Hourly.com may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms because they are binding on you.
Users who violate these Terms may have their access and use of the Hourly.com Web Site or Services suspended or terminated, at Hourly.com's discretion.
Acceptable Use of the Site and Services
Hourly.com Provides a Venue
The Site and services are a platform for intended for individuals seeking employment (“Job Seekers”) and for employers or recruiters seeking candidates for employment (“Employers”). Users understand and agree that Hourly.com does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Job Seekers, nor of the integrity, responsibility or any of the actions whatsoever of the Employers. Hourly.com makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Job Seekers or Employers through the Site whether in public, private or offline interactions
Hourly.com is not responsible for the conduct, whether online or offline, of any Users of the Site or Users of the Service. All Users including both Employers and Job Seekers do hereby expressly agree not to hold Hourly.com (or Hourly.com's officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, or employees, or your employer, if you become a Users through your employer, hereinafter "Affiliates") liable for any instruction, advice or services delivered which originated through the Site and Hourly.com and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
The Site is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Site by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 18 years of age you may use the Site only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
The Site and the Services are currently available only to individuals who are legally in the jurisdiction of the United States or the territory of Puerto Rico and are permitted to legally work within the United States.
The Site and the Services are not available to any Users previously removed from the Services by Hourly.com or be a competitor of Hourly.com or using our Services for reasons that are in competition with Hourly.com.
You do not have to register a Users account in order to visit the Site. To access certain features of the Services, such as applying for jobs or posting jobs, you will need to register with Hourly.com and create an account. You may also create an account by logging into the Service either with or without your Facebook account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
Hourly.com may maintain different types of accounts for different types of Users. If you open a Users account on behalf of an Employer, company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf.
You may never use another Users account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Hourly.com immediately of any breach of security or unauthorized use of your account. Hourly.com will not be liable for any losses caused by any unauthorized use of your account.
You may control your Profile and how you interact with the Service by changing your settings. By providing Hourly.com your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services in a manner that sends more request messages to the Hourly.com servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Hourly.com grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available portions of the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
Hourly.com may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in Hourly.com's sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
All aspects of the Services are subject to change or elimination at Hourly.com's sole discretion. Hourly.com reserves the right to interrupt the Services with or without prior notice for any reason or no reason. You agree that Hourly.com will not be liable to you for any interruption of the Services, delay or failure to perform.
You are solely responsible for your interactions with other Hourly.com Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Hourly.com shall have no liability for your interactions with other Users, or for any Users’s action or inaction.
Intellectual Property Rights
The Site, the Hourly.com Materials and all right, title and interest in and to the Site and Hourly.com Materials are the sole property of Hourly.com or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, Hourly.com reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or Hourly.com Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Site; (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 the search engine and search agents available from Hourly.com on such Hourly.com Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Chrome, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the Hourly.com Site, without the express written consent of Hourly.com. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The Hourly.com Materials are not considered to be works for hire and you may duplicate such Hourly.com Materials only for purposes outlined in writing by Hourly.com. "Hourly.com.com," "Hourly.com Score", the Hourly.com design logo and certain other names or logos are service marks or trademarks of Hourly.com, and all related product and service names, design marks and slogans are the service marks or trademarks of Hourly.com. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Hourly.com's trademarks, service marks and copyrights. Any code that Hourly.com creates to generate or display the Content or the pages making up the Site is also protected by Hourly.com's copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or Hourly.com Materials on any authorized copy you make of the Content or Hourly.com Materials. All other product and service marks contained on the Site are the trademarks of their respective owners.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Hourly.com under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Hourly.com does not waive any rights to use similar or related ideas previously known to Hourly.com, or developed by its employees, or obtained from sources other than you.
Some areas of the Site or Services may allow the creation of Users Content, including but not limited to: employment qualifications, job descriptions, feedback, comments, questions, and other information. You are solely responsible for the Users Content that you post, upload, publish, display, link to or otherwise make available on the Service, and you agree that Hourly.com is only acting as a passive conduit for your online distribution and publication of your Users Content. You understand that whether or not such Users Content published, Hourly.com does not guarantee any confidentiality with respect to any Users Content.
You agree not to post Users Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any Users Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined above), rights of publicity and privacy. Hourly.com reserves the right, but is not obligated, to reject and/or remove any Users Content that Hourly.com believes, in its sole discretion, violates these provisions.
Hourly.com takes no responsibility and assumes no liability for any Users Content that you or any other Users or third party posts or sends over the Service. You shall be solely responsible for your own Users Content and the consequences of posting or publishing it. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Users Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. In connection with your Users Content, you affirm, represent and warrant the following:
You are at least 18 years of age and have not been previously removed from the Services, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Your Users Content and Hourly.com's use thereof as contemplated by this Agreement and the Services will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
To the best of your knowledge, all your Users Content and other information that you provide to us is truthful and accurate.
Hourly.com is not responsible for any public display or misuse of your Users Content. You understand and acknowledge that you may be exposed to Users Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that Hourly.com shall not be liable for any damages you allege to incur as a result of such Users Content.
Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants Hourly.com a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer's website in connection with the Services.
Users Content License Grant
You retain all ownership rights of your Users Content. By posting any Users Content on the Services, you expressly grant, and you represent and warrant that you have a right to grant, to Hourly.com a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Users Content and your name, voice, and/or likeness as contained in your Users Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You also hereby grant each Users of the Service a non-exclusive license to access your Users Content through the Service, and to use, reproduce, distribute, display and perform such Users Content as permitted through the functionality of the Services and under this Agreement.
The above licenses granted by you in your Users Content terminate within a commercially reasonable time after you remove or delete your Users Content from the Service. You understand and agree, however, that Hourly.com may retain, but not display, distribute, or perform, server copies of UsersContent that have been removed or deleted. The above licenses granted by you in Users Content for which the Services does not provide you a means to delete or remove are perpetual and irrevocable.
License to Use by Users who are Job Seekers
Hourly.com hereby grants you a limited, terminable, non-exclusive right to access and use the Site and Services only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a copy of the material on the Site solely for your personal, noncommercial use. You agree that you are solely responsible for the Users Content you post or upload to the Site and any consequences arising from such posting. Your use of the Site or Services is a privilege. Hourly.com reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
License to Use by Users who are Employers
Hourly.com hereby grants you a limited, terminable, non-exclusive right to access and use the Hourly.com Software only for your internal business use seeking candidates for employment. This authorizes you to view and download a copy of the material on the Site solely for your personal use directly related to searching for and recruiting job prospects. Hourly.com also grants you a limited, terminable, non-exclusive license to use the Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by Hourly.com to any third party without the express written authorization of Hourly.com. You agree that you are solely responsible for the content of any Users Content you post or upload to the Site and any consequences arising from such posting. Hourly.com reserves the right to suspend or terminate your access and use at any time if Hourly.com determines that you are in breach of this Agreement.
Additional Terms Applicable to Employers
You are responsible for maintaining the confidentiality of your Employer Users account, profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your Hourly.com Site and Service registrations and passwords, whether or not authorized by you. You agree to immediately notify Hourly.com of any unauthorized use of your employer Users account, profile, or passwords.
Employers are solely responsible for their postings on the Hourly.com Site. Hourly.com is not to be considered to be an employer with respect to Your use of the Site and Services, and Hourly.com shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs or interacting with any Job Seekers on Hourly.com.
You understand and acknowledge that if you cancel your Employer Users account or your Employer Users account is terminated, all of your account information from Hourly.com, including but not limited to saved profiles, conversations with Job Seekers, and past or current job postings, will be marked as deleted and may be deleted from Hourly.com's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through Hourly.com's web servers.
In order to protect Hourly.com's Users from commercial advertising or solicitation, Hourly.com reserves the right to restrict the number of e-mails or messages which an employer may send to Users to a number which Hourly.com deems appropriate in its sole discretion.
Job Seeker profiles derived from Users Content may also be made available through the Site. Hourly.com does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may vary significantly from Users Content.
A Job posting may not contain:
any hyperlinks, other than those specifically authorized by Hourly.com;
misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Hourly.com's reasonable discretion;
the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by Hourly.com;
the names of colleges, cities, states, towns or countries that are unrelated to the posting;
inaccurate, false, or misleading information; and
material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
may not use Your Hourly.com job posting to:
post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
post jobs or other advertisements for competitors of Hourly.com or post jobs or other content that contains links to any site competitive with Hourly.com;
sell, promote or advertise products or services;
post any franchise, pyramid scheme, "club Usership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
post any business opportunity that requires an up front or periodic payment or requires recruitment of other Users, sub-distributors or sub-agents;
post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
promote any opportunity that does not represent bona fide employment which is generally indicated by the employer's use of IRS forms W-2 or 1099;
post jobs on any Hourly.com Site for modeling, acting, talent or entertainment agencies or talent scouting positions;
advertise sexual services or seek employees for jobs of a sexual nature;
request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
endorse a particular political party, political agenda, political position or issue;
promote a particular religion;
post jobs located in countries subject to economic sanctions of the United States Government; and
except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) Usership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
Hourly.com reserves the right to remove any job posting or content from Hourly.com, which in the reasonable exercise of Hourly.com's discretion, does not comply with the above Terms, or if any content is posted that Hourly.com believes is not in the best interest of Hourly.com.
If at any time during Your use of the Hourly.com Services, You made a misrepresentation of fact to Hourly.com or otherwise misled Hourly.com in regards to the nature of Your business activities, Hourly.com will have grounds to terminate Your use of the Hourly.com Services.
Job Seeker Database
Use of the Hourly.com Job Seeker Database by Employers
You shall use the Hourly.com Job Seeker Database as provided in this Agreement and in any contract You have with Hourly.com. You shall use the Hourly.com Job Seeker Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from Hourly.com Job Seeker Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from Hourly.com Job Seeker Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share any Hourly.com seat-based license login credentials with any other party.
