1. Introduction. Please
read this page carefully. It contains the terms and conditions (the “Terms and
Conditions”) governing your access to and use of the Career Site (as defined
below) provided by AutomotoSocial, LLC (“AutomotoHR”) on behalf of the Employer. If you do not
accept these Terms and Conditions or you do not meet or comply with their
provisions, you may not use the AutomotoHR Career
Site or Services. These Terms and Conditions are effective as of November 17,
2015.
2. Binding Agreement.
These Terms and Conditions (as they may be amended from time to time by AutomotoHR) form a binding agreement (the
"Agreement") between you and AutomotoHR.
Your access to or use of the AutomotoHR Career
Site or Services indicates your acceptance of these Terms and Conditions.
You are agreeing to use the Career Site at your own risk.
3. Certain Definitions. The following definitions apply to
this Agreement:
3.1 “AutomotoHR Materials” includes any materials,
methodologies, implementation plans or other intellectual property used during
the provision of Services.
3.2 “Content”
includes all Text, Graphics, Design and Programming used on the Career Site.
3.3 “Design”
includes the color combinations and the page layout of the Career Site.
3.4 “Document”
refers to any posting to the Career Site, whether job or resume.
3.5 “Employer”
means the person or entity whose career and employment opportunities are
promoted on this Career Site.
3.6 “Graphics”
includes all logos, buttons, and other graphical elements on the Career
Site, with the exception of paid advertising banners.
3.7 “Job Seeker”
means a User who is accessing the Career Site to search for a job or in any
other capacity except as an Employer.
3.8 “Programming”
includes both client-side code (e.g. HTML, JavaScript, etc.) and server-side
code (e.g. active server pages, VBScript, databases, etc.) used on the Career
Site.
3.9 “Services”
means any services provided by AutomotoHR or its
agents.
3.10 “Career Site”
means a recruiting platform operated by AutomotoHR on
behalf of the Employer and includes the Content, Text, Graphics, Design,
Programming, AutomotoHR Materials and Services (as
applicable in each context).
3.11 “Text”
includes all text on every page of the Career Site, whether editorial,
navigational, or instructional.
3.12 “User”
refers to any individual or entity that uses any aspect of the Career Site.
3.13 “You” or “you”
means the person who (or the entity on behalf of whom you are acting) that is
agreeing to these Terms and Conditions.
4. Intellectual Property Rights and
Acceptable Use of the Career Site and Services.
4.1 General Use
Rules. The Career Site is intended for individuals seeking employment
and for employers or recruiters seeking candidates for employment. You may use
the Career Site only for lawful purposes within the stated context of AutomotoHR intended and acceptable use of the Career
Site. AutomotoHR is the sole interpreter of the
Career Site’s intended and acceptable use.
4.2 AutomotoHR Intellectual Property Rights. The Career
Site, the AutomotoHR Materials and all right,
title and interest in and to the Career Site and AutomotoHR
Materials are the sole property of AutomotoHR or its
licensors, and are protected by United States and foreign copyright, trademark
and other laws. Except for the limited licenses expressly granted to you in
these Terms and Conditions, AutomotoHR reserves for
itself and its licensors all other rights, title and interest. Without
limitation on the foregoing, you may not reproduce, modify, display, sell, or
distribute the Content or AutomotoHR Materials, or
use them in any other way for public or commercial purpose. Notwithstanding
anything to the contrary contained herein, this prohibition includes: (a)
copying or adapting the HTML code used to generate web pages on the Career
Site; (b) using or attempting to use engines, manual or automated software,
tools, devices, agents, scripts robots or other means, devices, mechanisms or
processes (including, but not limited to, browsers, spiders, robots, avatars or
intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider”
any web pages or any Services provided on the Career Site other than the
search engine and search agents available from AutomotoHR
on such Career Site and other than generally available third party web
browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating,
copying or duplicating in any manner any of the Content or information
available from any of the Career Site, without the express written consent
of AutomotoHR. The use of the Content on any other
web site or in a networked computer environment for any purpose is strictly
prohibited. "AutomotoHR “Personified”, the AutomotoHR design logo and certain other names or logos are
service marks or trademarks of AutomotoHR, and all
related product and service names, design marks and slogans are the service marks
or trademarks of AutomotoHR. In addition, the
"look" and "feel" of the Career Site (including color
combinations, button shapes, layout, design and all other graphical elements)
are also protected by AutomotoHR trademarks, service
marks and copyrights. Any code that AutomotoHR
creates to generate or display the Content or the pages making up the Career
Site is also protected by AutomotoHR copyright.
