Terms of Service

 

HipHire, LLC, a Missouri limited liability company and its affiliates (sometimes referred to as “we”, “us”, or “our”) provide the Website as well as associated services, mobile apps, and other applications (collectively, the “Services”) subject to these Terms of Use and our Privacy Policy (the “Policies”).

By using the Services or any of our APIs you agree to the Policies and if you are using the Services or an API on behalf of a business entity then you agree to the Policies on behalf of yourself and such entity. If you do not agree with the Policies, then do not use the Services or our APIs.

We may amend the Policies or any part thereof at any time by providing advance notice to you on the Website or through another communication channel. Your continued use after we provide the notice constitutes consent to the amendment(s) by you and your business entity, if applicable. If you do not agree to the amendment(s), then do not continue using the Services or our APIs.

THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION THAT MAY BE ENFORCED BY THE PARTIES.

These Terms of Use includes six parts:

  1. Use of the Services
  2. Content; Intellectual Property; and Copyright Policy
  3. Terms Specific to our APIs
  4. Disclaimers; Limitations of Liability; and Indemnification
  5. Arbitration
  6. Miscellaneous

USE OF THE SERVICES

Provision
We will use commercially reasonable efforts to ensure the Services are up and running but we are not liable for any time during which the Services may be down. We may also modify, change, or remove, parts or all of the Services at any time. If you click on any links that take you away from our Services, then you use those other sites and services at your own risk.

Prohibited Uses
You must be at least 13 years old to use the Services (use of the Services by individuals under 13 is prohibited). Additionally, if you are 13 to 17 years old, then you must have your parent or legal guardian read and accept the Policies on your behalf. By using the Services, you represent and warrant that your parent or legal guardian has reviewed and accepted the Policies and that you have permission from your parent or legal guardian to use the Services. If your parent or legal guardian has not reviewed and accepted the Policies on your behalf, then do not use the Services.

You may not do anything through the Services that is illegal or that diminishes our purposes or that will harm the Services including using bots or other automated systems. You may not use the Services if you are under 13, if we have restricted or terminated your use of the Services, or if your use of the Services will violate another contract.

User Accounts
We may allow certain users to create user accounts using the Services. If you create an account then we may request information about you as provided in our Privacy Policy and certain information about you may be discoverable to other users of the Service. You are responsible for everything that happens through your account. You must keep your account credentials private and shall not allow other people to use your account. We may terminate your account at any time for any reason. You may terminate your user account at any time, for any reason, provided such termination is in accordance with the Policies.

Premium Services
We may charge various fees for your use of certain portions of the Services (the “Premium Services”). If you elect to use the Premium Services, then you shall pay us all charges and taxes when due for your use of the Premium Services at the then current rates described on the Website. If we incur any costs or expenses related to collecting overdue payments to us by you, then you shall reimburse us the same, with interest. You agree that we may, but we are not obligated to, store your personal identification information including without limitation all payment information and credit card information (and such information may be stored by a third party payment processor). You may terminate your Premium Services at any time, but you shall remain liable to pay for those Premium Services rendered to you.

Individuals Under 18
You must be at least 13 years old to use the Services (use of the Services by individuals under 13 is prohibited). Additionally, if you are 13 to 17 years old, then you must have your parent or legal guardian read and accept the Policies on your behalf. By using the Services, you represent and warrant that your parent or legal guardian has reviewed and accepted the Policies and that you have permission from your parent or legal guardian to use the Services. If your parent or legal guardian has not reviewed and accepted the Policies on your behalf, then do not use the Services.

CONTENT AND INTELLECTUAL PROPERTY

Users of the Services may submit content to us including text, photos, videos, and other content. By submitting such content you represent and warrant that you own such content and the intellectual property to the same and that you have the right to submit the same to us for our use and you thereby grant us an irrevocable, worldwide, perpetual, sub-licensable, royalty-free, license to use the same, including the right to reproduce, prepare derivative works from, distribute, display, and perform the same, for any reason, with or without attribution. Unfortunately, due to the nature of the Internet, we cannot guarantee that other users of the Services that have access to your content will not use such content in a way that might violate your rights and we disclaim all liability for such uses by other users.

Your termination of your use of the Services or any portion of the Services does not terminate the above license. You may request that we remove your content from our systems but we may not be able to do so and we are not obligated to do so. We also have no obligation to retain any of your content.

