Last updated on January 1, 2019
Inroduction
Hello and welcome to hiringindicators.com (the “Site”), we hope you enjoy learning about us and our Reveal App. Please read these terms of use (“Terms of Use”) carefully because they are a binding agreement between you and LITMUS LLC dba Hiring Indicators, and its representatives and agents (Hiring Indicators, we, our or us). These Terms of Use apply to your use of the Site. You automatically agree to these Terms of Use and you acknowledge our Privacy Policy, as amended from time to time, by using or accessing the Site. If you do not agree with the Terms of Use, do not access or use this Site.
1. Your Use of the Site
Hiring Indicators owns and operates the Site. The materials, documents, information, source code and software available on the Site, including, for example, any information made available to you during a demo of our platform (a “Demo”) are collectively referred to as “Site Content.” The Site Content is protected by U.S. and international copyright, trademark and other intellectual property rights and is owned by or controlled by or licensed to us or our affiliates. ALL COPYING, DISPLAYING, REPRODUCTION, REPUBLISHING, DISTRIBUTING, DOWNLOADING, UPLOADING, POSTING, MODIFICATION, CREATION OF DERIVATIVE WORKS, TRANSMITTING, DUPLICATING OR EXPLOITING OF ANY OF THE SITE CONTENT, IN ANY ELECTRONIC MEDIUM OR IN HARD COPY OR OTHERWISE, IN VIOLATION OF THE COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS IS STRICTLY PROHIBITED. Hiring Indicators grants you a limited, revocable right to access and use the Site and the Site Content for the sole purpose of conducting business with us, as an applicant for employment, a current or potential customer or a current or potential business partner, or a current or potential investor of Hiring Indicators. You are required to retain all copyright and other proprietary notices on any copies of the Site Content. Using the Site does not give you any ownership rights to the Site Content. Further, nothing in these Terms of Use is to be construed as conferring to you any license or right under any patent, copyright, trademark, or other intellectual property right of Hiring Indicators or any third party. Hiring Indicators reserves all rights not granted in these Terms of Use.
You may not provide any Content (as defined in Section 5) or use the Site in any way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Site or any Site feature. Except as expressly provided in these Terms of Use, no part of the Site and no Site Content may be copied, displayed, reproduced, republished, downloaded, uploaded, posted, modified, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. The Site and Site Content are for informational purposes only and we do not make any recommendations on or via the Site; accordingly, you should not rely upon the Site or Site Content as the sole basis for any decision or action.
2. Trademarks.
All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of third parties. You are not permitted to use these Marks without the owner of the Marks prior written consent.
3. Modification
Hiring Indicators reserves the right to (i) modify the Site Content or to (ii) modify, suspend, or discontinue the Site or any part the Site (including, for example, any Demo) at any time with or without notice to you. You agree that Hiring Indicators will not be liable to you or to any third party for any modification of the Site Content or any modification, suspension, or discontinuance of the Site.
4. Feedback
All information, ideas, suggestions or other communications you submit or provide to us will be non-confidential and non-proprietary (“Feedback”). Accordingly, do not submit or provide Hiring Indicators with any information you consider confidential or proprietary. Unless you and Hiring Indicators agree otherwise in a written agreement, Hiring Indicators will be entitled to use, disclose or distribute any Feedback for any purpose whatsoever (including commercial purposes) without any obligation to you (monetary or otherwise).
5. User Submissions
The Site may enable you to submit emails, request a Demo or otherwise provide certain content, data or other information (“Content”) to Hiring Indicators. You can only post Content if you own all the rights to the Content or if the owner has given you permission. You do not transfer ownership of the Content you provide, submit or post; however, by doing so, you grant Hiring Indicators the irrevocable right to use, copy, modify, publish, perform, transmit and display such Content in accordance with these Terms of Use, and you waive any moral rights you may have in such Content. Hiring Indicators will be free to use such Content for any reason whatsoever.
6. Privacy Policy
The Privacy Policy is a material part of these Terms of Use and is incorporated herein by reference. View Privacy Policy.
7. Third Party Links
The Site may contain links to websites that are owned and/or operated by third parties. Such websites are not under our control. We provide these links only as a convenience and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites. We are not responsible for such websites’ content or for any link(s) they may contain.
8. Warranty Disclaimer and Limitation of Damages
HIRING INDICATORS, AND ITS REPRESENTATIVES AND AGENTS, MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, ORAL OR WRITTEN, AND HEREBY EXPRESSLY DISCLAIM AND NEGATE ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY AND NON-INFRINGEMENT, OR ANY OTHER WARRANTIES ARISING FROM CUSTOM OR TRADE USAGE, AND ASSUME NO RESPONSIBILITY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR ANY LOSS OF PROFITS OR ANTICIPATED SALES OR SAVINGS OR GOOD WILL OR ON ACCOUNT OF ANY EXPENDITURES, INVESTMENT, AGREEMENTS OR COMMITMENTS MADE ARISING OUT OF THE USE OR MISUSE OF ITS SITE, SITE CONTENT, SERVICES OR PRODUCTS.
