Terms and Conditions for Client
This Agreement for Human Resource Services is entered into by and between PointHR Incorporated (PointHR), and (“Client”). The Duration of the agreement for the duration and per the terms and conditions which follow:
terms and conditions
1. Client has selected PointHR to provide Various Human Resources Services. Each section herein applies to any order placed with PointHR and may have some specific additions applicable only to the specific service requested.
2. Client agrees to order from PointHR, certain services for employment purposes, which may include Consumer Reports and Investigative Consumer Reports as defined under the federal Fair Credit Reporting Act (“FCRA”) (collectively, “HR Reports”.)
3. If employers use background checks or any type of screening in making personnel decisions, they must comply with the Fair Credit Reporting Act and laws that protect people from discrimination. The FTC and EEOC have tips for businesses on the lawful use of background information.
4. Client agrees that all subjects considered will be screened in the manner and treated in a fair and consistent manner in accordance with the Fair Credit Reporting Act (http://www.ftc.gov), the Equal Employment Opportunity Commission (http://www.eeoc.gov), and Americans with Disabilities Act (http://www.ada.gov).
5. Client acknowledges and confirms that it will comply with all applicable federal, state, or local laws, regulations, or ordinances affecting Client’s employment of its workers, their data or anything otherwise relevant to performance of the services contemplated herein and will comply with all federal, state and municipal laws and regulations relating to the performance of its duties hereunder including compliance with the requirements of the Immigration Reform and Control Act of 1986.
6. Client represents and warrants that it is in compliance with and agrees that it will remain in compliance with the provisions of the Immigration Reform and Control Act of 1986, including but not limited to the provisions of the Act: (1) prohibiting hiring and continued employment of unauthorized aliens, (2) requiring verification and recordkeeping with respect to identity and eligibility for employment, and (3) prohibiting discrimination on the basis of national origin, United States citizenship, or intending citizen status.
7. PointHR desires to sell such Services to Client and Client desires to purchase said Services from PointHR at the pricing listed herein or at PointHR.com (pricing subject to change upon 90 days notice).
8. Miscellaneous fees may be charged for accessing some types of records and services that are upgrades or are charged by municipalities and some service providers that vary in amounts and can’t be incorporated into standard service fees. Some typical fees include MVR access, drug testing sample collection and some credit and county record access.
9. Full payment of any invoice is due within 30 days after receipt of invoice, and becomes past due thereafter. If a credit card is on file PointHR will charge it upon use, weekly or monthly. Trials and Subscriptions selected will bill or renew automatically unless you contact PointHR prior to planned invoice date. Written notice of any disputed charges appearing on your invoice must be submitted within ten (10) days after receipt of your invoice. Client hereby agrees to pay all costs and expenses incurred by us in the collection of unpaid amounts, including but not limited to reasonable interest, attorneys’ fees and court costs, to the extent permitted by law. Invoicing will be provided in accordance with the program selected at the time of registration.
10. Regarding the JobBoard: Client agrees to post jobs and positions herein which it reasonably anticipates filling within 30 days and agrees to abide by specific rules of posting as determined in PointHRs sole discretion. PointHR agrees to use reasonable care and diligence in sourcing candidates for Client therein.
11. Regarding the Form i9: Client shall be responsible for the creation and retention of all employment records or documents required by law, including but not limited to Employment Eligibility Verification Form (i9) for all Client employees. Client employee i9 Form shall be sent to PointHR via fax, courier or entered into the PointHR secure ordering portal. PointHR will store and retain all Client i9 Forms for current employees and 12 months after termination date or 36 months after hire date for each terminated employee whichever is longer. Client will supply within 3 days of the Employees start date all new hire i9 forms.
12. Upon Client Request reviews of Form i9 and related documents will be conducted to analyze compliance and recommended corrective actions.