Intellectual Property Rights
All of the content on the Website and all of the software and website design/code is owned by us, licensed to us, or likely owned by another individual or entity and all of the same may be protected by copyright, trademark, patent, or other intellectual property laws. Your use of the Services does not grant any rights to you other than the right to use the Services for its intended purpose as outlined in the Policies.

Copyright Policy
We abide by the Digital Millennium Copyright Act (the “DMCA”) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. Before sending either a Notice of Infringing Material or Counter-Notification, you should contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. Our Copyright Policy is intended to comply with our rights and obligations under the DMCA but does not constitute legal advice.

All correspondence regarding copyright should be sent to our copyright agent as follows: 1712 Main Street, Suite 303, Kansas City, MO 64108. Email correspondence regarding copyright matters may be sent to support@hiphire.com.

To file a Notice of Infringing Material with us, send the following to our copyright agent: (1) 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; (2) 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; (3) Information reasonably sufficient to permit us to contact you, such as name, street address, telephone number, and, if available, an email address at which you may be contacted; (4) 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; (5) 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; and (6) A physical or electronic signature, in a form reasonably acceptable to us, of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a Notice of Infringing Material containing the information outlined above: we will remove or disable access to the material that is alleged to be infringing; forward the written notification to the alleged infringer (the “Alleged Infringer”); and take reasonable steps to promptly notify the Alleged Infringer that we have removed or disabled access to the material.

If material that has been posted to a site controlled or operated by us has been taken down as a result of a Notice of Infringing Material, then the party responsible for posting such material may make a Counter-Notification pursuant to the Digital Millennium Copyright Act. Please be advised that the party making a Counter-Notification may be held liable for damages if the party makes material misrepresentations pursuant to federal law in the Counter-Notification. When we receive a Counter-Notification, the material in question may be reinstated. To file a Counter-Notification, the party posting the material in question must provide a written communication (by postal mail, overnight mail, or attached in an email) that sets forth the following information: (1) Identification of the material that we removed or to which we disabled access and the location at which the material appeared before it was removed or access to it was disabled; (2) The responding party’s contact information (such as name, postal address, telephone number, and email address) and a statement of consent to the jurisdiction of the US District Court for the Western District of Missouri (or if your address is outside of the United States, to a judicial district in which we may be found), and that the responding party will accept service of process from the person who provided the initial Notice of Infringing Material or an agent of such person; (3) A statement that the responding party has a good faith belief that the removed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (4) A physical or electronic signature, in a form reasonably acceptable to us, of a person authorized to act on behalf of the responding party.

Upon receipt of a Counter-Notification in substantial compliance with the DMCA, we will provide the party who provided the Notice of Infringing Material a copy of the Counter-Notification. After receipt of the Counter-Notification, we will generally replace the removed material and cease disabling access to it, unless our designated agent first receives notice from the person who submitted the Notice of Infringing Material that such person has filed an action seeking a court order to restrain the party from engaging in infringing activity relating to the material hosted for that project on a website controlled by us.

TERMS SPECIFIC TO OUR APIs

API License
At our sole discretion, we may allow certain individuals or companies to interact with, pull data from, and use, the Services using one or more Application Program Interface, commonly referred to as an API. If you are interested in using one or more of our APIs, please contact us. Additional API terms and conditions may apply to your use of our APIs. Notwithstanding the foregoing, your use of one or more of our APIs is subject to the Policies unless we expressly waive the same in writing.

DISCLAIMERS; LIMITATIONS; AND INDEMNIFICATION

THE WEBSITE AND SERVICES AND ALL APIS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SUBJECT TO THE FOLLOWING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS. WE DO NOT CONTROL OR VET USER GENERATED CONTENT ON THE SERVICES OR THE APIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS AND DISCLAIM ANY AND ALL IMPUTED WARRANTIES AND REPRESENTATIONS, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NON-INFRINGEMENT. WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT AND OTHER MISUSE OF YOUR IDENTITY OR OTHER CONTENT. WE DO NOT MAKE ANY GUARANTEES REGARDING THE OPERATION OF THE WEBSITE OR THE SERVICES OR THE APIS, PORTIONS OR ALL OF WHICH MAY BE UNAVAILABLE AT TIMES OR TERMINATED PERMANENTLY.

