NOTWITHSTANDING ANY PROVISON HEREIN, YOU UNDERSTAND THAT BY CHECKING THE BOX AND CLICKING THE “SUBMIT” BUTTON ON THE ACCOUNT SETUP OR SIGN-IN PAGE, OR BY SIMPLY USING THE PLATFORM OR THE SITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT ANY TERM OR CONDITION IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE GREAT RECRUITERS PLATFORM. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS. IN THAT EVENT, “YOU” AND “YOUR” AS PROVIDED HEREIN WILL REFER AND APPLY TO THAT ENTITY.
“User” is someone who accesses, scrapes, or in any way uses the Site.
“We,” “us,” and/or “our” refer to Great Recruiters.
“Content” means images, text, logos, photographic, audio files with or without, video, website addresses, any data, and all other forms of communication.
“Great Recruiters Content” means that Content created by us and made available to third parties in connection with the Site.
“Platform Rules” means those guidelines and policies governing Users’, listing companies’, and recruiters’ use of the Platform as detailed herein and on the Site. The Platform Rules may be revised and updated from time to time to facilitate the smooth operation of the Platform and achieve the optimal functionality as well as the Platform’s intended purpose as determined by Great Recruiters, in our sole discretion.
“Recruiter(s)” means those employees, agents, and independent contractors that access or use the Site or Platform under a valid Subscriber’s license to administer the reviews of Subscriber’s recruiters or other personnel, agents, or contractors with profiles on the Platform.
“Third-Party Content” means that Content that originates from parties other than Great Recruiters or its users.
“User Content” means Content submitted, posted, or transmitted in connection with the Site, such as reviews or postings, electronic communications, and any information displayed on the Site
“User Content” means that Content submitted, posted, or transmitted in connection with the Users’ use of Site.
“Site Content” or Platform means all the Content that is made available in connection with the Site, including Your Content, User Content, Third-Party Content, and Great Recruiters Content (collectively, the “Platform”).
2. Modifications and Changes
In its sole discretion, Great Recruiters may modify these Terms from time to time. The current version of these Terms will be located on the Site. All Users agree that access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. Any material changes to these Terms, will be noticed to you by email or by posting a notice on the Site at least five (5) days prior to the effective date of any such changes. The date that revisions were last made can be obtained by contacting us. You should revisit these Terms on a regular basis. You agree that any continued access to the Site or use of the Site after the effective date of any modifications to the Terms indicates your acceptance of the modifications.
3. Choice of Language
If these Terms are translated into any language for convenience of the User, the English version shall govern your relationship with Great Recruiters and your usage of the Site. Any inconsistencies or conflicts among the different language versions shall be controlled by the English version.
4. Using the Site
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms.
If you are a recruiter, agent of a recruiter, or a user who is accessing the Site or Platform under a license granted by Great Recruiters to your employer or principal, you hereby acknowledge and agree that use of the Platform and Site is governed exclusively by the applicable license and/or agreement granted to or executed by the entity, employer, or principal that has provided you such access. Note that Great Recruiter does not grant individual licenses or access rights to individuals as subscribers outside the unites States; therefore, you acknowledge and agree that no rights are granted by your use of the Platform, nor does your access provide or give rise to any rights or privileges as provided under the General Data Privacy Regulation (“GDPR”) or any other regulatory regime.
B. Permission to Use the Site
In consideration for your agreement to these Terms, we grant you, the User, permission to access and use the Site subject to the restrictions in these Terms and applicable law. Use of the Site is at the risk of the User. Such risks include the User being exposed to Content that is objectionable, including offensive and inaccurate Content.
C. Content Availability
Content and/or the Site may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability to Great Recruiters.
D. User Accounts and Passwords
Sometimes, we may create the account on behalf of companies and recruiters that list their organizations or services on the Platform. Users are responsible for maintaining the confidentiality of their account password. You are also solely responsible for all activities in connection with your account. You are required to notify us immediately of any unauthorized use of your account. Nothing in these Terms vests any right to continued use of the Platform or your account, whereas, we reserve the right to block, close, or limit access to your account at any time as we see fit in our sole discretion.
Your account is for your exclusive use only. In creating your account, you hereby agree to provide complete and accurate information related to your account, including your true name and other personal identifiable information. Impersonation of another or creating a fictitious person or entity for anyone other than yourself or your company is strictly prohibited and not permissible with applicable law. You may not provide an email address that is not your own, nor may you create multiple accounts on the Site, unless consistent with the Platform Rules with respect to such matters or otherwise in the spirit of the intended purpose of the Platform. Any such determination or decision to delete or limit the number of accounts and/or profiles of any User is strictly within Great Recruiters’ sole discretion.
