Terms of Use

Last modified: October 30, 2018

Acceptance of the Terms of Use

Welcome and thanks for visiting Betts Recruiting, Inc. (“Betts”, “we” “us” or “our”). When you use the Betts online website application (and any other features, content or applications made available through the website from time to time by Betts) and any other websites or mobile applications under the control of Betts however accessed (the “Website”) or when you register with or otherwise use the Betts recruiting service (collectively, the “Service”), you are agreeing to these terms, so please take a few minutes to review the Terms of Use (the “Terms of Use”) below.

 

Please read the Terms of Use carefully before you start to use the Website or Service. By using the Website or accessing the Service, you accept and agree to be bound and abide by these Terms of Use and any additional terms referenced herein, including our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy and any other referenced agreements or documentation, you must not access or use the Website or the Service.

 

The Website and the Service are offered and available to users who are 18 years of age or older who reside in the United States or any of its territories or possessions. By using the Website or the Service, you represent and warrant that all data provided by you is accurate, current and complete, you are of legal age to form a binding contract with Betts, meet all of the foregoing eligibility requirements and have disclosed all information to Betts as necessary to perform the Service. If you do not meet all of these requirements, you must not access or use the Website or the Service.

 

The Service allows individuals seeking employment opportunities (each, a “Candidate”) to connect with companies seeking to recruit such individuals (each, an “Employer”). We serve as intermediary between Candidates and Employers. Betts is not involved in any contract of employment and is not bound by any contractual agreement arising between Candidates and Employers, whether or not Betts receives some form of remuneration in connection with the transaction. You may, in your sole discretion, accept or reject an interview request. Your interaction with an Employer may result in the Employer extending an offer for employment to you (“Job Offer”). You may, in your sole discretion, accept or reject a Job Offer. We are under no obligation to accept any individual as a Candidate, and may accept or reject any registration in our sole and complete discretion.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website and the Service thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to regularly check this page so you are aware of any changes, as they are binding on you.

Registration

In registering with or otherwise using the Betts recruiting service, you agree to (1) provide true, accurate, current, and complete information about yourself and (2) maintain and promptly update your information to keep it true, accurate, current and complete. You are responsible for all activities that occur under your account whether performed by you or a third party. If you provide any Content (“Content” means any information that you post, transmit, or submit through the Service) that is untrue, inaccurate, not current, or incomplete, or Betts has reasonable grounds to suspect that such Content is untrue, inaccurate, not current, or incomplete, Betts has the right to suspend or terminate your account and refuse any and all current or future use of the Website and/or the Service. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one account. You agree not to create an account or use the Website or the Service if you have been previously removed by Betts, or if you have been previously banned from the Website or the Service.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website and any Service in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the Service, or the entire Website or the Service, to users, including registered users. Furthermore, you agree and acknowledge that Betts is entitled to provide the Service to you through affiliated entities.

 

You are responsible for making all arrangements necessary for you to have access to the Website or the Service, your use of the Website and the Service and for any use of the Website or the Service made using your account. To access the Website and the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or the Service using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Betts, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Betts’ name and all related names, logos, product and service names, designs, and slogans are trademarks of the Betts or its affiliates or licensors. You must not use such marks without the prior written permission of the Betts. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners. These Terms of Use permit you to use the Website and the Service for your personal, non-commercial use only. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the Website is strictly prohibited, unless authorized by Betts. Any use of the Website or the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use.

Prohibited Uses

When using the Website or the Service, we ask you to act reasonably and responsibly with others, within the bounds of decency and in compliance with all these Terms of Use and applicable laws. We may suspend or terminate your access to the Service if you violate, or we suspect that you are violating, any of the Terms of Use or any applicable laws. Your continued access to the Website and use of the Service are contingent on your agreement to act in a proper manner.

 

You agree not to use the Website or the Service: (i) to impersonate or attempt to impersonate Betts, a Betts employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing), (ii) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Service, or which, as determined by us, may harm Betts or users of the Website or the Service or expose them to liability, (iii) in any manner that could disable, overburden, damage, or impair the Website or the Service or interfere with any other party’s use of the Website or the Service, or (iv) to stalk, harass, bully or harm others.

