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Terms of Use (TOU)

Updated 12-13-2012

Welcome to the Accolo Cloud Recruiting® Platform (the "Site", or "the Service"). These Terms of Use, together with Accolo, Inc.'s Privacy Statement (collectively the "Terms") govern your use of and access to the Site. Your access to the Site means that you accept these Terms. If you do not agree to these Terms or you not comply with these provisions, you may not use the Site.

Accolo reserves the right, in its sole discretion, to change, modify, or otherwise alter these Terms at any time.  Any modifications will be effective when Accolo posts the modified Terms on the Site. We ask that you review the Terms periodically, particularly if you like reading legalese. Your continued use of the Site, or any materials or services accessible through it, means you accept future modifications.

1.     License and Site Access

By your acceptance of these terms, Accolo grants you a limited, non-exclusive, non-assignable, non-transferrable license to access and use the Site. You may not download (other than page caching), or modify any portion of the Site, except with Accolo’s express written consent. (In recognition of the twenty-first century, this consent may be in email form.)  The license to use the Site does not include any resale or commercial use of the Site or its contents; or any derivative use of this Site or its contents; or any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on this site for any commercial purpose. By using the Site, you warrant to Accolo that you will not use the Site, or any of the content obtained from the Site, for any purpose that is unlawful or prohibited by these Terms. Accolo does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on the Site. The compilation of the content on the Site remains Accolo’s property, and “look” and “feel” of the site, including its layout, design, and graphic elements, are also protected by Accolo’s trademarks, service marks, and copyrights.  If you violate any of these Terms, your permission to use the Site automatically terminates.

2.      Accolo Intellectual Property Rights

The Site and all right, title and interest in and to the Site is the sole property Accolo or its licensors, and is protected by United States and foreign patent, copyright, trademark and other regulations. Except for the limited license granted to you in these Terms, Accolo reserves for itself all other rights, title and interest. This means that you may not reproduce, modify, display, sell, or distribute any Site content or use it in any other way for public or commercial purpose except with Accolo’s express written consent. (Yes, we do believe in email consent!) While we cannot anticipate every prohibited use, this prohibition includes without limitation: (a) adapting, altering, modifying, decompiling, translating, disassembling, or reverse engineering the Accolo Cloud Recruiting® Platform or any component thereof, including without limitation, the source code and any other underlying ideas or algorithms; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any Services provided on the Site other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); (c) aggregating, copying or duplicating in any manner any of Site’s content; (d) creating license keys for the Accolo Cloud Recruiting® Platform; (e) copying, transferring, sublicensing, loaning, selling or leasing the Accolo Cloud Recruiting® Platform; or (f) shipping, transferring, exporting or importing the Accolo Platform or any component thereof into any country, or using the Accolo Cloud Recruiting® Platform in any manner prohibited by any export or import control laws , restrictions, or regulations administered by the U.S. Commerce Department’s Bureau of Export Administration, the U.S. Department of Treasury’s Office of Foreign Assets Control, or any other applicable government agency.

3.     Your Responsibilities

First and foremost, you must be 13 years or older to use the site.  If you are younger than 13, please find another site to access with more music, games, and flashing lights!  If you are over 13, in consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, if applicable; (b) maintain and update this information to keep it true, accurate, current and complete; and (c) comply with all applicable regulation in posting any content to the Site, including without limitation regulation pertaining to third party proprietary rights, trade secret rights, copyrights and trademarks. If any information provided by you is in violation of these Terms, Accolo has the right to terminate your account without notice and refuse you all current or future use of the Site. You agree not to resell or transfer the Site or use of or access to the Site. Your registration information, including login information, may not be misleading, infringing, profane, or otherwise inappropriate.  You may not share any login information with anyone, including password information.  Although we reserve the right, to the extent permitted by law, to verify your registration information, Accolo cannot make any representation about the truthfulness, accuracy, current nature or completeness of your registration information; doing so is entirely your responsibility.

