1. VERIFIEDHIRE SERVICE
VerifiedHire is a network where professionals can share their college transcripts and employer reviews with their employers and colleagues instantly.
2. REGISTRATION INFORMATION
As a condition of your use of the Service, You agree to provide VerifiedHire with true, accurate, current and complete information as prompted by the VerifiedHire registration forms, when registering for or using the Service.
3. MINIMUM AGE
If you are under the age of eighteen (18), you are prohibited from using or registering for the Service.
4. USE VOID WHERE PROHIBITED
Membership in the Service is void where prohibited.
6. SERVICE FEES AND BILLING METHODS; AUTOMATIC RENEWAL
7. ACCOUNT SECURITY
VerifiedHire will assign you a member number and a password when you register. Your member number and password may only be used by you. You are solely responsible for maintaining and protecting the confidentiality of your member number and password, and are fully responsible for all activities that occur under you member number and password.
8. LIMITED LICENSE TO WEBSITE
By agreeing to the terms and conditions of this Agreement, VerifiedHire grants you a limited license to access and college transcripts and employer reviews. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose the college transcripts, employer reviews, or any other content, without the express written consent of VerifiedHire.
9. SUBMISSIONS OF REVIEWS
In order for you to submit a review on the Website, You acknowledge and agree that:
(a) Your review will be based upon your actual first-hand experiences with the member you are reviewing.
(b) Your review of the member will be accurate, truthful and complete in all respects.
(f) Your name and review information will be made available to anyone who views the member’s profile.
10. CONTENT LICENSE
Although VerifiedHire does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials you give us (collectively, the "Content"), by providing Content for the Website, You automatically grant, and you represent and warrant that you have the right to grant, to VerifiedHire an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing VerifiedHire with Content, You automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website by any other party.
11. PUBLICATION AND DISTRIBUTION OF CONTENT
VerifiedHire does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that VerifiedHire simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by members. You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that VerifiedHire does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content. You further acknowledge that VerifiedHire has no obligation to screen, preview, monitor or approve any Content. However, VerifiedHire reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will VerifiedHire be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against VerifiedHire relating to Content or Service Provider Content, and release VerifiedHire from any and all liability for or relating to any Content.
12. YOUR CONDUCT
In connection with your use of the Service, You represent and warrant that you:
(a) Are above the age of eighteen (18);
(b) will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
(c) will not submit any reviews that may be considered by VerifiedHire to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person's privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
(d) Will submit thorough and thoughtful reviews of the members you review (for example, submitting a review describing a member as "He/She is great." without additional commentary is not a thorough and thoughtful review);
(e) Will not submit reviews that comment on other users or the reviews of other users;
(f) will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with VerifiedHire, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review;
(g) will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
(h) will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(i) Will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(j) Will not take any action that would undermine the review process under the Service;
(k) Will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
(l) will not use the Service in any manner that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(m) Will not use the Service in any way that could interfere with the rights of VerifiedHire or the rights of other users of the Service;
(n) Have sufficient rights in and to all content that you provide, transmit or otherwise convey to VerifiedHire in connection with the Service;
(o) Agree not to re-sell or assign your rights or obligations under this Agreement;
(p) Will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
(q) will not access any Content for any commercial, educational or other purposes not related to Your personal decisions, the express written consent of VerifiedHire, which consent may be withheld by VerifiedHire in our discretion; and
(r) grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing.
The reviews that you provide do not reflect the views of VerifiedHire, its officers, managers, owners, employees, agents, designees or other users. In addition, VerifiedHire retains the right, in its sole discretion, to determine whether or not your use of the Service is consistent with the terms and conditions of this Agreement. VerifiedHire may suspend, restrict or terminate your use of the Service and to refuse any future use of all or portions of the Service if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, VerifiedHire may seek any and all other remedies available to it, including (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
13. DISCLOSURE OF INFORMATION
VerifiedHire may make your identifiable information, account information and the Content available to our employees and third parties with whom we contract for use to handle your account. In addition, VerifiedHire may provide non-personally identifiable aggregate statistics, unique identifiers, demographic and other anonymous information about you and VerifiedHire users to advertisers, Service Providers and other third parties. You agree that VerifiedHire may make such uses of information you provide or VerifiedHire collects.