You must retain all copyright, trademark, service mark and other proprietary
notices contained on the Content or AutomotoHR
Materials on any authorized copy you make of the Content or AutomotoHR
Materials. All other product and service marks contained on the Career Site
are the trademarks of their respective owners.
4.3 License for Use
by Job Seekers. AutomotoHR hereby grants you a
limited, terminable, non-exclusive right to access and use the Career Site
only for your personal use seeking employment opportunities for yourself. This
authorizes you to view and download a single copy of the material on the Career
Site solely for your personal, non-commercial use. You agree that you are
solely responsible for the content of any Document you post to the Career
Site and any consequences arising from such posting. Your use of the Career
site is a privilege. AutomotoHR reserves the right
to suspend or terminate that privilege for any reason at any time, in its sole
discretion.
4.4 Other Specific
Rules Regarding Site Usage. You represent, warrant and agree that you (a)
are at least 13 years of age or older, and if under the age of 18 or the age of
majority as that is defined in your jurisdiction, you will only use the Career
Site and Services under the supervision of a parent, legal guardian, or
other responsible adult; and (b) will not use (or plan, encourage or help
others to use) the Career Site for any purpose or in any manner that is
prohibited by these Terms and Conditions or by applicable law. It is your
responsibility to ensure that your use of the Career Site complies with
these Terms and Conditions and all applicable laws.
4.5 User Submissions.
AutomotoHR welcomes your comments regarding the
Services and the Career Site and appreciates hearing from you. Please note,
however, that AutomotoHR does not accept or consider
creative ideas, suggestions, inventions or materials other than those which it
has specifically requested. If you submit feedback on the Services, please be
specific in your comments and do not submit creative ideas, inventions,
suggestions, or materials. If, despite this notice, you send AutomotoHR creative suggestions, ideas, drawings, concepts,
inventions, or other information (a "User Submission"), you
understand and agree that the User Submission shall become the property of AutomotoHR. User Submissions and any elements contained in
User Submissions, shall not be subject to any obligation of confidentiality on AutomotoHR part, and AutomotoHR will
not be liable for any use or disclosure of any User Submission. AutomotoHR shall exclusively own all now known or later
discovered rights to the User Submission and shall be entitled to unrestricted
use of the User Submission for any purpose whatsoever, commercial or otherwise,
without compensation to you or any other person.
5. Disclaimers and Limitations on AutomotoHR Liability.
5.1 Allocation of
Responsibility AutomotoHR assumes no
responsibility for Documents posted by Users and no responsibility for the
activities, omissions or other conduct of Users. AutomotoHR
acts as a portal for the online distribution and publication of User submitted
information and has no obligation to screen communications or information in
advance and is not responsible for screening or monitoring Documents posted by
Users. If notified by a User of a Document which allegedly does not conform to
these Terms and Conditions, AutomotoHR may
investigate the allegation and determine in good faith and in its sole
discretion whether to remove or request the removal of such Document. AutomotoHR has no liability or responsibility to Users for
performance or nonperformance of such activities. AutomotoHR
may take any action with respect to User submitted information that it deems
necessary or appropriate, in its sole discretion.
5.2 No endorsements
by AutomotoHR. Nothing on the Career 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.
5.3 WARRANTY
DISCLAIMERS.
(a) THE CAREER SITE IS PROVIDED ON AN 'AS IS' BASIS
WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. AutomotoHR, TO THE
FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD
PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. AutomotoHR MAKES NO
WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE
CAREER SITE.