The Hourly.com Job Seeker Database shall not be used:
for any purpose other than as an Employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
to source candidates or to contact job seekers or resume holders in regards to career fairs or business opportunities prohibited by Section 6.1.
In order to ensure a safe and effective experience for all of our Users, Hourly.com reserves the right to limit the amount of data (including but not limited to profile or resume views) that may be accessed by You in any given time period. These limits may be amended in Hourly.com's sole discretion from time to time.
Payment & Withholding
Users understand that Hourly.com is simply a platform for connecting Job Seekers and Employers. Employer understand and agree that they are responsible for the final payment of any instruction, advice or services delivered, as well as any applicable state and federal reporting withholding and reporting as specified by the United States Department of Labor.
As part of its Site and service, Hourly.com will provide its Users with matched results (“Matches”) in the form of available Jobs and Candidates. Users understand that these results are based on the Users own Profile and Job data and agree that Hourly.com shall not be responsible or liable for the accuracy, usefulness or availability of Hourly.com Matches or any other information transmitted or made available via the Service.
No Endorsements by Hourly.com
Nothing on the Site or Services shall be considered an endorsement, representation or warranty with respect to any Users or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
FAIR CREDIT REPORTING ACT Pursuant to the Fair Credit Reporting Act (the "FCRA"), by this notice Hourly.com, Inc. notifies you that if you choose to participate in our third-party verification service, it may, as part of that service, obtain a consumer report about you from a consumer reporting agency. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports. If you use or access information provided by a third-party verification service offered through the Site, you warrant that you will use such information only for a purpose permitted by the FCRA and that you will comply with any and all applicable obligations of the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm as well as all other applicable consumer reporting laws. If you decide to access, use, or share information provided by a third-party verification service offered through the Site with any other party (either through this Site or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold harmless Hourly.com from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. Hourly.com does not assume and expressly disclaims any liability that may result from the use of information provided by a third-party verification service.
Users may join Hourly.com free of charge. Job Seekers have the option to enroll in an “Enhanced Service” or subscribe to individual “Opt-in Services”. Employers have the option to post jobs for a flat fee (“Single Job Post”) or enroll in a “Premium Service” that allows for multiple jobs posts and job feed services. Users who enroll in these programs agree to pay Hourly.com all set charges and authorize Hourly.com to charge their chosen payment provider for participation in the program. Hourly.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. Any annual subscriptions will be automatically extended for successive renewal periods of the same duration as the original subscription term, at the then-current non-promotional subscription rate. To cancel your subscription, contact Hourly.com Member Care or edit your account settings.
No refunds or credits will be provided for account cancellation requests received after the account has been billed. In the event that Hourly.com suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your account, or for anything else. At Hourly.com's sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Hourly.com
Billing Policies. Hourly.com may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
Privacy and Security
The safety and privacy of Hourly.com's Users are a top priority. Protect your personal information by never providing social security, credit card or bank account numbers to prospective employers.
By using the Site and Services, you are consenting to have your personal data collected, used, transferred to and processed in the United States.
Hourly.com has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Notice & Take Down Procedures
If you believe any materials accessible on or from Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Hourly.com's copyright agent (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, Hourly.com maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site who are repeat infringers.
Hourly.com's agent for copyright issues relating to this Site is as follows:
Legal Department Hourly, LLC 5 Brewster Street, Suite 2 Glen Cove, NY 11542 USA Phone: 646-535-WORK
You agree to defend, indemnify and hold harmless Hourly.com and its subsidiaries, agents, licensors, managers, and other affiliated companies, 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) arising from: (i) your use of and access to the Site or Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your Users Content or any that is submitted via your account; or (vi) any other party's access and use of the Service with your unique Username, password or other appropriate security code.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE 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, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, HOURLY.COM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
HOURLY.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HOURLY.COM SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND HOURLY.COM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOURLY.COM, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL HOURLY.COM BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOURLY.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USERSCONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL HOURLY.COM, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO HOURLY.COM HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HOURLY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United States. Hourly.com makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
Because Users authentication on the Internet is difficult, Hourly.com cannot and does not confirm that each Users is who they claim to be. Because Hourly.com does not and cannot be involved in Users-to-Users dealings or control the behavior of participants on the Site, in the event that you have a dispute with one or more Users, you release Hourly.com from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hourly.com without restriction.
Governing Law. You agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Hourly.com, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and Hourly.com that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Nassau County, New York, unless submitted to arbitration as set forth in the following paragraph.
Arbitration. For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Notification Procedures. Hourly.com 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 Hourly.com in our sole discretion. Hourly.com 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. Hourly.com 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 firstname.lastname@example.org to your email address book to help ensure you receive email notifications from us.
Entire Agreement/Severability. This Agreement, together with any amendments and any documents referenced herein, shall constitute the entire agreement between you and Hourly.com concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Hourly.com's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Amendments to this Agreement and Changes to Site
Hourly.com may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by Hourly.com unless Hourly.com agrees to them in a signed writing specifically including those new or different terms. Hourly.com may change the Site at any time.
Please contact us at email@example.com with any questions regarding this Agreement.
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