You agree that VerifiedHire may access, preserve and disclose Your account information, any information provided by You to VerifiedHire, including, but not limited to, the Content for the purposes described in this Agreement, if required to do so by law or if in good faith, VerifiedHire believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with any legal process, including but not limited to an enforceable court order or lawful third party subpoena; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of VerifiedHire, its users and/or the public.
As VerifiedHire continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.
14. TERM AND TERMINATION
The initial term of this Agreement will be defined in your membership plan, and will continue for automatic subscription renewals thereafter until termination by either party in accordance with THE TERMS OF this Agreement.
If VerifiedHire deems it necessary, in its sole discretion, VerifiedHire may immediately terminate this Agreement, Your account and your access to the Service. If VerifiedHire merely terminates your account for its convenience and you are not in breach of this Agreement, VerifiedHire will refund your membership fees on a pro rata basis from the date of such termination to the end of the then current term.
Termination of Your account will include removal of Your access to all offerings of the Service, deletion of Your password, deletion of all related information and files, may include the deletion of the Content associated with Your account (or any part thereof), and barring Your further use of the Service.
15. MODIFICATION OF TERMS AND CONDITIONS
VerifiedHire will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website (www.verifiedhire.com). VerifiedHire will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be your conclusive acceptance of all modifications to this Agreement. If you are dissatisfied as a result of such modification(s), your only recourse is to immediately discontinue use of the Service.
16. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE
VerifiedHire reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of the Service. You agree that VerifiedHire will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that VerifiedHire may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which You may access the Service in a given period of time. You agree that VerifiedHire has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through the Service. You agree that VerifiedHire has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. VerifiedHire is not responsible for any delays, failures or other damage resulting from such problems.
18. USER FEEDBACK
VerifiedHire appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Service, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the "Submissions"), such Submissions will be the property of VerifiedHire. In addition, none of the Submissions will be subject to any obligations of confidentiality and VerifiedHire will not be liable for any future use or disclosure of such Submissions.
19. COPYRIGHT MATERIALS
Aside from user-submitted Content all other materials and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the "Copyright Materials") are the exclusive property of VerifiedHire and/or its licensors and are protected by all United States and international copyright laws.
20. WARRANTY DISCLAIMER
You understand and agree that THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT VERIFIEDHIRE ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. VERIFIEDHIRE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR VERIFIEDHIRE COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
21. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VERIFIEDHIRE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF VERIFIEDHIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY VERIFIEDHIRE OR THE FAILURE OF VERIFIEDHIRE TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT VERIFIEDHIRE CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO VERIFIEDHIRE THROUGH THE USE OF A CREDIT CARD (A "CREDIT CARD PROCESSOR"). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR VERIFIEDHIRE, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE "RELEASED PARTIES") SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS PARAGRAPH 23) SUFFERED BY YOU AS A RESULT OF THE FAILURE OF VERIFIEDHIRE TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY VERIFIEDHIRE. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF VERIFIEDHIRE TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY VERIFIEDHIRE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS PARAGRAPH 23. YOU HEREBY UNDERSTAND AND AGREE THAT VERIFIEDHIRE SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
You agree to indemnify, defend and hold harmless VerifiedHire, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to VerifiedHire or that You submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. VerifiedHire will have sole control of the defense of any such damage or claim.
23. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for VerifiedHire to pursue legal action to enforce the terms and conditions of this Agreement, You will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of VerifiedHire’s damages for the specified breaches of this Agreement:
(a) If you post Content in violation of this Agreement, You agree to promptly pay VerifiedHire One Thousand Dollars ($1,000) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
(b) If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, You agree to pay Ten Thousand Dollars ($10,000).
(c) If you use computer programming routines that are intended to aggregate records or reports from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, You agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by You.
(d) Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by VerifiedHire, including, but not limited to attorneys' fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
You agree that VerifiedHire may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Website.
25. ENTIRE AGREEMENT
This Agreement governs your use of the Service and constitutes the entire agreement between you and VerifiedHire. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and VerifiedHire regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to VerifiedHire under this Agreement.
26. GOVERNING LAW
This Agreement and the relationship between you and VerifiedHire will be governed by the laws of the State of Indiana, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Pittsburgh, Pennsylvania and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that VerifiedHire may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
27. PROVISIONS REMAINING IN EFFECT
In the event Your membership with VerifiedHire is terminated or lapses or You are no longer a user of VerifiedHire, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 10, 15 and 21 through 29.
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of VerifiedHire’s rights if VerifiedHire fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, you and VerifiedHire agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and VerifiedHire as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.