Types of Users
HireMojo has different roles with respect to different types of Users and "you" as used in this agreement will apply to visitors who browse the Service and the HireMojo website, and individuals who access and use the Service on their own individual behalf and/or on behalf of a hiring organization.
Customer, Company, Employer - Users who are employers or organizations seeking to hire people
Applicant, Job Applicant, Candidate – Users who are applying for a job
HireMojo reserves the right to change, modify or otherwise alter these terms. HireMojo agrees to give written notification to Customer of any such modifications per section 6. Electronic Communications. Should any modification or change to these terms be a material one impacting the Customer’s active Subscription Services Agreement, Customer has the right to terminate the Subscription Services Agreement within 30 days of the change and have any prepaid fees prorated and returned to Customer.
1. License and Platform Access
By your acceptance of these terms, HireMojo grants you a limited, non-exclusive, non-assignable, non-transferable license to access and use the Platform. You may not download (other than page caching), or modify any portion of the Platform, except with HireMojo’s express written consent. (In recognition of the twenty-first century, this consent may be in email form.) The license to use the Platform does not include any resale or commercial use of the Platform or its contents unless licensee enters into a separate Dealer contract with Vendor; or any derivative use of this Platform 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 Platform for any commercial purpose. By using the Platform, you warrant to HireMojo that you will not use the Platform, or any of the content obtained from the Platform, for any purpose that is unlawful or prohibited by these Terms. HireMojo 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 Platform. The compilation of the content on the Platform remains HireMojo’s property, and “look” and “feel” of the Platform, including its layout, design, and graphic elements, are also protected by HireMojo’s trademarks, service marks, and copyrights. If you violate any of these Terms, your permission to use the Platform automatically terminates.
2. HireMojo Intellectual Property Rights
The Platform and all right, title and interest in and to the Platform is the sole property HireMojo 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, HireMojo reserves for itself all other rights, title and interest. This means that you may not reproduce, modify, display, sell, or distribute any Platform content or use it in any other way for public or commercial purpose except with HireMojo’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 HireMojo 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 Platform other than generally available third party web browsers (e.g., Chrome, Internet Explorer, Firefox, Safari); (c) aggregating, copying or duplicating in any manner any of Platform’s content; (d) creating license keys for the HireMojo Cloud Recruiting® Platform; (e) copying, transferring, sublicensing, loaning, selling or leasing the HireMojo Cloud Recruiting® Platform; or (f) shipping, transferring, exporting or importing the HireMojo Platform or any component thereof into any country, or using the HireMojo 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 Platform. If you are younger than 13, please find another Platform to access with more music, videos, games, and flashing lights! If you are over 13, in consideration of your use of the Platform, 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 Platform, 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, HireMojo has the right to terminate your account without notice and refuse you all current or future use of the Platform. You agree not to resell or transfer the Platform or use of or access to the Platform. Your registration information, including sign-in information, may not be misleading, infringing, profane, or otherwise inappropriate. You may not share any sign-in information with anyone, including password information. Although we reserve the right, to the extent permitted by law, to verify your registration information, HireMojo 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 send to the Platform, including the logos and company trademarks that you may send to the Platform as part of your recruiting (collectively the “Posted Content.”).
By posting and/or otherwise providing any Posted Content, you expressly grant, and represent and warrant that you have a right to grant, to HireMojo, a royalty-free, sublicensable (including to other users and in the case of job posting content, to Third Parties defined in Section 12 below), transferable, irrevocable, non-exclusive, worldwide license to use, reproduce, adapt, list information regarding, edit, translate, publicly perform, publicly display, and make derivative works of all such Posted Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed. This license continues even if you stop using our Service, and if you are an Employer, you acknowledge and agree that HireMojo has no obligation, and may be unable, to remove your job postings (including any intellectual property contained therein) once they have been (i) distributed to Third Parties, (ii) listed in search engine results, or (iii) incorporated into fixed media displays of HireMojo or Third Parties, and in each case (i) to (iii) above, the license grant from you above will be perpetual and irrevocable for such uses. To the extent your Posted Content is a trademark, trade name, service mark or service name protected by law, the foregoing license also extends to the use by HireMojo to identify you as a Service User as contemplated by the Service.
5. Authorization to Represent the Company
By using the Platform to fill your jobs, you authorize HireMojo to represent your company and its subsidiaries across all job related support efforts, including in each job’s direct sourcing efforts, advertising, marketing, posting, candidate communication and careers page management. For jobs specifically identified as confidential, HireMojo will make best efforts to hide all company specific information.
6. Electronic Communications
When you visit the Platform or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. HireMojo may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by HireMojo in its sole discretion. HireMojo reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. HireMojo is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add @hiremojo.com to your company’s safe sender list and email address book to help ensure you receive email notifications from us. Should there be a upcoming change to the terms of your company's active Subscription Services Agreement, we will contact you directly. 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.
Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
By using the Platform you agree that you will not do any of the following: Restrict or inhibit any other user from using and enjoying the Platform; 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 HireMojo) 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 Platform 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 Platform, or use another’s account or registration information to access the Platform, 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 Platform 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. HireMojo has no obligation to monitor the Platform. However, you acknowledge and agree that HireMojo has the right to reject, refuse to post, or delete any Platform 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. HireMojo will not intentionally disclose any private electronic-mail message unless required by legal process. HireMojo reserves the right to monitor the Platform’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 firstname.lastname@example.org.
