2. Binding Agreement.
3. Certain Definitions.
4. Acceptable Use of the Site.
4.1 General Use Rules.
The Site is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use this Site only for lawful purposes within the stated context of Hot Data Jobs intended and acceptable use of the Site. Hot Data Jobs is the sole interpreter of the Site’s intended and acceptable use.
4.2 License to Use by Users who are Job Seekers.
Hot Data Jobs hereby grants you a limited, terminable, non-exclusive right to access and use the 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 Site solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document, Image, or Photo you post to the Site and any consequences arising from such Document, Image, or Photo. Your use of the Site is a privilege. Hot Data Jobs reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
4.3 License to Use by Users who are Employers.
4.4 Other Specific Rules.
5. Intellectual Property Rights.
6. Disclaimers and Limitations on Hot Data Jobs’s Liability.
6.1 Allocation of Responsibility.
Hot Data Jobs assumes no responsibility for documents posted by users and no responsibility for the activities, omissions or other conduct of users. Hot Data Jobs 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, Hot Data Jobs may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such document. Hot Data Jobs has no liability or responsibility to users for performance or nonperformance of such activities. Hot Data Jobs may take any action with respect to user submitted information that it deems necessary or appropriate, in its sole discretion.
6.2 No Endorsements by Hot Data Jobs.
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.
6.3 Warranty Disclaimers.
(a) The site is provided on an ‘as is’ basis without any warranties of any kind, express or implied. Hot Data Jobs, 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 a particular purpose. Hot Data Jobs makes no warranties about the accuracy, reliability, completeness, or timeliness of the site.
(b) Without limitation on the foregoing:
(i) Hot Data Jobs does not warrant that the site will operate error-free or that the site and their 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, Hot Data Jobs is not responsible for those costs.
(ii) Hot Data Jobs 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) Hot Data Jobs makes no representations or guarantees regarding the content of the sites, including, but not limited to, broken links, inaccuracies or typographical errors.
(iv) Hot Data Jobs makes no representations or guarantees regarding the effectiveness of the services or timeliness of the services in meeting your employment objectives. Hot Data Jobs 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.
6.4 Damage Limitations, Allocations of Liability and Equitable Relief.
(a) You assume all responsibility and risk for your use of the site, the internet generally, and the documents or employer materials that you post, provide or access and for your conduct on and off the sites.
(b) In no event shall Hot Data Jobs (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 sites and/or any document, whether based on warranty, contract, tort, or any other legal theory, and whether or not Hot Data Jobs is advised of the possibility of such damages.
(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 Hot Data Jobs’s 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 Hot Data Jobs (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 U.S. $200.00 (or, if you are an employer with an agreement with Hot Data Jobs, the amounts actually paid by you to Hot Data Jobs under this agreement if greater than U.S. $200.00).
(e) Due to the nature of this agreement, in addition to money damages, you agree that Hot Data Jobs will be entitled to equitable relief upon a breach of this agreement by you.
6.5 User Authentication.
Because user authentication on the internet is difficult, Hot Data Jobs cannot and does not confirm that each user is who they claim to be. Because Hot Data Jobs does not and cannot be involved in user-to-user dealings or control the behavior of participants on the sites, in the event that you have a dispute with one or more users, you release Hot Data Jobs 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.
7. Payment of Services upon Termination of Agreement.
8. Links to Other Sites.
These links are provided solely as a convenience to you and not as an endorsement by Hot Data Jobs of the contents on such third-party web sites. Hot Data Jobs 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.
9. Amendments to this Agreement and Changes to Site.
You agree to defend, indemnify, and hold harmless Hot Data Jobs (and its officers, directors, employees and agents) 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 Site, any Document posted by you, or your breach of this Agreement. Hot Data Jobs 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.
11. User Information.
12. Questions and Notices.
Questions concerning the use of the Site should be directed to email@example.com. Notices shall be sent, for Hot Data Jobs, to the address listed on the Site, and, for you, to the address submitted by you or such other address as Hot Data Jobs reasonably determines is an appropriate address for you.
13. General, Posting, Conduct, and Security Terms.
13.1 General Terms.
(a) Hot Data Jobs contact information is listed on the Site. Hot Data Jobs 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 Site. If you access Hot Data Jobs 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 Membership Agreement shall lie exclusively with the state, federal courts, and venue in the State of California.
(b) The sole relationship between You and Hot Data Jobs 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.
(c) All provisions of this Agreement shall survive termination except those granting access or use to the 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 Hot Data Jobs in a particular “Legal Notice,” or software license or material on particular Web pages of the Site, this Agreement constitutes the entire agreement between you and Hot Data Jobs.
13.2 Posting Terms.
(a) Your Document(s), Images, and Photos may not contain:
(i) URLs or links to Web sites (other than your home page, career page, or specific job on your site);
(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, Image, or Photo and hidden from the User or Employer);
(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 your Document(s), Images, or Photos to:
(i) impersonate another person, living or dead;
(ii) post false, inaccurate or misleading information;
(iii) post advertisements or solicitations of business (including, but not limited to, Email Processors, Project 21, franchises, “club memberships,” distributorships, or anything requiring a monetary investment by the User or Employer, including a request for payment to obtain job listings);
(iv) post chain letters or pyramid schemes; or
(v) post opinions or notices, commercial or otherwise.
