Terms and Conditions - HirePotential

EEOC Statement

Equal Employment Opportunity: As required by federal and state laws, HirePotential, Inc. seeks to comply with all federal and state laws regarding the hiring of employees with regard to race, religion, creed, sex, national origin, age and disability.

User Agreement

Subject to the terms of this User Agreement, our Privacy Statement, Disclaimers and EEOC Statement, please browse the Site and feel free to download material displayed on the Site for non-commercial, personal use only, provided that you also retain all copyright and other proprietary notices contained on the materials. HirePotential, Inc. is the sole owner of this Site and its contents. You may not transmit, distribute, modify, reuse, re-post, or use any part of the content of the Site for public or commercial purposes, including without limitation the text and images, without HirePotential, Inc.’s written permission. HirePotential, Inc.’s permission to use the contents of the Site may be withdrawn at any time and shall not give rise to any express or implied license or right to use such contents for any purpose except as expressly permitted in this paragraph.

Your access to and use of the Site is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you agree to and accept, without limitation or qualification, the Terms and Conditions and you acknowledge that any other agreements between you and HirePotential, Inc. are superseded and of no force and effect, with respect to the subject matter addressed herein.

Proprietary Property. You should assume that everything you see or read on the Site is copyrighted, constitutes a registered or unregistered trademark, is patented or otherwise constitutes proprietary property of HirePotential, Inc. or others, unless otherwise noted, and may not be used, except as provided in these Terms and Conditions or in the text on the Site, without the prior written permission of HirePotential, Inc. or the owners of the proprietary property. Any unauthorized use of the images is a violation of these Terms and Conditions and may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. HirePotential, Inc. neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties who are not owned by or affiliated with HirePotential, Inc.
Accuracy of Information. While HirePotential, Inc. uses reasonable efforts to include accurate and up to date information in the Site, (i) HirePotential, Inc. makes no warranties or representations as to the accuracy of the Site information; (ii) HirePotential, Inc. assumes no liability or responsibility for any errors or omissions in the content of the Site; and (iii) HirePotential, Inc., at all times, reserves the right to change, correct, modify, alter and/or clarify any and all information contained on the Site.
No Warranties. WE AND OUR ADVERTISERS PROVIDE ALL GOODS AND SERVICES “AS IS” AND THUS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. Liability Limits. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR ADVERTISERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICE, THIS AGREEMENT OUR PRIVACY STATEMENT, EQUAL OPPORTUNITY POLICY AND/OR DISCLAIMER (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO ANYONE FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION EXCEED $1,000, AND THIS LIMITATION SHALL APPLY REGARDLESS OF A REMEDY’S FAILURE OF ITS ESSENTIAL PURPOSE. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
Privacy and Confidentiality. Our privacy procedures are available by clicking on our Privacy Statement link. By accepting this Agreement, you expressly consent to HirePotential, Inc.’s privacy procedures, which are incorporated herein by reference and which may be amended from time to time without notice. The security of information provided to us is also described in our Privacy Statement. Our Site may send e-mails, including automatically generated e-mails, as part of its normal operation, or when a user uses a Site tool to communicate with another user, the Site or other persons. By accepting this Agreement, you agree that we may send such e-mails. If information submitted by a user or other content posted or otherwise transmitted to HirePotential, Inc. is subpoenaed or otherwise required to be produced or made available to a third party by court order or governmental administrative agency order you authorize us to, and we may, disclose any information about you to law enforcement or other governmental officials as we, in our sole discretion, believe necessary or appropriate.
Use of Transmissions. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as non-proprietary. Anything you transmit or post may be used by HirePotential, Inc., subject to the Privacy Statement, as amended, for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, HirePotential, Inc. is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Notwithstanding the foregoing, HirePotential, Inc. intends to comply with its privacy procedures; however, it assumes no liability for any failure to comply with such procedures and no warranty express or implied is given as to such privacy procedures.
Obscene Material. You agree not to transmit improper, obscene, criminal and/or libelous materials to the Site, at any time, as defined by applicable law. Should such impermissible use occur, you shall indemnify HirePotential, Inc. for all such unauthorized and/or wrongful activity.
No Conflict. Nothing contained in or provided through this Site shall be deemed to constitute a contractual offer or an acceptance of a contractual offer. Although HirePotential, Inc. accepts résumés on-line, this is only to assist HirePotential, Inc. in evaluating the qualifications of potential employees and does not constitute an offer of employment. HirePotential, Inc. exercises reasonable efforts to maintain the confidentiality of résumés from prospective employees; however, HirePotential, Inc. exercises no control over the transmission of e-mailed communications before they are received by it and assumes no obligation and shall incur no liability with respect to such transmissions. HirePotential, Inc. incurs no obligation or liability as a consequence of any communication solicited or received by it through this Site, including but not limited to any obligation of confidentiality. HirePotential, Inc. does not guarantee any employer an employee or any employee a job. Consideration and acceptance of an offer of employment and the decision to make an offer of employment depend upon a variety of facts and circumstances unique to each potential employee and employer.