HIRING INDICATORS DOES NOT WARRANT THAT THE SITE, SITE CONTENT OR ITS PRODUCTS OR SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR BE COMPLETE, ACCURATE, FUNCTIONAL, RELIABLE, UNINTERRUPTED OR ERROR FREE. HIRING INDICATORS PROVIDES THE SITE AND SITE CONTENT “AS IS” AND FOR YOUR USE AT YOUR OWN RISK. THE DEMO FEATURES AND TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND ARE WITHOUT ANY WARRANTY OF ANY KIND.
HIRING INDICATORS, AND ITS REPRESENTATIVES AND AGENTS, HEREBY DISCLAIM ANY AND ALL LIABILITY FOR: (A) ACTIONS TAKEN OR NOT TAKEN BASED ON YOUR USE OF ITS SITE, SITE CONTENT, PRODUCTS OR SERVICES; (B) ANY DATA BREACH, DATA LOSS, CORRUPTION, VIRUSES OR OTHER CONTAMINATION OF YOUR COMPUTER SYSTEM OR ANY OTHER DEVICE USED TO ACCESS ITS WEBSITE, PRODUCTS OR SERVICES; AND (C) DAMAGES, CLAIMS, CHARGES, COSTS, CAUSES OF ACTION OF EVERY KIND, AT LAW OR IN EQUITY, NEGLIGENCE AND EXPENSES OF ANY NATURE ARISING OUT OF THE USE OF ITS SITE, SITE CONTENT, SERVICES OR PRODUCTS, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE.
BY UTILIZING OUR SITE, SITE CONTENT, PRODUCTS AND SERVICES, YOU HEREBY WAIVE AND UNCONDITIONALLY, FULLY AND FOREVER, RELEASE HIRING INDICATORS, AND ITS REPRESENTATIVES AND AGENTS, FROM ANY AND ALL SUCH LIABILITY AND SPECIFICALLY CONFIRM THAT YOU SHALL NOT UTILIZE THE SITE OR SITE CONTENT AS THE SOLE BASIS FOR DECISION-MAKING.
9. Indemnification
You agree to indemnify and hold Hiring Indicators, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Hiring Indicators Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your Content or (b) your violation of any applicable laws, rules or regulations. Hiring Indicators reserves the right, at its own cost, to assume the exclusive defense and control of any matter requiring indemnification by you, in which event you will fully cooperate with Hiring Indicators in asserting any available defenses. You agree that the provisions in this section will survive your access or use of the Site.
10. Limitation of Liability
If, notwithstanding the other provisions of these Terms of Use, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, Site Content or our products or services, our liability shall in no event exceed Fifty Dollars (US $50.00).
11. International Site Visitors
The Site can be accessed from countries around the world and may contain references to products and services that are not available in your country. These references do not imply that Hiring Indicators intends to provide any product or service offerings in your country. We control and operate the Site, the Site Content and our offerings from our facilities in the United States of America. Hiring Indicators makes no representations that the Site, the Site Content and any of our offerings are or will be appropriate or available for use in foreign countries. Those who access or use Site or the Site Content from other jurisdictions do so at their own volition and are responsible for compliance with all applicable laws.
12. Amendment(s)
We may change these Terms of Use from time to time for any reason. If we make any changes, we will change the Last Updated date (found above) and post the new Terms of Use.
13. Additional terms
We currently have various service offerings. If you subscribe to any such offerings, we will provide such services under a separate digitally or manually executed agreement. Such agreement will supplement and be in addition to these Terms of Use. These Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Site.
14. Governing Law; Venue; Waiver of Jury Trial
These Terms of Use and any related action will be governed and interpreted by and under the laws of the State of Arizona, without regard conflicts of laws, principles or rules. Venue for any dispute arising out of these Terms of Use will be the state courts located in Maricopa County, Arizona or the federal courts of the United States in the District of Arizona, and each party (you and Hiring Indicators) consents to personal jurisdiction to such court(s) and also waive any right it may otherwise have to challenge the appropriateness of such forums. You waive trial by jury in any action, or proceeding on any matter whatsoever arising out of or in any way connected with our Site, Site Content, products or services.
15. General Provisions
Any waiver or failure to enforce any provision of these Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any particular provision of these Terms of Use is held invalid or unenforceable, that part will be modified to reflect the original intention of the parties, and the other parts will remain in full force and effect.
16. Contact Information
If you have any questions about these Terms of Use, please contact us at:
Hiring Indicators
8776 Shea Blvd., Suite 106 Scottsdale, AZ 85260
Copyright © Hiring Indicators. All rights reserved.
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