4.     Your Intellectual Property

You own all intellectual property rights in the content that you submit to the Site, including the logos and company trademarks that you may submit to the Site as part of your recruiting (collectively the “Posted Content.”)  You hereby grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use your Posted Content in order to make the Site and its features available to other users, subject to the settings you select on the Site when you submit Posted Content and to the terms of this Terms of Use and our Privacy Policy, located at http://www.accolo.com/privacy-policy/  You represent and warrant that you either own, or have all rights and permissions, necessary to submit your posted content, and that you have the authority to bind your company or workplace, if you are submitting Posted Content on their/its behalf, to enter into this Terms of Use.

5.     Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. Unlike the good old days, we will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. You are responsible for providing, at your expense, any access to the Internet and any equipment needed to do so.

6.      Conduct

By using the Site you agree that you will not do any of the following:

Restrict or inhibit any other user from using and enjoying the Site; or Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute criminal or tortuous activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export and import control laws and regulations; or Violate the anti-discrimination provision(s) of the applicable jurisdiction in which an applicant or job is located, including the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract; or

Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Accolo) or engage in spamming or flooding; or

Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or

Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or

Impersonate or attempt to impersonate another user of the Site, or use another’s account or registration information to access the Site, or permit a third party to use your account or registration information; or

Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright or trademark, or other proprietary right or trade secrets, or derivative works of the above, without obtaining express prior permission of the copyright owner or right holder.

Accolo has no obligation to monitor the Site. However, you acknowledge and agree that Accolo has the right to reject, refuse to post, or delete any Site content from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request or legal process, to operate the Service properly, or to protect itself or its subscribers. Accolo will not intentionally disclose any private electronic-mail message unless required by legal process. Accolo reserves the right to monitor the Site’s content at random, and to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms. To report a violation of these Terms, please email wecare@accolo.com.

7.     The Digital Millennium Copyright Act (“DMCA”)

As these Terms make plain, and as the law makes even less plain with more detail, Accolo respects third party intellectual property rights and will respond to claims of copyright or other intellectual property infringement in accordance with the DMCA and other applicable regulations.  Accolo may take any and all action in compliance with the DMCA or other copyright regulation, including removal of user-posted content and termination of access to the Site.

To notify Accolo of an infringement, you must provide a written communication to the attention of wecare@accolo.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the posting user. If you feel that your material does not constitute infringement, you may provide Accolo with a counter notification by written communication sent to wecare@accolo.com that sets forth all of the necessary information required by the DMCA.  See (http://www.copyright.gov/title17/92chap5.html#512) for that information. 

8.     Feedback

We love our users! Accolo may provide you with a mechanism to provide optional feedback, suggestions and ideas about its software and services ("Feedback"). You agree that Accolo may, in its sole discretion, use the Feedback you provide to Accolo in any way, including in future modifications of the Site, multimedia works and/or advertising and promotional materials relating to the Site. You hereby grant Accolo a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner and for any purpose. Who knows – we just might make you famous! If fame isn’t your thing, feel free to decline to provide Feedback at any time.

9.     Fees

Accolo may charge fees for use of the Accolo Cloud Recruiting® Platform, job marketing and use of various third party products or services. Each party entering and managing content within the Service is responsible for that content and compliance with these Terms. Absent an express written agreement to the contrary, fees paid will be non-refundable in the event that the content is removed or your access is terminated from the Site for violating these Terms.

Accolo may from time to time, and in its sole discretion, change, increase, decrease or eliminate the Fees charged for the Service, or any part thereof. Accolo may also institute new charges or fees, or charge a Fee for the Service or any part thereof where a fee was not previously charged. Your continued use of the Service after the effective date of any such change shall constitute your acceptance of such change.

10.     Payment Processing

You hereby authorize Accolo (either directly or through a third party payment processor) to charge all Fees to the credit card, PayPal account or other payment processor ("Payment Account") you provide during registration, at time of purchase or in your Account.  If you use the Service on behalf of a company, by using a corporate credit card or billing instrument, you affirm that you are authorized to use the corporate card or billing instrument for such purposes.  You agree to provide Accolo updated information regarding your Payment Account upon Accolo’s request and any time the information earlier provided is no longer valid.  If you revoke authorization to charge your Payment Account, or if for any reason your Payment Account does not pay Accolo, Accolo may suspend your access to some or all features of the Service.