(b) WITHOUT LIMITATION ON THE FOREGOING:
(i) AutomotoHR DOES NOT WARRANT
THAT THE CAREER SITE WILL OPERATE ERROR-FREE OR THAT THE CAREER SITE AND
ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR
USE OF THE CAREER SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING
OR REPLACING EQUIPMENT OR DATA, AutomotoHR IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) AutomotoHR MAKES NO REPRESENTATIONS OR GUARANTEES
REGARDING THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR
RELIABILITY OF ANY DOCUMENTS POSTED BY USERS, OR OF ANY OTHER FORM OF
COMMUNICATION ENGAGED IN BY USERS. DOCUMENTS MAY CONTAIN INACCURACIES OR
TYPOGRAPHICAL ERRORS. YOU AGREE THAT ANY RELIANCE ON DOCUMENTS POSTED BY USERS,
OR ON ANY OTHER FORM OF COMMUNICATION WITH USERS, WILL BE AT YOUR OWN RISK.
(iii) AutomotoHR MAKES NO REPRESENTATIONS OR GUARANTEES
REGARDING THE CONTENT OF THE CAREER SITE, INCLUDING, BUT NOT LIMITED TO,
BROKEN LINKS, INACCURACIES OR TYPOGRAPHICAL ERRORS.
(iv) AutomotoHR MAKES NO
REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR
TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. AutomotoHR DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED,
POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR
LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR
WHATEVER REASON MADE, MADE BY YOU.
5.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND
EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF
THE CAREER SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR
ACCESS AND FOR YOUR CONDUCT ON AND OFF THE CAREER SITE.
(b) IN NO EVENT SHALL AutomotoHR (OR ANY OF ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS),
BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING
FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO,
OR THE INABILITY TO USE OR ACCESS, THE CAREER SITE AND/OR ANY DOCUMENT,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT AutomotoHR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
SECTION SHALL NOT APPLY TO ANY PAYMENT AND INDEMNIFICATION OBLIGATIONS
DESCRIBED HEREIN.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF
ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN AutomotoHR MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO
U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL AutomotoHR (OR ANY OF ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR
ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF
US$200.00.
(e) DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO
MONEY DAMAGES, YOU AGREE THAT AutomotoHR WILL BE ENTITLED TO EQUITABLE RELIEF
UPON A BREACH OF THIS AGREEMENT BY YOU.
5.5 User
Authentication. Because User authentication on the Internet is difficult, AutomotoHR cannot and does not confirm that each User is
who they claim to be. Because AutomotoHR does not and
cannot be involved in User-to-User dealings or control the behavior of
participants on the Career Site, in the event that you have a dispute with
one or more Users, you release AutomotoHR from
claims, demands and damages (actual and consequential and direct and indirect)
of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with such
disputes.
5.6 California
Residents. If you are a California resident, you waive California Civil
Code Section 1542, which says: "A general release does not extend to
claims which the creditor does not know or suspect to exist in his or her favor
at the time of executing the release, which if known by him or her must have
materially affected his or her settlement with the debtor."
6. Links to Other
Sites. The Career Site may contain links to third party web sites. These
links are provided solely as a convenience to you and not as an endorsement by AutomotoHR of the contents on such third-party web sites. AutomotoHR is not responsible for the content of linked
third-party sites and does not make any representations regarding the content
or accuracy of materials on such third-party web sites. If you decide to access
linked third-party web sites, you do so at your own risk.
7. Amendments to this
Agreement and Changes to the Career Site. AutomotoHR
may revise these Terms and Conditions at any time by updating this page.
Changes will be binding on you on the date they are posted on the Career
Site (or as otherwise stated in any notice of such changes). Any use of the
Career Site will be considered acceptance by you of the then-current Terms
and Conditions (including any exhibits thereto) contained on such Career
Site. If at any time you find the Terms and Conditions unacceptable, you
must not use the applicable Career Site any longer. Any new or different
terms supplied by you are specifically rejected by AutomotoHR
unless AutomotoHR agrees to them in a signed writing
specifically including those new or different terms. AutomotoHR
may change the Career Site at any time.
8. Indemnity. You
agree to defend, indemnify, and hold harmless AutomotoHR
(and its officers, directors, shareholders, employees, subsidiaries,
affiliates, agents or advertisers) from and against any third party claims,
actions or demands (including, without limitation, costs, damages and
reasonable legal and accounting fees) alleging or resulting from or in
connection with your use of the Career Site, any Document posted by you,
your use of the Services or your breach of this Agreement. AutomotoHR
shall use reasonable efforts to provide you prompt
notice of any such claim, suit, or proceeding and may assist you, at your
expense, in defending any such claim, suit or proceeding.
