Terms and Conditions
1. Introduction.
Please read this page carefully. It contains the Terms and Conditions governing your access to, and use of, the Peak Recruiters Web Site. If you do not accept these Terms and Conditions fail to meet or comply with their provisions, you may not use the Site. If you are an employer or advertiser using the Site, you may have entered into a Contractual Agreement with Peak Recruiters, in which case these Terms and Conditions, and any Exhibits attached hereto, are incorporated into that Contractual Agreement. These Terms and Conditions are effective as of August 14th 1, 2009.
2. Binding Agreement.
These Terms and Conditions, together with all Exhibits to these Terms and Conditions (which may be amended from time to time by Peak Recruiters) form a legal and binding agreement (the "Agreement") between you and Peak Recruiters. Any access to, or use of, the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
3. Certain Definitions.
The following definitions apply to this Agreement: "Peak Recruiters Web Site" or the "Site" includes Peak Recruiters, in its entirety and includes their Content, Text, Graphics, Design, Programming and Services as applicable in the context.
"Content" includes all Text, Graphics, Design and Programming used on the Site. "Text" includes all text on every page of the Site, whether editorial, navigational, or instructional. "Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
"Design" includes the color combinations and the page layout of the Site. "Programming" includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site.
"Document" refers to any posting to the Site, whether job or resume. "Services" means any services provided on the Site by Peak Recruiters or its agents. "User" refers to any individual or entity who uses any aspect of the Site. "Job Seeker" means a User who is accessing the Site to search for a job or in any other capacity except as an Employer.
"Employer" means a person or entity that is accessing the Site to post a job or for any reason related to the purpose of seeking candidates for employment.
"You" and "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
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 Peak Recruiters intended and acceptable use of the Site. Peak Recruiters is the sole, and only, interpreter of the Site's intended and acceptable use
4.2 License to Use by Users who are Job Seekers. Peak Recruiters hereby grants you limited, terminable, and 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 you post to the Site and any consequences arising from such posting. Your use of the Site is a privilege. Peak Recruiters reserves the right to terminate that privilege for any reason at any time, at its sole discretion.
4.3 License to Use by Users who are employers or advertisers. Peak Recruiters hereby grants you a limited, terminable, and non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Site solely for your personal use directly related to using the Site for the purpose of searching and recruiting job prospects. You may not sell, transfer or assign any products or services or your rights to any products or services (including access to our Resume Database) provided by Peak Recruiters to any third party without the express written authorization of Peak Recruiters. You agree that you are solely responsible for the content of any Document you post to the Site and any consequences arising from such posting. Peak Recruiters reserves the right to terminate your access and use at any time if Peak Recruiters determines that you are in breach of any of these Terms and Conditions.
4.4 Other Specific Rules. You represent, warrant, and agree that you will not use (or plan, plot, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. Your responsibility is to ensure that your use of the Site complies with these Terms and Conditions and all applicable laws.
4.5 Rules for Posting, Conduct and Security. You agree to comply with our "Rules" for posting, conduct and security on the Site, which are attached hereto as Exhibit 1.
5. Intellectual Property Rights.
The Site and all right, title and interest in and to the Site is the sole property of Peak Recruiters or its licensors. Except for the limited licenses expressly granted to you in these Terms and Conditions, Peak Recruiters reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not use it in any other way for public or commercial purpose. This includes copying or adapting any HTML code used to generate Web pages on the Site. "Peak Recruiters," the Peak Recruiters design logo and certain other names or logos are service marks or trademarks of Peak Recruiters, and all related product and service names, design marks and slogans are the service marks or trademarks of Peak Recruiters. In addition, the "genesis" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Peak Recruiters' trademarks, service marks and copyrights.
