Last Updated: March 18, 2012
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This Agreement is an electronic contract made between Hospihire, on the one hand, and each user of this website, on the other hand (including all entities, individuals, employers or their authorized agents, job seekers, and members of the general public who visit the website and/or use our services, whether or not they register as a member of Hospihire) (collectively “users” or “you”). These Terms constitute a binding agreement between you and Hospihire, which will remain in full force and effect while you use this website and/or maintain an account with Hospihire, and are deemed accepted by you each time that you use or access our website. By accessing the website, you represent and warrant that you are at least eighteen (18) years of age; that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; and that you will not resell or assign your rights or obligations under these Terms.
By accessing the website, you also consent to have this Agreement provided to you in electronic form. You have the right to receive this Agreement in non-electronic form, and you may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of these Terms, please send a letter and self-addressed stamped envelope to the address provided at the end of this Agreement.
II. Modification & Termination
Hospihire reserves the right, at any time, to: change these Terms; change the website, including eliminating or discontinuing any content on, feature of, or service made available through the website; or change any fees or charges for use of the website. You agree that Hospihire not be liable to you or to any third party for any such changes.
Hospihire reserves the right to immediately terminate this Agreement, and/or your access to and use of this website or any portion thereof, at any time and for any reason, with or without cause. Specifically, Hospihire reserves the right at any time and in its sole discretion to block users from certain IP addresses from accessing the website. Hospihire also reserves the right at any time and in its sole discretion to cancel the account of any user registered with Hospihire. Hospihire is not required to provide you notice prior to canceling your account. Nor is Hospihire required to disclose a reason for the cancelation of your account. Upon termination of this Agreement by either party, your right to use the website shall immediately cease, and you shall destroy all materials obtained from the website and all copies thereof, whether made under the terms of this Agreement or otherwise. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
III. Registration & Membership
Although certain areas of the website do not require you to create an account with Hospihire, some areas do. When, and if you register with Hospihire, you agree to provide true, accurate, current, and complete information about yourself as prompted by our registration fields (including your email address); and maintain and update your information (including your email address) to ensure that it is true, accurate, current, and complete.
You must be at least eighteen (18) years of age to register with Hospihire. Registration is void where prohibited.
While employers may browse Hospihire’s website at no cost, they will have the ability to participate in only some of the features and services available through the website. For example, in order to post jobs, you must pay per job posting. In order to access additional features and services, including the ability to connect with candidates, you must become a paying Hospihire member.
IV. Pricing & Payment
Please see the pages of our website discussing employer membership, job postings, and other premium Hospihire services for descriptions of the current plans and prices, which are deemed part of this Agreement. The prices of our services are quoted exclusive of any applicable taxes and charges, for which you are solely responsible. Price and availability of any service are subject to change without notice.
When you place an order to purchase any job posting, membership, or other service, we will send you a confirmation email. Your order constitutes an offer to purchase our service, and our confirmation email constitutes our acceptance of your offer.
To ensure continuous service, if you purchase a Hospihire membership, unless you have turned auto-renew off, your membership will automatically renew at the end of each commitment subscription period for an equivalent subscription period, at the prevailing rate at the time of auto-renewal. Promotional discounts or other offers apply to first term only. By subscribing, you authorize Hospihire to charge your credit card (or other payment method) at that time, and again at the beginning of any subsequent subscription period. You also authorize Hospihire to charge you for any sales or similar taxes that may be imposed on your membership payments. You may cancel auto-renewal at any time by navigating to Account Settings, and adjusting your membership options accordingly. Should you choose to cancel auto-renewal, your account will be active through the duration of your current subscription period, but will not auto-renew upon its completion.
If you purchase a Hospihire membership and subsequently terminate your subscription, your membership will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). If Hospihire terminates your membership because you have in some way violated the terms of this Agreement, you will not be entitled to any refund of unused membership or job posting fees.
V. Hospihire Content
Hospihire owns and retains all proprietary rights in this website. The contents of our website, such as designs, text, graphics, images, video, logos, software audio files, codes used to generate or display Hospihire content, and other information on our website are protected under copyright, trademark, service mark, and other proprietary rights of Hospihire or its licensors. The compilation (defined as the collection, organization, and assembly) of all content on the Hospihire site is also the exclusive property of Hospihire and is protected by copyright, trademark, and other laws. Except for that information which is in the public domain, you may not copy, reproduce, republish, upload, post, transmit, sell, or distribute materials from the website in any way, without prior written permission from Hospihire. You may however, access and use our website and download one copy of the content available on our site on any single computer solely for your personal, non-commercial use, provided that in all cases you preserve all copyright, trademark, service mark, and other proprietary notices.
