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Legal stuff

Terms of Use

LAST REVISED: October 16, 2015

1. WELCOME AND INTRODUCTION

Please read these Terms of Use and the Privacy Policy below carefully. We’re excited to work with you. We are eXacta Recruiting LLC and eXacta Global LTD (collectively, “eXacta”) and we are the owners and operators of eXactaglobal.com (the “Site”) and the recruiting service known as eXacta or eXacta Global (the “Service”). These Terms of Use and the Privacy Policy, which is incorporated herein by reference, are an agreement (as amended or supplemented by any addenda or riders, the “Agreement”) by and among eXacta, the Service, the Site (collectively and individually referenced as “us,” “we,” and “our,” each as appropriate) and You (you know who you are!). Congratulations on choosing eXacta. Using the Site, the Service, or clicking “I Accept” below or otherwise browsing or using the Site means that you represent:

  • That you are at least 18 years old and agree to use the Site and/or the Service in a manner consistent with any and all applicable laws and regulations;
  • You have the authority to enter into this Agreement on your behalf or on behalf of your employer if you are registering as a firm or company representative; and
  • You have read this Agreement, understood it, and agreed to be bound hereby.

If you do not agree to be bound by this Agreement, you may not access or use this Site or the Service. Upon registration, you will be asked to provide certain information including, without limitation, your preferred email address and phone number. As set forth in greater detail in our Privacy Policy, you agree that eXacta may disclose the information that you provide to third parties in accordance with our Privacy Policy, and subject to the confidentiality procedures set forth in our Site.

PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY EXACTA IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available at the Site. Changes to the Agreement are effective immediately. You are responsible for regularly reviewing the Agreement. Continued use of the Site or Service after any changes constitutes your consent to the changes.

2. EXACTA’S DESCRIPTION OF SERVICE

eXacta uses its best efforts to update all job postings displayed on the Website; provided, however, that certain job posting may no longer be open at the time a user may choose to submit his or her materials to a potential employer. Given the foregoing, the inclusion of job postings on the Website does not guarantee that a job posting exists. eXacta assumes no liability for the quality of jobs posted on its website, or whether or not employers are actually able to hire a candidate in response to a given job listing.

3. YOUR RESPONSIBILITIES

You are responsible for your use of the Site and Service and for any use of the Site or Service made using your account. You agree not to access, copy, or otherwise use the Site or the Service, including our intellectual property and trademarks, except as authorized by this Agreement or as otherwise authorized in writing by eXacta.

When using our Site and Service:

  • You will use the Site only to seek employment and career information or to seek employees;
  • You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
  • If you are granted a password, you will not share the username and/or password, nor allow access to a non-public area of this Website.
  • You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or the Service in a manner that sends more request messages to eXacta servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that eXacta grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
  • You will not forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
  • You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
  • You will not take any action that we determine, in our sole discretion, imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure;
  • You will not upload invalid data, viruses, worms or other software agents through the Service;
  • You will not collect or harvest any personally identifiable information, including account names, from the Service;
  • You will not access the Site or Service through any technology or means other than those provided or authorized by the Service (and access to the Site or Service through virtual private network or proxy is expressly forbidden);
  • You will not sell, transfer or assign the Service, or your right to use the Service, to any third party, or offer the Service, or any Content obtained from the Site or Service, on a time-sharing or other commercial basis;
  • You agree to act within the bounds of common decency when using our Site;
  • You agree not to stalk, harass, bully, defame, threaten or harm another individual;
  • You agree not to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
  • You agree not to violate any requirements, procedures, policies or regulations of networks connected to eXacta;
  • You agree not to interfere with or disrupt the Site or Service;
  • You agree not to hack, spam or phish us or other Users;
  • You agree to provide truthful and accurate Content;
  • You agree to not violate any law or regulation, and that you are solely responsible for such violations;
  • You will not use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent Content post any information or content about a company or individual;
  • You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine;
  • You will not upload any Content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it;
  • You will not compile information for commercial recruitment, executive search, staffing, outsourced employment or any other professional employment or recruitment activity;
  • You will not attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing";
  • frame of or link to any of the materials or information available from the Website.eXacta may terminate your account for violating one or more of your responsibilities, for violating applicable federal or state law, any other provision in this Agreement, or for any other lawful purpose or at our discretion, with or without notice.

4. LIMITATIONS ON LIABILITY

Through eXacta’s Site and Service Users of eXacta may be able to post Content about third parties. eXacta is not liable to third parties for any Content that has been posted or viewed on eXacta’s Site or Service. For your convenience, the following are some important details of this Agreement that affect your rights and remedies:

  • We are not liable for any contracts created between or among users of our Site and Service;
  • We are not required to or under any obligation to review, screen, edit, monitor, or remove any Content posted on our Site, although we reserve the absolute right to remove, screen, or edit any Content at any time and for any reason without any notice to you or any party affected;
  • We take no responsibility and assume no liability for any User Content that is posted, stored, uploaded, or transmitted via the Site or the Service, or for any loss or damages that may occur because of such User Content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity;
  • We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of the Site or Service, whether arising in tort or contract, law or equity;
  • eXacta is not liable under any circumstances to any User for any User Content submitted, posted or transmitted by any other User, even if that Content violates this Agreement or other policies stated anywhere on our Site, and eXacta takes no action to remove that Content or terminate that User’s account;Your ability to use or interact with this Site is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations, of this Agreement or any applicable law at our sole discretion.

