Terms & Conditions
JOB POSTING AGREEMENT
Posting Entity:
You may only Post Jobs for yourself or your current employer or, if you are an advertising agency, for your client. You warrant and represent that you have the power and authority to enter into this Agreement and perform the obligations hereunder and that you are personally responsible for any charges incurred through your account. You may not resell or transfer access to WhoYouHire Ads to any other party. Your account is for your express use only and not transferable or assignable to anyone else inside or outside your organization.
Job Post Content Guidelines:
You agree not to use WhoYouHire Job Post services for any unlawful purpose, including, without limitation, advertising any product or service that would violate any federal, state, local or foreign laws, regulations, administrative or judicial order. You agree to abide by all local and Federal laws for any content included in, activity related to or processes involving Job Posts.
WhoYouHire has the editorial discretion to reject or cease serving any Job Post for any reason at any time, regardless of whether or not such advertisement was previously accepted or served.
Payment:
You agree to pay for all fees you incur in connection with job post including any job posts placed by you on behalf of your employer and regardless of the payment instrument used, and you hereby either: (i) grant WhoYouHire the right to regularly charge the credit card you have provided in your account information as means of satisfying the fees you owe; or (ii) agree to pay invoices for the fees you owe net 30 from the date of invoice.
WhoYouHire reserves the right to change which credit cards or invoiced customers it accepts in its sole discretion and (a) you may be required to modify your account to provide a then-acceptable credit card in order to maintain your account and (b) your only recourse if you are not satisfied with the then-accepted payment options is to cancel your advertisements, provided that you will nevertheless be responsible for all fees incurred for when your ad ran prior to cancellation.
Amounts you pay pursuant to the Job Posting service are non-refundable.
Removal of Job Posts by WhoYouHire:
WhoYouHire reserves the right to remove any advertisement at any time, with cause due to a violation of WhoYouHire.com's User Agreement, this Agreement, or any other agreement between you and WhoYouHire. As a consequence of your violation of any of the aforementioned agreements, WhoYouHire may, at its sole discretion, prohibit you from any further participation in the WhoYouHire Job Posts service and any other service or program offered by WhoYouHire, or suspend or remove your WhoYouHire account. WhoYouHire may undertake technical measures in furtherance of such prohibition.
WhoYouHire shall also have the right to remove or modify any Job Post at any time without cause as WhoYouHire determines in its sole discretion. WhoYouHire is not required to provide you with any explanation for its removal of any advertising and you agree that all of WhoYouHire decisions relating to the placement and removal of advertising shall be final and binding.
No Guarantees:
WhoYouHire does not guarantee the results or distribution of any Job Post in any manner. WhoYouHire does not guarantee you any number of impressions through WhoYouHire Job Posts. WhoYouHire does not screen or attempt to verify the accuracy of any information on the WhoYouHire.com site or in the member profiles, and, as such, does not guarantee the identity or personal information of the individuals who may apply to your Job Post.
Non-Exclusive:
This contract is not exclusive as to your business, products or services. WhoYouHire retains the complete and unqualified right to solicit the business of and Job Posts from persons and entities that may be in competition with your business.
Ownership:
All materials and information on or available through the WhoYouHire Job Posts service, including, without limitation, content, are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to WhoYouHire (collectively, "WhoYouHire Intellectual Property Rights").
You are granting WhoYouHire a non-exclusive, fully paid up and royalty-free right to use, reproduce, and distribute any content you create, including the content of your advertisement for use in connection with the WhoYouHire Job Post service. You are also, by creating a Job Post, granting WhoYouHire a non-exclusive, fully paid up and royalty-free right to use, reproduce, and communicate the name and trademarks of your organization as an advertiser on WhoYouHire.com, unless requested otherwise in writing to WhoYouHire's customer service department. WhoYouHire shall also have the non-exclusive, fully-paid up and royalty free, perpetual right to use any advertisements placed through the WhoYouHire Job Post service, and the name, trademarks and logos of any person or company on whose behalf a placement has been made, in connection with WhoYouHire's promotion of the service.
Communication:
You agree to abide by all applicable laws when communicating with candidates through WhoYouHire. Communications between Job Posters and applicants may, but are not required to be, monitored by WhoYouHire employees.
Accuracy and Exclusivity of Applicant Data:
Profile data in applications is created and maintained by the applying user through their User Profile. User Profile information may be used by the applicant for any purposes as permitted through the WhoYouHire Terms of Use and is not exclusive to any single employer. In the event that a user submits an application to more than one employer, their full User Profile information will be available to any Employers to whom they apply.
Cover Letters submitted by applicants and answers to Prequalification Questions included in a Job Post are for the exclusive use and viewing of the specific Employer which created the Job Post.
