Terms and Conditions Last updated: September 26, 2018
Please read these Terms and Conditions (“Terms”) carefully before using the www.huntclub.com website (“Site”) owned and operated by Hunt Club, Inc. (“Hunt Club” and sometimes also referred to as “us”, “we”, or “our”).
Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Site. By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Site.
We collect data and information through our Site intended to provide Services to individuals seeking employment, for employers, their stakeholders or recruiters seeking candidates for employment, and for individuals seeking to become referrers of eligible candidates for employment. Any individual or entity that uses any aspect of the Site is a “User”. The data and information provided by Users along with the Site, its contents, and any updates thereto is collectively, the “Content”. All Users of the Site, including but not limited to influencers, recruiters and employers, are responsible for the information and Content that they post on or through the Site, including its legality, reliability, and appropriateness.
By posting Content on or through the Site, you represent and warrant that the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and that the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
We take no responsibility and assume no liability for Content you or any third party posts on or through the Site. However, by posting Content using the Site you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Site. You agree that this license includes the right for us to make your Content available to other users of the Site, who may also use your Content subject to these Terms.
Monitoring Hunt Club reserves the right to view, monitor and record activity on the Site without notice to or permission from you. We may disclose any Content, records, electronic communications, information, materials or other content of any kind if we believe in good faith that applicable law, regulation or legal process requires it, if such disclosure is necessary or appropriate to operate this Site, or to protect our rights or property or the rights or property of our users and business partners.
In addition, Content found on or through this Site is the property of Hunt Club or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Accounts When you create an account with us, you guarantee that you are at least the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Site or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Services You acknowledge and agree that Hunt Club may provide the Services using third party providers, including subcontractors and consultants. We use LinkedIn, and may use other social media platforms to inform potential candidates about employment opportunities and our Services. Users will always be asked to consent to any Content shared through LinkedIn or any other social media sites.
Nothing within the Site or the Services shall be considered an endorsement, representation or warranty with respect to any User or third party provider, whether in regards to its identity, website, product, services, hiring, experience, employment or recruiting practices, or otherwise.
Communications When creating an Account on our Site, you will be automatically signed up to receive messages through emails, newsletters, marketing or promotional materials and other information we may send. If you wish to “opt-out” of receiving any, or all, of these communications from us, you may use the unsubscribe link or instructions provided in any email we send, or contact us at email@example.com.
Intellectual Property The Site and its original content (including Content provided by users), features and functionality are and will remain the exclusive property of Hunt Club and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Hunt Club.
The look and feel of the Site, proprietary content and software code and other intellectual property associated therewith are owned by Hunt Club and subject to and protected under intellectual property laws. You acknowledge that Hunt Club owns all rights, title, and interest in and to the Site (including all improvements, updates, modifications or enhancements, whether made, created or developed by us) and you agree not to take any actions inconsistent with such ownership interests.
Subject to your compliance with these Terms, we hereby grant you a personal non-exclusive, non-transferrable, revocable, limited license (without the right to sublicense) to access and use the Site, subject to these Terms. We reserve any and all rights not expressly granted to you pursuant to these Terms. The limited rights granted to you to utilize the Site constitute a limited license and is not a sale of any software program or other intellectual property. By using the Site, you agree to not, directly or indirectly, (a) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit Hunt Club in any unauthorized manner, (b) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Site or any part thereof in any form or manner or by any means, (c) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included on the Site, (d) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Site or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), (e) circumvent any functionality that controls access to or otherwise protects the Site, or permit any third party to engage in any of the foregoing. Any attempt to do any of the foregoing is a material breach of these Terms. If you breach these restrictions, you may be subject to prosecution and damages. The proprietary content, information and other materials provided by Hunt Club are protected under intellectual property laws. You acknowledge and agree that Hunt Club (or its licensors) own all right, title and interest in and to information posted on the Site or otherwise provided by Hunt Club (including all intellectual property rights therein or related thereto) and you agree not to take any action inconsistent with such ownership interests.