13. Regarding Department of Homeland Security’s E-Verify Program: If reqested by Client, Client agrees to sign and maintain the required MOU between Homeland Security, PointHR and Client for E-verify with which the terms therein are a further extension of this agreement. Client further agrees that upon hiring, it will furnish to PointHR the i9 form for all employee of Client for PointHR to confirm employment eligibility with Homeland Security E-Verify System and maintain these records electronically. It is expressly understood that such action by PointHR or compliance by Client shall not in any way be construed as suggesting that PointHR is the employer of such worker; instead, PointHR efforts shall be viewed as only a diligent attempt to avoid any possibility that Client might employ an illegal worker. Everify will be used by PointHR to verify that persons employed by Client are eligible to work in the United States via the Homeland Security E-Verify Program pursuant to the related MOU between Homeland Security, PointHR and Client.
14. Regarding WorkConfirm Automated Employment Verification: If employee records are maintained on PointHR systems Client agrees to maintain current information and update the data on at least a monthly basis regarding the Client Roster including new hire, termination, or compensation of its employees. Data regarding past, current and potential employees may be provided by PointHR as automated employment verification to interested authorized parties and PointHR is authorized to provide said information on Clients behalf.
15. Client agrees this Agreement and all addenda shall be effective as of the date it is executed on behalf of Client by an authorized representative and shall continue in effect for the duration as listed herein. This Agreement will automatically renew for the same period of time and at the same rates unless either party gives written notice of termination to the other party at least ninety (90) days prior to the beginning of a renewal period.
16. Each party (and its employees) is and shall remain an independent contractor. Neither party is authorized to assume or create an obligation or responsibility, express or implied, on behalf of, or in the name of, the other party or to bind the other party in any manner.
17. Client acknowledges and confirms that it will comply with all applicable federal, state, or local laws, regulations, or ordinances affecting Client’s employment of its workers or otherwise relevant to performance of the services contemplated herein.
18. Client agrees to indemnify and hold harmless PointHR from all liability, including liability for interest and penalties, which may be assessed against Client as a result of Client’s failing to comply with U.S. laws and/or information obtained or disseminated by PointHR.
19. In the event of any audit or investigation, Client agrees to contract on a day to day basis for the participation of PointHR should it be necessary or required.
20. PointHR may communicate with Client via facsimile and electronic mail with results, information or account updates.
21. The Service, specifications, script and computer hardware and software associated with the Service are proprietary to PointHR, and all applicable rights to patents, copyrights, trademarks and trade secrets in the Service, specifications and script and computer hardware and software and data are rights of PointHR. This provision shall survive any termination of this Agreement.
22. The obligation of either party to perform under this Agreement shall be excused during each period of delay caused by matters beyond such party’s reasonable control, including without limitation, government regulation or law, war or insurrection, civil commotion, destruction of production facilities or material by earthquake, fire, flood, storm or other natural disaster, labor disturbances, epidemic or failure of suppliers, public utilities or common carriers.
23. WARRANY. PointHR warrants that all services rendered under this Agreement will be performed in a reasonable and workmanlike manner. Client acknowledges that the ability of PointHR to provide accurate information is dependent upon receipt of accurate information from Client. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION, POINTHR MAKES NO OTHER WARRANTIES AS TO THE SERVICE, EXPRESSED OR IMPLIED.
24. LIMITATION OF LIABILITY. In no event shall either party or its officers, agents or employees be liable for loss of profits or for indirect, special, incidental or consequential damages arising out of or related to the performance of this Agreement, even if that party has been advised of the possibility of such damages. In no event shall damages of any kind payable by PointHR hereunder exceed the sum paid by Customer for the service, which is the proximate cause of Customer's claim.
25. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
26. The failure of either party to insist on prompt performance of their duties shall not constitute a waiver of that duty. Any such waivers must be provided in a written, executed document.
27. This Agreement, online acknowledgements, and any attachments hereto constitute the entire agreement between the parties and supersede all prior understanding, written or oral between the parties with respect to the subject matter hereof.
28. Texas and federal law will govern this Agreement. The invalidity or unenforceability of any one provision of this Agreement shall not impair the validity and enforceability of the remaining provisions.
29. Client agrees to engage in no talent pooling. Our service shall be used to fill a job, not a pipeline. Each posting should represent a real and currently available. Prohibited jobs include but are not limited to Career fairs, Franchise or training opportunities, or Multi-level marketing positions. We retain the right to remove of any job we feel is not our interest or our users’ best interest.
