Your user experience is important to us. Our Terms of Use ("Terms,") is an agreement between You ("Client", "User," "Visitor" "Subscriber") and RecruitBPM ("Company," "We," "Us"). This agreement describes your rights and our rights relating to the provision of Service and the use of our Site, https://www.recruitbpm.com, which is operated by RecruitBPM.
Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site. By accessing or using the Site you agree to be bound by these Terms. The use or participation of RecruitBPM's Services may also require your acceptance and compliance to additional policies, terms and conditions. This is a legally binding agreement between you and RecruitBPM. If you disagree with any part of the terms, then you should not use our Site or Services.
We reserve the right to update this agreement at any time to reflect changes in the market, industry, our business, technology, etc. We will make every effort to inform you of any changes to our Terms of Use agreement on our website within 30 days.
Please also see our Privacy Policy as it is not part of our Terms of Use agreement.
Terms of Use Definitions
The following defines the use of frequently used terms in this Terms of Use agreement.
Account means a unique account when created for You to access our Site or parts of our Site.
Company (referred to as either "the Company", "We", "Us." "RecruitBPM" or "Our" in this Agreement) refers to RecruitBPM, 6216 Baker Road, Suite 100, Minneapolis, MN 55346-1953.
Content refers to all information, data, results, ideas, plans, images, texts, files, links, images, photos, video, sound, patented and non-patented inventions or intellectual property, articles, marketing collateral, articles, feedback and all other materials.
Country refers to: United States
Services refers to RecruitBPM products and services provided to You (including website).
Site refers to the RecruitBPM website.
Subscriber refers to Users who subscribe to targeted and private content.
Terms (referred to as "Terms," "Terms of Use" or "Terms and Conditions") refers to the Terms of Use agreement.
You ("Your," "User," "Subscriber," "Visitor") means the individual accessing or using the Site, or the company, or other legal entity on behalf of which such individual is accessing or using the Site, as applicable.
Visitor refers to Users who access our site, but do not subscribe to our targeted and private content.
Website refers to RecruitBPM, accessible from https://www.recruitbpm.com
Your Participation on Our Site
We are committed to providing a safe and positive experience to all users on our Site. Essentially, we require Users to be respectful, abide by all applicable local, state and federal laws, and technical data transmission laws, and must be at least 13 years old. You must not use the Site or Services in the following ways.
- Display, send, receive, or store obscene or inappropriate content.
- Threaten, harass, stalk, defame, or defraud any person or entity.
- Violate copyright, trademark, or other intellectual property laws.
- Advertise, promote, endorse, or market, directly or indirectly, any third-party commercial products, services, solutions, or other technologies.
- Attempt to collect, store, or publish personally identifiable information without the owner’s knowledge and consent or of a minor under the age of 13 in any circumstance.
- Distribute unwanted, unsolicited, or harassing mass email or other messages, promotions, advertising, solicitations or spam.
- Send deceptive or false source-identifying information, including spoofing or phishing.
- Access or use any application, system, service, tool, data, account, network, or content without authorization or for unintended purposes.
- Disable, disrupt, circumvent, interfere with, or otherwise violate the security of the Site.
- Attack, abuse, interfere with, intercept, disrupt, or exploit any users, systems, or services, regardless of how accomplished and notwithstanding anything to the contrary in these Terms, including but not limited to denial of service, monitoring, crawling, spamming, using bots or scripts, or distributing malware (such as viruses, Trojan horses, worms, spyware or adware).
- Engage in or promote any illegal or criminal activity such as child pornography, gambling, or piracy.
- Authorize, permit, enable, induce or encourage any third party to do any of the above.
If you violate these Terms, your access to the Site may be terminated immediately and without notice.
Content and Intellectual Property
Unless stated in this Terms of Use agreement, all Site Content and creative assets are the intellectual property of RecruitBPM. You must comply with all the terms and conditions as outlined above in Your Participation on Our Site section.
RecruitBPM and User agree to protect each other's intellectual property.
- All content created by RecruitBPM is considered confidential, proprietary and copyrighted. All rights reserved.
- You may post, link to, store or share Site content for personal use. Outside of these guidelines may be subject to copyright infringement laws.
- Current clients, current employees, current vendors, government agencies and media may link to or share Site content without prior approval.
- RecruitBPM does not claim any ownership rights to content uploaded to our Site. You grant us a global, royalty-free, sublicensable, perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce and distribute your User Content per our discretion.
- While RecruitBPM is not required to remove any abusive or objectional content (such as pornographic, libelous, defamatory, etc.) that violates our terms, RecruitBPM reserves the right to do so at its discretion.
- User may not replicate any RecruitBPM's Services without written permission from RecruitBPM's executive management team.