EXCEPT AS EXPRESSLY PROVIDED IN ANOTHER CONTRACT BETWEEN YOU AND US, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR AN API IS TO TERMINATE YOUR ACCOUNT AND/OR YOUR USE OF THE SERVICES OR AN API. NEITHER US NOR ANY OF OUR SUBSIDIARIES, AFFILIATED COMPANIES, LICENSORS, OR THE OWNERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS OF ANY OF THE SAME (“AFFILIATES”) SHALL BE CUMULATIVELY LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU OR ANY THIRD PERSON ARISING FROM YOUR USE OF THE SERVICES OR AN API, ANY PLATFORM APPLICATIONS OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED THROUGH THE SERVICES OR AN API. SUBJECT TO THE OTHER LIMITATIONS IN THE POLICIES, OUR LIABILITY, IF ANY, AS WELL AS THE LIABILITY OF ANY OF OUR AFFILIATES, IF ANY, SHALL BE LIMITED TO THE SUMS PAID BY YOU TO US OR OUR AFFILIATES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. FURTHER, ANY CAUSE OF ACTION OR CLAIM WHICH YOU MAY HAVE WHICH ARISES OUT OF OR RELATES TO THE POLICIES OR THE SERVICES OR ANY API, MUST BE BROUGHT, IF AT ALL, WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUED, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY; WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES; OR THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL OF THEIR ESSENTIAL PURPOSE.

You shall save, indemnify, and hold us and our affiliates harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to all third party claims, charges, and investigations, caused by your failure to comply with the policies, including without limitation, your submission of content that violates third party rights or applicable laws, any applications or programs which you create which use any of our Services or APIs, and any activity in which you engage on or through the Services or an API.

Certain state laws do not allow limitations on implied warranties or the exclusion of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, and limitations, may not apply to you and you may have additional rights.

ARBITRATION

You agree that any dispute or claim which you may have which is related to the Website or your use of the Services or any API shall be resolved by binding arbitration rather than in court (arbitration does not involve a judge or jury and court review of arbitration awards is limited). If you have a claim, you should send a letter requesting arbitration and describing your claim to our registered agent on file with the Missouri Secretary of State.

The Missouri Uniform Arbitration Act shall apply to the Policies and your use of the Services and any APIs as well as any claims or actions that may arise as a result of your use of the Services or any portion of the Services or any API. The rules of the American Arbitration Association shall apply to the arbitration, but we are not required to use such association to conduct the actual arbitration. All arbitrations shall be held in Jackson County, Missouri. You agree that disputes and claims will be conducted and resolved on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds to a court, then we each waive any right we may have to a jury trial.

Notwithstanding the above, we may bring suit in a court to enjoin infringement or misuse of intellectual property or confidential information.

MISCELLANEOUS

Termination
Except as otherwise provided in another written agreement between you and us, you may only terminate this agreement with us by suspending your use of the Website and Services and delivering written notice to us of your termination. However, you will remain liable for any damage you caused or may later cause to us, the Website, or the Services.

Except as otherwise expressly provided in another written agreement between you and us, we may terminate this agreement with you, or any portion thereof, or suspend your access to the Website or Services or any portion thereof, for any reason or no reason, at any time, with or without notice to you. Such termination or suspension may be immediate or may be at a future date. We may also restrict or prohibit future use of the Website and Services by you.

Upon termination of this agreement, you shall immediately cease using the Website and the Services.

Applicable Law
This agreement and all of our Policies are governed by and construed in accordance with the laws of the State of Missouri, United States of America, without giving effect to the principles of conflict of laws of such state, the Missouri Uniform Arbitration Act, and applicable U. S. federal law. Except as contemplated under the arbitration provision above, for any dispute arising out of or relating to this Agreement, the parties consent to personal jurisdiction in, and the exclusive venue of, the courts in Jackson County, Missouri, and the United States District Court for the Western District of Missouri.

Contact
Except as otherwise required, all notices and communications that you may send to us shall be sent to us, with all expenses prepaid, at the following address: 1712 Main Street, Suite 303 Kansas City, MO 64108. You may send informal communications to us via email at support@hiphire.com.

Assignment
We may assign the Policies to any third party and all covenants and agreements hereunder will inure to the benefit of and be enforceable by said successors or assigns. You may not assign your rights or obligations under the Policies without our prior and express written consent.

Waiver
The failure or delay by us to exercise any right or remedy set forth in the Policies will not operate as a waiver thereof. The waiver by us of a breach of any provision hereof will not operate as a waiver of any subsequent breach. No waiver by us will be effective unless and until it is in written form and signed by us.

© 2013- HipHire All rights reserved. 1712 Main St., Suite 303 Kansas City, MO 64108 1-816-920-0298. View our Terms and Privacy policies