Use of the website for any other purpose or modification of the site may violate our proprietary rights and/or applicable communications laws, and is strictly prohibited. You acknowledge that you do not require any ownership rights by using this website, and that nothing contained in these Terms or on our website should be construed as conferring, by implication, estoppel, or otherwise, any license to intellectual property rights. The license to use this website for your personal, non-commercial use and pursuant to the terms of this Agreement is revocable by Hospihire at any time without notice and with or without cause.
Opinions, advice, offers, statements, or other information or content made available through the website, but not directly by Hospihire, are those of their respective authors, and should not necessarily be relied upon by you. Said authors are solely responsible for such content. Hospihire does not: (i) guarantee the accuracy, completeness, usefulness, or reliability of any content on the website, or (ii) adopt, endorse, or bear responsibility for the accuracy or reliability of any opinion, advice, offer, or other statement made by any party that appears on the website. You acknowledge that any reliance on material posted by users of this website will be at your own risk. Under no circumstances will Hospihire be responsible for any loss or damage suffered by you as a result of your reliance on content posted on the website or transmitted to or by any of users of the website.
VI. User Content & Submissions
By submitting, posting, or displaying data, text, photographs, logos, images, videos, or any other information and content to Hospihire, you:
(a) automatically grant, and represent and warrant that you have the right to grant, to Hospihire, and its licensees and successors, a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, copy, display, reproduce, adapt, modify, distribute, and publish such information and content through Hospihire, and to grant and authorize sublicenses (through multiple tiers) of the foregoing; and
(b) automatically grant, and represent and warrant that you have the right to grant, to Hospihire, and its licensees and successors, a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, copy, display, reproduce, adapt, modify, distribute, and publish such information and content which you post or otherwise make available on the public areas of the website, for the purpose of promoting Hospihire and its services; and
(c) automatically grant, and represent and warrant that you have the right to grant, permission to all users of Hospihire’s website to access, display, view, store and reproduce such information and content which you post or otherwise make available on the public areas of the website, for such users’ personal use; and
(d) represent and warrant that you have the legal right to post or submit such content, and that the public posting and use of your content by Hospihire will not violate the law or violate or infringe the rights of any third party; and
Subject to the foregoing, the owner of any data, text, photographs, logos, images, videos, or other content placed by a user on our website retains any and all rights that may exist in such content, including all patent, trademark, service mark, and copyright rights, and you are responsible for protecting those rights, as appropriate. Hospihire claims no ownership or control over any information or content submitted, posted, or displayed by you on or through the website, and Hospihire shall not be liable for any use, display, or disclosure of the same. Rather, all user content is the sole responsibility of the person from which it originated.
While Hospihire is under no obligation to monitor the information and content you submit, post, display, or transmit on or through our website, Hospihire does reserve the right to refuse to accept, post, display, or transmit any such information or content in its sole discretion. Hospihire also reserves the right to modify or remove, or to request you to modify or remove, any such information or content which in the sole judgment of Hospihire violates this Agreement, or any applicable laws, rules, or regulations, or which Hospihire believes is not in the best interests of Hospihire. Hospihire also reserves the right to terminate the account any any user who in the sole judgment of Hospihire has submitted, posted, displayed, or transmitted information or content in violation of these Terms, or any applicable laws, rules, or regulations.
You understand and acknowledge that you have no ownership rights in your account, and that if you cancel your account, or if Hospihire terminates your account pursuant to this Agreement, all of your account information (including, without limitation, your profile, any text, photographs, logos, images, video or other information you post, as well as any saved “favorite” candidates or jobs, messages, contact information, or other saved information associated with your account) will be removed from any public areas of the website, and will be marked as deleted in and may be deleted from Hospihire’s databases. Information may continue to be available for some period of time because of delays in executing such deletion throughout Hospihire’s systems. You also understand and acknowledge that Hospihire reserves the right to delete your account and all of your information after a significant duration of inactivity.
Hospihire encourages you to keep a back-up copy of all content you post or otherwise submit to the website. Under no circumstances shall Hospihire be liable for the deletion, loss, or modification (whether authorized or unauthorized) of any user content.