6. Disclaimers and Limitations on Peak Recruiters' Liability.
6.1 Allotment of Responsibility. Peak Recruiters assumes absolutely no responsibility for Documents posted by Users and absolutely no responsibility for the activities, omissions or other conduct of Users. Peak Recruiters acts as a gateway for the distribution and publication of User submitted information and has absolutely no obligation to screen communications or information in advance and absolutely 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 this agreement, Peak Recruiters may examine the assertion and determine in good faith, and in its sole judgment, whether to remove or request the removal of such Document. Peak Recruiters has absolutely no liability or responsibility to Users for performance or nonperformance of such behavior. Peak Recruiters 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 Peak Recruiters. Nothing on the Site shall be considered an endorsement, representation or warranty in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
6.3 No Warranty of Results. Peak Recruiters is not an employment agency, and makes no representations, warranties, or guarantees regarding the effectiveness or timeliness of the Site in meeting the objectives of Users. Peak Recruiters does not guarantee that Documents posted by Users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions made by any User.
6.4 WARRANTY DISCLAIMERS
(a) THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR OTHERWISE IMPLIED. Peak Recruiters, TO THE EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND GUARANTEES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES? RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Peak Recruiters MAKES NO WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(b) Notwithstanding limitations on the foregoing:
(i) Peak Recruiters DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IN THE EVENT YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Peak Recruiters ABSOLUTELY IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) Peak Recruiters makes no representations, warranties or guarantees regarding the truthfulness, accuracy, 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 errors. You concur that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
(iii) Peak Recruiters makes no representation, warranties or guarantees regarding the Content of the Site.
6.5 DAMAGE LIMITS, ALLOCATIONS OF LIABILITY AND REASONABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
(b) IN NO EVENT SHALL Peak Recruiters (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY 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 THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON GUARANTEE, WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Peak Recruiters IS ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS IDENTIFIED IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN Peak Recruiters'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL Peak Recruiters (OR ANY OF ITS OWNERS, OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$100.00 (ALTERNATIVELY, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH Peak Recruiters, THE AMOUNTS ACTUALLY PAID BY YOU TO Peak Recruiters UNDER THE TERMS OF THIS AGREEMENT MAY BE GREATER THAN US$100.00).
(e) Due to the character of this Agreement, in addition to monetary damages, you agree that Peak Recruiters will be entitled to reasonable and equitable relief upon a breach of this agreement by you.
7. Payment of Services upon Termination of Service Agreement.
If at any time during the course of this Agreement you should terminate a Contractual Agreement in which these Terms and Conditions have been incorporated by reference, not to include your termination in the case of breach of this Agreement or the Contractual Agreement by Peak Recruiters, Peak Recruiters shall reserve the right to receive and obtain all payments from you for the Services used by you up to termination and for seventy-five percent (75%) of the unused portion of the Contractual Agreement.
8. Links to Other Sites.
Peak Recruiters contains links to third party web sites. These links are provided as a convenience to you and not as an endorsement by Peak Recruiters of the contents on such third-party web sites. Peak Recruiters is not responsible for the content of linked third-party sites and does not make any representations, warranties, or guarantees regarding the content or accuracy of materials on such third-party web sites. If you choose to use linked third-party web sites, you do so at your own risk.
9. Amendments to this Agreement and Changes to Site.
Peak Recruiters may amend, modify, alter, correct, change, and revise this Agreement at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acknowledgment and acceptance by you of the amended Terms and Conditions (including any Exhibits thereto). At any time you find the Terms and Conditions unacceptable, you may not use the Site any longer. Any new, different, or uncommon terms supplied by you are specifically rejected by Peak Recruiters unless Peak Recruiters agrees to them in a signed writing specifically including and incorporating those new or different terms. Peak Recruiters reserves the right to change the Site at any time.
10. Indemnity.
You agree to defend, indemnify, and otherwise hold harmless Peak Recruiters (and its officers, partners, owners, directors, employees and agents) from and against any third party claims, actions or demands (including, and without limitation, costs, damages and legal and accounting fees) alleging or resulting from, or in connection with, your use of the Site, any Document posted by you, or your violation of this Agreement. Peak Recruiters 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.