Terms and Conditions for Job Seekers
I. Introduction: Please read carefully as this page contains the terms and conditions (the “Terms and Conditions”) governing your access to and use of PointHR Services and The JobCommunicator (as defined below) provided by PointHR Incorporated(“PointHR”) on behalf of the Employer. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the PointHR JobCommunicator or Services. These Terms and Conditions are effective as of March 1, 2015.
II. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by PointHR) form a binding agreement (the "Agreement") between you and PointHR. Your access to or use of the PointHR JobCommunicator or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use The JobCommunicator at your own risk.
III. Certain Definitions. The following definitions apply to this Agreement:
(a) “PointHR Materials” includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
(b) “Content” includes all Text, Graphics, Design and Programming used on The JobCommunicator.
(c) “Design” includes the color combinations and the page layout of The JobCommunicator.
(d) “Document” refers to any posting to The JobCommunicator, whether job or resume, personal history, information or data regarding you, the User, the Job Seeker, or the Employer.
(e) “Employer” means the person or entity whose career and employment opportunities are promoted on this The JobCommunicator.
(f) “Graphics” includes all logos, buttons, and other graphical elements on The JobCommunicator, with the exception of paid advertising banners.
(g) “Job Seeker” means a User who is accessing The JobCommunicator to search for a job or in any other capacity except as an Employer.
(i) “Services” means any services provided by PointHR or its agents.
(j) “The JobCommunicator” means a recruiting platform operated by PointHR on behalf of the Employer and includes the Content, Text, Graphics, Design, Programming, PointHR Materials and Services (as applicable in each context).
(k) “Text” includes all text on every page of The JobCommunicator, whether editorial, navigational, or instructional.
(l) “User” refers to any individual or entity that uses any aspect of The JobCommunicator.
(m) “You” or “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
IV. Intellectual Property Rights and Acceptable Use of The JobCommunicator and Services.
(a) General Use Rules. The JobCommunicator is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment and for employers communicating and maintaining employee records before, during and after job application or candicate employment. As such PointHR will be providing the information you provide to prospective employers or interested parties. You may use The JobCommunicator only for lawful purposes within the stated context of PointHR's intended and acceptable use of The JobCommunicator. PointHR is the sole interpreter of PointHR’s and The JobCommunicator’s intended and acceptable use.
(b) PointHR Intellectual Property Rights. The JobCommunicator, the PointHR Materials and all right, title and interest in and to The JobCommunicator and PointHR Materials are the sole property of PointHR or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, PointHR reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or PointHR Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on The JobCommunicator; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any Services provided on The JobCommunicator other than the search engine and search agents available from PointHR on such The JobCommunicator and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of The JobCommunicator, without the express written consent of PointHR. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. "PointHR," “Personified”, the PointHR design logo and certain other names or logos are service marks or trademarks of PointHR, and all related product and service names, design marks and slogans are the service marks or trademarks of PointHR. In addition, the "look" and "feel" of The JobCommunicator (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by PointHR's trademarks, service marks and copyrights. Any code that PointHR creates to generate or display the Content or the pages making up The JobCommunicator is also protected by PointHR’s copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or PointHR Materials on any authorized copy you make of the Content or PointHR Materials. All other product and service marks contained on The JobCommunicator are the trademarks of their respective owners.
(c) License for Use by Job Seekers. PointHR hereby grants you a limited, terminable, non-exclusive right to access and use The JobCommunicator only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on The JobCommunicator solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to The JobCommunicator and any consequences arising from such posting. Your use of The JobCommunicator is a privilege. PointHR reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
(d) Other Specific Rules Regarding Site Usage. You represent, warrant and agree that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use The JobCommunicator and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) The JobCommunicator for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of The JobCommunicator complies with these Terms and Conditions and all applicable laws.