VII. Code of Conduct
While using the website, you agree to comply with all applicable laws, rules and regulations, and any other contracts you may have with Hospihire (In the case of any conflict between these Terms and any contract you have with Hospihire, the terms of your contract will prevail). You also agree to use the searching, posting, and other features of our website only for the non-commercial purposes of seeking employment or employer information, seeking job candidates, or for professional networking purposes.
You agree to maintain the confidentiality of your account, profile, and password, and to ensure that you exit from your account at the end of each session. You represent that you will not transfer, resell , or share your password or other account access information with any other party, and you acknowledge that you bear full responsibility for all activities that occur under your username and password, whether or not authorized by you. You also represent that you will notify Hospihire immediately upon learning of or suspecting any unauthorized use of your account, profile, or password. Hospihire will not be liable for any loss or damage arising from your failure to comply with this provision.
While using the website, you also agree not to:
(1) make any unauthorized commercial use of this website;
(2) distribute or reproduce in any way any copyrighted material, trademarks, service marks, or other proprietary information contained on the website without obtaining the prior consent of the owner of such proprietary rights;
(3) remove or modify any copyright, trademark, service mark, or other proprietary rights notices contained on the website;
(4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through our website;
(5) use any of the Hospihire content on any other website or in a networked computer environment, including, without limitation, by uploading or republishing Hospihire content on any internet, intranet, or extranet site or incorporating Hospihire content in any other database or compilation for any purpose
(7) restrict, inhibit or otherwise interfere with any other user from accessing or using the website, including, without limitation, by means of “hacking” or defacing any portion of the website, or by engaging in spamming or flooding Hospihire’s servers or networks connected to the website with requests or in any other action that imposes an unreasonable or disproportionately large load on our website’s infrastructure;
(8) use any device to navigate or search our website other than the tools available on the website, generally available third party web browsers, or other tools expressly approved by Hospihire;
(9) use any robot, spider, site search/retrieval application, or other device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the structure or presentation of the website (except that this restriction shall not be interpreted to preclude a search engine from using a spider, robot, or similar device or process to crawl and index the site for purposes of feeding search results in response to applicable legitimate search queries);
(10)frame or link to any Hospihire content or information available from our website, unless permitted by these Terms or with prior written authorization;
(11)use meta tags or code or other devices containing any reference to Hospihire or the website in order to direct any person to any other website for any purpose;
(12)reverse engineer, decompile, or otherwise disassemble any portion of the website or any software used on or for the website;
(13)violate or attempt to violate the security of our website, including but not limited to attempting to probe, scan or test the vulnerability of a system or to breach authentication or other security measures without proper authorization;
(14)post or otherwise transmit through our website any software or other materials that contain any virus, worm, time bomb, Trojan horse, spyware, adware or any other computer code, files or programs designed to interrupt or harm the functionality of any computer software or hardware or telecommunications equipment;
(15)express or imply that any statements you make are endorsed or approved by Hospihire without our prior written consent;
(16)impersonate any person or entity or misrepresent your affiliation with any other person or entity;
(17)stalk, harass, incite harassment or advocate harassment of any person, group, or company;
(18)solicit personally identifying information for commercial or unlawful purposes from other users;
(19)create any profile or apply for any job on behalf of another party;
(20)set more than one copy of the same profile information or job posting to public at any one time;
(21)share with a third party any login credentials to our website;
(22)solicit passwords from other users;
(23)login to a server or account which you are not authorized to access or otherwise access data not intended for you
(24)delete or modify any content posted by any other person or entity;
(25)provide inaccurate, misleading, or false information to Hospihire or to any Hospihire user (If information provided to Hospihire, or a Hospihire user, subsequently becomes inaccurate, misleading, or false, you must promptly notify Hospihire of this fact);
(26)post, upload, transmit, publish, display, or otherwise submit on or through the website:
(a) any copyrighted material, trademarks, service marks, trade secrets, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, or any other content that infringes on or promotes or endorses others to infringe upon our or any third party’s intellectual property rights (such as providing pirated computer programs, images, audio files, or video files or links thereto);
(b) any content or links to content that is unlawful, false, fraudulent, misleading, libelous, defamatory, vulgar, obscene, pornographic, sexually explicit, abusive, hateful, threatening, harassing, discriminatory, racist, implicitly or explicitly offensive to the online community, likely to cause annoyance or embarrassment, infringing upon an individual’s rights to privacy or publicity, or is otherwise objectionable as determined by Hospihire’s discretion;
(c) any content that promotes, endorses, or provides instructional information about illegal activities such as making or buying illegal weapons, violating an individual’s privacy, or providing or creating computer viruses;
(d) any content containing racial, ethnic, sexual, or other discriminatory slurs;
