SENDVITE TERMS OF SERVICE
PLEASE READ THE FOLLOWING TERMS OF SERVICE (THE "TERMS OF SERVICE" OR THE "AGREEMENT") CAREFULLY; IT IS A BINDING LEGAL AGREEMENT. BY CHECKING THE "I AGREE" BOX, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS OR USE SENDVITE.COM (THE "SITE") OR THE SERVICES AVAILABLE THROUGH THE SITE (THE "SERVICE"), WHICH IS A SERVICE OF SENDVITE, LLC ("SENDVITE"). SENDVITE'S GRANTING YOU PERMISSION TO USE THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.
1. ACCESS TO THE SERVICE
Sendvite is offering the Service solely for use by the person or entity in whose name an account is registered through the Site (the "Subscriber" or "you") and not for the use or benefit of any third party. Sendvite may change, suspend or discontinue the Service at any time, including the availability of any feature, database, or content. Sendvite may also impose limits on certain features of the Service or restrict Subscriber's access to parts or all of the Service without notice or liability. Sendvite reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending Subscriber a notice via e-mail, and you consent to receipt of such notice. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by Subscriber following such notification constitutes Subscriber's acceptance of the terms and conditions of this Agreement as modified. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to this Agreement. You can review the most current version of the Terms of Service at any time at: http://www.sendvite.com/home/terms/.
Sendvite will use reasonable efforts to ensure that the Service is available twenty-four hours a day, seven days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Sendvite to minimize such disruption where it is within Sendvite’s reasonable control. YOU AGREE THAT Sendvite WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SERVICE OR OTHER CONTENT. Sendvite retains the right to create limits on use and storage with respect to the Service in its sole discretion at any time with or without notice.
Subscriber certifies to Sendvite that if Subscriber is an individual (i.e., not an entity) Subscriber is at least 18 years of age. Subscriber also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to use the Service is revoked in such jurisdictions. Sendvite makes no claim that the Service may be lawfully used or that Content (as defined hereafter) may be uploaded or downloaded outside of the United States. Access to Content may not be legal by certain persons or in certain countries. If you use the Service from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction. Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to and use the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. Subscriber shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
2. GENERAL TERMS
When signing up for the Service, you must provide your full legal name, full company name, a valid e-mail address, and any other information requested in order to complete the signup process. When signing up for a paid account, or upgrading a free account to a paid account, you must provide your legal full name, full company name (if applicable), a valid e-mail address, your correct billing information, and any other information requested in order to complete the signup or upgrade process.
In addition the following terms also apply: You must be 18 years or older to use this Service. Accounts registered or automated login attempts by "bots" or other automated methods are not permitted. Your login may only be used by one person – a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. Sendvite cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Subscriber Content (as defined hereafter) posted and activity that occurs through or under your account (even when Subscriber Content is posted by others). Any fraudulent, abusive or authorized activity may be grounds for termination of Subscriber's right to Service or to access the Site and may be grounds for potential liability against Subscriber. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user. Subscriber shall not share his or her password with any other person or entity; violation of this provision will be a material breach of this Agreement and may result in immediate cancellation of the Subscriber's account. Subscriber agrees to notify Sendvite immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber's account or password. Failure to do so shall constitute a material breach of this Agreement, which may result in immediate termination of Subscriber's account.
If you are using a free account you are not permitted to block ads. One person or legal entity may not maintain more than one free account. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws of your jurisdiction (including but not limited to copyright laws). You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Sendvite, or any other Sendvite service.
You may not resell the Service to any third party as a private label or with the inclusion of a mark-up fee. Violation of any of the terms of this Agreement may result in the termination of your account and your access to the Service. While Sendvite prohibits certain conduct and content on the Service, you understand and agree that Sendvite cannot be responsible for the Subscriber Content posted on the Service and you nonetheless may be exposed to such materials, which you may find objectionable. You agree to use the Service at your own risk. Sendvite reserves the right to refuse Service to anyone, or cancel an account, for any reason at any time.
3. SUBSCRIBER CONTENT STORAGE AND RETRIEVAL
The Service may only be used to transmit and store resumes (or CVs), files associated with the process of hiring a candidate (hereinafter referred to as "Candidate"), job descriptions and comments with respect to the foregoing (all of the foregoing referred to herein as "Subscriber Content"). You may not upload advertisements or any other materials that do not fall within the definition of "Subscriber Content" or transmit unsolicited information, materials or data (including, without limitation, "spam" messages).
