempts thereof, any portion of the Site;
  • Remove any copyright, trademark registration, or other proprietary notices from any portion of the Site;
  • Transfer any portion of the Site to another person or company;
  • Restrict or inhibit any other user from using and enjoying the Site and services;
  • Post, transmit distribute or store any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind;
  • Post, transmit, distribute, store, alter, or destroy material that is not entirely your own, or in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others, or violate the privacy, publicity or other personal rights of others.
  • Post, transmit, distribute or store any advertising, promotion or solicitation of goods or services for commercial purposes;
  • Post, transmit, distribute or store any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component;
  • Post, transmit, distribute or store any incomplete, false or inaccurate information about yourself, your organization, and/or your postings;
  • Use any device, software, or routine to interfere (or attempt to interfere) with the proper working of this Site or any activity being conducted on this Site;
  • Take any action that imposes an unreasonable or disproportionately large load on this Site’s infrastructure (including without limitation “flooding,” “spamming,” “mailbombing,” or “crashing” the Site);
  • Use or attempt to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the search engine and search agents available from the Company on this Site and other than generally available third party Web browsers (e.g., Google Chrome, Mozilla FireFox, Microsoft Explorer, etc.);
  • Access data not intended for you or logging into a server or account that you are not authorized to access;
  • Probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
  • Disclose to, or share your Product Code with a third party for any unauthorized purpose, or in any way allow any third party to access a non-public area of the Site.

While using the Site or Site-related services, you agree to comply with all applicable laws, rules and regulations in connection with the Site and Site-related services.

The Company has no obligation to monitor the Site or Site-related services. However, you acknowledge and agree that the Company has the right to monitor the Site and Site-related services and to disclose any information necessary to operate the Site properly, to protect itself, its sponsors, customers, and users, and to comply with legal obligations or governmental requests. The Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that are unacceptable, offensive or in violation of this Agreement. The Company also reserves the right to prohibit any user who, in the Company’s sole discretion, violates the Conduct Rules or other terms of this Agreement from using the Site and related services. Such prohibition may occur without notice to the user.

5. USE OF SECURE AREA AND PRODUCT CODE
Use of any product code-protected area of the Site is restricted to the individuals or companies who have been given permission and a product code to enter such area (the “Authorized Party”). The product code shall not be distributed to others, and the Authorized Party is responsible for any and all damages to the Company resulting from the distribution of his, her or a company’s product code.

6. MAKING PURCHASES
While not available at this time, should product purchases in the future be available directly from the site, purchasing any of the products or services described on the Site, you represent that you have complete authority to (i) enter into the purchase or license agreement(s) on behalf of yourself or your company and (ii) accept the charges for any products that you purchase. You agree to review and to comply with the terms and conditions of any specific agreement that you enter into with HireAbility (or any merchant and/or service provider through the Site) in connection with the licensing or purchase of any product or service, including but not limited to the Terms of Use. You warrant that all information that you provide to HireAbility (or any merchant or service provider through HireAbility) including but not limited to credit card and other payment information, will be accurate, complete and current.

Users buying HireAbility’s products or services understand payment is due in advance, and that each of your HireAbility accounts will automatically shut down at renewal time unless payment for the new term is received. If you fail to remit payment when due, HireAbility may without notice and in its sole discretion terminate your purchase until such time as your account is made current. You also agree to be liable for all reasonable attorneys’ fees, costs and/or disbursements incurred by HireAbility relating to the collection of your unpaid account. You acknowledge that HireAbility does not provide refunds and agree that you shall not be entitled to any refund whatsoever. If you believe HireAbility has billed you incorrectly, you must notify HireAbility in writing at sales@hireAbility.com (and confirm receipt in writing of the written notice) no later than thirty (30) days after the billing date on the first billing statement in which the disputed amount appeared in order to receive an adjustment or credit. All charges that occurred more that thirty (30) days prior to the billing date on the your billing statement shall be deemed acceptable by you.

7. USER INFORMATION AND PRIVACY POLICY
The Privacy Policy posted on the Site is incorporated in this Agreement by this reference. The Privacy Policy governs data collected through HireAbility’s on-line operations only. In addition, HireAbility reserves the right to comply, in its sole discretion, with legal requirements.