(e) any content that exploits people under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under the age of eighteen (18);
(f) any advertisements, solicitations, or other content that involves the transmission of “chain letters”, “junk mail”, “spamming”, pyramid schemes, investment opportunities, or other unsolicited commercial communication, except as otherwise expressly permitted by Hospihire;
(g) any content that contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(h) any hyperlinks, other than those specifically authorized by Hospihire;
(i) any incomplete, false, or inaccurate biographical information or information or content which is not your own;
(j) any non-public information about a company without the company’s express authorization
Although Hospihire cannot monitor the conduct of its users off the website, it is also a clear violation of these Terms to use any information obtained from Hospihire or the website for anything other than the non-commercial purposes of seeking employment or employer information, seeking job candidates, or for professional networking purposes. Likewise, it is a clear violation of these Terms to use any information obtained from Hospihire or the website in violation of any law or regulation, or to engage in any of the prohibited conduct listed above.
Hospihire reserves the right to investigate and take appropriate legal action in its sole discretion against any person or entity that has engaged in any of the above-listed prohibited activities, including without limitation, removing in whole or in part any content from the website which in the sole judgment of Hospihire violates this Agreement or which Hospihire believes is not in the best interests of Hospihire, terminating the membership of the offender, expelling the offender from any future use of Hospihire’s website or services, and cooperating with law enforcement authorities in prosecuting users involved in violations of system or network security or other illegal activity.
Hospihire also reserves the right, in order to ensure a secure and valuable experience for all of our users, to limit the amount of data (including profile and job posting views) that may be accessed by you, or to limit the provision of any service or functionality of the website (including messaging), in any given time period. Hospihire may amend these limits in its sole discretion from time to time.
VIII. Additional Terms Applicable to Employers
Employers are solely responsible for their postings on our website, and for their interactions with other Hospihire users. Hospihire is not, and should not be considered to be, an employer with respect to any user’s use of our website. Under no circumstances shall Hospihire bear any responsibility for any employment decisions made by any individual or entity posting jobs on our website.
Employers registered with Hospihire who have access to the database of candidate profiles must use such profiles and all candidate information therein in accordance with all applicable privacy and data protection laws. You must not disclose any of the information from a candidate’s profile to any third party unless you are using the information exclusively for employment purposes. You shall take appropriate measures to protect the data you have obtained from candidates’ profiles from loss, misuse, unauthorized access, disclosure, alteration or destruction. You hereby agree that you will not share your login credentials with any third party for purposes of sharing candidate profile information, or for any other purposes.
When using the website, in addition to and without limitation of any other prohibited content or behavior that is prohibited under this Agreement (including but not limited to the content and behaviors listed in the Code of Conduct in Section VII above), you also agree not to:
(1) use any information, content, or feature on the website for any purpose other than as an employer seeking job candidates, including but not limited to selling, promoting, or advertising any services or products;
(2) post jobs, profiles, or other content, or transmit any communication that does not comply with applicable local, state, federal, and international law, including without limitation laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, and intellectual property;
(3) except where allowed by applicable law, post jobs or transmit any communication which requires or request a job candidate to provide information relating to his or her racial or ethnic origin, national origin, age, gender or gender identity, political beliefs or associations, philosophical or religious beliefs or associations, membership of a trade union, physical or mental health, sexual life or sexual orientation, or criminal history;
(4) post jobs with, or transmit any communication about jobs with, any screening requirement or criterion where such requirement or criterion is not an actual and legal requirement of the job;
(5) promote any opportunity that does not represent bona fide employment, which generally requires the employer’s use of IRS forms W-2 or 1099;
(6) post, or transmit communications about, jobs or advertisements for any competitor of Hospihire or post jobs or other content containing links to any website competitive with this website;
(7) post, or transmit communications about, jobs for modeling, acting, talent or entertainment agencies or talent scouting positions;
(8) advertise sexual services or seek employees for jobs of a sexual nature;
(9) request the use or donation of human body parts, including, but not limited to, reproductive services such as egg donation and surrogacy;
(10)endorse or promote a particular political party, agenda, position, or issue;
(11)endorse or promote a particular religion;
(12)post, or transmit communications about, jobs located in countries subject to economic sanctions of the United States Government
(13)post jobs or employer profiles containing unreadable or “hidden” keywords, repeated keywords or keywords that are irrelevant to the job or are otherwise misleading, as determined in Hospihire’s reasonable discretion;
(14)post jobs containing more than one job or job description, more than one location, or more than one job category, unless specifically authorized by Hospihire; or
(15)make unsolicited communications (including without limitation phone calls, faxes, postal mail, e-mail, online messaging of any kind) to any other Hospihire user unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted).