You understand that the Service can be used for transmission of your Subscriber Content, and that during processing, your Subscriber Content may be transferred unencrypted over the internet, and you consent to such unencrypted transmission.
You must not transmit any worms or viruses or any code of a destructive nature or that attempts to automatically gather information from the screen (screen scraping). You may not use automated systems ("bots") to upload data for multiple Candidates at once. If your bandwidth usage exceeds 350 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Sendvite) of other customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
4. QUALITY OF SERVICE & GENERAL CONDITIONS
Technical support is only available via email. While Sendvite will work to respond to all requests within 24 hours, there is no agreement to respond within a certain period of time.
You understand that Sendvite uses third party vendors (hereinafter referred to as the "Vendors") and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) with respect to any Sendvite customer, employee, member, director, officer or vendor will result in immediate account termination.
5. WARRANTY DISCLAIMER
Subscriber acknowledges that Sendvite has no control over, and no duty to take any action regarding: which Content (as defined hereafter) Subscriber accesses via the Site; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content. Subscriber releases Sendvite from any and all liability for Subscriber having acquired, used, relied on, acted upon (or not acquired) Content obtained or obtainable through the Site. Sendvite makes no representations or warranties concerning any content contained in or accessed through the Site, and Sendvite will not be responsible or liable for the accuracy, completeness, copyright compliance or legality of material or Content contained in or accessed through the Site.
THE SERVICES, CONTENT AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SENDVITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE OR THE SERVICES, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SITE OR SERVICES WILL (A) BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS (E) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (F) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
TO THE FULLEST EXTENT ALLOWED BY LAW, SENDVITE DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE CONTENT, MATERIAL AND/OR SERVICES PROVIDED ON THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT SENDVITE IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; (2) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY CONTENT FROM THE SITE AND (3) DOWNLOADING INFORMATION CONTAINED ON THE SITE; INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM.
THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS RELATING TO IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.
6. LIMITATION OF LIABILITY
You expressly understand and agree that Sendvite and its directors, officers, employees, agents and members shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sendvite has been advised of the possibility of such damages), whether sounding in contract, tort, strict liability, warranty or other legal or equitable theory, resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) for any amounts that exceed the fees paid by you to Sendvite under this Agreement during the six (6) month period prior to the occurrence giving rise to your claim or cause of action against Sendvite; (vi) or any other matter arising out of or relating to the Service or your use thereof (including but not limited to security breaches relating to data stored in connection with the Service). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to Subscriber. The limitations specified in this Section will survive termination or expiration of this Agreement and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
You agree to indemnify and hold harmless Sendvite, its contractors, and licensors, and their respective directors, officers, employees, members, shareholders and agents from and against any and all claims, liabilities, losses, actions, causes of action, demands, costs and expenses, including but not limited to attorneys' fees, arising out of your use of the Service (or any third party using Subscriber's account), your violation of this Agreement, or infringement of any intellectual property or other right of any person or entity in connection with the Service or your use thereof. The terms specified in this Section will survive termination or expiration of this Agreement.
8. MODIFICATION TO SERVICE
Sendvite reserves the right at any time or periodically to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Service, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days' notice from us. Such notice may be provided at any time by posting the changes to the Sendvite Web Site (www.sendvite.com) or the Service itself. Sendvite shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
9. OTHER VENDORS
The Service may contain links to other websites and vendors. Any such links to other web sites do not represent an endorsement, sponsorship, or approval of the material on and/or generally of such website(s). Such other websites are not within the supervision or control of Sendvite or the Site. Unless explicitly otherwise provided, neither Sendvite nor the Site make any representation or warranty whatsoever about any third party site that is linked to the Site, or endorse the products or services offered on such site. Sendvite and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Site or Sendvite, and its directors, officers, employees, agents and members with respect to such sites and third party content.
Sendvite assumes no liability for loss or damage as the result of the incorrect presentation of information, including prices and ratings, on any screen that results in a transaction of any kind, with a vendor found through using the Service.
Sendvite provides no warranty or guarantee that you will receive the same results as shown in the aggregated data presented on job boards or any other rating system found in the Service.
10. PAYMENTS, REFUNDS UPGRADING AND DOWNGRADING
Use of the service is free for 30 days (the "Free Trial Period"). After the Free Trial Period, you will be billed on the last day of the then-current month. If you cancel prior to the processing of your first invoice on the 30th day of the Free Trial Period, you will not be charged.