- Any public content submitted by User or third party remains the intellectual property of who submitted it.
- You agree that you have permission to post submitted content.
- All Your content remains your intellectual property to the fullest extent.
- We reserve the right to remove any content deemed as a copyright infringement.
- Contact us at support@recruitbpm.com if you suspect RecruitBPM content infringes on your copyright.
Notice for Claims of Intellectual Property Violations and Copyright Infringement
We respect and respond to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act (DMCA). We work to ensure all content on our Site does not infringe upon the copyright, trademark or other third-party intellectual property rights. We will make every effort to take down any proven copyright infringement material within five business days.
If You believe Your intellectual property rights have been infringed, please contact us at info@recruitbpm.com and provide the following information.
- Identify the copyrighted work that you claim has been infringed.
- Include the link you claim has been infringed.
- Provide your full name, legal name, company name, mailing address, email address, phone number and electronic signature
- Include the following statement in your DMCA claim.
- I hereby state that I have a good-faith belief that the disputed use of copyrighted material in this DMCA Notice is not authorized by the copyright owner, its agent or the law.
Please note that if you wish to make a copyright infringement claim, this is the start of a legal process.
User Comments and Submissions
When commenting on our blog or other public sections of our website, you are agreeing that we may use Your comments on our Site and/or other marketing collateral. RecruitBPM is not responsible for user or third-party comments, views or opinions of site visitors. Our Site reserves the right to remove offensive comments or images.
Testimonials
The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. Your individual results may vary.
Limitations of Liability – Responsibility for Content Use
RecruitBPM does not control, guarantee the accuracy or quality of the content posted to the Site. RecruitBPM is not liable in any way for any Content, including, but not limited to, errors or omissions, or for loss or damage of any kind incurred as a result on the use of any Content posted, emailed or otherwise transmitted or displayed on the Site. Each user must evaluate and assume all risks associated with the use of the Site and all Content, including any reliance on the accuracy, inclusiveness, timeliness or quality.
These Terms are governed and construed in accordance with the laws of Minnesota and the United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have between us regarding the Site.
Indemnification
To the extent permitted by law, You agree to indemnify and defend and hold harmless RecruitBPM, its affiliates, its affiliates' employees, contractors, suppliers and representatives from any and all Site claims, actions, liabilities, suits, injuries, demands, obligations, losses, settlements, judgments, damages, fines, penalties, costs and expenses, including attorney's fees and other expenses that arise from or relate to User data and User's use of Services.
Indemnification
To the extent permitted by law, You agree to indemnify and defend and hold harmless RecruitBPM, its affiliates, its affiliates' employees, contractors, suppliers and representatives from any and all Site claims, actions, liabilities, suits, injuries, demands, obligations, losses, settlements, judgments, damages, fines, penalties, costs and expenses, including attorney's fees and other expenses that arise from or relate to User data and User's use of Services.
Limited Warranty
RecruitBPM represents and warrants to You the following.
- This agreement does not and will not conflict with, violate or result in a breach of any provision of any contract or agreement to which We may be bound.
- We have all necessary rights and permissions to provide the Services offered herein.
- We do not infringe upon any third-party patent or intellectual property rights.
- We do and will continue to comply with all applicable laws in connection with our performance of our Services as outlined in this agreement.
- The functionality or features of the Service may change, but will not materially decrease during any paid term.
- Support may change, but will not materially degrade during any paid term.
- In the event the Services do not substantially conform to the foregoing warranty, You shall provide written notice of non-conformance to RecruitBPM and RecruitBPM shall, at its option and as its sole obligation and as RecruitBPM's sole liability and Your exclusive remedy, repair the affected portion of the Services at no additional charge within 30 days. Or, if it is determined this is not commercially practical, terminate this agreement with respect to the Services and issue a refund for any prepaid amounts for unused portions of the term.
- We do not claim, and you should not assume, that all users will have the same experiences. Your individual results may vary.
- You are solely responsible for testing Our Services for efficacy.
- Other than this warranty, we do not provide any other warranties (express, implied, statutory) including, but not limited to, merchantability, fitness for a particular use, non-infringement and security are disclaimed and excluded.
- As issues beyond our control may limit your access to Services, we do not warrant any specific uptime or performance.
- We do not cover issues as a result of accident, abuse or Services used that do not comply with our Terms of Use, published documentation or verbal/written guidance.
Disclaimer
Except as expressly set forth herein, the Services are provided "As Is" and "As Available" and are without warranty of any kind, express or implied. We disclaim all warranties, including, without limitation, the implied warranties of merchantability, title and fitness for a particular purpose.
While RecruitBPM takes reasonable physical, technical and administrative measures to secure the service, We do not guarantee that the Service cannot be compromised. You understand that the Service may not be error-free, and use may be interrupted.
