TERMS AND CONDITIONS
Thanks for visiting Besthires.ai (hereinafter “We”, “Our”, or “Us”). When You ("You" individually or the entity that You represent) use Our website (the "Site") or the Besthires.ai service (collectively, the "Service"), You are agreeing to Our Terms of Service (the "Agreement") below.
In registering for an account on the Site, You agree to (1) provide true, accurate, current, and complete information about Yourself as prompted by the Service registration form ("Registration Data"), and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under Your account whether performed by You or a third party. If You provide any Content ("Content" means any information that You post, transmit, or submit through Our Service) that is untrue, inaccurate, not current, or incomplete, or Besthires.ai has reasonable grounds to suspect that such Content is untrue, inaccurate, not current, or incomplete, Besthires.ai has the right to suspend or terminate Your account and refuse any and all current or future use of the Site and/or Service. You agree not to create an account using a false identity or information, or on behalf of someone other than Yourself. You agree that You shall not have more than one account. You agree not to create an account or use the Site or Service if You have been previously removed by Besthires.ai, or if You have been previously banned from the Site or Service.
For more specific details on registration please see either the Client Specific Terms found here ("Client" means a company or individual interested in hiring, or engaging, Candidates) or Candidate Specific Terms found here ("Candidate" means users who are seeking employment and/or contractor opportunities through Besthires.ai).
2. YOUR RESPONSIBILITIES
You are responsible for Your use of the Site and Service and for any use of the Site or Service made using Your account. You agree not to access, copy, or otherwise use the Site or the Service, including Our intellectual property and trademarks, except as authorized by this Agreement or as otherwise authorized in writing by Besthires.ai. Remember when using Besthires.ai We ask You to act reasonably and responsibly with others, within the bounds of decency and in compliance with all applicable laws. We may suspend or terminate Your access to the Service if You violate, or We suspect that You are violating, any of the terms and conditions of this Agreement or any applicable laws. Your continued access to Our Site and use of Our Service are contingent on Your agreement to act in a proper manner. When using Our Site and Service You agree that You will not (1) copy, distribute, or disclose any part of the Site, including by way of automated or non-automated "scraping" (2) use any automated systems including "robots" and "spiders" (3) interfere with or compromise Our systems’ integrity or decipher any server transmissions (4) impose any unreasonably large load on Our infrastructure (5) upload viruses, worms, or invalid data to the Service (6) collect or retain any personally identifiable information contained in the Service (7) access the Service by any means other than authorized herein, including virtual private networks which are expressly forbidden (8) stalk, harass, bully or harm others (9) impersonate any person or entity (10) hack, spam, phish, or otherwise provide untruthful, false, fraudulent, manipulative, or inflammatory content.
For more specific details on responsibilities please see either the Client Specific Terms found here ("Client" means a company or individual interested in hiring, or engaging, Candidates) or Candidate Specific Terms found here ("Candidate" means users who are seeking employment and/or contractor opportunities through Besthires.ai).
3. THIRD PARTY AGENTS
You may permit third party agents to access, use and/or operate the Service on Your behalf ("Third Party Agents") for the sole purpose of delivering services to You, provided that You will be fully responsible for Your Third Party Agents’ compliance with terms and conditions of this Agreement and any breach of this Agreement by a Third Party Agent shall be deemed to be a breach by You.
4. THIRD PARTY SERVICES
Besthires.ai may provide to You, or provide Your Content to, certain third party services or third party service providers (collectively, "Third Party Service(s)") which may also provide to You links to sites, job postings, email and telephone correspondence and other offers outside of the Besthires.ai network. Such Third Party Services are provided "AS IS" without indemnification, support, or warranty of any kind, and this Agreement does not apply to Your use of any such provided Third Party Services. You are responsible for evaluating whether You want to access or use such Third Party Services, and, in certain circumstances where required or applicable, may opt-out from such Third Party Services available outside of the Besthires.ai network, or may choose to not utilize such Third Party Services at any time. We reserve the right to suspend Third Party Services at any time. You should review any applicable terms and/or privacy policies of a Third Party Service before using it or sharing any information with it, because You may give the operator permission to use Your information outside of what You have agreed to herein. Besthires.ai is not responsible for, nor endorses any features, content, advertising, products or other materials on or available from such Third Party Services.
