Terms of Use & Subscriber Agreement

This Terms of Use & Subscriber Agreement ("Terms") is a legally binding agreement between ProcureServe ("ProcureServe"), and you, as an Employer (including employers, recruiting firms, staffing agencies, and recruiters) or Job Candidate (collectively, "User") of this web site, including all information, products, services, software, databases, and web site available from ProcureServe or offered as part of or in conjunction with the web site (collectively, the "System").

By accessing information on this System, User acknowledges that User has read, understood, and agrees to comply with the terms of this Agreement. By using the System as a Job Candidate, Employer, and/or submitting any content, User agrees to be bound by and comply with this Agreement. If you do not wish to be bound by this Agreement, do not use the System.

You understand and agree that the System is provided to you on an AS IS and AS AVAILABLE basis. ProcureServe reserves the right to modify, suspend, or discontinue the System with or without notice at any time and without any liability to you.

TERMS APPLICABLE TO EMPLOYERS

Eligible Subscribers of ProcureServe

Subscriptions to ProcureServe are limited to Employers. ProcureServe reserves the right to determine, in its sole discretion, whether a firm meets the eligibility requirements for subscriptions.

Subscription Terms

All subscription offers are made to eligible, qualified Employers. As the expiration date of an Employer's subscription term approaches, the Employer may be invoiced for a new subscription term. If the invoice is paid, the subscription and its associated benefits will continue; otherwise, the subscription will become inactive on its expiration date. When a subscription becomes inactive, all features, services, and benefits of the subscription cease. These may include but are not limited to: jobs entered in the System, distribution of jobs, web pages maintained by the System, resume-forwarding services.

Employer Conduct

Employer agrees that all the information accessed by Employer will be used only to allow the Employer to use the services offered by ProcureServe. Employers seeking to fill open, verifiable job positions on behalf of their client or vendor companies may use the System only for lawful purposes. Employers shall upload in the System only genuine, verifiable employment advertisements from Employer's company or from verifiable companies with which Employer has a direct, explicit, agency relationship. Each Employer shall be responsible for the accuracy, timeliness, and completeness of any employment advertisements or candidate profiles its users place in the System.

Employer represents, warrants, and covenants that any information or materials uploaded to the System by Employer for use in connection with the System will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants ProcureServe a non-exclusive, worldwide, royalty-free license to use these materials and to hyperlink to Employer's website.

Specific Prohibited Conduct of Employers

Prohibited Uses of the System include:

Password Sharing: Use of the System is limited to registered and authorized account holders. Employers can modify the profile and change the authorized person anytime during the valid subscription period. The sharing of passwords or login information is forbidden. Violation of this prohibition will result in an immediate cancellation, without refund, of any remaining portion of the subscription amount. Each Employer must use the login information for its registered subscription.
System Abuse (Fair Usage Policy): You agree not to abuse the system resources by posting too many jobs or viewing excessive resumes beyond the normal business environment. Fair Usage is defined as 3 (three) to 5 (five) requirements or viewing 100 to 300 resumes per day per user license. Beyond this normal usage on a consistent basis will be considered "Abuse of the system" and will result in immediate termination of access with NO refunds.
Commercial Use of System: The reselling of any part of the System or the services or benefits provided by the System is expressly forbidden. All usage of the System must be contracted directly via ProcureServe or one of our authorized affiliates. Reselling of the System or any of its components without prior, written permission from ProcureServe will result in an immediate cancellation, without refund, of any remaining portion of the subscription amount. ProcureServe reserves the right to take legal action, both civil and criminal, against unauthorized use of the System.
Solicitation and Advertising: You agree not to use the System to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval. An Employer shall not mass market or solicit via e-mail, fax, telephone, or other means to job seekers identified through the candidate resources (including resume databases) or to other Employers. Employers may not post any jobs on the System for any competitor of ProcureServe or post jobs or other content that contains links to any site competitive with ProcureServe.
Automatic Searching & Robots: An Employer shall not use or attempt to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the System.
Multiple or Duplicate Postings: An Employer shall not post duplicate positions, multiple positions within one advertisement, or copy (plagiarize) other employment advertisements or candidate profiles.