Viruses. You agree to take commercially reasonable care not to upload, distribute, or otherwise publish through the Site any content that contains viruses, worms, Trojan horses, time bombs, cancelbots, or other similar harmful or deleterious programming routines.
Links. Linking to any other off-site pages or other sites is at your own risk. HirePotential, Inc. is not responsible for the content of any off-site pages or any other sites linked to the Site and it does not represent that it maintains, sponsors, or is affiliated with, or regularly reviews or endorses any of the sites linked to the Site.
Export Controls. Certain Content on the Site may be subject to export controls of the United States of America (“U.S.”) which prohibit exporting certain technical data and software to certain countries. By using the Site, you represent and warrant to HirePotential, Inc. that you are not located in, under the control of, or a national of any country currently subject to U.S. export controls.
Amendments and Termination. HirePotential, Inc. may change the terms and conditions for access to and use of the Site and services, disclaimers, and Privacy Statement from time to time in its sole discretion and may terminate this Agreement at any time without notice to you. Your continued use of the Site or service after HirePotential, Inc. posts any changes constitutes your acceptance of such changes. HirePotential, Inc. is not obligated, however, to give you notice of any changes and its failure to do so shall not effect the applicability or enforceability of such changes, modifications or amendments.
Forward-Looking Statements. Certain statements on this Site and on sites linked to it may constitute “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause actual results, performance or achievements of the Company to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements.
Chat Rooms. Although HirePotential, Inc. cannot monitor all the postings in any chat rooms, forums, and other public posting areas that may be on the Site from time to time, we reserve the right (but assume no obligation) to delete, remove or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will not, in the ordinary course of business, review private electronic messages that are not addressed to HirePotential, Inc.; however, we will comply with the requirements of the law regarding disclosure of such messages to others, including law enforcement agencies. Responsibility for items posted in any chat rooms, forums, and other public posting areas lies with each user – you alone are responsible for material that you post. By using the Site you agree not to post or transmit any defamatory, abusive, obscene, threatening, infringing or illegal material, or any other material that infringes on the ability of others to enjoy the Site or infringes on the rights of others. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. All materials you submit to any of any chat rooms, forums, and other public posting areas become the property of HirePotential, Inc. and may be reproduced, modified, and distributed as we see fit in any medium and for any purpose. You hereby grant HirePotential, Inc. a perpetual, irrevocable, fully paid license to edit, use, refuse to use, or delete any messages or content you submit to the Site or that you place or submit for placement on the Site.
Indemnification. You hereby do and shall indemnify, defend and hold us (and our advertisers) harmless from and against any and all losses, damages, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and expert witness fees) arising out of or from: (a) any breach of this Agreement; (b) any content you generate; (c) any claims attributable to your improper or illegal use of the Site; and (d) any claims relating to any false information you submit to us or our advertisers.
Jurisdiction. This Agreement for access to and use of HirePotential, Inc.’s Site and services shall be governed by and construed in accordance with the laws of the State of Colorado, excluding its conflicts of laws provisions. You agree that any action under or relating to this Agreement or to your access to and use of HirePotential, Inc.’s Site or services may be brought in a federal or state court of competent jurisdiction, in the State of Colorado, and no other jurisdiction. You agree to submit to the jurisdiction of the courts of Colorado and to service of process issued by such courts. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by a user does not waive our right to act with respect to subsequent or similar breaches by that user or other users. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. If the performance of this Agreement, or any obligation hereunder, is prevented, restricted or interfered with by any act or condition whatsoever beyond the reasonable control of HirePotential, Inc. we shall be excused from such performance to the extent of such prevention, restriction or interference. All advertisers available through our Site or services are third party beneficiaries of this Agreement. Users shall comply with all applicable laws and regulations relating to users access to and use of the Site and services. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and supersedes any prior understandings or agreements with respect to such subject matter.
Consent to Agreement. By using the Site, you agree to abide by the terms of this Agreement. If you do not agree to this policy, please do not use our Site. We hope that you find using the Site to be useful and we welcome suggestions for improvement. All rights not expressly granted herein are reserved.