11.     Third Party Services

In connection with your use of the Site, you may be made aware of services, products, offers and promotions provided by third parties, and not by Accolo. Examples of this would include increasing your job marketing with additional sites where candidates may be found, the engagement of a Hiring Consultant (recruiter) or candidate research services.  If you decide to use any third party services, you are responsible for reviewing and understanding the terms and conditions governing those third party services. You agree that the third party, and not Accolo, is responsible for the performance of those third party services, and that Accolo does not warrant or endorse any third party services you may access via the Site.

12.      Third Party Web Sites

The Site may contain or reference links to Web sites operated by third party, such as those used to market jobs supported through Site ("Third Party Websites"). These links are provided as a convenience to you and are not under the control of Accolo. Accolo is not responsible for the content of any Third Party Website or any link contained in a Third Party Website. Accolo does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Service is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Accolo of any information contained in any Third Party Website. In no event will Accolo be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from those of Accolo. Accolo is not responsible for such provisions, and expressly disclaims any liability for them.

13.     Job Specific Information Within our Cloud Recruiting® Platform

The Accolo method and technology, including scoring methodology and applicant flow information and analysis, are Accolo’s sole property and are subject to the proprietary information sections of these Terms.  Accolo grants client users a limited, terminable, royalty-free, right to access specific recruitment plans, including the job descriptions, online interview questions and aggregated candidate source information within its knowledgebase.  Any job descriptions, online interview questions, question scoring or any other job related information entered by users becomes the property of Accolo as set forth in Section 4 above.

14.     Job Specific Information Used by You

While you can utilize job specific information within Accolo’s knowledgebase as a reference for new or existing jobs, you assume all responsibility for the accuracy, legality, fairness, appropriateness, humor, lack of humor, adherence to government policies and regulations, and any other liability that is related to your job descriptions, interview questions, scoring of interview questions, decisions made on applicants (reject, hold, hire, etc.) and job marketing decisions for each job launched within the Accolo platform.

15.     Applicant Information

User agrees to direct all applicants to apply for the job only through the Accolo/HireMojo platform. Any jobs listed with an alternate non-Accolo/HireMojo application link or method understand that those links will be removed and that the user may be blocked from using Accolo/HireMojo.

Individual applicant information gathered during the process of recruiting for specific jobs will be licensed by the user to Accolo and, if applicable, the hiring company. When applicants enter information, or clients institute searches for candidates, the applicant and/or client, by inputting such information into the Site, is granting to Accolo an unlimited, irrevocable, perpetual, world-wide license to use, modify, distribute, license, analyze, collate, sell, or create derivative works from that information in accordance with the confidentiality provisions specifically elected by the candidate and in accordance with our privacy policy.  By applying for a job, the applicant is expressly authorizing the release of their information to the hiring company and Accolo.  During the period that the user utilizes the Site, the client user will be able to view candidate information using the Accolo web console, and the client and Accolo may, in a separate agreement, agree to optional export services of specific candidate information.  Such separate agreements shall be governed by our privacy policy.

Accolo assumes no responsibility or liability whatsoever for the accuracy or completeness of the Applicant responses to your questions.

16.     Recording Hires

Any organization or hiring authority using the Service agrees to keep track of and record all hires from any source for the jobs managed through the Service by selecting “Hire” in the decision menu.  Hire data may be used by Accolo for statistical purposes in compliance with all applicable regulations regarding privacy and in compliance with Accolo’s privacy policy. Visit http://www.accolo.com/privacy-policy/

17.    Job Applicants

When you apply for a job through the Accolo Service, you agree to provide information that is true, accurate, current, and complete, and to release your personal information to the party responsible for initiating the job support.   As specified by you in your user profile, you may elect to receive or not receive additional communications from Accolo.  You also agree to allow your information to be used for the purpose of statistical analysis as is further detailed in Accolo’s Privacy Policy http://www.accolo.com/privacy-policy/.  Accolo does not monitor or verify the accuracy of any information provided by you or any other job seeker or job poster in conjunction with providing the Service. 