E. Communications from Great Recruiters and/or other Users
By creating an account, you agree to receive certain communications in connection with the Site. Unless You opt out, you may receive our newsletters and other correspondences helpful in connection with your use of the Platform. Of course, you may choose to opt out of any or all nonessential communications by clicking the appropriate selection on the preference page for your account or by unsubscribing using the link at the bottom of such email communication.
5. Platform Content
A. Your Content
You are responsible for Your Content posted or published through Your account. If published, such Content might not always be edited or withdrawn. All risks associated with Your Content are assumed by You. By using the Platform, you represent that you hold,own, or have the necessary rights or permissions to use Your Content, and authorize Great Recruiters to use, publish, and maintain Your Content on the Site.
There may be liability exposure if Your Content contains material that is false, intentionally misleading, or defamatory; contains third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
B. Rights to Content
Except for personally identifiable data, such as your name, address, and telephone number, we may use Your Content in a number of different ways, including publicly displaying it, reformatting it, editing it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, monetizing it, hypothecating it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for any purpose that we see fit. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Great Recruiters and its users, any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
Insofar as Content is concerned, you own Your Content. We own the Great Recruiters Content and you have no rights to Great Recruiters Content whatsoever, except as provided in the limited license provided in these Terms or as may otherwise be narrowly permitted under the Platform Rules, such as using badges, soliciting reviews, and creating links to the Platform for mutual benefit and promotion. This means you may not use any visual interfaces, interactive features, graphics, design, compilation of User Content and any other Site Content, computer code, products, software, aggregated reviews and/or ratings, or any other elements and components of the Site, with the exclusion of Your Content minus any editorial changes made by us. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights worldwide.
D. Display of Content and Advertising
Great Recruiters may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to, nor will you receive any compensation for such advertisements. Any advertisements or displays are subject to change without notice to you.
E. Content Feeds
Some Site Content may be available via Real Simple Syndication and/or Atom feeds (a/k/a “feeds”). You may access and use such feeds in order to display such Content on your devices or blog provided that any use of such Content is for personal, non-commercial purposes only and display of feed Content links back to the relevant pages on the Site.
Your use or display of the feed Content detailed above shall not be used to suggest that Great Recruiters promotes or endorses any third parties or any other products, services, or websites.
F. Not the Opinion of Great Recruiters
No User Content reflects the opinion of Great Recruiters. We reserve the right to remove, screen, edit, or reinstate User Content at any time as we see fit at our sole discretion for any reason or no reason whatsoever. If we believe a review in you Content violates our any policy of ours, we may review it, block it or delete it entirely without any obligation to retain or provide you with notice or copies. No User Content or communication should have any expectation of confidentiality with respect to the User Content or reviews.
We are under no obligation to enforce these Terms for your benefit or on your behalf against any other user or third party.
A. You agree not to, nor to encourage or assist others, use the Platform or the Site to:
- Violate any of these Terms, such as writing a fake or defamatory review, exchange reviews with other users, or solicit compensation for writing or removing a review or any Content;
- Threaten, stalk, harm, or harass anyone, or promote bigotry or discrimination on the Site or in connection with your usage of the Platform;
- Promote any commercial activity or event, except in connection with the expressly stated purposes as expressly permitted by Great Recruiters;
- Send spam, bulk emails, surveys, or any mass messaging not otherwise permitted under the Platform Rules; solicit personal information from minors; submit or transmit pornography or illicit material; violate any applicable law.
- Use any device, software,or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; use the Site to violate any security of a computer network or crack passwords or security encryption codes; disrupt or interfere with the security of the Site or any Content therein; interfere with any security-related features of the Site.
The restrictions above apply to the extent permissible under applicable law. Nevertheless, you agree not to take any actions contrary to the above provision, notwithstanding such is permissible under applicable law, without providing us 45 days’ prior written notice, along with any information that is reasonably required to allow an opportunity for alternative remedies or otherwise reasonably attempt to accommodate your request.
7. Platform Rules
Users, companies, and recruiters are expected to obey the Platform Rules as may be amended from time to time and posted on the Site. We reserve the right to suspend or cancel any account or User that does not conform to the Platform Rules. The User has no right to have any account maintained or saved on the Site. Great Recruiters is under no obligation to continue, maintain, or refrain from suspending or deleting a User account or any review or listing. All Users, by logging in to the Site, or using the Site in any way, expressly waive any and all rights they think they have to maintain an account or post any material whatsoever on the Platform for any period of time. All Users expressly agree that any and all accounts on the Site are granted and maintained at the pleasure of Great Recruiters, who may suspend, edit, delete, or cancel any User account for not obeying the Platform rules, or for no reason whatsoever, in the sole discretion of Great Recruiters.