5. PAYMENTS AND CREDITS
5.1. Changes In Fees And Billing Methods
Besthires.ai reserves the right at any time to change its fees (including to begin charging for services that it is currently providing free of charge) and billing methods, either immediately upon posting on the Site or by email delivery to You.
6. LIMITATIONS ON LIABILITY
Besthires.ai is not liable for (1) any content posted by Clients or Candidates on Our Site or Service; (2) contracts, contractual obligations, or other obligations that may arise from an employment, contractor, or other relationship between Client and Candidate; (3) any review of content posted on Our Site or Service; (4) any damages that result through the use of Our Service; (5) any negative or critical comments that may be posted by Client, Candidate, or other third party through the Service; or (6) any of the Third Party Service(s) You may be provided pursuant to Your use of the Service.
We are not required to or under any obligation to review, screen, edit, monitor or remove any content posted on Our Site, although We reserve the right to do so, and to take any other action, in Besthires.ai’s discretion, with or without notice, to prevent any violation, enforce any provision, or rectify any alleged violations of this Agreement or any applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL BESTHIRES.AI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE AND/OR SERVICE, WHETHER OR NOT BESTHIRES.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SITE AND/OR SERVICE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE AND/OR SERVICE; OR (3) ANY OTHER MATTER RELATED TO THE SITE AND/OR SERVICE.
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
7. FURTHER LIMITATIONS
Our licensors and service providers will have no liability of any kind under this Agreement. You may not bring any claim under this Agreement more than eighteen (18) months after the cause of action arises.
8.1. Confidential information
Means non-public technical, business or other information or materials disclosed or otherwise made available by one party in connection with the Service that are in tangible form and labeled "confidential" or the like, or are provided under circumstances reasonably indicating their confidentiality. Our Confidential Information includes: (1) login credentials; and (2) any information or materials relating to the Service. Your Confidential Information does not include Your Content.
A party may use Confidential Information of the other party solely to exercise its rights and perform its obligations under this Agreement or as otherwise permitted under this Agreement. Each party will disclose the Confidential Information of the other party only to the employees, service providers or contractors of the recipient party who have a need to know the Confidential Information for purposes of this Agreement and who are under a duty of confidentiality no less restrictive than each party’s duty under this Agreement. Each party will use reasonable care to protect the confidentiality of the other party’s Confidential Information.
The recipient’s obligations under this Section with respect to any Confidential Information will terminate if the recipient can show by written records that the information: (a) was already rightfully known to the recipient at the time of disclosure by the other party; (b) was disclosed to the recipient by a third party who had the right to make the disclosure without any confidentiality restrictions; (c) is, or through no fault of the recipient has become, generally available to the public; or (d) was independently developed by the recipient without access to, or use of, discloser’s Confidential Information. The recipient may disclose Confidential Information to the extent the disclosure is required by law or regulation or the listing rules of any stock exchange. The recipient will provide the other party notice, when practicable, and will take reasonable steps to contest and limit the scope of any required disclosure.
8.4. Continuing Obligations
You agree to keep all information gained from using Our Site confidential; You agree that (1) You will use any content submitted by Candidates or Clients in accordance with applicable privacy and data protection laws; (2) You will not disclose the names or identities of any Candidates; AND (3) You will take appropriate physical, technical and administrative measures to protect content You obtain through use of the Site and/or Service from loss, misuse, unauthorized access, disclosure, alteration or destruction. You also agree not to post, publicly or privately disclose or disseminate any job offers, or contractor opportunities which You become aware of through Our Site or Service.
9. INTELLECTUAL PROPERTY RIGHTS
The design of the Service along with Besthires.ai created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Besthires.ai, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Besthires.ai reserves all rights in and to the Service and the Site. You agree to not engage in the use, copying, or distributing any content contained within the Site or through the Service unless We have given You express written permission to do so.