You understand and agree that in no event will eXacta be liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the site or service, including without limitation, any damages resulting from loss of use, data, or profits, whether or not eXacta has been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with this agreement, or from any communications, interactions, or meetings with other users of the site or service, on any theory of liability, resulting from (1) the use or inability to use the site or service; (2) statements or conduct of any third party on the site or service; or (3) any other matter related to the site or service, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory.

5. INTELLECTUAL PROPERTY RIGHTS

The design of the Service along with eXacta-created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to eXacta, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. eXacta reserves all rights in and to the Service and the Site. You agree to not engage in the use, copying, or distributing any Content contained within the Site or through the Service unless we have given you express written permission to do so.

6. FEE AGREEMENT CONTROLS

Notwithstanding anything contained herein to the contrary, any terms or conditions set forth under these Terms of Use which are in conflict with or inconsistent to the terms or conditions set forth under any fee agreement executed in writing by and between eXacta or any of its affiliates and an employer shall be controlled by such fee agreement.

7. LICENSING TO EXACTA

You hereby grant to eXacta and its owners, affiliates, representatives, licensors and assigns (the “eXacta Parties”) a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to publicly or privately display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or any part of your Content (“Your Content”) and anything we may make with Your Content through eXacta or any other medium currently invented or invented in the future. This includes, for example, displaying your logo and name on the Site or otherwise using your Content to promote eXacta, including in advertisements. By submitting any Content to us, you hereby represent and warrant that you own all rights to Your Content or, alternatively, that you have the right to give us the license described above. Finally, you represent and warrant that Your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

8. DISCLAIMER OF WARRANTIES

THE SITE AND SERVICE ARE PROVIDED TO YOU AS IS, FOR YOUR INFORMATION ONLY. THE EXACTA PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT, OUR SITE OR OUR SERVICE, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, OR NEGLIGENCE OR ANY OTHER TORT.

THE EXACTA PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED.

YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICE. THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS SECTION MUST BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

9. INDEMNITY

You agree to defend, indemnify and hold harmless the eXacta Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • your use of and access to the Site and Service;
  • your violation of any term of this Agreement;
  • your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  • any claim that any of Your Content caused damage to a third party.This defense and indemnification obligation will survive this Agreement and your use of the Site and/or Service.

You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this section, we may elect to settle with the party/parties making the claim and you must be liable for the damages as though we had proceeded with a trial.

10. COMMUNICATIONS DECENCY ACT

We respect the First Amendment and allow our Users to create Content that is user-generated. However, this is an online community so please be respectful and reasonable while communicating with others. Since third parties independently upload their Content to our Site and our Service, we are not liable for any defamatory Content posted on our Site if published by a third party. Although we may choose to edit or delete any clearly defamatory Content, we are not required to, and we reserve all defenses for such speech made available to us by Section 230 of the Communications Decency Act, applicable statutes, the common law, and the First Amendment to the Constitution of the United States of America.

If you are considering attempting to circumvent these defenses by filing suit against us in another country for Content that a third party has posted to our Site, we recommend that you review the Securing the Protection of our Enduring and Established Constitutional Heritage (SPEECH) Act as passed by the United States Congress, which makes foreign libel judgments unenforceable in U.S. courts, unless those judgments comply with the First Amendment to the Constitution of the United States of America.

11. DMCA NOTICES

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, eXacta has adopted a policy of terminating, in appropriate circumstances and at eXacta's sole discretion, account holders who are deemed to be repeat infringers. eXacta may also at its sole discretion limit access to the Site or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Under the Digital Millennium Copyright Act (17 U.S.C. § 512), eXacta has implemented procedures for receiving written notification of claimed infringements. If you believe in good faith that your copyright has been infringed, you may email a written communication to support@exactaglobal.com which contains:

(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed; (3) A description specifying the location on our website of the material that you claim is infringing; (4) Your telephone number and e-mail address; (5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. Send an email to support@exactaglobal.com with:

(1) Your physical or electronic signature; (2) Identification of the material removed or to which access has been disabled; (3) A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified; (4) Your name and telephone number.

12. CHOICE OF LAW AND VENUE

This Agreement and the relationship between you and eXacta must be governed by the laws of the State of New York without regard to its conflict of law provisions. All claims or lawsuits relating to the Service, the Site or other matters must be heard exclusively in the Courts of the State of New York, New York County, or in federal courts whose district covers that county.

13. DISPUTE RESOLUTION

Each of us will have the right to choose arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

14. FORCE MAJEURE

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, aliens, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

15. SEVERABILITY

If any provision of the Agreement is deemed unlawful, void or unenforceable then that provision must be deemed severable from the remaining provisions and must not affect their validity and enforceability.