(e) User Submissions. PointHR welcomes your comments regarding the Services and The JobCommunicator and appreciates hearing from you. Please note, however, that PointHR does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send PointHR creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission shall become the property of PointHR. User Submissions and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on PointHR’s part, and PointHR will not be liable for any use or disclosure of any User Submission. PointHR shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
V. Disclaimers and Limitations on PointHR's Liability.
(a) Allocation of Responsibility PointHR assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. PointHR acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, PointHR may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. PointHR has no liability or responsibility to Users for performance or nonperformance of such activities. PointHR may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
(b) No endorsements by PointHR. Nothing on The JobCommunicator shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
(c) WARRANTY DISCLAIMERS.
VI. THE JOBCOMMUNICATOR IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. POINTHR, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. PointHR MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE JOBCOMMUNICATOR.
VII. WITHOUT LIMITATION ON THE FOREGOING:
VIII. POINTHR DOES NOT WARRANT THAT The JobCommunicator WILL OPERATE ERROR-FREE OR THAT THE JOBCOMMUNICATOR AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF The JobCommunicator RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PointHR IS NOT RESPONSIBLE FOR THOSE COSTS.
IX. POINTHR MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY DOCUMENTS POSTED BY USERS, OR OF ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY USERS. DOCUMENTS MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT ANY RELIANCE ON DOCUMENTS POSTED BY USERS, OR ON ANY OTHER FORM OF COMMUNICATION WITH USERS, WILL BE AT YOUR OWN RISK.
X. POINTHR MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE CONTENT OF THE JOBCOMMUNICATOR, INCLUDING, BUT NOT LIMITED TO, BROKEN LINKS, INACCURACIES OR TYPOGRAPHICAL ERRORS.
XI. POINTHR MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. PointHR DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
(a) DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(b) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE JOBCOMMUNICATOR, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE JOBCOMMUNICATOR.
(c) IN NO EVENT SHALL POINTHR (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, The JobCommunicator AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PointHR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SHALL NOT APPLY TO ANY PAYMENT AND INDEMNIFICATION OBLIGATIONS DESCRIBED HEREIN.
(d) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN POINTHR'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(e) IN NO EVENT SHALL PointHR (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00.
(f) DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO MONEY DAMAGES, YOU AGREE THAT POINTHR WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THIS AGREEMENT BY YOU.
(g) User Authentication. Because User authentication on the Internet is difficult, PointHR cannot and does not confirm that each User is who they claim to be. Because PointHR does not and cannot be involved in User-to-User dealings or control the behavior of participants on The JobCommunicator, in the event that you have a dispute with one or more Users, you release PointHR from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
(h) California Residents. If you are a California resident, you waive California Civil Code Section 1542, which says: "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."
XII. Links to Other Sites. The JobCommunicator may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by PointHR of the contents on such third-party web sites. PointHR is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
XIII. Amendments to this Agreement and Changes to The JobCommunicator. PointHR may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on The JobCommunicator (or as otherwise stated in any notice of such changes). Any use of The JobCommunicator will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such The JobCommunicator. If at any time you find the Terms and Conditions unacceptable, you must not use the applicable The JobCommunicator any longer. Any new or different terms supplied by you are specifically rejected by PointHR unless PointHR agrees to them in a signed writing specifically including those new or different terms. PointHR may change The JobCommunicator at any time.
XIV. Indemnity. You agree to defend, indemnify, and hold harmless PointHR (and its officers, directors, shareholders, employees, subsidiaries, affiliates, agents or advertisers) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of The JobCommunicator, any Document posted by you, your use of the Services or your breach of this Agreement. PointHR shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
(a) When you register on The JobCommunicator or in connection with the Services, you will be asked to create an account and provide PointHR with certain information, including but not limited to, a valid email address (“User Information”). You acknowledge and agree that you have no ownership rights in your account.
XVI. Questions and Notices. Questions concerning the use of The JobCommunicator should be directed to Feedback. Notices to PointHR should be sent to the address listed on The JobCommunicator. We will send notice to you at the address submitted by you or to such other address as PointHR reasonably determines is an appropriate address for you.
XVII. General. PointHR contact information is listed on The JobCommunicator. PointHR makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use The JobCommunicator. If you access The JobCommunicator from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Activation Agreement shall lie exclusively with the state or federal courts in the State of Texas. The sole relationship between you and PointHR is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to The JobCommunicator, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by PointHR in a particular "Legal Notice," or material on particular web pages of The JobCommunicator, this Agreement and your Service Activation Agreement where applicable, constitute the entire agreement between you and PointHR.