10. LICENSING TO BESTHIRES.AI
You hereby grant to Besthires.ai and its owners, affiliates, representatives, licensees, licensors and assigns (the " Besthires.ai Parties") a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to: (1) display, publicly perform, distribute, store, broadcast, transmit and reproduce Your logo(s), service marks, trademarks and trade names through the Site, the Service and/or any other medium currently invented or invented in the future; and (2) display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or any part of the Content and anything We may make with the Content through the Site, the Service and/or any other medium currently invented or invented in the future. Further, You waive and agree never to assert any and all moral rights in and to all of the materials licensed in this Section. We reserve the right to display advertisements in connection with the Content. We are not required to host, display, or distribute any of the Content and We may refuse to accept or transmit the Content, and may remove or delete all or any portion of the Content from Besthires.ai at any time. By submitting any Content to us, You hereby represent and warrant that You own all rights to the Content or, alternatively, that You have the right to give us the license described above. Finally, You represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. You understand that when using the Site and/or the Service You will be exposed to content from a variety of sources, and that Besthires.ai is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and that such content is not the responsibility of Besthires.ai. You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Besthires.ai Parties with respect thereto, and agree to indemnify and hold the Besthires.ai Parties harmless to the fullest extent allowed by law regarding all matters related to Your use of the Site.
11. DISCLAIMER OF WARRANTIES
THE SITE AND SERVICE ARE PROVIDED TO YOU AS IS. BESTHIRES.AI PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE BESTHIRES.AI PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SITE AND/OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE AND/OR SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SITE AND/OR SERVICE WILL BE CORRECTED.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND/OR SERVICE.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "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." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISION.
You agree to defend and indemnify the Besthires.ai Parties from and against any third party claim, including reasonable attorney’s fees, court costs, settlements, and disbursements, from or relation to (a) Your Content (b) Your use of the Service (c) Your violation of any term of this Agreement (d) Your violation of any third party rights, including privacy rights, (e) Your violation of law or Your users (f) use of any services provided by Third Party Service Providers (g) any findings that the Besthires.ai Parties are employers or related employers of any Candidate, contractor employed, or retained by a Client. You may not settle or compromise any Infringement Claim without Our prior written consent.
13.1. Communications Decency Act
Besthires.ai asks that You please be respectful when communicating with others through the Service. Besthires.ai is and will not be liable for any content posted on Our Site. Besthires.ai may, but has no obligation to, monitor or review any content on the Site. Although We may choose to edit or delete any content We determine to be defamatory, We are not required to, and reserve all defenses for such content made available to us by Section 230 of the Communications Decency Act, the First Amendment to the Constitution of the United States of America, and any other applicable laws, rules, regulations
13.2. DMCA Notices
We take copyright infringement very seriously, and We have registered a Registered Copyright Agent with the United States Copyright Office, which limits Our liability under the Digital Millennium Copyright Act. It is Our policy to terminate the account of any user who repeatedly infringes copyright upon prompt notification to Besthires.ai by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Site and/or Service in a way that constitutes copyright infringement, please provide Our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that You claim has been infringed; (3) a description of the material that You claim is infringing and a description of the location on the Site and/or Service of the material that You claim is infringing; (4) Your address, telephone number and e-mail address; (5) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
13.3. Compliance and Jurisdiction
Each party will comply with all laws applicable to the actions contemplated in this Agreement, including all local, state, and federal regulations and export control laws. Subject to local laws requiring application of another law(s), this Agreement shall be governed by and interpreted in accordance with the laws of the United States, specifically the state of California, without giving effect to any principles that provide for the application of the law of another jurisdiction. You acknowledge that the Besthires.ai Site and Service is of United States origin, and Your use of the Site and Service is subject to the U.S. Export Administration Regulations. You are responsible for obtaining all licenses or other approvals necessary to use the Site and Service and agree not to use, or permit use of, the Site or Service without U.S. Government permission to (a) anyone on the U.S. Treasury Department’s lists of Specially Designated Nationals (including the Government of Iran, Government of Sudan, Government of Cuba, prohibited members of the Cuban Communist Party), or on the U.S. Commerce Department’s Denied Persons List, Entity List, or Unverified List, on the U.S. State Department’s Debarred List or Nonproliferation List, or any person who is subject to an export or transaction prohibition from the United States Government; or (b) for use with chemical or biological weapons, sensitive nuclear end-uses, or missiles to deliver them.