16. NON-WAIVER

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

17. TERMINATION

We may suspend the Service or your account or any other provision of services to you, and we may terminate this Agreement, at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you may do so by notifying eXacta at any time and closing your account for the Service. Your notice should be sent in writing, by e-mail to support@exactaglobal.com. Termination of the Agreement may result in the immediate deletion of any Content that you have submitted to eXacta. eXacta will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of this Agreement must survive termination, including, without limitation, ownership provisions, Placement Fee provisions, warranty disclaimers, indemnity and limitations of liability.

18. ASSIGNMENT

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

19. YOUR INFORMATION AND ACCOUNT SECURITY

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site; (b) maintain the security of your password and identification; (c) maintain and promptly update your contact information, and any other information you provide to eXacta, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the information you provide to eXacta. In addition, you agree not to access or use, or attempt to access or use, the Site or any part thereof using the identity of any person other than yourself.

20. ENTIRE AGREEMENT

The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

21. ELECTRONIC COMMUNICATIONS

The communications between you and eXacta use electronic means, whether you visit the Site or the Service or send eXacta e-mails, or whether eXacta posts notices on the Site or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from eXacta in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that eXacta provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

22. CALIFORNIA USERS AND RESIDENTS

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about eXacta must be addressed to our agent for notice and sent via email to support@exactaglobal.com.

California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Privacy Policy

LAST REVISED: October 16, 2015

1. General Policy

Your confidentiality and privacy is important to eXacta. We use your personal and/or private information for our internal processes or as directed by you and do not disclose such information to unauthorized persons or entities, unless otherwise agreed to by an applicable user or otherwise in accordance with the terms of the website. We comply with applicable personal information privacy laws and collect information only for the purpose of administering the Service and facilitating your use of your account. We do not sell such information to any unaffiliated party for commercial purposes, except in provision of the Services. If any user decides to terminate or otherwise inactivate its account, our privacy policy and practices described herein continue with respect to the personal information collected during the term of the service. Any capitalized terms used herein and not defined herein shall have the meanings ascribed to them in the Terms of Use by and among You and eXacta.

2. Information Collection

We collect and store certain personally identifying information regarding a user to administer the Services and request different information from different users at different stages of the placement process. We covenant to disclose such information only to certain authorized third parties in accordance with the terms and user agreement of the website. However, we reserve the right to use this information for any reason necessary to operate or administer the Services or the website. If we are required by applicable law or regulation or by legal process to make any disclosure otherwise prohibited hereunder, We will provide the user with notice of such requirement prior to disclosure. We agree to furnish only that portion of the personal information that, in the advice of our counsel, we are legally compelled to disclose and to use commercially reasonable efforts to obtain confidential treatment of such information disclosed.

3. Authorized Party Disclosure

We may disclose certain personal information to authorized third persons or entities as necessary for us to conduct our placement services in accordance with the Terms of Use and as set forth on the Site. We intend to use commercially reasonable efforts to ensure that no personal information is distributed to third parties except as described herein or as otherwise required by law.

4. Security

We are committed to protecting the security of our users’ personal information. Accordingly, we have established various safeguards and managerial processes to prevent unauthorized access or disclosure, maintain data integrity, and help ensure the appropriate use of information. We maintain personal information on secured servers and computers. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Unfortunately, security and safeguards are not 100% effective, but given the currently available technology, We agree to use commercially reasonable efforts to employ industry standard or better security measures to protect its users' personal information.

5. Confidentiality

We will not knowingly disclose personally identifying information to third parties except to authorized parties and as described herein or in accordance with the terms of the website. We agree (i) to keep user personal information confidential and not to disclose any such information to any person or entity other than those employed or retained by eXacta who have a legitimate need to know such information for the purpose of evaluating the user’s account information or in accordance with the terms of use of the website, (ii) to use such information solely for the purposes described herein or reasonably related to the terms of the website, and (iii) not to disclose to any person or entity other than as otherwise described herein any information about the user.

6. Cookies

To enhance user experience, we may place a small text file called a "cookie" on a user's computer hard-drive to store user's preferences, which users may examine and delete at any time

Our website may use content or provide links to third-party websites that are not owned by us. We do not operate third party websites and, accordingly, assume no responsibility related to a user's use of third party content or websites. For more information concerning a third party’s website, users should check the terms of use and privacy policy of such website before providing personal information.

8. IP Addresses

An IP address is a number that is automatically assigned to a computer whenever it is being used to surf the Web. Web servers automatically identify computers by their IP address. EXacta may collect IP addresses for the purpose of system administration, to prepare aggregate information, and to monitor the use of this site.

9. Privacy Policy Updates and Acceptance

eXacta may update its Privacy Policy from time to time as reasonably necessary to maintain standards predicated by the industry. Accordingly, users are responsible for reviewing our Privacy Policy for periodic updates. By using this website, users consent to our currently existing Privacy Policy as of the date of a user’s use. A user's continued use of the Site and/or the Services following the posting of any changes to this Privacy Policy means such user has accepted and agrees to be bound by any such changes.

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