Terms & Conditions
Last Updated: January 2020Welcome to the Amforus website www.amforus.com and the Amforus mobile application together with any materials and services available therein, and successor site(s) thereto (individually referred to as the "Site" or collectively as the "Sites"), which are operated by Amforus subsidiaries ("Amforus" or "we" or "us"). These ("Terms") state the terms and conditions governing your use of and access to the Sites and constitute a legally binding contract between you and Amforus. These Terms incorporate any additional terms and conditions posted by Amforus through the Sites, or otherwise made available to you by Amforus. The Privacy Policy ("Policy") describes how Amforus may use and disclose information that we may collect about all users and viewers through the Sites. PLEASE REVIEW THESE TERMS AND POLICY CAREFULLY. YOUR ACCESS TO AND USE OF THE SITES CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY THESE TERMS AND POLICY. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS AND POLICY, THEN YOU MUST NOT USE OR ACCESS THE SITES. We may change these Terms and/or Policy from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms or Policy through the Sites. Any such changes will not apply to any dispute between you and us arising before the date on which we posted the revised Terms or Policy incorporating such changes, or otherwise notified you of such changes. In the event of a conflict between these Terms and/or Policy, and any other applicable terms or Agreement fully executed by you and Amforus ("Other Terms"), the Other Terms shall control. We may, at any time and without liability, modify or discontinue all or part of the Sites (including access to the Sites via any third-party links); or offer opportunities to some or all Site users. Any changes will become effective once posted the revised Terms on the Sites, and using the Sites means that you accept the revised Terms. Amforus is not a law firm and does not provide legal representation.
1. ELIGIBILITY
By using the Sites, you affirm that you are of legal age to enter into these Terms. If you are an individual accessing or using the Sites on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an "Organization"), then you agree to these Terms on behalf of yourself and such organization, and you represent and warrant that you have the legal authority to bind such organization to these Terms. References to "you" and "your" in these Terms will refer to both the individual using the Sites and to any such Organization.
The Sites are controlled or operated (or both) from the United States and are not intended to subject Amforus to any non-U.S. jurisdiction or law. The Sites may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Sites is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. Amforus make no legal representation of a candidate's legal and employment status; any information we collect is in good faith and is up to the employer to verify.
Subject to and conditioned on your compliance with these Terms, Amforus grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Sites and to download copies of the materials that we make available for download on the Sites, in each case solely for your personal and non-commercial use. (with the understanding that you may use it for commercial and professional purposes), subject at all times to the terms of this Agreement. You may not, however, use the Services on behalf of any third party without our consent.
The Sites, including all content, information, and materials incorporated into or made available through the Sites, are the exclusive property of Amforus or its suppliers and is protected by U.S. and international law. You agree not to access or use the Sites or any content, information, or materials incorporated into or made available through the Sites, except as expressly permitted under these Terms.
All trademarks, service marks, and logos displayed on the Sites (the "Marks") are the exclusive property of Amforus or their respective third-party owners.
The Sites enables you to upload your resume and other related information and may also allow you to interact via forums and third-party links (all information, comments, and materials are "Submitted Materials"). You retain ownership of your Submitted Materials and grant Amforus a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submitted Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials ("Feedback"), whether related to the Sites or otherwise, such Feedback will be deemed Submitted Materials, and you hereby acknowledge and agree that such Feedback is not confidential and that your provision of such Feedback is gratuitous, irrevocable, unsolicited and without restriction, and does not place Amforus under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section and that your Submitted Materials, and your provision thereof through and in connection with the Sites, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any "moral rights" or other rights concerning attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
Amforus may (but has no obligation to) screen, monitor, evaluate and remove any Submitted Materials at any time and for any reason, or analyze your access to and use of the Sites. We may disclose information regarding your access to and use of the Sites, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
For clarity, certain information that you provide to Amforus through the Sites may also be governed by Amforus's Privacy Policy located below. You represent and warrant that any information you provide in connection with the Sites are and will remain accurate and complete, and that you will maintain and update such information as needed.
In connection with the Sites, you agree NOT to:
The Sites may make available or provide links to third-party websites, content, or information ("Third Party Materials"). Amforus does not control, and is not responsible for, any Third-Party Materials and the availability of any Third-Party Materials on the Site does not imply endorsement of, or affiliation with the provider of Third-Party Materials. Your use of Third-Party Materials is at your own risk.
You agree to indemnify, defend, and hold harmless Amforus, It's affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys' fees) arising out of or relating to your access to or use of, or activities in connection with, the Sites (including any Submitted Materials), or your violation or alleged violation of these Terms or the Privacy Policy You may not enter into a settlement of a claim that involves a resolution other than one consisting solely of a monetary settlement, without Amforus's prior written consent. This indemnity obligation shall survive the termination of this Agreement.
THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND AMFORUS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.
While we try to maintain the timeliness, integrity, and security of the Sites, we do not guarantee that the Sites are or will remain updated, complete, correct or secure, or that access to the Sites will be uninterrupted. The Sites may include inaccuracies, errors, and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Sites.
Further, without limiting the foregoing, Amforus (a) does not guarantee that you will receive any employment or job offers through the Sites; (b) will not be responsible for any employment offers or listings, employment screenings, employment decisions, or actual employment presented by third parties; and (c) is neither your employer nor your agent based solely on your usage of the Sites. You must use your judgment in evaluating any prospective employers and any Third-Party Materials.