8. ACKNOWLEDGMENT
This Site may contain links to other Web sites operated by third parties (“Linked Sites”). The Company provides these links to assist you in locating resources that may interest you. You acknowledge that, when you click on a link to visit a Linked Site, a frame may appear that contains the HireAbility logo, advertisements and/or other content selected by HireAbility. You acknowledge that HireAbility and its sponsors do not endorse the third-party web site; are not responsible for the content of linked third-party sites or any material contained in a Linked Site; and do not make any representations regarding the content, or accuracy of materials on such third party Web sites. You also acknowledge that the owner of the Linked Site does not endorse HireAbility and its sponsors.

9. SUBMISSIONS 
You acknowledge and agree that, by submitting any resource, link, applet, information, content or other materials (“Content”) to HireAbility, you grant HireAbility a nonexclusive, royalty-free, irrevocable worldwide license to link to, reproduce, distribute, adapt, perform, display, and sublicense the submitted Content. Further, by submitting Content to HireAbility, you acknowledge that you have the authority to grant such rights to HireAbility. PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OF ANY CONTENT YOU SUBMIT.

None of the Content is endorsed by the Company, and the Company cannot and does not make any representations with respect to the truth or reliability of the Content. The Company reserves the right to remove any Content, in whole or in part, from the Site.

Communications between the Company and the users of the Site are not confidential.

10. VOID WHERE PROHIBITED; INDEMNIFICATION
Although the Site is accessible worldwide, not all products or services discussed or referenced in the Site are available to all persons or in all geographic locations or jurisdictions. HireAbility reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires. You agree to indemnify, defend and hold harmless HireAbility and its sponsors against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) your violation of the Conduct Rules and/or (c) your activities in connection with the Site or Site-related services.

11. INTELLECTUAL PROPERTY
The trademarks and service marks (collectively, the “Intellectual Property”)used or displayed on this Site are registered and/or unregistered Intellectual Property of the Company, unless otherwise noted. Nothing in this Site should be construed as granting, by implication or otherwise, any license or right to use any Intellectual Property displayed on the Site without the express written permission of the Company or the owner of the Intellectual Property. The name “HireAbility ” and any of the HireAbility.com logos or other Intellectual Property may not be used in any way without the Company’s express written permission.

12. NO GUARANTEES
The possibility exists that the Site may include inaccuracies or errors. Additionally, the possibility exists that unauthorized additions, deletions and alterations could be made by third parties to the Site. Although HireAbility attempts to ensure the integrity and the accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. In the event that such an inaccuracy arises, please inform HireAbility so that it may be promptly corrected.

13. WARRANTY INFORMATION; DISCLAIMER
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE SITE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NEITHER HIREABILITY, ITS AFFILIATES, NOR ITS SPONSORS MAKES ANY REPRESENTATION AS TO THE RESULTS, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMLINESS TO BE OBTAINED FROM USE OF THE SITE OR THE SITE-RELATED SERVICES.

YOU AGREE NOT TO HOLD HIREABILITY RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY IN CONNECTION WITH THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOU ALSO ACKNOWLEDGE THAT ACCESS TO THE SITE AND/OR RELATED SERVICES WILL NOT BE FREE OF INTERRUPTIONS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE.

HIREABILITY DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, HIREABILITY IS NOT RESPONSIBLE FOR THOSE COSTS.

HIREABILITY, ITS AFFILIATES, AND/OR ITS SPONSORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

13.1 No endorsements by HireAbility. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its Web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.

13.2 No Guaranty of Results. HireAbility makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the objectives of Users.

14. MISCELLANEOUS
This Agreement is entered into in the State of New Hampshire and shall be governed by and construed in accordance with the laws of the State of New Hampshire, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in Hillsborough County in the State of New Hampshire and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Failure of any party to insist upon strict compliance with any of the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of any similar right or power at any subsequent time.

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. The Company may (i) change the terms of this Agreement, (ii) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability or limiting the amount of use permitted, or (iii) change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services or any feature thereof. You agree that each time you visit the Site, you shall be subject to and bound by the current terms of this Agreement. In addition, certain areas of this Site are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to and contained in such areas. The Company reserves the right in its sole discretion to terminate the use of the Site by a user at any time. If you use the Site after the Company has notified you of a change in the Agreement, you agree to be bound by all of the changes. You are expected to review the Company’s Terms of Use periodically to ensure familiarity with the most current version.

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