RecruitGear Terms of Service

By using the RecruitGear.com, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

RecruitGear reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and capabilities, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at http://express.recruitgear.com/terms.asp.

Account Terms

  1. You must have Internet access in order to use the Service.
  2. You must provide true, accurate, current and complete Registration information in order to gain access to the Service. Information includes your legal full name, a valid email address, and any other information requested in order to complete the signup process. You acknowledge and agree that if you provide any information that is untrue, inaccurate, not current or complete in a material way, or RecruitGear has reasonable grounds to believe that such information is untrue, inaccurate, not current or complete in a material way, RecruitGear has the right to suspend or terminate your account if you do not correct such information within 10 business days notice from RecruitGear.
  3. You agree to provide RecruitGear with your e-mail address, to promptly provide RecruitGear with any changes to that e-mail address, and to accept e-mails from RecruitGear at the e-mail address specified. You further agree that RecruitGear may provide any and all notices, statements, and other communications to you through either e-mail, posting on the Service (or other electronic transmission) or by mail or express delivery service.
  4. You are responsible for maintaining the security of your account and password. RecruitGear cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  5. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have been granted access by you to your account).
  6. Lawful Conduct. The Service allows you to send Electronic Communications directly to third-parties. You agree to comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with its use of the Service, including without limitation those related to privacy, electronic communications, and anti-spam legislation.
  7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Applicant Data

RecruitGear makes no representations or warranties concerning the completeness or accuracy of any information concerning Applicants, including links to other sites or sources, and other information including data from third party recruiting application sites, which is collected via the System either by direct input by the Applicant, imported by the Client, or will be provided by an agreed upon supplier of applicants’ background information (fees paid by Client directly to supplier), or third-party sites setup to take and disseminate applications (fees paid by Client directly to third-party sites for data). RecruitGear shall not be liable to Client or to any third party for any direct, indirect, consequential, incidental or other damages or for any lost profits of any kind arising from any inaccuracy or incompleteness of any of such information.

Payments and Refunds

  1. A PayPal account is required for paying accounts.
  2. You will be contacted at the conclusion of your free trial period with instructions explaining how to extend your RecruitGear Express service. A link to RecruitGear's subscription page at PayPal will be included.
  3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service.
  4. Payment shall be made in U.S. dollars. The fees to be paid to RecruitGear under this Agreement shall include all expenses of RecruitGear for establishing the basic System for Client, including for materials, software license fees and telecommunications charges, unless otherwise specified in writing. If Client desires for modifications to be made to the basic System which are not included in the published pricing set by RecruitGear, then Client and RecruitGear shall agree on additional fees for such modifications to be completed by RecruitGear.

Modifications to the Service and Prices

  1. RecruitGear reserves the right at any time and from time to time to modify temporarily or permanently, the Service (or any part thereof). Customer acknowledges that RecruitGear reserves the right to discontinue offering the Service at the conclusion of Customer’s then current term. Customer agrees that RecruitGear shall not be liable to Customer or to any third party for any reasonable modification or discontinuance of the Service, under the terms herein.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us.
  3. RecruitGear shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Indemnification

Client hereby agrees to hold and save harmless RecruitGear and its shareholders, directors, officers, employees and agents from and against any claim, liability, demand or cause of action and all expenses, including but not limited to reasonable attorneys' fees and costs, that may be asserted by any person or entity arising out of or in connection with (a) the use of the System by Client and/or Client’s shareholders, partners, members, managers, officers, directors, employees, agents, subcontractors, affiliates or Applicants, (b) the use or dissemination of any information collected via the System in a manner which is in violation of any applicable law or regulation or of the contract entered into between Client and other agreed upon supplier of drivers’ background information, or other third-party application sites, (c) any other action or failure to act of Client and/or Client’s shareholders, partners, members, managers, officers, directors, employees, agents, subcontractors, affiliates or Applicants.

General Conditions

  1. Neither of the parties hereto shall, without the consent of the other, assign nor transfer this Agreement or any rights or obligations hereunder.
  2. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  3. Technical support is only provided to paying account holders and is only available via email. RecruitGear will make commercially reasonable efforts to promote Customer’s successful utilization of the Service, including but not limited to providing Customer with User Guides, Knowledge Base, and e-mail support.
  4. You understand that RecruitGear uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  5. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, RecruitGear, or any other RecruitGear service.
  6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by RecruitGear.
  7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any RecruitGear customer, employee, member, or officer will result in immediate account termination.
  9. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  10. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  11. You must not transmit any worms or viruses or any code of a destructive nature.
  12. RecruitGear does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  13. You expressly understand and agree that RecruitGear shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if RecruitGear has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  14. The failure of RecruitGear to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and RecruitGear and govern your use of the Service, superseding any prior agreements between you and RecruitGear (including, but not limited to, any prior versions of the Terms of Service).
  15. Questions about the Terms of Service should be sent to support at RecruitGear dot com.

Cancellation

  1. In the event that you wish to close your account, you will be responsible for logging into PayPal and removing RecruitGear as a monthly subscription. Once you cancel your account your access to the system will be deactivated so we urge you copy all your applicant data before cancelling your account.
  2. You cannot cancel your account through the RecruitGear site or by contacting RecruitGear. You can only "cancel" by stopping your subscription to RecruitGear online through your PayPal account.

Termination

Suspension of Service. Client agrees that RecruitGear may upon 1 day’s written notice to Client suspend Client’s access to the Service if RecruitGear reasonably concludes that Client has violated in a material way the Agreement or acted inconsistently with the letter or spirit of the Agreement in a manner that causes immediate and ongoing harm to RecruitGear or others. In the extraordinary event that RecruitGear suspends Client’s access to the Service, RecruitGear will use commercially reasonable efforts to resolve the issues causing the suspension of service. Client agrees that RecruitGear shall not be liable to Client or to any third party for any suspension or termination of the Service under these circumstances, so long as RecruitGear act reasonably under the circumstances.

RecruitGear, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other RecruitGear service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. RecruitGear reserves the right to refuse service to anyone for any reason at any time. Client agrees that RecruitGear shall not be liable to Client or to any third party for any discontinuation or termination of the Service in the event of Client’s non-payment of fees.

Remedies and Suspension of Service

In the event of the breach by Client of this Agreement, RecruitGear shall (a) be permitted to cease all work to be performed by RecruitGear hereunder and will retain all rights of ownership to the System and all other work performed by RecruitGear hereunder, and Client’s license granted under Section 6(b) hereof shall be terminated, and (b) be entitled, if it so elects, to institute and prosecute proceedings in any court of competent jurisdiction, either in law or in equity, to obtain damages for any breach of this Agreement, to enforce the specific performance hereof by Client or to obtain any other available remedy. In any litigation brought under this Agreement, RecruitGear shall be entitled to recover reasonable attorneys’ fees and costs of litigation from Client.

Severability

The invalidity or unenforceability of any term or provision of this Agreement, or any clause or portion thereof, shall in no way impair or affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.