Amforus may terminate or suspend your access to the Sites at any time, with or without cause or notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, (a) your right to access and use the Sites will immediately cease; (b) Amforus may immediately deactivate or delete your user name, password, and account; (c) Amforus will be under no obligation to maintain or provide you with access to any materials associated with your account (including Submitted Materials), and may retain or delete such materials in Amforus's sole discretion; and (d) except for the license granted to you to access and use the Sites, the remaining provisions of these Terms will survive and continue in effect.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Sites infringe your copyright, you (or your agent) may send to Amforus a written notice by mail, email or fax, requesting that Amforus remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Amforus a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Amforus Inc.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
These Terms are governed by and will be construed in accordance with, the laws of the state (a) where you use or access the Sites, or (b) if a dispute arises relating to your consideration for hire or your hiring, the state in which the job opportunity at issue is located.
These Terms do not and will not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Amforus. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms. It will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in these Terms will be construed as if followed by the phrase "without limitation." These Terms, including any terms and conditions incorporated herein, constitute the entire Agreement between you and Amforus relating to the subject matter hereof and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Amforus pertaining to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Sites or by email (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Amforus will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
You may need to register for an account to use all or portions of the Sites. We may reject, or require that you change, any username, password or other information that you provide to us in registering. You, and not Amforus, are responsible for the security of and any use or misuse of your username or password. In particular, it is your sole responsibility to (a) maintain the confidentiality of your account login and password; (b) frequently update and revise your password, and (c) promptly notify Amforus if there is any unauthorized use of your account(s) or any breach of security by contacting us by the "CONTACT" section below.
Customers of Amforus ("Customer") to whom we provide services may register with Amforus on the Sites. Once registered, you may be able to:
You agree that you are solely responsible for all activities undertaken within your Customer account, including but not limited to any charges and additional fees incurred for extending or otherwise modifying assignments and creating new orders. PAYMENTS THROUGH THE SITE
Payment of fees.
Companies posting a job agree to pay all fees applicable to our Services. We may change our pricing from time to time at our sole discretion. We may invoice you for the applicable fees, or we may ask a third party ("Payment Provider") to process charge card payments on our behalf. You must provide our Payment Provider with a valid credit card (Visa, MasterCard or any other issuer accepted by us) as a condition to such transactions. The Payment Provider's policies govern the processing of your payment, and you must refer to those policies and not this Agreement to determine your rights and liabilities. By providing your credit card number and associated payment information through the Services, you authorize us through our Payment Provider to immediately invoice you for all fees and charges due and payable to us hereunder, and you agree that no additional notice or consent is required. We reserve the right at any time to change our payment terms, either immediately upon posting on the Services, by email delivery to you or any other reasonable method of communication.
You represent and warrant that you have the legal right to use any form of payment in connection with the services. To process your payment, Amforus uses CyberSource, an independent third party and subsidiary of Visa Inc. Verification of information may be required prior to the acknowledgment or completion of any Transaction. Amforus or our agents may call or contact you regarding your account or your Transactions. You agree that we may place such calls or contact you relating to the Transaction. 15. CANDIDATES
Registration
If you register as a candidate on the Site ("Candidate"), you may be automatically enrolled in other Amforus offerings designed to assist you in finding a job, such as career coaching. You may be able to update your job search criteria and preferences, upload and update your resume, receive alerts, update your availability, view the status of your application, and provide us with additional information about you. You agree that you are solely responsible for all activities undertaken within your account(s).
As part of the registration process, we may require you to provide us with certain information including, but not limited to, your resume, name, email address, phone number, work history, education, experience, pay/compensation expectations and geographic location (the "Candidate Information").
Authorization and Certification.
You authorize Amforus, customers, and their respective agents to make investigations and inquiries into your employment and educational history and other related matters as may be necessary in arriving at an employment decision. Amforus may use a third-party vendor to perform such investigations/inquiries. If a third-party vendor is used, you will be provided additional disclosures and authorization forms as required by applicable laws prior to a third party performing such investigations/inquiries.
You release employers, schools, and other persons from all liability in responding to inquiries connected with your application, and you specifically authorize the release of information by any schools, businesses, individuals, services, or other entities listed by you in the Candidate Information. Furthermore, you authorize Amforus and its agents to release any reference information to Customers who request such information for purposes of evaluating your credentials, skills, and experience, and you acknowledge that Customers may reach out to you directly.
You certify as to the accuracy of the Candidate Information and in any resume or other work history information. You understand that any misstatement of fact may cause you to be refused employment by Customer, to lose your employment once hired by Customer, or may result in the removal of your account from the Site. You are responsible for keeping Candidate Information accurate, complete, and up to date all the time. Amforus will not be liable for any legal residential and visa status or any actions that may arise from using Amforus services.
Confidentiality.
You agree that by using the Sites as a Candidate, Amforus may contact you via the phone number (via text or call) provided to Amforus, including cell phone numbers. You also agree that by using the Sites, Amforus may provide you with job opportunities or general employment information by sending an email to you at the email address provided to Amforus Inc.
If you have any questions or complaints about the Privacy or the Terms & Conditions or if you would like to update any personal information you have provided to us, please contact the webmaster at the mailing address or email address below.
Mailing Address:
Amforus Inc.
114 West 70 T.H. S.T.,
Suite 9a
New York, NY, 10023, USA
Email Address: contact@amforus.com
Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.