8. Suggestions or Ideas
You agree that any ideas, suggestions, documents, or proposals that you send to us for any reason impose no obligation upon Great Recruiters to consider or otherwise keep such materials confidential. We may or may not have something similar to the ideas presented already under development or consideration, and you grant Great Recruiters an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense any ideas or improvements, and you irrevocably waive, and cause to be waived, against Great Recruiters and any of its users any and all claims or assertions regarding the materials or ideas sent.
9. Platform as a Service (PaaS) in Michigan
The Platform, User access, any payments, and all services provided hereunder shall occur, transact, or otherwise be provided completely within the State of Michigan or deemed so in the instance of doubt. No User shall be required to download any software or application to use the Platform.
10. Third Parties
Great Recruiters does not control or endorse any third-party sites. You agree that we are not responsible for the availability or contents of such third-party sites. Your use of such sites is at your own risk.
Some of the services made available through the Site may be subject to additional third-party or open-source licensing terms and disclosures, including the ones posted here or otherwise incorporated herein by reference.
You agree to indemnify, defend, and hold Great Recruiters, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each of them harmless, including costs, liabilities, and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to and use of the Site, (ii) your violation of these Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or any rights of any person or entity. Great Recruiters reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims, which may be pursued or not pursued as we see fit in our sole discretion. You agree to notify us immediately upon notice of any claim and not to settle any matter without the prior written consent of Great Recruiters. Great Recruiters will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
12. Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF GREAT RECRUITERS TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH COUNSEL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND KNOWINGLY AGREE TO EACH AND EVERY TERM IN THIS AGREEMENT. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
A. THE PLATFORM AND SITE ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND THAT GREAT RECRUITERS MAY OR MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. YOUR USE OF THE PLATFORM AND THE SITE IS AT YOUR OWN RISK. GREAT RECRUITERS MAKE NO REPRESENTATIONS OR ANY PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE OR THE PLATFORM. WE MAKE NO WARRANTY AS TO THE SITE’S SAFETY OR SECURITY, NOR SHOULD ANY WARRANTY BE INFERRED AS TO SITE CONTENT WHATSOEVER. WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY OPERATION OR INOPERABILITY ASSOCIATED WITH THE SITE, INCLUDING WITHOUT LIMITATION SECURITY VULNERABILITIES, QUALITY, ACCURACY, OR RELIABILITY OF ANY LISTING, RATING, OR REVIEW (INCLUDING ANY CONTENT THEREIN).
B. GREAT RECRUITES MAKES NO CLAIMS, REPRESENTATIONS, OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY OR OTHER USERS, OR ANY ADVERTISERS LISTED ON THE SITE OR THE SITE’S USERS. ACCORDINGLY, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE ACTIONS OR OMISSIONS OF ANOTHER USER OR ENTERPRISE MISUSING YOUR CONTENT, IDENTITY,OR PERSONAL INFORMATION.
C. GREAT RECRUITERS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING ANY WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY USERS, BUSINESSES, OR OTHER ORGANIZATIONS USING THE PLATFORM OR LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY ANY GREAT RECRUITERS REPRESENTATIVE SHALL NOT CREATE ANY REPRESENTATION OR WARRANTY.
D. YOUR SOLE AND EXCLUSIVE REMEDY IN ANY CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE OR CLAIM YOU ASSERT SHALL BE YOUR DISCONTINUATION OF USE OF THE SITE.
E. GREAT RECRUITERS’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFERED IN CONNECTION WITH THE SITE SHALL BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID TO GREAT RECRUITERS, IF ANY, BY YOU IN CONNECTION WITH THE SITE IN THE ONE YEAR PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
F. GREAT RECRUITERS DISCLAIMS LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
13. Choice of Law and Venue
Michigan law shall govern these Terms without regard to its conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND HEREBY CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE COURTS LOCATED WITHIN OAKLAND COUNTY, MICHIGAN OR SOUTHEAST MICHIGAN FOR FEDERAL COURT.
B. We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
C. Regardless who terminates the agreement, Sections 1, 5, 6, 10-14 shall continue in full force and effect, including our rights to use Your Content as detailed in Section 5.
15. General Terms
A. We reserve the right to modify, update, or discontinue the Site at our sole discretion without notice or liability.
B. We may provide you with notices, including those regarding changes to these Terms by email or other communication available through the Platform or Site.
C. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to create any third-party beneficiary; nor shall these Terms confer any rights or remedies upon any third party.
D. The Terms herein contain the entire agreement between Great Recruiters and you regarding access to and the use of the Site. These Terms supersede any prior agreement between you and Great Recruiters concerning the subject matter herein. Neither party has placed any reliance upon any representation made but not expressly contained in these Terms.
E. Any failure on our part to exercise or enforce any right or provision of these Terms, or right conferred by law, does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein or by applicable law shall not be deemed a waiver of any further rights hereunder or provided by law or equity.
F. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention.
G. These Terms, and any rights or obligations hereunder or otherwise available by operation of law, are not assignable or transferable in any form whatsoever without Great Recruiters’ prior written consent. However, any and all provisions and rights created by these Terms may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and such transfer shall be void.
H. Any and all section heading and titles in these Terms are for convenience only and have no legal force or contractual effect.
16. Non-U.S. Users
For Users who are “natural persons” as defined under General Data Protection Regulation (“GDPR”) and are visiting our Platform and Site from the European Union (“EU”) or any other country outside the United States, please be advised that your information may be transferred to, stored, and/or processed in the United States, which is where Great Recruiters servers are located. Data protection and other laws of the United States or other countries might not be similar or as comprehensive as those in your country, but please be assured that Great Recruiters takes the appropriate steps pursuant to laws and regulations in the United States to ensure that your privacy is protected.
In order to use the Great Recruiters platform, either directly or via a hosted subscriber portal, users must provide a name and email address. Great Recruiters will encrypt personal data when such data is transferred (aka “Pseudonymisation”). Users personal data may be transferred to and stored in locations outside the European Economic Area (“EEA”) (such as the United States of America) at a Great Recruiter’s server. If you have questions about the appropriate safeguards that Great Recruiters has in place or would like to obtain a copy of such safeguards, please contact our Data Protection Officer via: firstname.lastname@example.org.
If Great Recruiters (either directly or indirectly) transfers your personal data to a recipient outside the EEA, it will only do so in compliance with the GDPR. If your personal data is obtained and stored on Great Recruiter’s server as a result of your relationship with a Great Recruiter’s subscriber, Great Recruiters we will take appropriate steps to ensure that your personal data is adequately Protected under applicable law. Typically, Great Recruiters carries out data security reviews of any recipients and imposes contractual requirements with such recipients to ensure they employ the same or similar technical, functional, and organizational measures as Great Recruiters, so your data is consistently protected under the same or similar standards. For more information on cross-border transfers of your personal data or Great Recruiter’s safeguards, please address and contact our “Data Controller” via the following: email@example.com.
As noted above, your personal data may end up on a server in the United States perhaps because you engaged one of Great Recruiter’s subscribers or otherwise consented to provide such data or personal information to Great Recruiters. Great Recruiters does not use the personal data collected to make automated decisions regarding employment or credit screening. The following are some examples that illustrate how Great Recruiters keeps your personal data and for what purpose:
- Great Recruiters may keep your personal data collected during a site visit involving a purchase of services for as long as required by applicable tax law;
- Great Recruiters may keep your personal data relating to your user account for up to 9 months following the date you delete your account so you may reactivate the account if preferred; and
- Great Recruiters may keep your personal data associated with your hardware so you may continue access from your hardware device.
- Great Recruiters will delete your email address used for direct marketing purposes (such as newsletters, service offers, etc.) after you have informed us that you no longer wish to receive such communications from Great Recruiters. We will retain your email address for service-specific communications unless you request removal, accomplished by deleting your account with Great Recruiters or the applicable subscriber.
Users who are “natural persons” under the GDPR, also have the following rights as applicable and defined under the GDPR: right to be informed; Right of access; Right of rectification or correct inaccurate personal data; Right to erasure (or “be forgotten”); Right to restrict data processing; Right to data portability; Right to object; and Rights to contest automated decisions and profiling. For details on these right or any other term, condition or policy of Great Recruiters, contact our Data Protection Officer via: firstname.lastname@example.org.
Subscriber users agree to comply with all applicable laws, and regulations that apply to their activities in connection with using the Site and Platform. If Subscriber and or users is based outside the United States, by agreeing to these Terms, Subscriber acknowledges and agrees to comply with the privacy laws and data transfer regulation in the jurisdiction in which Subscriber operates. Further, Subscriber agrees to indemnify and hold Great Recruiters harmless for any damages accessed, costs or liability incurred or arising from Subscriber’s use of the Platform, including without limitation gathering any user’s personal data, processing, transferring, or sharing such personal data to Great Recruiters or to its servers in the Unites States.