The Privacy Policy posted on the Site is incorporated into this Agreement by this reference. The Privacy Policy governs data collected through Peak Recruiters' on-line operations only. NOTE: as set forth in the Privacy Policy, that Peak Recruiters may collect certain personal information from Users and may contact Users episodically in accordance with the terms of the Privacy Policy. In addition, Peak Recruiters reserves the right to conform and comply, at its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain information collected from Users.
12. Inquiries and Notices.
Inquiries concerning the use of the Site should be directed to Peak Recruiters. Notices must be sent to the address listed on the Site and to the address submitted by you or such other address as Peak Recruiters reasonably determines is an appropriate address for you.
13. General.
Peak Recruiters contact information is listed on the Site. The Peak Recruiters makes no claims that the Content is suitable. 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 Peak Recruiters 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 and your Contractual Agreement, if you have one, are governed by the laws of the State of California, without respect to its conflict of laws principles. Authority for any claims arising under this Agreement or your Contractual Agreement shall lie exclusively with the state or federal courts in the State of California. The only connection between You and Peak Recruiters is that of autonomous contractors. If any provision of this Agreement is found to be null and void by any court having 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. All provisions of this Agreement shall endure termination except those granting access or use to the Site, and you shall conclude all your use and access thereof instantly. 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 ongoing waiver of such term or any other term. Except as specifically provided by Peak Recruiters in a particular "Legal Notice," or software license or material on particular Web pages of the Site, this Agreement and your Contractual Agreement where applicable, constitute the entire agreement between you and Peak Recruiters.
Exhibit 1- Rules regarding Posting, Conduct and Security Peak Recruiters is the sole interpreter and analyst of these rules. Users who breach these rules will have their access and use of the Site terminated, at Peak Recruiters' discretion. Peak Recruiters reserves the right to change, modify, or otherwise revise these rules in accordance with the amendment policy in the Terms and Conditions to which this Exhibit 1 is attached.
1.1. Posting Rules:
(a) Your Document may not contain:
(i) URLs or links to Web sites (to advertise your company or Web 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 and hidden from the User);
(vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful;
(vii) anything that is embarrassing or offensive to another person or entity.
(b) You may not use your Document(s) 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, including a request for payment to obtain job listings);
(iv) post chain letters or pyramid schemes;
(v) post opinions or notices, commercial or otherwise.
(c) Your Document(s) must contain sufficient and adequate detail to clearly convey to the User the nature and requirements of the job opportunity, or your qualifications as a candidate for employment. Documents that encourage the User 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 banned, barred and prohibited. Additionally, we reserve the right to remove such documents from the Site.
(d) Job postings must be individual openings for traditional, W-2 or 1099 employees.
(e) Resume postings must contain the accurate and correct resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.
(f) Peak Recruiters is under no obligation to examine or otherwise monitor the Documents posted on the Site, but it may examine and monitor Documents at its discretion. Documents found to infringe upon, or violate the above Posting Rules may be removed at Peak Recruiters' discretion.
1.2. Conduct Rules:
(a) You may not respond to postings by other Users 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 or exchanges soliciting the employer's business by our competitors are prohibited.
(b) You may not transmit, dispatch, or convey unsolicited commercial email to Users.
(c) Guard your password. You are responsible for maintaining the privacy and 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 may lose access to the Site. You agree to notify Peak Recruiters immediately of any unauthorized use of your registration and password.
(d) Report inappropriate postings or conduct to Feedback.
(e) You may not amend, delete or revise any material posted by any other person or entity.
(f) If at any time during the term of this agreement Peak Recruiters identifies that you:
(i) untruthful with Peak Recruiters of your business practices and/or services,
(ii) purchased services that do not represent your exact and specific business, Peak Recruiters reserves the right to terminate this agreement.
(g) Peak Recruiters is under no obligation or requirement to monitor the behavior, demeanor, ways, manners, or conduct of its Users, but it may examine, investigate, and respond when violations are reported.
1.3. Security Rules:
(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 will result in civil liability and possible criminal prosecution.
(b) Violation of these Security Rules may result in civil liability and possible criminal prosecution. Peak Recruiters will examine and investigate occurrences which may involve such violations and will involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