As with content posted by any Hospihire user anywhere on the website, Hospihire is under no obligation to monitor the information contained in job postings or employer profiles. However, you agree that Hospihire reserves the right to modify or remove, or to request you to modify or remove, any information residing on or transmitted to such areas of the website which in the sole judgment of Hospihire violates these Terms or which Hospihire believes is not in the best interests of Hospihire. You also agree that Hospihire may terminate the account any user of such area who in the sole judgment of Hospihire has acted in violation of these Terms. Furthermore, if at any time during your use of this website, you made a misrepresentation of fact to or otherwise mislead Hospihire with respect to the nature of your business activities, Hospihire may terminate your account and use of this website.
IX. Additional Terms Applicable to Job Candidates
Individuals using this website in their capacity as job candidates must use the website for their personal use only, and must not use the website in connection with any commercial endeavors. Organizations, companies, and/or businesses may not register or create profiles as job candidates.
When using the website, in addition to and without limitation of any other prohibited content or behavior that is prohibited under this Agreement (including but not limited to the content and behaviors listed in the Code of Conduct in Section VII above), you also agree not to post any telephone numbers, street addresses, email addresses, or other means of contacting you in any of the publicly accessible areas of this website.
Additionally, any information you post to your profile or otherwise submit to Hospihire must be accurate, truthful, current, and must describe you, as an individual person, and no other person or entity. You acknowledge and agree that you are solely responsible for your postings on our website, and for your interactions with other Hospihire users.
As with content posted by any Hospihire user anywhere on the website, Hospihire is under no obligation to monitor the information contained in candidate profiles. However, you agree that Hospihire reserves the right to modify or remove, or request you to modify or remove, any information residing on or transmitted to candidate profiles which in the sole judgment of Hospihire violates these Terms or which Hospihire believes is not in the best interests of Hospihire. You also agree that Hospihire may terminate the account any candidate who in the sole judgment of Hospihire has acted in violation of these Terms.
X. Third Party Websites
This website contains links to third party websites. These links are provided solely as a convenience to you, and do not constitute an endorsement or sponsorship by Hospihire of such websites or of the content presented through such websites. You acknowledge and agree that Hospihire makes no representations regarding, and bears no responsibility for, the information which may or may not be provided by or through linked third party sites. You further acknowledge and agree that Hospihire shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any content, goods, or services available on or through linked third party sites.
XI. Hospihire’s Liability
This website and content (whether submitted by users or by Hospihire) may contain inaccuracies or typographical errors. Hospihire makes no representations about the quality, accuracy, reliability, completeness, or timeliness of any website content. Hospihire cannot guarantee and does not promise any specific results from use of this website. No advice or information, whether oral or written, obtained by a user from Hospihire or through or from this website shall create any warranty not expressly stated in this Agreement.
Among other things, this website provides a space for employers in the hospitality and retail industries to post job opportunities and search for and connect with job candidates, and a place for persons seeking employment in the hospitality and retail industries to post profiles and search for and apply for positions. Hospihire does not make any representations about, screen, or censor user content, including profiles and job postings. Nor is Hospihire involved in the actual communications or transactions between employers and candidates. As such, Hospihire bears no responsibility whatsoever for the quality, safety, truthfulness, reliability, or legality of the jobs, profiles, or statements posted or transmitted through the website, or for the actions or inactions (online or offline) of employers and candidates using its website. While Hospihire reserves the right in its sole discretion to remove or modify content posted by its users, or request its users to remove or modify content posted by them, Hospihire does not assume any obligation to do so and disclaims all liability for performance or nonperformance of such activities.