If you are an employer or a recruiter using the Site, you hereby grant Hunt Club a non-exclusive, worldwide, royalty-free license to display the job description along with any graphics or other information provided, and to hyperlink to the website provided in connection with the Services.
Copyright complaints Hunt Club’s policy is to respond to claims of copyright and other intellectual property infringement. We will promptly investigate notices of alleged infringement and take appropriate action under the Digital Millenium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of a notice of alleged infringement under the DMCA we may remove or disable access to any material claimed to be infringing, including links to material claimed to be infringing.
To provide Hunt Club notice of an infringement, you must provide a written communication to the attention of Hunt Club Legal at firstname.lastname@example.org that sets forth the specific information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that if you materially misrepresent that an activity is infringing upon you copyright, you may be liable for damages such as costs and attorneys’ fees.
Links to Other Web Sites Our Site may contain links to third party web sites or services that are not owned or controlled by Hunt Club. Hunt Club has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Hunt Club shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may email email@example.com requesting your account be deleted, or you may simply discontinue using the Site.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification You agree to defend, indemnify and hold harmless Hunt Club and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Site, by you or any person using your account and password, (b) a breach of these Terms, or (c) Content posted on the Site.
Limitation of Liability In no event shall Hunt Club, nor its officers, directors, shareholders, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Site, (b) any conduct or content of any third party on the Site, (c) any content obtained from the Site, and (d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the limitations set forth in the preceding paragraph may not apply to you. If any are held inapplicable or unenforceable for any reason, then Hunt Club’s maximum liability to you for any non-direct type of damages shall be limited to U.S. $100.00 in the aggregate. In no event shall Hunt Club, officers, directors, shareholders, employees, partners, agents, suppliers, or affiliates, be liable for any direct damages in excess in the aggregate of U.S. $100.00.
If you a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Disclaimer Your use of the Site is at your sole risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Hunt Club its subsidiaries, affiliates, and its licensors do not warrant that (a) the Site will function uninterrupted, secure or available at any particular time or location, (b) any errors or defects will be corrected, (c) the Site is free of viruses or other harmful components, (d) information on the Site is accurate, complete, or current, or e) the results of using the Site will meet your requirements.
Hunt Club is not a referral service and does not recommend or endorse any particular employers or recruiters. Hunt Club acts as an intermediary that provides access to employment opportunities and selected information about potential candidates for employment. We do not offer advice regarding the quality or suitability of any particular job, candidate, employer or recruiter, and no information on this Site should be construed as employment advice. You should obtain any additional information necessary to make an informed decision prior to accepting a position with any employer or recruiter.
You assume all responsibility in connection with choosing an employment opportunity, whether or not you obtained information about such employment opportunity on or through this Site. Hunt Club and its licensors, suppliers and affiliates, and the managers, directors, officers, agents, and representatives of each, assume no (and hereby disclaim all) responsibility or liability of any kind, for any disruption of your employment relationship, services rendered by any employers or recruiters, or for any equal opportunity claims, employment discrimination claims, and other claims that may arise directly or indirectly from any such services.
All Content and any and all materials, including without limitation job postings and resumes and other materials disclosed or provided to Hunt Club on or in connection with this Site are submitted by you without any restrictions or expectation of confidentiality. You hereby assign to us without additional consideration or further obligation, all rights now known or hereafter existing to use, allow others to use, or assign the right to use, the information so provided. You further agree that the Content and information provided to Hunt Club may be used without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, modify, adapt, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Content and other information on the Site or elsewhere by us, our assigns or others we have allowed to use the Content and other information provided. You will not assert any proprietary right or moral right of any kind with respect to any Content or other information given to Hunt Club.
Hunt Club expressly disclaims any and all responsibility and liability with respect to agreements made with recruiters, employers or with other third parties who offer products or services on the Site, and you will look solely to such recruiters, employers and third parties with respect to any and all claims related to such products and services.
Exclusions Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have had between us regarding the Site.
Changes We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Your continued use of the Site after we post any modifications to the Site will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
Contact Us If you have any questions about these Terms, please contact us at firstname.lastname@example.org.