TERMS APPLICABLE TO ALL USERS

User Conduct

Users will not make any other unauthorized use of this System, or any interactive features available on this System. User warrants to ProcureServe and its affiliates that User will not use this System for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The System may be used only for lawful purposes by individuals to network for personal or professional purposes with other individuals. You agree that you are responsible for your own use of the System, for any content you submit to ProcureServe, and for any consequences thereof.

Specific Prohibited Conduct of Users

Prohibited Uses of the System include:

Submitting any incomplete, false, or inaccurate biographical information.
Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of any of the System.
Collecting for marketing purposes any email addresses or other personal information that has been posted by other users of the System.
Impersonating any person, business, or entity, including ProcureServe and its employees and agents, or falsely stating or otherwise misrepresenting your affiliation with any person, business, or entity, including ProcureServe.
Violating or infringing the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy, or other proprietary rights.
Taking action to gain or gaining unauthorized access to the System, or any account, computer system, or network connected to the System, by means such as hacking, password mining, or other illicit means.
Victimizing, harassing, degrading, or intimidating an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
Encouraging conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person.
Permitting any person to access, using your account, any features of the System that may require registration.
Sending unsolicited commercial email to other individuals.
Advertising on the System or commercially soliciting any other individual to purchase goods or services, or give a donation.
Violating these Terms, guidelines, or any policy posted on the System, or interfering with the use of the System by others.

Although ProcureServe cannot monitor all content on the System, you understand that ProcureServe shall have the right, but not the obligation, to monitor the content of the System to determine compliance with these Terms and any other operating rules that may be established by ProcureServe from time to time. ProcureServe shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material posted on the System for any reason, including violation of these Terms, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, Users shall remain solely responsible for the content they submit.

You acknowledge and agree that neither ProcureServe nor any of its affiliates shall assume or have any liability for any action or inaction by ProcureServe with respect to any conduct within the System or any communication or posting on the System. ProcureServe also reserves the right to disclose any information that ProcureServe believes necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part. ProcureServe does not represent or guarantee the truthfulness, accuracy, or reliability of content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

ProcureServe requires you not to use the System to violate anyone's copyright, trademark, or other intellectual property rights. By posting or submitting any material to the System, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. Submitting or posting material that is the property of another, without the consent of its owner, is not only a violation of these Terms, but may also subject you to legal liability for infringement of copyright, trademark, or other intellectual property rights.

User Name / Password

To obtain access to certain services on the System, you may be given an opportunity to register. As part of any such registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete. You also agree not to (i) select, register, or attempt to register, or use a user name of another person with the intention of impersonating that person; (ii) use a user name of anyone else without authorization; (iii) use a user name in violation of the intellectual property rights of any person; or (iv) use a user name that ProcureServe considers to be offensive.

ProcureServe reserves the right to reject or terminate any user name or password that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify ProcureServe of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify ProcureServe immediately. ProcureServe reserves the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests.

Termination

Users agree that ProcureServe, in its sole discretion, may terminate access to or use of the System, at any time and for any reason, including without limitation, if ProcureServe believes that a User has violated or acted inconsistently with the letter or spirit of this Agreement through the use of or submission to the System. Upon any such termination, User's right to use the System will immediately cease. You agree that any termination of your access to or use of the System may be effected without prior notice, and that ProcureServe may immediately delete all information and files associated with it, and/or bar any further access to such information or files. User agrees that neither ProcureServe nor any affiliated entity will be liable to you or any third party for any termination of your access to the System or to any such information or files, or will be required to make such information or files available to you after any such termination.

Corporate Identification and Trademarks

All registered and/or unregistered trademarks and/or service marks (collectively, "Marks") used or referred to on this System are the property of ProcureServe, unless otherwise noted. User may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way without ProcureServe's prior written permission. The use of ProcureServe Marks on any other web site, without authorization, is prohibited.

Privacy

ProcureServe collects information about the Users of this System. Collection of this information is governed by its Privacy Policy, which may be accessed on the System.