You understand and acknowledge that there are risks, including without limitation the risk of physical injury, associated with dealing with other users, including minors or other persons who may be acting under false pretenses. You also understand and acknowledge that the information other users post may be offensive, misleading, false, illegal or otherwise harmful. Because user authentication online is difficult, Hospihire cannot and does not confirm that each user is who they claim to be. Nor does Hospihire conduct criminal or other background checks or attempt to verify the statements of its users or members. You agree take reasonable precautions while using our website, particularly if you decide to meet with other users offline or in person, and you hereby assume all risks involved in dealing with other users with whom you come into contact through this website. Should you have a dispute with another user, you agree to release Hospihire from all claims, demands, and liability for direct or indirect damages arising out of or otherwise related to such disputes to the fullest extent permitted by law.
Under no circumstances shall Hospihire be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of this website or our services, including but not limited to bodily harm, emotional distress, financial loss, or any other damages resulting from communications, transactions, or meetings with other users of this website or persons you meet through use of this website (directly or indirectly).
XII. Limitation on Liability
To the fullest extent possible by law, and except in jurisdictions where such provisions are restricted, in no event will Hospihire be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the website and/or content contained on the website or any services purchased through the site (including without limitation lost profits arising from your use of the website or our services), even if Hospihire has been advised of the possibility of such damages. Your sole remedy for dissatisfaction with this website is to stop using the website.
Notwithstanding anything to the contrary contained in these Terms, and except in jurisdiction where such provisions are restricted, Hospihire’s liability to your for any cause whatsoever, and regardless of the form of the action (whether in contract, tort, breach of warranty or otherwise), will at all times be limited to the amounts paid, if any, by you to Hospihire for its services during the term of your membership or use of this website.
You agree to indemnify, defendant, and hold harmless Hospihire, our officers, directors, employees, agents, representatives, and partners harmless from and against any and all loss, liability, claims, costs (including without limitation reasonable attorney’s and accounting fees), or other demands made by any third party due to or arising out of your violation of these Terms, or your use of this website or your activities in connection with this website. Hospihire shall provide notice to you promptly of any such claim, suit, or proceeding. Hospihire reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Hospihire’s defense of the claim, suit, or proceeding.
THE WEBSITE, THE CONTENT ON THE WEBSITE, AND ANY SERVICE OBTAINED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE BY LAW, HOSPIHIRE AND ITS AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NO OPINION, ADVICE, OR STATEMENT OF HOSPIHIRE OR ITS AGENTS, USERS, OR ANY OTHER ENTITY, WHETHER MADE ON THE WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE WEBSITE AND ANY SERVICES PROVIDED THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK.
HOSPIHIRE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THIS WEBSITE OR ITS SERVICES. HOSPIHIREA MAKES NO WARRANTIES ABOUT THE ACCURACY, VERACITY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT ON THE WEBSITE OR ITS SERVICES. HOSPIHIRE NEITHER ENDORSES NOR IS RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, OR STATEMENT MADE ON OR THROUGH THE WEBSITE BY THIRD PARTIES, WHETHER SUCH THIRD PARTIES ARE USERS OF THE WEBSITE OR OTHERWISE. HOSPIHIRE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMMISSIONS IN POSTINGS OR MESSAGES SUBMITTED THROUGH THE WEBSITE, HYPERLINKS EMBEDDED IN POSTINGS OR MESSAGES SUBMITTED THROUGH THE WEBSITE, OR FOR ANY CONSEQUENCES RESULTING FROM THE USE OF SUCH INFORMATION. ANY ADVICE THAT MAY BE POSTED ON THE WEBSITE, WHETHER BY HOSPIHIRE OR BY ANY THIRD PARTY, IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY PROFESSIONAL FINANCIAL, MEDICAL, LEGAL, OR OTHER ADVICE. HOSPIHIRE MAKES NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. IF YOU HAVE SPECIFIC CONCERNS WHICH REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY QUALIFIED AND LICENSED PROFESSIONAL.
HOSPIHIRE DOES NOT WARRANT THAT THIS WEBSITE OR ANY HOSPIHIRE SERVICES WILL OPERATE WITHOUT ERROR, INTERRUPTION, DELETION, OR DEFECT, OR THAT THE WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT EQUIPMENT OR DATA OR ANY OTHER COSTS, HOSPIHIRE IS NOT RESPONSIBLE FOR THOSE COSTS.