Any cause of action arising under these Terms or otherwise involving this Site will be brought exclusively in a court in Santa Clara County, California.
13.4. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY.
Any dispute (including whether the claims asserted are arbitrable) shall be referred to and finally determined by binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association ("AAA"). The arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively "Rules and Procedures"). Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration. Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend Your rights. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and Besthires.ai must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR Besthires.ai MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; AND (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by Section 7 of this Agreement. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Agreement, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States federal law.
13.5. Force Majeure
You agree that We are not responsible to You for anything that We may otherwise be responsible for, if it is the result of events beyond Our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond Our control.
13.6. Severability; Headings
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Besthires.ai shall have the sole right to elect which provision remains in force. Headings in this Agreement are for reference purposes only and will not be used in its construction and/or interpretation.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law will not be construed as Our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You may not sell, transfer, or assign Your rights and/or obligations under this Agreement to any other party without Our prior written consent. We may assign Our rights and/or obligations under this Agreement to any other party at Our discretion.
Where Besthires.ai requires that You provide an e-mail address, You are responsible for providing Besthires.ai with Your most current e-mail address. In the event that the last e-mail address You provided to Besthires.ai is not valid, or for any reason is not capable of delivering to You any notices required or permitted by this Agreement, Besthires.ai’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
Such notice shall be deemed given when received by Besthires.ai’s by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
13.11. Entire Agreement
The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
13.12. Electronic Communications
The communications between You and Besthires.ai’s use electronic means, whether You visit the Site or the Service or send Besthires.ai’s e-mails, or whether Besthires.ai posts notices on the Site or Service or communicates with You via e-mail. For contractual purposes, You (1) consent to receive communications from Besthires.ai’s in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Besthires.ai’s provides to You electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect Your statutory rights.
14. CLIENT SPECIFIC TERMS
14.1. Description of Service For Clients
As a Client, You have the opportunity to find qualified talent and reduce the costs involved with hiring and retaining such talent.
YOU UNDERSTAND THAT BESTHIRES.AI DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS (ALTHOUGH IT RESERVES THE RIGHT TO CONDUCT ANY BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS). YOU AGREE TO (1) CONDUCT ANY BACKGROUND CHECKS, REFERENCE CHECKS, OR OTHER DUE DILIGENCE THAT YOU MAY REQUIRE BEFORE ENGAGING CANDIDATE, AND (2) COMPLY WITH ALL LAWS AND REGULATIONS RELATING TO THE INTENDED CONTRACT OF ANY CANDIDATE."
14.2. Registration For Client
In order to use Besthires.ai as a Client You must also register. Registration is free. When registering We may ask You for additional information related to Your company and the types of Candidates You are looking for. We may also allow You to use a third party service such to register. We will review the information that You provided to us during the registration process and any other information that is publicly available. We reserve the right, in Our sole discretion, to accept or reject Your registration to use Our Site and Service.
15. CANDIDATE SPECIFIC TERMS
15.1. Description Of Service For Candidates
Besthires.ai is an online service that helps Clients assess Candidates through behavioral and comparative analysis. It also allows Candidates to evaluate themselves against companies.
15.2. Registration For Candidate
In order to use Besthires.ai as a Candidate You must register and create an account. The use of the Site and the Service is free for Candidates. When registering with Besthires.ai, We may require You to provide us information such as Your name, e-mail address, employment history, work experience, educational background and skill set. Furthermore, You agree to provide us with any other identifying documents that We may request. We may also allow You to use a third party service such as Github, LinkedIn or Twitter to register. We will review the information that You provide to us during the registration process and We may also review any other information about You that is publicly available. We reserve the right, in Our sole discretion, to accept or reject Your registration to use Our Site and Service. If Your registration is accepted, You will be allowed to use Our Service.