18.     Non-Discrimination and Compliance

Users, employers, and job seekers agree to adhere to all local, state and federal laws pertaining to the recruiting and hiring of employees, including without limitation those in the United States of the Equal Employment Opportunity Commission (EEOC) and, if applicable, Office of Federal Contractor Compliance Programs (OFCCP).  Accolo is not responsible in any way for monitoring any user’s legal compliance, nor does it undertake to enforce any law or regulations pertaining in any way to the recruiting or hiring of employees.  Instead, Accolo acts as a portal for the online distribution of job related information between employees and employees. If notified by a user of a violation of regulations pertaining to the recruiting and hiring of employees, as with any violation of these Terms, Accolo reserves the right to take any action it deems appropriate regarding any user submitted content.  Users should feel free to contact their local government office regarding potential legal violations. 

19.     Privacy

See Accolo’s Privacy Policy at http://www.accolo.com/privacy-policy/ for information and notices concerning Accolo’s collection and use of personal information. Accolo reserves the right to update its Privacy Policy from time to time without notice.  If you have any questions about the Accolo Privacy Policy, please contact Accolo at privacy@accolo.com.

20.     Disclaimer of Warranties

Your use of the Site, including any applets, software, and content contained therein, is entirely at your own risk. THE SERVICE IS PROVIDED "AS IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACCOLO, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SITE AND RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. ACCOLO DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. ACCOLO DOES NOT WARRANT THAT THE SITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. ACCOLO IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.

21.    Limitation of Liability

THE ENTIRE CUMULATIVE LIABILITY OF ACCOLO AND ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS AND EMPLOYEES FOR ALL MATTERS ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITE SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE RELATED SERVICES OR CONTENT PURCHASED FROM ACCOLO, ITS AUTHORIZED RESELLER OR ITS SERVICE PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACCOLO AND ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE,OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ACCOLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ACCOLO AND YOU. IN THE EVENT THAT A JURISDICTION DEEMS THIS LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES TO BE INAPPLICABLE OR UNLAWFUL, THEN ACCOLO’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE RELATED SERVICES OR CONTENT PURCHASED FROM ACCOLO, ITS AUTHORIZED RESELLER OR ITS SERVICE PROVIDER.

22.      Indemnification

You agree to indemnify and hold Accolo and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees harmless from any claim or demand, including without limitation costs, damages, and reasonable legal and accounting fees, made by any third party due to or arising out of content you submit, post or make available through the Service, your use of the Service, your violation of these Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another, including without limitation violation of applicable employment and hiring related regulation, violation of patent, trademark and copyright law, or violation of third party rights pertaining to confidential, proprietary, or trade secret information.  Accolo shall provide reasonable notice to you of any such claim, suit, or proceeding.

23.       Termination and Amendment

You may terminate your use or access to the Site at any time.

Your privilege to use or access the Site may be terminated by Accolo immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Site and agree not to re-register or otherwise make use of the Site. Furthermore, you acknowledge that Accolo reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Site. You understand that Accolo may exercise this right in its sole discretion.

While we hope this happens as infrequently as possible, Accolo reserves the right, in its sole discretion, and at any to change, modify or discontinue, temporarily or permanently, the Site (or any part thereof). Accolo shall not be liable to you or other third party for any such modification, suspension or discontinuance except as expressly provided herein.

Upon termination, Accolo is under no obligation to store, track or provide reporting for your job and  applicant information for the purposes of government compliance and documentation.

In the event you terminate your use or access to the Site, this Terms of Use shall terminate; provided, however, that Sections 1-3 and 20-23 shall survive any termination of this Terms of Use.

24.     Miscellaneous

Except as expressly set forth in these Terms, these Terms and the Privacy Policy are a complete statement of the agreement between you and Accolo, and set forth the entire agreement between you and Accolo with respect to your access and use of the Site. The suppliers, agents, distributors, dealers, and employees of Accolo are not authorized to make modifications to these Terms. Any waiver of the terms herein by Accolo must be in a writing that expressly references the applicable provision(s) of the Terms and that is signed by an authorized officer of Accolo. If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver or any such term or any other term. The Terms will be governed by California law as applied to agreements entered into and to be performed entirely within California, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts of California. Headings are included for convenience only, and shall not be considered in interpreting these Terms. The Terms do not limit any rights that Accolo may have under trade secret, copyright, trademark, patent or other related regulation.

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