UNDER NO CIRCUMSTANCES WILL HOSPIHIRE OR ITS AGENTS BE RESPONSBILE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITE OR ITS SERVICES, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL HOSPIHIRE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOSPIHIRE IS ON NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
XV. Jurisdictional Issues
This website is directed exclusively to individuals residing in the United States. We control and operate the website from within the State of New York, United States of America. We make no representation that materials in the website may be lawfully viewed or accessed outside of the United States. Access to this website or the content thereon may not be legal by certain persons or in certain countries. Those persons and entities who choose to access the website from locations outside of the United States do so on their own initiative and at their own risk, and are solely responsible for compliance with applicable local laws. Any software downloaded from this website is further subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to any individual or entity on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or suing such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Hospihire reserves the right to limit the availability of the website and/or the provision of any service thereof to any person, geographic region, or jurisdiction we so desire, at any time and in our sole discretion.
XVI. Governing Law
This Agreement is governed by and construed in accordance with the laws of the State of New York, United States of America, without respect to its conflict of laws principles. You agree to personal jurisdiction for any claims arising under this Agreement by the federal and state courts located in the County of New York, in the State of New York, United States of America, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Except as expressly provided in an additional agreement, additional terms for certain areas of the website, or a particular legal notice, license, or material on particular pages of this website, these Terms constitute the entire agreement between you and Hospihire regarding the use of the website and Hospihire’s services, and supersede any and all prior or contemporaneous written or oral agreements between us. No changes to these Terms shall be made except by a revised posting on this page. If any provision of the Agreement is found by a court having competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, and the remainder of the Agreement shall continue in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Relatedly, Hospihire’s failure to enforce any term of this Agreement shall not be deemed as a waiver or such term and shall not otherwise affect Hospihire’s ability to enforce such term at any point in the further.
You agree that, except as otherwise expressly provided in this Agreement, that nothing in these Terms shall confer or create any rights or benefits enforceable by any person who is not a party to this Agreement. This Agreement is not assignable, transferable or sub-licensable by you except with Hospihire’s prior written consent.
Any heading, caption, or section title contained in this Agreement is included only for convenience and in no way defines or explains any section or provision of the Agreement.
XVIII. User Feedback & Notification of Prohibited Content/Copyright Infringement
Hospihire values hearing from our users, and we welcome any comments you may have regarding our website and services. Please feel free to contact us online, by phone, or by mail or email, using the contact information listed at the end of this Agreement. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions, drawings, concepts, or materials other than those which we have specifically requested (hereinafter "creative submissions"). For this reason, please be specific in your comments regarding our services, and do not send us creative submissions. If, despite this request, you do send us creative submissions, such creative submissions shall be the property of Hospihire. Hospihire will not be subject to any obligations of confidentiality with respect to the creative submissions, nor shall Hospihire be liable for any use or disclosure of the creative submissions. Hospihire shall own exclusively all now or later discovered rights to the creative submissions, and shall be entitled to unrestricted use of the creative submissions for any purpose whatsoever, commercial or otherwise, without compensation to you or any third party.
In addition to feedback regarding our website and services, we welcome information regarding potential violations of this Agreement by any party. If you encounter content on our website which you believes violates these Terms, please notify us immediately so that we may consider its editing or removal.
Finally, if you believe that your copyrighted work or trademark has been uploaded, posted, or copied to this website and are accessible on this website in a way that constitutes copyright or trademark infringement, please send our Copyright Agent a notice requesting that the material be removed, or access to it blocked. The notice must be signed physically or electronically by the owner of the copyright or trademark that has allegedly been violated (or his or her authorized agent), and must include the following information: a description of the copyrighted or trademarked work or works claimed to have been infringed; a description of where the material that you claim is infringing is located on the website; your address, telephone number, and email address; a written statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner or the law; and a statement under penalty of perjury that the information in the notification is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner's behalf . We suggest that you consult with legal counsel before filing a notice of copyright or trademark infringement with Hospihire, so that you may learn of all applicable statutory requirements, as well as the penalties for filing a false complaint. Hospihire's Copyright Agent for notice of claims of copyright or trademark infringement can be reached as follows: admin@Hospihire.com or HOSPIHIRE (USA) LLC, Copyright Agent, 611 Broadway, New York, NY 10012
You may Contact Us online or by email or postal mail as follows:
HOSPIHIRE (USA) LLC
New York, NY 10012