 

You further agree not to (i) use any robot, spider, or other automatic device, process, or means to access the Website or the Service for any purpose, (ii) use any manual process to monitor or copy any of the material on the Website or the Service or for any other unauthorized purpose without our prior written consent, (iii) use any device, software, or routine that interferes with the proper working of the Website or the Service (iv) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, (v) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or the Service, (vi) attack the Website via a denial-of-service attack or a distributed denial-of-service attack, or (vii) otherwise attempt to interfere with the proper working of the Website or the Service.

Links from the Website/Service

If the Website or Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website or Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

The Website, the material on the Website and the Service are provided “as is”. Betts disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Betts does not represent or warrant that the functions contained in the Website or the Service will be uninterrupted or error-free, that the defects will be corrected, or that the Service, the Website or the server that makes the Website available are free of viruses or other harmful components. Betts does not make any warrantees or representations regarding the use of the materials in the Website or the Service in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Betts does not endorse any Candidate, Employer or any Content made available through the Service. You acknowledge that the Service merely assist Candidates in identifying job opportunities that meet their requirements. Betts does not have any responsibility or liability with respect to any transaction, communication or interaction between Candidates and Employers or for results caused by using the Service.

Limitation on Liability

Betts is not liable for (1) any Content posted by Employers or Candidates on the Website or the Service; (2) contracts, contractual obligations, or other obligations that may arise from an employment, contractor, or other relationship between Employer and Candidate; (3) any review of content posted on the Website or the Service; (4) any damages that result through the use of the Service; (5) any negative or critical comments that may be posted by Employer, Candidate, or other third party through the Service; or (6) any of the Third Party service(s) You may be provided pursuant to your use of the Service.

 

We are not required to or under any obligation to review, screen, edit, monitor or remove any content posted on the Website, although we reserve the right to do so, and to take any other action, in Betts’ discretion, with or without notice, to prevent any violation, enforce any provision, or rectify any alleged violations of this Agreement or any applicable law.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BETTS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL BETTS BE LIABLE TO A CANDIDATE, (REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) FOR MORE THAN TWO HUNDRED AND FIFTY DOLLARS ($250.00) AS A RESULT OF THE CANDIDATE’S USE OF THE WEBSITE AND/OR THE SERVICE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Betts, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your Content (b) your use of the Service (c) your violation of any term of these Terms of Use (d) your violation of any third party rights, including privacy rights, (e) your violation of law, or (f) use of any services provided by third party service providers.

Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Each party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against any other party in any way arising from or relating to these Terms of Use, the Website or the Service in any forum other than the US District Court for the Northern District of California or, if such court does not have subject matter jurisdiction, the courts of the State of California located in San Francisco, California. You hereby consent and submit to the personal jurisdiction in the US District Court for the Northern District of California and the courts of the State of California located in San Francisco, California. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Any waiver of any provision of these terms must be in writing signed by an authorized representative of Betts to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as noted herein.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Betts of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Betts to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Assignment

You may not sell, transfer, or assign your rights and/or obligations under these Terms of Use to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms of Use to any other party at our discretion.

Notice

Where Betts requires that you provide an e-mail address, you are responsible for providing Betts with your most current e-mail address. In the event that the last e-mail address you provided to Betts is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Terms of Use, Betts’ dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Betts at the following address: 234 Front Street, 2nd Floor San Francisco CA 94111, ATTN: Legal. Such notice shall be deemed given when received by Betts by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

Entire Agreement

The Terms of Use, our Privacy Policy and any additional agreements you may enter into with Betts concerning the Service constitute the sole and entire agreement between you and Betts regarding the Website and the Service.

Your Comments and Concerns

If you have any questions about the Terms of Use, please contact us at: info@bettsrecruiting.com, (415) 318-7520 or 234 Front Street, 2nd Floor San Francisco CA 94111.