9. User Information and Privacy
Policy.
9.1 When you register
on the Career Site or in connection with the Services, you will be asked
to create an account and provide AutomotoHR with
certain information, including but not limited to, a valid email address (“User
Information”). You acknowledge and agree that you have no ownership rights in
your account.
9.2 All User
Information will be used in accordance with the terms of the Career Site
Privacy Policy. Please note, as set forth in the Privacy Policy, that AutomotoHR may collect certain User Information (including
an email address and other contact information) and may use such information to
contact Users periodically in accordance with the terms of the Privacy Policy,
including to send Users electronic marketing and promotional communications,
inform Users of relevant job postings that may be of interest to them, and
provide Users with administrative notices and communications. Users can
withdraw their consent at any time from receiving marketing and promotional
communications from AutomotoHR. In addition, as set
forth in the Career Site Privacy Policy, AutomotoHR
also will share your contact information (including your email address) with
the employer on whose behalf AutomotoHR operates this
Career Site. That employer may use your information to contact you directly,
including by email, at the contact information you have provided. In addition, AutomotoHR reserves the right to comply, in its sole
discretion, with legal requirements, requests from law enforcement agencies or
requests from government entities, even to the extent that such compliance may
require disclosure of certain User Information. In addition, third parties may
retain cached copies of User Information.
10. Questions and Notices.
Questions concerning the use of the Career Site should be directed to
Feedback. Notices to AutomotoHR should be sent to the
address listed on the Career Site. We will send notice to you at the address
submitted by you or to such other address as AutomotoHR
reasonably determines is an appropriate address for you.
11. General. AutomotoHR contact information is listed on the Career
Site. AutomotoHR makes no claims that the Content
is appropriate or may be downloaded outside of the United States. Access to the
Content may not be legal by certain persons or in certain countries, and such
persons have no right to access or use the Career Site. If you access the
Career Site from outside of the United States, you do so at your own risk
and are responsible for compliance with the laws of your jurisdiction. This
Agreement is governed by the internal substantive laws of the State of
California, without respect to its conflict of laws principles. Jurisdiction
for any claims arising under this Agreement or your Service Activation
Agreement shall lie exclusively with the state or federal courts in the State
of California. The sole relationship between you and AutomotoHR
is that of independent contractors. If any provision of this Agreement is found
to be invalid by any court having competent jurisdiction, the invalidity of all
or part of a provision shall not affect the validity of the remaining parts and
provisions of this Agreement, which shall remain in full force and effect. All
provisions of this Agreement shall survive termination except those granting
access or use to the Career Site, and you shall cease all your use and
access thereof immediately. You may not assign or transfer your obligations
under this Agreement. No waiver of any term of this Agreement shall be deemed a
further or continuing waiver of such term or any other term. Except as
expressly provided by AutomotoHR in a particular
"Legal Notice," or material on particular web pages of the Career
Site, this Agreement and your Service Activation Agreement where applicable,
constitute the entire agreement between you and AutomotoHR.
12. Rules regarding Posting, Conduct
and Security.
The following rules apply to your use of the Career Site
and/or the Services. The list of rules is for illustration only and is not a
complete list of all posting, conduct and security rules.
12.1 Posting Rules:
(a) You may not post any Document to the Career Site that
contains: (i) URLs or links to web sites (to
advertise your company or web site, see our Advertising Info page.); (ii)
copyrighted material (unless you own the copyright or have the owner's
permission to post the copyrighted material); (iii) trade secrets (unless you
own them or have the owner's permission to post them); (iv) material that
infringes on or misappropriates any other intellectual property rights, or violates
the privacy or publicity rights of others; (v) keywords or white text keywords
(including any words embedded in the Document and hidden from the User); (vi)
anything that is discriminatory, sexually explicit, obscene, libelous,
defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that
is embarrassing or offensive to another person or entity.
(b) You may not use a Document(s) to: (i)
impersonate another person, living or dead; (ii) post false, inaccurate or
misleading information, opinions or notices (commercial or otherwise) or chain
letters; (iii) post advertisements, or solicitations of business (including,
but not limited to, email processors, any pyramid scheme or “club membership”).