XVIII. Rules regarding Posting, Conduct and Security.
XIX. The following rules apply to your use of The JobCommunicator and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
(a) Posting Rules:
(b) You may not post any Document to The JobCommunicator that contains: (i) URLs or links to web sites (to advertise your company or web site, see our Advertising Info page.); (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.
(c) You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or “club membership”).
(d) Your Document(s) must contain sufficient detail to convey clearly to the Employer your qualifications as a candidate for employment. Documents that encourage the User to "email for more details" are not permitted. Documents from any third party charging a fee or restricting complete access to all resume information are prohibited.
(e) Resume and personal history postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.
(f) PointHR is under no obligation to monitor the Documents posted on The JobCommunicator, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at PointHR's sole discretion.
(g) Conduct Rules:
XX. You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job with the Employer). Communications soliciting the Employer's business are prohibited.
XXI. You may not send unsolicited commercial email to Users, including electronic communications that offer, advertise, market or promote a product or service.
XXII. Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on The JobCommunicator, you risk losing your access to The JobCommunicator. You agree to notify PointHR immediately of any unauthorized use of your registration and password.
XXIII. Report inappropriate postings or conduct to Feedback.
XXIV. You may not delete or revise any material posted by any other person or entity.
XXV. If at any time PointHR comes to the understanding that you: (i) misled PointHR regarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, PointHR reserves the right to terminate your Agreement.
(a) Security Rules:
XXVI. Users are prohibited from violating or attempting to violate the security of The JobCommunicator, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to The JobCommunicator, overloading, "flooding", mailbombing or "crashing"; (iv) sending unsolicited e-mail or other electronic communications, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message; (iv) altering transmission data without consent; (v) harvesting e-mail or other electronic addresses through automated means without consent.
XXVII. Violation of these Security Rules may result in civil or criminal liability. PointHR will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
XXVIII. Copyright Complaints: PointHR respects the intellectual property of others. It is PointHR's policy to respond to claims of copyright and other intellectual property infringement. PointHR will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, PointHR may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. PointHR will terminate access for Users who are repeat infringers.
XXIX. Notifying PointHR of Copyright Infringement: To provide PointHR notice of an infringement, you must provide a written communication to the attention of "Trust and Site Security" care of TSST@PointHR.com that sets forth the information specified by the DMCA (The link is available here: http://www.copyright.gov/title17/92chap5.html#512). Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
XXX. Providing PointHR with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide PointHR with a counter notification by written communication to the attention of "Site Security" at SiteSecurity@PointHR.com that sets forth all of the necessary information required by the DMCA (the link is available here: http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney
XXXI. Fair Credit Reporting Act (FCRA): You agree to the tenants of the FCRA as a Candidate for employment for our Clients or other interested parties.
(a) The complete text of the Fair Credit Reporting Act and a Summary of your Rights is available via this link: https://www.consumer.ftc.gov/articles/pdf-0096-fair-credit-reporting-act.pdf
(b) A copy of The Fair Credit Reporting Act Release of Information is available via this link: http://pointhr.com/fcrarelease.pdf
XXXII. Esign: Electronic Signature and Electronic Delivery of Disclosures and Notices: You consent to use electronic communications, electronic records, and electronic signatures rather than paper documents for all interaction with PointHR or The JobCommunicator.
(a) The Uniform Electronic Transactions Act is available at this link: http://www.statutes.legis.state.tx.us/Docs/BC/htm/BC.322.htm
(b) Authorization permitting PointHR or The JobCommunicator to provide any document to Employers or Interested Parties;
(c) Agreement to The Fair Credit Reporting Act Release of Information;
(d) Responses to communications from you;
(e) All changes and updates to these disclosures, notices, and documents.
XXXIII. You understand that your electronic signature is legally binding, just as if you had signed a paper document. Your consent to use electronic signatures and documents applies to this and any future interaction with PointHR or The JobCommunicator, it’s Clients, or Interested Parties.