Terms & Conditions
Last Updated: January 2020
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.2. LICENSE
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.3. USER SUBMITTED MATERIALS
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.
In connection with the Sites, you agree NOT to:
Post, transmit or otherwise make available through or in connection with the Sites any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.Insert or permit to be inserted, any malicious or harmful software into the Sites, including but not limited to any software designed to (a) make unauthorized changes to or cause damage to the Sites or Third Party Materials as defined below; (b) copy, provide unauthorized access to, or prevent authorized access to the Sites; or (c) prevent detection of any unauthorized invasion of the Sites (“Malware”).Use the Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.Harvest or collect information about users of the Sites.Interfere with or disrupt the operation of the Sites or the servers or networks used to make the Sites available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure, or Policy of such servers or networks.Restrict or inhibit any other person from using the Sites.Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Sites except as expressly authorized herein.Reverse engineer, decompile or disassemble any part of the Site, except where such restriction is expressly prohibited by applicable law.Remove any copyright, trademark or other proprietary rights notice from the Sites.Frame or mirror any portion of the Sites, or otherwise incorporate any portion of the Sites into any product or service.Systematically download and store Site content.Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Sites, without Amforus’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Amforus grants to the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Amforus reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.5. THIRD-PARTY MATERIALS
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.6. INDEMNIFICATION
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.9. TERMINATION
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.10. NOTICE OF COPYRIGHT INFRINGEMENT
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.11. GOVERNING LAW; JURISDICTION
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.12. GENERAL
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.13. ACCOUNT AND PASSWORD
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.14. CUSTOMERS
Customers of Amforus (“Customer”) to whom we provide services may register with Amforus on the Sites. Once registered, you may be able to:
create new orders;review and modify existing orders;review details for each order, including Candidate information;update your contact information;
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.16. Contact Us
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.
114 West 70 T.H. S.T.,
New York, NY, 10023, USA
Email Address: firstname.lastname@example.org
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.