8. The Digital Millennium Copyright Act (“DMCA”)
As these Terms make plain, and as the law makes even less plain with more detail, HireMojo 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. HireMojo 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 Platform. To notify HireMojo of an infringement, you must provide a written communication to the attention of email@example.com. that sets forth the information specified by the DMCA (as outlined here). 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 HireMojo with a counter notification by written communication sent to firstname.lastname@example.org. that sets forth all of the necessary information required by the DMCA. See (this link) for that information.
We love our users! HireMojo may provide you with a mechanism to provide optional feedback, suggestions and ideas about its software and services ("Feedback"). You agree that HireMojo may, in its sole discretion, use the Feedback you provide to HireMojo in any way, including in future modifications of the Platform, multimedia works and/or advertising and promotional materials relating to the Platform. You hereby grant HireMojo 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. Please send your feedback to email@example.com.
HireMojo may charge fees for use of the HireMojo 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 Platform for violating these Terms.. A separate optional Subscription Services Agreement (SSA) would contain the specific prices, services and capacities for each company.
11. Payment Processing
You hereby authorize HireMojo (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 HireMojo updated information regarding your Payment Account upon HireMojo’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 HireMojo, HireMojo may suspend your access to some or all features of the Service. If payment is by wire or check, payment is due upon receipt of the invoice. Past due amounts bear interest at the rate of 1.5% per month (or the highest rate allowed by law, whichever is less) beginning from the invoice date until paid in full. Services associated with invoices that are more than 45 days past due are subject to suspension or cancellation at Vendor’s discretion. Vendor may also suspend access to the Vendor’s Hiring Automation Platform if invoices are past due for greater than 45 days.
12. Third Party Services
In connection with your use of the Platform, you may be made aware of services, products, offers and promotions provided by third parties, and not by HireMojo. Examples of this would include increasing your job marketing with additional Platforms 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 HireMojo, is responsible for the performance of those third party services, and that HireMojo does not warrant or endorse any third party services you may access via the Platform.
13. Third Party Web Platforms
The Platform may contain or reference links to Web Platforms operated by third party, such as those used to market jobs supported through Platform ("Third Party Websites"). These links are provided as a convenience to you and are not under the control of HireMojo. HireMojo is not responsible for the content of any Third Party Website or any link contained in a Third Party Website. HireMojo 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 HireMojo of any information contained in any Third Party Website. In no event will HireMojo 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 HireMojo. HireMojo is not responsible for such provisions, and expressly disclaims any liability for them.
14. Job Specific Information Within our Cloud Recruiting® Platform
The HireMojo method and technology, including scoring methodology and applicant flow information and analysis, are HireMojo’s sole property and are subject to the proprietary information sections of these Terms. HireMojo 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 HireMojo as set forth in Section 4 above.
15. Job Specific Information Used by You
While you can utilize job specific information within HireMojo’s knowledge base 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 HireMojo platform.
16. Applicant Information
17. Recording Hires
18. Job Applicants
19. Non-Discrimination and Compliance
Users 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). HireMojo 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, HireMojo acts as a portal for the online distribution of job related information between employers 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, HireMojo reserves the right to take any action it deems appropriate regarding any user supplied content. Users should feel free to contact their local government office regarding potential legal violations.
21. Disclaimer of Warranties
Your use of the Platform, 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, HIREMOJO, 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 PLATFORM AND RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. HIREMOJO DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE PLATFORM, REGARDLESS OF WHO ORIGINATES THAT CONTENT. HIREMOJO DOES NOT WARRANT THAT THE PLATFORM IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. HIREMOJO IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE PLATFORM, 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.
22. Limitation of Liability
THE ENTIRE CUMULATIVE LIABILITY OF HIREMOJO 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 PLATFORM SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE RELATED SERVICES OR CONTENT PURCHASED FROM HIREMOJO, ITS AUTHORIZED RESELLER OR ITS SERVICE PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HIREMOJO 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 HIREMOJO 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 HIREMOJO 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 HIREMOJO’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 HIREMOJO, ITS AUTHORIZED RESELLER OR ITS SERVICE PROVIDER.
You agree to indemnify and hold HireMojo 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 send, 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. HireMojo shall provide reasonable notice to you of any such claim, suit, or proceeding.
24. Termination and Amendment
Except as expressly set forth in Terms are a complete statement of the agreement between you, your company and HireMojo, and set forth the entire agreement between you and HireMojo with respect to your access and use of the Platform. The suppliers, agents, distributors, dealers, and employees of HireMojo are not authorized to make modifications to these Terms. Any waiver of the terms herein by HireMojo must be in a writing that expressly references the applicable provision(s) of the Terms and that is signed by an authorized officer of HireMojo. 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.
This contract is governed by the laws of the State of California. Any controversy, dispute or claim of whatever nature arising out of, in connection with or in relation to the interpretation, performance or breach of this Agreement, including any claim based on contract, tort or statute, shall be resolved at the request of any party to this Agreement through a two-step dispute resolution process administered by Judicial Arbitration & Mediation Services, Inc. The place of arbitration shall be San Francisco, California. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean we’re OK with what you did, or we are giving up any rights that we may have (such as taking action in the future). Contact for inquiries regarding HireMojo Terms: firstname.lastname@example.org
These terms were last updated on September 22, 2017.