Proprietary Rights to Content

The System contains copyrighted material, trademarks, and other proprietary information, including data, text, software, photos, video, and graphics ("Content"). YOU MAY USE THE SITE AND THE CONTENT OFFERED ON THE SITE ONLY FOR INTERNAL PURPOSES. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of this System or any portion of it. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the System or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.

Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to ProcureServe's Designated Agent.

To be effective, the notification must be a written communication that includes the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notifications should be sent to: contact@procureserve.com.

We may give notice to our users by means of a general notice on the System, electronic mail to a user's e-mail address in our records, or written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which you may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Links to Third Party Sites

At times, the System may contain links to third-party web sites, which are not under the control of ProcureServe. ProcureServe makes no representations whatsoever about any other web site to which Subscriber may have access through the System. When Subscriber accesses another web site, User does so at User's own risk and acknowledges that ProcureServe is not responsible or liable for any content, advertising, products, or other materials available from such third-party sites. User also agrees that ProcureServe shall not be liable for any loss or damage of any sort incurred as the result of using any third party's web site. Mention of third-party companies and web sites on the System is for informational purposes only and does not constitute an endorsement or recommendation.

ProcureServe's Role

ProcureServe's System is an arena for Employers (or their agents) to post job opportunities and candidates to post resumes and profiles. ProcureServe is not involved in the actual transaction between employers and candidates. As a result, ProcureServe has no control over the quality, safety, or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates, or the ability of candidates to fill job openings. ProcureServe makes no representations about any jobs, resumes, or content on the System. While ProcureServe reserves the right in its sole discretion to remove content, job postings, resumes, or other material from the System from time to time, ProcureServe does not assume any obligation to do so and disclaims any liability for failing to take any such action.

Because User authentication on the Internet is difficult, ProcureServe cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on the System, in the event that you have a dispute with one or more Users, you release ProcureServe (and our agents and employees) from claims, demands, and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

ProcureServe does not and shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations.

ProcureServe is an equal opportunity employer. We will not discriminate and will take affirmative action measures to ensure against discrimination in employment, recruitment, advertisements for employment, compensation, termination, upgrading, promotions, and other conditions of employment against any employee or job applicant on the bases of race, color, gender, national origin, age, religion, creed, disability, veteran's status, sexual orientation, gender identity, or gender expression.

Disclaimer of Warranties and Liability

YOU AGREE THAT YOUR USE OF THE SYSTEM IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SYSTEM, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON ANY MATERIAL AVAILABLE THROUGH THE SYSTEM, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SYSTEM.

THE SYSTEM IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. PROCURESERVE AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SYSTEM, NOR DO THEY GUARANTEE THAT THE SYSTEM WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE SYSTEM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL PROCURESERVE AND ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE SYSTEM, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF PROCURESERVE AND ITS AFFILIATES, AGENTS, AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF PROCURESERVE AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SYSTEM WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO PROCURESERVE FOR THE USE OF THE SYSTEM.

Indemnity

You agree to indemnify, defend, and hold harmless ProcureServe, its affiliates, and their officers, directors, employees, agents, licensors, and suppliers, from and against any and all losses, expenses, damages, and costs (including reasonable attorneys' fees) resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the System using your account.

Relationship of Parties

User agrees that no joint venture, partnership, employment, or agency relationship exists between User and ProcureServe as a result of this agreement or use of this System.

Governing Law

This Agreement and the relationship between User and ProcureServe shall be governed by and construed in accordance with the laws of the applicable jurisdiction. Any controversy or claim arising out of or relating to this Agreement or relating to use of this System and the material contained in this System shall be resolved in a court of competent jurisdiction.

Waiver/Severability

The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

Reservation of Rights

Any rights not expressly granted herein are reserved.

Entire Agreement

This Agreement constitutes the entire agreement between the User and ProcureServe with respect to this System and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the Subscriber and ProcureServe with respect to this System. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Revisions

ProcureServe may revise these Terms at any time by posting an updated version on the System. You should visit the System periodically to review the most current Agreement because it is binding on Users.

Questions

For any questions or legal concerns, please email contact@procureserve.com.