A valid credit card is required for paying accounts. You are not required to provide a credit card number to sign up
Failure to enter a valid credit card before the Free Trial Period expires will result in a temporary disabling of your account, which you will be made aware of through email. There will be no jobs posted or resumes collected during this time. Sendvite does not accept any liability for loss dues to failure to submit a valid credit card, nor if a credit card on file expires. Sendvite reserves the right to permanently delete, without notice, any account in the Service that maintains a period of inactivity for 180 days.
The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes on the income of Sendvite.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Sendvite shall not be liable for any such loss.
11. CANCELLATION AND TERMINATION
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link (visible after you log in) in the global navigation bar at the top of the screen. This is the only way in which you may cancel your account. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel your Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again, nor will you receive a refund for the unused portion of the month.
Sendvite, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account and your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Sendvite reserves the right to refuse service to anyone for any reason at any time.
12. COPYRIGHT AND CONTENT OWNERSHIP
The Site and its contents are intended solely for the use of Sendvite's Subscribers and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site, including, but not limited to text, data, information, graphics, logos, tools, photographs, images, illustrations, audio, video and animations ("Site Content") are the property of Sendvite and/or third parties and are protected by United States and international copyright laws. All trademarks, service marks, and trade names are proprietary to Sendvite and/or third parties. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. Site Content and Subscriber Content are referred to collectively as "Content."
The Site is protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. Except as explicitly permitted in the next paragraph of this Agreement, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Site Content, software, materials, or Service in whole or in part.
Subscriber may download or copy the Site Content for his, her or its individual use only and not for any other person or entity, and provided that Subscriber maintains all copyright and other notices contained in such Site Content. Subscriber may not make multiple copies of the Site Content or otherwise distribute or transmit such Site Content to any other person or entity.
Subscriber acknowledges and agrees that if Subscriber uses any part of the Service to contribute Subscriber Content, Sendvite will have a non-exclusive, perpetual, worldwide, royalty-free, freely transferable right, under all of Subscriber's intellectual property rights, to copy, cache, publish, display, perform, distribute, translate and store such Subscriber Content and to allow others to do so. Subscriber warrants, represents and agrees Subscriber has the right to grant Sendvite and the Site the rights set forth above. Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner's permission to post it, (c) infringes any intellectual property right of another or on the privacy or publicity rights of another, (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (e) of this sentence. Sendvite reserves the right to remove any Subscriber Content from the Site, suspend or terminate Subscriber's right to use the Service at any time, or pursue any other remedy or relief available to Sendvite and/or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if Sendvite is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.
All resume documents uploaded to your account by you, another user within your account, or an applicant, can be returned to you, within 90 days on disc or DVD for a fee of $100 plus $5 for each disc that must be used to save your content. Sendvite reserves the right to waive or increase this fee at any time in its sole discretion, including on a per-Customer basis. This service is limited to the physicial documents uploaded and does not include any electronic data stored in a database used by the Service, which includes but it not limited to comments on applicants, messages, ratings, profile changes and job descriptions.
Sendvite does not pre-screen Subscriber Content, but Sendvite and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The Site, including but not limited to the look and feel of the Service, is copyright © 2011 Sendvite, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Sendvite, LLC. In cases in which such permission is given, all copyright and "powered by" notices, images and texts ("notices") in rendered pages and outgoing emails must be present. The location of the notice on the page may be altered so long as the notice remains clearly visible.
14. ELECTRONIC DELIVERY POLICY
You agree that we may provide to you required notices, agreements and other information concerning the Service electronically. While refunds will be handled promptly when warranted, by using the Service you also agree that Sendvite is not responsible for valid charges incurred as the result of failed electronic delivery of email messages to the address you provide, either by the fault of Sendvite or another third party.
15. RESOLUTION OF DISPUTES
Any disputes arising out of the use of the Service shall be governed by the laws of Pennsylvania, without regard to any conflict of laws principles, and any proceedings shall solely be brought in the state and federal courts located in Pittsburgh, Pennsylvania. You consent to the exclusive jurisdiction of and venue in such courts. You also acknowledge and agree that the venue provided for herein is the most convenient forum for both you and Sendvite and waive any objection to jurisdiction and/or venue and any objection based on a more convenient forum in any action between you and Sendvite (and/or its officers, directors, employees, members and agents) and/or otherwise in connection with the Service.