Terms of use
Date of Last Revision: Jan 1st, 2024
HeadxHunt's products and services are provided by HeadxHunt, LLC. These terms and conditions of use ("Terms") govern your use of HeadxHunt's websites, products, and services (collectively, the "Services"), so please read them carefully.
By accessing this website or using the Services, you are agreeing to the Terms, HeadxHunt's Privacy Policy and HeadxHunt's Community Guidelines. If you have any questions, please contact us at [email protected].
1. Using our services
You may use our Services only if you can form a binding contract with HeadxHunt. No use of the Services is permitted by those under the age of majority in their state of residence. In no event is use of the Services permitted by those under the age of 13. If you are using the Services on behalf of any entity, then you are agreeing to the Terms on behalf of that entity.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
Do not use our Services on any mobile device in a way that distracts you and prevents you from obeying traffic or safety laws.
We may release and make available beta products, services, and features (collectively, “Beta Services”) for a limited period of time (the “Beta Test”). Beta Services have not been completely tested, are not ready for commercial release, and may contain bugs, errors, defects, and deficiencies. We reserve the right to withdraw the Beta Services during the Beta Test. We do not guarantee that the Beta Services will be made commercially available or that any commercially available version of the Beta Services will contain the same functionality as the version made available during the Beta Test. TO THE FULLEST EXTENT PERMITTED BY LAW, HeadxHunt AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE BETA SERVICES.
2. Information on the services
Our Services display both HeadxHunt-created content and content that is not created or developed by HeadxHunt (the "Legal Information"). We may review third party-content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But we do not routinely screen third-party content that is published via our Services. This includes the content that our customers post on HeadxHunt, and we cannot guarantee the accuracy, adequacy or quality of any such information, or the qualifications of those posting it.
3. Legal advertising and communications
It is solely the responsibility of recruiters and recruitment firms to ensure that any information or advertisements they post or place on the HeadxHunt website (including without limitation any Legal Information), and any communications they may have with prospective clients through the Services, fully complies with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.
4. Copyright
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with HeadxHunt's legal team.
c/o HeadxHunt Legal Department
2360 22nd Ave, San Francisco, CA 94110
email: [email protected]
5. Disclaimers and acknowledgements regarding use of recruiter information
While HeadxHunt strives to provide—and to allow recruiters to provide—useful information regarding recruitment services, there are some things that we cannot guarantee. You acknowledge that such information consists of third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that legal and other information may be incomplete, may contain inaccuracies, or may be based on opinion. HeadxHunt DOES NOT SCREEN SUCH INFORMATION FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, HeadxHunt AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES OR SOFTWARE. THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS." HeadxHunt ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
6. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HeadxHunt OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF ANY LEGAL MATTER; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR SOFTWARE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES OR SOFTWARE; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF LEGAL INFORMATION.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF HeadxHunt, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES OR SOFTWARE, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION ALSO APPLIES TO PREMIUM SERVICES.
7. User posted content & other interactive services or areas
HeadxHunt includes interactive areas in which you may post content and information, including client and user reviews, questions and answers, comments, photos, and other materials (the "User Content"). You retain all rights in, and are solely responsible for, the User Content you post to HeadxHunt. You are also solely responsible for your use of such interactive features, and use them at your own risk. By using any interactive feature, you agree to comply with the HeadxHunt Community Guidelines. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
When you post User Content to HeadxHunt, you give HeadxHunt and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such content is attached to a profile on the HeadxHunt platform, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
8. Indemnification
You agree to defend, indemnify and hold harmless HeadxHunt, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
9. Modifications
HeadxHunt may revise these Terms from time to time, on a prospective basis, and we will always post the most up-to-date version on our website. If we determine, in our sole discretion, that a modification to these Terms materially affects your rights, we will notify you (by, for example, sending a message to your account email). By using or continuing to use or access the Services after any revisions have come into effect, you agree to be bound by the revised Terms.
10. Mandatory Arbitration and Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. You may send us the details of your concern to [email protected]. However, if HeadxHunt is not able to informally resolve your complaint, you and HeadxHunt agree to individual binding arbitration under JAMS Alternative Dispute resolution (“JAMS”) and the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. The arbitration will be conducted under the JAMS Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes and the arbitrator’s decision will be final except for a limited right of review under the FAA. The following applies to any arbitration proceedings between you and HeadxHunt:
Before moving an unresolved informal dispute into arbitration, you must first send us a Notice of Dispute describing the nature and basis of the claim or dispute and the specific relief sought. This notice may be sent via email to: [email protected].
Any arbitration must be commenced by filing a demand for arbitration with JAMS within ONE (1) YEAR from when it first could be filed. Otherwise, it is permanently barred. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
Whenever feasible, the arbitration will be held telephonically unless the arbitrator finds good cause to hold an in-person hearing instead. You may choose the location of any in-person hearing from either your county of residence; or, if you are a business, the county of your principal place of business; or, HeadxHunt’s principal place of business in San Francisco, CA.
The enforcement of the arbitrator’s award will be controlled by and conducted in conformity with the FAA. Judgment upon any award may be entered in any court holding jurisdiction.
Notwithstanding our agreement to arbitrate disputes as provided above, the following EXCEPTIONS will apply to the resolution of disputes between us:
Small Claims Court. If the claim qualifies, either you or HeadxHunt may bring an action in small claims court in San Francisco, CA. Any small claims court action must be filed within one year from when it first could be filed. Otherwise, the claim is permanently barred.
Injunctive relief. HeadxHunt may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services, or any intellectual property infringement. In these instances, HeadxHunt may seek injunctive relief without first engaging in the informal dispute resolution or arbitration process, as described above in these Terms of Use.
Disputes not Covered by Arbitration. In the event that arbitration is found to be inapplicable or unenforceable for any reason, or if you exercise the option to opt-out of arbitration as provided below, the claim at issue will be brought under judicial proceedings in federal or state courts in San Francisco, CA, and you and HeadxHunt consent to personal jurisdiction and exclusive venue in such courts.
Option to Opt Out of Arbitration. You may opt out of this agreement to arbitrate. If you do so, neither you nor HeadxHunt can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to the arbitration provision in these Terms. To opt out you must send us a clear statement that you want to opt out of arbitration, along with your name, residence or business address, and the email address associated with your account to: [email protected].
NO CLASS ACTIONS: You may only bring individual claims. Under no circumstances are you allowed to bring a claim as a plaintiff or a class member in a class. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceedings where someone acts in a representative capacity are not allowed. Any combining of individual proceedings must have the consent of all parties.
11. Applicable law
The laws of the State of Washington, excluding its conflict of law provisions, will apply to any disputes arising out of or relating to these Terms or the Services.
12. Termination
Notwithstanding any of these Terms, HeadxHunt reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your access to and use of the Services. HeadxHunt reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Services, or any other data.
13. Entire agreement
These Terms constitute the entire agreement between you and HeadxHunt with respect to the subject matter of these Terms, and supersede and replace any prior version of the Terms. These Terms create no third party beneficiary rights.
14. Waiver, severability, and assignment
HeadxHunt's failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable Term or Terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. HeadxHunt may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
15. Questions and contact information
If you have any question regarding the use of the Site, questions or comments about the Site or its contents should contact [email protected].