You also understand that Your use of the Service does not constitute compliance with any law. And You understand that You are obligated to comply with any applicable laws to the Service.
Additionally, we do not accept liability for any virus or malware contracted as a result of visiting this Site or any other website and will not be liable for any claim, loss, damage, costs or expenses suffered or incurred by User as a result of the presence of any virus or malware on this Site.
Defense of Claims
If any lawsuit or enforcement action is filed against any party entitled to the benefit of indemnity hereunder, written notice thereof shall be given to the indemnifying party as promptly as practicable (and in any event not less than 15 days prior to any hearing date or other date by which action must be taken); provided that the failure of any indemnified party to give timely notice shall not affect rights to indemnification hereunder except to the extent that the indemnifying party demonstrates actual damage caused by such failure. After such notice, the indemnifying party shall be entitled, if it so elects, to take control of the defense and investigation of such lawsuit or action and to employ and engage attorneys of its own choice to handle and defend the same, at the indemnifying party's cost, risk and expense; and such indemnified party shall cooperate in all reasonable respects, at its cost, risk and expense, with the indemnifying party and such attorneys in the investigation, trial and defense of such lawsuit or action and any appeal arising therefrom; provided, however, that the indemnified party may, at its own cost, participate in such investigation, trial and defense of such lawsuit or action and any appeal arising therefrom. The indemnifying party shall not, without the prior written consent of the indemnified party, effect any settlement of any proceeding in respect of which any indemnified party is a party and indemnity has been sought hereunder unless such settlement of a claim, investigation, suit or other proceeding only involves a remedy for the payment of money by the indemnifying party and includes an unconditional release of such indemnified party from all liability on claims that are the subject matter of such proceeding.
Government Enforcement
Our terms are governed and construed in accordance with the laws of Minnesota, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and Services, and supersede and replace any prior agreements we might have between us regarding the Site and Services.
Support
For support, users may email us at support@recruitbpm.com. Our goal is to respond to all support requests within one business day We may also offer premium support services based upon your subscription plan.
Subscribing to Our Services
To subscribe to RecruitBPM's Services, You must:
- Be at least 18 years old.
- Provide your full name, company name, address, phone number and email address.
- Provide billing and financial information such as billing name and address, credit card number and security code.
- Provide the number of Users within the organization that will be using our Service.
- For individual User accounts, select a username and a strong password.
- For organizational User accounts, allow sharing of Content within the User organization and have at least one account User designated as the Administrator.
- Be responsible for protecting the confidentiality of any non-public authentication credentials such as passwords and the confidentiality of your content.
- Have each User register for a new Account; multiple people accessing the Services with the same Account is prohibited.
- Not share your password with other Users.
- Not group Accounts of Users from different organizations into a single Account unless you are responsible for the payment of all Accounts and users of the Services in support of Your business.
- Pay Your subscription fee prior at the end of a trial or promotional period unless You cancel Your subscription. This Service is billed in advance and non-refundable, except as noted in RecruitBPM's Terms of Use.
- Be responsible for any action taken on behalf of any Your Account Users (even if You are not the one taking such action).
- Accept and comply with RecruitBPM's terms and Privacy Policy.
- Not be a bot or any other similar program.
Subscribing to Our Services
RecruitBPM offers standard and premium subscription plans billed monthly or annually, which includes the following.
- Duration of subscription (monthly or annually)
- Subscription level (standard or premium), which defines
- Features available for User or Organization
- Usage limits (e.g., bandwidth, number of records and database size)
- Support and training levels
- Reporting and analytics levels
- Pricing per subscription period
- For trial or discounted subscriptions, RecruitBPM may limit or disable features at its discretion.
Your subscription level determines the specific use of Service. You may not deviate from the subscription parameters. RecruitBPM also reserves the rights to limit the bandwidth usage if Subscriber exceeds the average usage of other Service Users. We will be respectful as not to disrupt business operations.
Payment, Refunds and Subscription Changes
The following outlines RecruitBPM's payment, refunds and subscription changes policies.
- RecruitBPM bills for Services a month in Advance in Monthly Plan and a year in Advance in Yearly Plan.
- Payment is non-refundable (with the exception of the provisions outlined in the Cancellation and Termination section).
- We do not offer refunds or credits for partial months of use or for months not used in an open account applicable to both Monthly and Yearly Plan.
- User must provide any billing information changes to RecruitBPM before the next billing period.
- Our Service fees do not include any taxes, levies or duties and User is responsible for payment of all taxes imposed by local, state, federal or foreign government agencies (with the exception of taxes based solely on RecruitBPM's net income).
- You may change your subscription at any time.
- If you upgrade, RecruitBPM will immediately charge You the difference between your current subscription level to the new level (prorated for the number of calendar days remaining in your period). We will bill at the full subscription rate on your next billing cycle.