(c) Your Document(s) must contain sufficient detail to convey clearly to the User or Employer the nature and requirements of the job opportunity, or your qualifications as a candidate for employment. Documents that encourage the User or Employer 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) Job postings must be individual openings for traditional, W-2 employees or 1099 contractors.
(e) 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.
(f) Hot Data Jobs is under no obligation to monitor the Document(s), Images, or Photos posted on the Site, but it may monitor Document(s), Images, or Photos at random. Document(s), Images or Photos found to violate the above Posting Rules may be removed at Hot Data Jobs discretion.
(g) Hot Data Jobs reserves the right to use your publicly available company logo on your published job postings to help promote your brand, and for use on the Hot Data Jobs site.
13.3 Conduct Terms.
(a) You may not respond to postings by other Users or Employers in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the employer’s business by our competitors are prohibited.
(b) You may not send unsolicited commercial email to Users.
(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 Site, you risk losing your access to the Site. You agree to notify Hot Data Jobs 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 during the term of this agreement Hot Data Jobs comes to the understanding that you: (i) misled Hot Data Jobs of your business practices and/or services, or (ii) purchased services that do not represent your precise business, Hot Data Jobs reserves the right to terminate this agreement.
(g) Hot Data Jobs is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported.
13.4 Security Terms.
(a) Users are prohibited from violating or attempting to violate the security of the 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 Site, overloading, “flooding”, “mail-bombing” or “crashing”;
(iv) sending unsolicited e-mail, 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. Violations of system or network security may result in civil or criminal liability.
(b) Violation of these Security Rules may result in civil or criminal liability. Hot Data Jobs 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.
14. Employers Additional Terms.
14.1 Employers: Term and Termination.
(a) The term (the “Term”) of this agreement shall commence on the date of registration and execution of the agreement contained herein, and shall not be terminated by either party except as set forth below.
(b) If the Employer breaches any of the terms of this Agreement, Hot Data Jobs may discontinue the Employer’s use of the Hot Data Jobs website, terminate this agreement, and/ or pursue any other available remedies to enforce this Agreement and obtain payment hereunder. In the event of such a breach by the Employer, Hot Data Jobs shall be entitled to accelerate all fees due during the Term of the Agreement and to collect all costs incurred as a result of the breach by the Employer.
(c) Either party may terminate this Agreement if: the other party applies for or consents to the appointment of a receiver, trustee, or liquidator of its assets, the other party makes a general assignment for the benefit of creditors, at petition seeking bankruptcy, or the parties mutually consent in writing to termination.
14.2 Employers: Description of Hot Data Jobs, Payment of Fees, and Refund Policy.
(a) Each job posting hereunder (“Posting”) shall be for the period set forth in the order form pricing schedule, and must be posted during the Term.
(b) Postings will be removed from the Site at the sole discretion of Hot Data Jobs if, at any time, payments due have not been paid in full, including initial payments.
(c) The Employer authorizes Hot Data Jobs to charge a valid credit card as the method of payment provided on any payment page.
14.3 Employers: Service Obligations of Hot Data Jobs
Hot Data Jobs shall be responsible to ensure only authorized jobs are posted on the Site. Hot Data Jobs will charge at it’s sole discretion, for all Postings or job slots regardless of subsequent claims that Postings were not authorized or otherwise were posted in error. Any jobs posted or job slots added erroneously through the sole fault or error of Hot Data Jobs will not be charged to the Employer.
14.4 Employers: Indemnification.
(a) Subject to Section 6, each party shall indemnify the other party and its representative officers, directors, employees, and agents from and against any claims, actions or demands, including but not limited to, reasonable legal and accounting fees arising or resulting from
(i) a breach by the Indemnifying Party of this Agreement or any representation, warranty, covenant, or agreement contained herein, or
(ii) the provision of any material to the Site by or on behalf of the Indemnifying Party, including but not limited to claims of breach on third party intellectual property rights. For purposes of the foregoing indemnity, the parties acknowledge that the following items shall not constitute material provided to the Site by or on behalf of Hot Data Jobs: all postings, listings, resumes, message board threads, forum submissions, and all other materials submitted by or on behalf of the Employer to the Site.
(b) The Indemnifying Party’s obligations under the immediately preceding paragraph will only apply if one Indemnifying Party notifies the other Indemnifying Party promptly in writing as to any such claim, action, or demand and gives the Indemnifying Party the opportunity to remedy said claim. If no reasonable remedy is provided then the Indemnifying Party with said claim gives the other Indemnifying Party the right to control and direct the investigation, preparation, defense, trial, and settlement of each such claim, action or demand. Notwithstanding the foregoing, the Indemnifying Party shall not settle any claim, action, or demand without the written consent of the Indemnified Party, such consent shall not be unreasonably withheld.