USER AGREEMENT
INTRODUCTION.
Purpose.
WhoYouHire acts as a venue for employers and professionals to connect in order to make themselves more productive. WhoYouHire does not screen or censor User or Company Profiles nor is involved in actual transactions between employers and candidates. As a result, WhoYouHire has no control over User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and WhoYouHire makes no representations about any jobs, resumes or User Content. WhoYouHire may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion to remove User Content, job postings, resumes or any material from the site from time to time, WhoYouHire does not assume any obligation to do so and disclaims any liability for failing to take such action.
Scope and Intent.
You agree that by registering on WhoYouHire, or by using the our website, including our mobile applications or other information provided as part of the WhoYouHire services (collectively “WhoYouHire” or the “Services”), you are entering into a legally binding agreement with WhoYouHire, LLC based on the terms of this WhoYouHire User Agreement and the WhoYouHire Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”) and become a WhoYouHire user (“User”).
If you are using WhoYouHire on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a WhoYouHire User, do not conclude the Agreement, do NOT click “Register” and do not access, view, download or otherwise use any WhoYouHire webpage, information or services. By clicking “Register,” you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “Register,” you also consent to use electronic signatures and acknowledge your click of the “Register” button as one. Please note that the WhoYouHire User Agreement and Privacy Policy are also collectively referred to as WhoYouHire’s “Terms of Service.”
YOUR OBLIGATIONS.
Applicable laws and this Agreement
You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, as well as the policies and processes explained in the DOs and DON’Ts section and the WhoYouHire Privacy Policy.
License and warranty for your submissions to WhoYouHire.
You own the information you provide WhoYouHire under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant WhoYouHire a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to WhoYouHire, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to WhoYouHire, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your WhoYouHire profile information accurate and updated.
Service Eligibility.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a WhoYouHire account, (3) are not a competitor of WhoYouHire or are not using the Services for reasons that are in competition with WhoYouHire; (4) will only maintain one WhoYouHire account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of WhoYouHire, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
Sign-In Credentials.
You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring your WhoYouHire account to another party; and (5) refrain from charging anyone for access to any portion of WhoYouHire, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please contact WhoYouHire’s customer service department.
Indemnification.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through WhoYouHire.
Payment.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis, you agree to have your credit card information stored. You also agree to pay the applicable fees as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription.
Notifications and Service Messages.
For purposes of service messages and notices about the Services to you, WhoYouHire may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from WhoYouHire to an email address associated with your account, even if we have other contact information. You also agree that WhoYouHire may communicate with you through your WhoYouHire account or through other means including email, mobile number, telephone, or delivery services including the postal service about your WhoYouHire account or services associated with WhoYouHire. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
User-to-User Communication.
WhoYouHire enables sharing of information by allowing users to post updates, including links to news articles and other information such as job opportunities, product recommendations, and other content to their profile and other parts of the site.
Privacy.
You should carefully read our full Privacy Policy before deciding to become a User as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to WhoYouHire, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.
YOUR RIGHTS.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of WhoYouHire or its Users), view information and use the Services that we provide on WhoYouHire webpages and in accordance with this Agreement. Any other use of WhoYouHire contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from WhoYouHire commercially unless expressly authorized by WhoYouHire) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in WhoYouHire and all related items, including any and all copies made of the WhoYouHire website.
OUR RIGHTS AND OBLIGATIONS.
Services Availability.
For as long as WhoYouHire continues to offer the Services, WhoYouHire shall provide and seek to update, improve and expand the Services. As a result, we allow you to access WhoYouHire as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue WhoYouHire, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. WhoYouHire further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by WhoYouHire to be contrary to this Agreement. For avoidance of doubt, WhoYouHire has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
Disclosure of User Information.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of WhoYouHire, our Users or the public.
Connections and Interactions with other Users.
WhoYouHire reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if WhoYouHire determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
DISCLAIMER.
DO NOT RELY ON WHOYOUHIRE, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR WHOYOUHIRE AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHOYOUHIRE DOES NOT CONTORL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY WHOYOUHIRE OR ANYTHING RELATED TO WHOYOUHIRE, YOU MAY CLOSE YOUR WHOYOUHIRE ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
WHOYOUHIRE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH WHOYOUHIRE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE, OR TECHNOLOGY.
WHOYOUHIRE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, WHOYOUHIRE DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
WHOYOUHIRE DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WHOYOUHIRE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, WHOYOUHIRE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE WHOYOUHIRE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
LIMITATION OF LIABILITY.
Neither WhoYouHire nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“WhoYouHire Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from WhoYouHire. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
Not apply to any damage that WhoYouHire may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
TERMINATION.