(c) Your Document(s) must contain sufficient detail to
convey clearly to the Employer your qualifications as a candidate for
employment. Documents that encourage the User to "email for more
details" are not permitted. Documents from any third party charging a fee
or restricting complete access to all resume information are prohibited.
(d) Resume postings must contain the accurate resume of a
living individual seeking employment on a full-time, part-time, or contractual
basis on his or her own behalf.
(e) AutomotoHR is under no
obligation to monitor the Documents posted on the Career Site, but it may
monitor Documents at random. Documents found to violate the above Posting Rules
may be removed at AutomotoHR sole discretion.
12.2 Conduct Rules:
(a) You may not respond to postings by other Users in any
manner or for any purpose other than that which is expected (i.e., to apply for
the job with the Employer). Communications soliciting the Employer's business
are prohibited.
(b) You may not send unsolicited commercial email to Users,
including electronic communications that offer, advertise, market or promote a
product or service.
(c) Protect your password. You are responsible for
maintaining the confidentiality of your information and password. You are
responsible for all uses of your registration, whether or not authorized by
you. If others use your password to post inappropriate material on the Career
Site, you risk losing your access to the Career Site. You agree to notify
AutomotoHR immediately of any unauthorized use of
your registration and password.
(d) Report inappropriate postings or conduct to Feedback.
(e) You may not delete or revise any material posted by any
other person or entity.
(f) If at any time AutomotoHR
comes to the understanding that you: (i) misled AutomotoHR regarding your business practices and/or
services, or (ii) purchased services that do not represent your precise
business, AutomotoHR reserves the right to terminate
your Agreement.
12.3 Security Rules:
(a) Users are prohibited from violating or attempting to violate
the security of the Career Site, including, without limitation: (i) accessing data not intended for such User or logging
into a server or account which the User is not authorized to access; (ii)
attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization;
(iii) attempting to interfere with service to any User, host or network,
including, without limitation, via means of submitting a virus to the Career Site,
overloading, "flooding", mailbombing or
"crashing"; (iv) sending unsolicited e-mail or other electronic
communications, including promotions and/or advertising of products or
services; (v) forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting or providing false or misleading
representations in the sender information, subject line, locator, or content of
any electronic message; (iv) altering transmission data without consent; (v)
harvesting e-mail or other electronic addresses through automated means without
consent.
(b) Violation of these Security Rules may result in civil or
criminal liability. AutomotoHR will investigate
occurrences which may involve such violations and may involve, and cooperate with,
law enforcement authorities in prosecuting Users who are involved in such
violations.
13. Copyright Complaints.
13.1 AutomotoHR respects the intellectual property of others.
It is AutomotoHR's policy to respond to claims of copyright and other intellectual
property infringement. AutomotoHR will promptly
process and investigate notices of alleged infringement and will take
appropriate actions under the Digital Millennium Copyright Act
("DMCA") and other applicable intellectual property laws. Upon receipt
of notices complying with the DMCA, AutomotoHR may
act expeditiously to remove or disable access to any material claimed to be
infringing or claimed to be the subject of infringing activity and may act
expeditiously to remove or disable access to any reference or link to material
or activity that is claimed to be infringing. AutomotoHR
will terminate access for Users who are repeat infringers.
13.2 Notifying AutomotoHR of Copyright Infringement: To provide AutomotoHR notice of an infringement, you must provide a
written communication to the attention of "Trust and Site Security"
care of Support@AutomotoHR.com that sets forth the information specified by
the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please also note
that you may be liable for damages (including costs and attorneys' fees) if you
materially misrepresent that an activity is infringing your copyright.
13.3 Providing AutomotoHR with Counter-Notification: If we remove or
disable access to content in response to an infringement notice, we will make
reasonable attempts to contact the owner or administrator of the affected site
or content. If you feel that your material does not constitute infringement,
you may provide AutomotoHR with a counter
notification by written communication to the attention of "Trust and Site
Security" at Support@AutomotoHR.com that sets forth all of the
necessary information required by the DMCA
(http://www.copyright.gov/title17/92chap5.html#512). Please note that you may
be liable for damages (including costs and attorneys' fees) if you materially
misrepresent that an activity is not infringing the copyrights of others. If
you are uncertain whether an activity constitutes infringement, we recommended
seeking advice of an attorney
Crossville, Tennessee, United States