14.6 Employers: Limitation of Liability.
(a) Hot Data Jobs makes no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement with respect to its services or the site, or the functionality, performance or results of use thereof.
(b) Notwithstanding anything to the contrary contained herein, the extent arising or resulting solely from a third party claim relating to intellectual property rights of such third party, neither party will be liable to the other party (nor to any person claiming rights derived from the other party’s rights) for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind including loss of revenues or profits, loss of business or loss of data arising out of or in connection with this agreement or any Hot Data Jobs services provided hereunder (including but not limited to any resulting breach of any warranty or other term of this agreement), regardless of whether the party liable or allegedly liable was advised, had other reason to know or in fact knew of the possibility thereof.
(c) In the event of a dispute or claim, Employer acknowledges and agrees that the liability for the Employer and Hot Data Jobs including applicable parent, subsidiary, and affiliate entities; is limited to the total amount paid by Employer to Hot Data Jobs under this agreement.
14.8 Employers: Equal Opportunity Employment.
(a) Employer agrees to comply with all applicable federal, state, and local laws of the United States, as applicable, including but not limited to the Equal opportunity employment act, and the anti-discrimination provision of the immigration and naturalization act.
(b) Hot Data Jobs prohibits the posting of jobs that requires U.S. citizenship or lawful permanent residence in the U.S. as a condition of employment, unless otherwise required in order to comply with law, regulation, executive order, or government contact.
(c) Hot Data Jobs prohibits the posting of any job requirement or criterion in connection with a job posting that discriminates on the basis of citizenship status or national origin.
14.9 Employers: Miscellaneous.
(a) Each party agrees to comply with all applicable federal, state, and local laws of the United States, as applicable, including but not limited to laws related to labor and employment, data privacy, data access and use, and intellectual property.
(b) This Agreement
(i) constitutes the entire agreement between parties with respect to the subject matter hereof and supersedes any previous oral or written arrangements or understandings relating thereto,
(ii) may be signed in counterparts,
(iii) shall be governed by the laws, courts, and venue of the state of California, and the federal laws of the United States,
(iv) may not be amended, terminated, or waived orally, and
(v) may not be assigned, transferred, or resold, in whole or in part, directly or indirectly, by operation law, merger, acquisition, asset or stock sale by either party, except with expressed written consent from Hot Data Jobs.
15. Users Additional Terms.
15.1 Provisions that are specific to Users.
(a) As a User, you can (i) use the Service to search for jobs, (ii) apply for jobs (iii) receive job alert emails (“Job Alerts”), and (iv) upload your resume to the Resume Database. You have the ability to choose how to submit your Job Application through the Service using the options offered through the Service. If you elect to apply through a third party account, you will be asked to log-in to the applicable account, and the profile, resume and other information that you have provided as part of any of those accounts will then be sent to the Employer that posted the applicable job. You can also submit a Job Application through your mobile device.
Please note that once you have submitted a Job Application your resume and other applicable information will be shared with the Employer that posted the Job Listing. You should therefore ensure that the information you provide is complete and accurate, and only contains information you are comfortable sharing with Employers. If you submit a resume, you acknowledge that we may ‘parse’ the resume into another format that enables searchable text for an Employer. The Employer will also be able to see your resume in the form in which you originally submitted it to Hot Data Jobs.
(b) In addition to submitting Job Applications through the Site, you can elect to include your resume as part of the Site’s resume database. If you elect to do this, Employers who have access to the resume database will be able to access and view your resume and the contact information you provide on your resume. For purposes of this Agreement, references to “resume” shall also mean, a curriculum vitae and other similar written overviews of a person’s experience and other qualifications that are uploaded to the Resume Database.
You can opt-out of including your resume in the resume database at any time by adjusting the settings in your Job Seeker account and we will remove your resume from the resume database as soon as reasonably practicable. However, if an Employer has already accessed your resume through the Resume Database and copied or saved your resume, that Employer will continue to have access to your resume and all information you included in your resume as it was included in the Resume Database.
(c) You are solely responsible for your interactions with Employers that you contact, or that contact you. Please note that there are risks, including but not limited to the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore use caution with regard to the information you elect to share as part of your User Profile or in a Job Application or resume that you provide through the Service. Only list the contact information that you are comfortable disclosing to Employers and other Users of the Service.
Although Hot Data Jobs requests that Employers maintain the confidentiality of the Job Applications and resumes they receive through the Site, Hot Data Jobs cannot and does not guarantee that the information you provide to Employers through the Service as part of a Job Application, onboarding process, employee or benefits management process, or via a resume, will be held in confidence or properly secured by each applicable Employer. In addition, Hot Data Jobs takes no responsibility and assumes no liability for any Job Listing, onboarding or other employee-related documents, human resources information, or insurance information that any Employer posts, sends or provides via the Service. You agree that Hot Data Jobs is not responsible or liable for the conduct of any Employer.