Mutual rights of termination.
You may terminate this Agreement, for any or no reason, at any time, with notice to WhoYouHire pursuant to Section 9.C. This notice will be effective upon WhoYouHire processing your notice. WhoYouHire may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only WhoYouHire or the party paying for the services may terminate your access to any Premium Services. Termination of your WhoYouHire account includes disabling your access to WhoYouHire and may also bar you from any future use of WhoYouHire.
Misuse of the Services.
WhoYouHire may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services abusing the WhoYouHire messaging services; creating multiple or false profiles; using the Services commercially without WhoYouHire’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that WhoYouHire, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, WhoYouHire has adopted a policy of terminating accounts of Users who, in WhoYouHire’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
Effect of Termination.
Upon the termination of your WhoYouHire account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Sections 3 (“Your Rights”) and 4.a-b, and d (“Our Rights and Obligations”) hereof.
DISPUTE RESOLUTION
Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of California regardless of your country of origin or where you access WhoYouHire, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and WhoYouHire agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Santa Barbara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and WhoYouHire agree to submit to the personal jurisdiction of the courts located within Santa Barbara County, California for the purpose of litigating all such claims. Notwithstanding the above, you agree that WhoYouHire shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
GENERAL TERMS.
Severability.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
Entire Agreement.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other WhoYouHire services, third-party content or third party software.
Amendments to this Agreement.
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.HYPERLINK "http://www.linkedin.com/home"WhoYouHireHYPERLINK "http://www.linkedin.com/home".com or notifying you otherwise. For example, WhoYouHire presents a banner on the site when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time per Section 7 (Termination).
No informal waivers, agreements or representations.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any WhoYouHire Affiliate shall be deemed legally binding on any WhoYouHire Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of WhoYouHire.
No Injunctive Relief.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Assignment and Delegation.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, WhoYouHire Corporation for any third party that assumes our rights and obligations under this Agreement.
Potential Other Rights and Obligations.
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
WHOYOUHIRE USER “DOS” and “DON’TS.”
As a condition to access WhoYouHire, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
Do undertake the following:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and update it as necessary;
Review and comply with our Privacy Policy;
Review and comply with notices sent by WhoYouHire concerning the Services; and
Use the Services in a professional manner.
Don’t undertake the following:
Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to WhoYouHire;
Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
Create a user profile for anyone other than a natural person;
Harass, abuse or harm another person, including sending unwelcomed communications to others using WhoYouHire;
Upload a profile image that is not your likeness or a head-shot photo;
Use or attempt to use another's account without authorization from the Company, or create a false identity on WhoYouHire;
Upload, post, email, transmit or otherwise make available or initiate any content that:
Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by WhoYouHire);
Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using WhoYouHire invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using WhoYouHire to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of WhoYouHire or any User of WhoYouHire;
Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof
Utilize or copy information, content or any data you view on and/or obtain from WhoYouHire to provide any service that is competitive, in WhoYouHire’s sole discretion, with WhoYouHire;
Imply or state, directly or indirectly, that you are affiliated with or endorsed by WhoYouHire unless you have entered into a written agreement with WhoYouHire (this includes, but is not limited to, representing yourself as an accredited WhoYouHire trainer if you have not been certified by WhoYouHire as such);
Adapt, modify or create derivative works based on WhoYouHire or technology underlying the Services, or other Users’ content, in whole or part, except as permitted under WhoYouHire’s developer program;
Rent, lease, loan, trade, sell/re-sell access to WhoYouHire or any information therein, or the equivalent, in whole or part;
Sell, sponsor, or otherwise monetize a WhoYouHire Group or any other service or functionality of WhoYouHire, without the express written permission of WhoYouHire.
Remove any copyright, trademark or other proprietary rights notices contained in or on WhoYouHire, including those of both WhoYouHire and any of its licensors;
Remove, cover or otherwise obscure any form of advertisement included on WhoYouHire;
Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from WhoYouHire except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
Infringe or use WhoYouHire’s brand, logos and/or trademarks, including, without limitation, using the word “WhoYouHire” in any business name, email, or URL or including WhoYouHire’s trademarks and logos except as expressly permitted by WhoYouHire;
Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
Access, via automated or manual means or processes, WhoYouHire for purposes of monitoring WhoYouHire’s availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of WhoYouHire’s website;
Attempt to or actually override any security component included in or underlying WhoYouHire;
Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on WhoYouHire’s infrastructure, including, but not limited to, sending unsolicited communications to other Users or WhoYouHire personnel, attempting to gain unauthorized access to WhoYouHire, or transmitting or activating computer viruses through or on WhoYouHire;