- Subscription downgrades will go into effect on the first day of your next subscription period.
- User authorizes RecruitBPM to pay the Service fee using your credit or debit card You provide.
- We only accept United States Dollars (USD) payment.
- You may change your subscription or the number of Accounts in your subscription at any time.
- RecruitBPM will bill any new users immediately at a prorated amount for the remaining days in that billing month.
- Decreasing the number of Users is considered a cancellation for each user; and we will remove them at the end of the subscription period.
- See the cancellation and termination section for specific policy and guidelines.
- RecruitBPM reserves the right at any time to modify Services and subscription rates.
- We will notify Users of any fee changes within 30 days on our website or by email.
- Although not required, we will make every effort to notify you of any Service changes on our website.
- RecruitBPM is not liable to User or any third party for modification, price changes, suspensions or discontinuance of Services.
Renewal
We automatically renew all subscriptions and bill at the current rate on a recurring basis until canceled. Your renewed subscription will be governed by the Terms of Use posted on our Site on the new effective renewal date. You may decline to renew your subscription if you do not agree to any of the renewal terms.
Cancellation and Termination
The following outlines User responsibilities and expectations about our cancellation and termination policy.
- You may cancel your account at any time and RecruitBPM does not accept verbal cancellations.
- User is responsible for saving any User content before the subscription cancellation goes into effect. Once an account is canceled, RecruitBPM reserves the right to delete any associated data at any time.
- If you cancel the Service before the end of your current paid month, your cancellation will take effect immediately and we will not charge your credit card again. However, we will not prorate or issue any refunds.
- RecruitBPM reserves the right at its sole discretion to suspend or terminate Your account and refuse any and all current or future use of any and all Services
- Any payments to job boards or other third parties through our Services are not refundable.
Posting to Job Boards
RecruitBPM Services provides direct posting to third-party job boards. The following outlines our policy.
- RecruitBPM will not post any of your listings, postings or other content on any third-party job boards unless it is requested through our Service.
- Since we do not control third-party job boards, we cannot offer any guarantees to their efficacy or performance.
- All purchases made through RecruitBPM Services to these job boards are final and nonrefundable at the time of purchase.
- You agree that any content You post on these job boards meets all RecruitBPM's terms of use as well as guidelines required by these third parties.
- You agree to indemnify and hold harmless RecruitBPM for any violation of a third-party job board's terms performed using RecruitBPM's Service.
Privacy
Your user experience and personal information are both important to us. By using our Site, you agree to RecruitBPM collecting, storing and using Your personally identifiable information (PII) and your non-personally identifiable information (Non-PII), and the use of cookies as outlined in our Privacy Policy.
- All personal data collected is used to optimize our site and improve Your experience. Therefore, we reserve the right to share Your aggregated personal data at Our discretion with third-party analytical services which help Us make data-driven decisions.
- We will not sell Your information to any third parties.
- RecruitBPM agree that we will not share personal data with any third parties without your prior consent or authorization, except in cases where we rely on third parties to provide the RecruitBPM Services
Confidential Information
Both RecruitBPM and User acknowledge that we may disclose confidential information to each other during the terms of our agreement (verbally or written). Both parties will agree to treat each other's confidential information with the same level of professionalism as if it were its own.
Confidential information may include, but is not limited to:
- Proprietary or trade secret information
- Customer / client lists
- Product plans and strategy
- Technology
- Systems
- Business policies and processes
- Financial data such as User non-published discounts, terms or promotional / special pricing
- Non-public sales, marketing and business information that is not:
- Disclosed in public materials or public domain through no action or disclosure by the receiving party
- Lawfully obtained from a third party without any obligation of confidentiality
- Lawfully known to the receiving party prior to disclosure by the other party
- Independently developed by the receiving party without reference to the disclosing party's confidential information
RecruitBPM and User agree that they will destroy all copies of each other's confidential information in its possession within 60 days after the agreement expires or is terminated.
Links to Other Websites
Our Site may contain links to third-party websites or services that are not owned or controlled by RecruitBPM.
RecruitBPM assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that RecruitBPM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
Purchases and Downloads
If you wish to purchase or download any product or service made available through the Site, you may be asked to provide certain information relevant to your purchase or download including, without limitation, your contact information. Please see Our Privacy Policy on how we use Your personal information.
Termination
We may terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms, which by their nature, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time to reflect changes in the market, industry, our business, technology, etc. We will make every effort to inform you of any changes to our Terms of Use agreement on our website.
Contact Us
If you have any questions about this Terms of Use agreement, You can contact us:
Credit
This Terms and Use page was created in part by Automattic's open-source legal documents and a Termsfeed template generator.
