This document details the terms and conditions of your use of the SmartHires site. Your use of the site constitutes a binding agreement between you and SmartHires covering the manner in which you use the site. If you do not agree with the terms and conditions, you are not authorized to use the site. SmartHires reserves the right to change the terms and conditions at whatever time, and for whatever reasons, it deems appropriate, without notification to you. Any such changes will be posted to this web site and will be effective as of the date of such posting. If SmartHires determines, in its sole opinion, that any user is in violation of these terms of use, it may terminate your access to the site immediately upon SmartHires’s determination and notification e-mailed to you at an address provided.

DESCRIPTION AND USE OF SMARTHIRES SERVICES AND CONTENT

Smart Hires is a global cloud based Pay for Hire Talent Registry for enabling Employers to post job openings and hire from registered job seekers and also students enrolled in educational institutions . Individuals may use this site for exploring career pathways, seeking employment (publicly or confidentially) or to recruit candidates for employment within the parameters established. Smart Hires will be the sole judge of whether this use is within the scope of intended and acceptable use. Job seekers are hereby granted permission to access the site to post information concerning themselves for the purpose of being identified by employers as potential candidates for employment. Individuals are authorized to view the job openings by potential employers for the purpose of submitting information requested on specific Smart Hires application templates or online employment application specific by employer Individual agree that maintaining profile details on “Smart Hires” by itself does not guarantee viewing their profiles or their applications submitted online. Employers are authorized to post information on the site describing job openings for which they are recruiting and attracting prospective applicants who have consented to share their information by choosing the appropriate “Smart Profile Statuses”. These positions may be full-time, part-time, temporary, seasonal, or volunteer to ensure the safety of all users, Employers once registered as an user of Smart Hires agree to post their job openings and view details of potential applicants online or via an email link sent by Smart Hires requiring login credentials of authorized user or receive potential applicants via telephone number identified by employer on each of their job openings. Employers agree to identify statuses of candidates rejected and hired in a timely manner using the ATS or Applicant Tracking system. Employers agree to pay for candidates viewed and hired on Smart Hires. Smart Hires reserves the right to verify employment details from job seekers who have been contacted by employer. Pay for Hire payment terms will be specified in the individual agreement or Master Services agreement for each employer. Employers agree NOT to direct candidates to external websites, and add external website links on their job postings that will require potential candidates to submit information that has been submitted through “Smart Hires” online application. Additional terms of use for their employers with basic designated as “Business” or “Premium” will be defined in each individual contract or Master Services Agreement. Smart Hires Corporation reserves the right to terminate the membership of employers, educational institutions, staffing firms/agencies whose postings and/or use of information provided to them via Smart Hires used in a manner that impacts the safety of all registered users. Educational/training institutions are authorized to use the site to attract potential employers with job opportunities for their students/ alumni and review, maintain a directory of current and alumni, provide references for Students and alumni and forward the references to prospective employers and such other uses as they may reasonably wish, as long as such uses are not in violation of Smart Hires’ conditions of use.

USER PRIVACY

Smart Hires will not sell, give away, or allow access to any user information, without the express authorization of the user, such as a user wishing to apply for a posted position. At that time, all of the information submitted by the user will be forwarded to the potential employer. There is one exception to this rule. Smart Hires may determine that a “fit” or “match” exists between a company/entity searching for an employee and an individual whose “Smart Profile Status” is Public or Confidential, depending on the details of their professional details maintained with then Smart Hires online database. To the extent Smart Hires determines such a “fit” of “match” exists, Smart Hires may forward the job seeker’s data to the potential employer and they may follow up to the extent they deem appropriate. Smart Hires will request via email the consent of individuals who have maintained a “Smart Hires Profile Status” of Confidential before providing profile details to potential employers. If you do NOT want Smart Hires to forward this information, you are required to maintain a status of “Inactive” which will limit access to certain features and functionality as determined by Smart Hires. Failure to maintain appropriate “Smart Hires Profile Status” results in your acceptance of forementioned matching practice.

SITE POSTING RULES AND RESTRICTIONS

Smart Hires does not warrantee that the content of the site is appropriate or legal for access by individuals or entities in certain countries other than the United States of America. It is each individual’s responsibility, before accessing the Smart Hires site, to ensure that such access is in compliance with the laws and regulations of your country of residence.

Entities/individuals posting job information to the site for the purpose of soliciting applicants may not have materials containing, but not limited to, the following:

1. Any information which is in violation of any law or regulation, infringes on any intellectual property right, such as patents, copyrights, trademark, etc., infringes on the privacy of others, or is, in Smart Hires’s sole discretion, obscene, discriminatory, abusive or defamatory.
2. Any links to any website other than your own.
3. Any offer of any position which requires the applicant to pay a fee to apply.
4. Any position which requires the applicant to make a capital investment to obtain the position.
5. Any offer of any item for sale.
6. Any information known to be false or misleading or purports to be from an entity for which you are not qualified to represent.
7. Any solicitation of personal information, such as social security numbers, user passwords, or other means of personal identification other than normally required of job applicants.

Individuals posting information on the site for the purpose of applying for employment may not post, among other information deemed by Smart Hires to be unacceptable, the following:

1. Any information known to be false or misleading.
2. Any information that could be deemed to be an advertisement or solicitation.
3. Any personal information which impersonates any other person.
4. Use the application process to send unsolicited e-mail.
5. Any information which invites contact external to the Smart Hires site and not authorized by Smart Hires explicitly through features/functionality presented online or by contacting our membership services, such as website address.

Smart Hires will not be able to review all postings to the site for compliance with its standards, but will take reasonable care, including random reviews, to ensure that all standards are being met. If you feel that any posting is either questionable or in violation of the terms and conditions of use, please contact Smart Hires at support@smarthires.com or 877-689-6233 Any posted materials found to be in violation of the above will be removed. Any fees paid to Smart Hires to post said information shall NOT be refunded, but will be forfeited.

UNAUTHORIZED USE OF ACCOUNT

You are solely responsible for maintaining the security of your user name and password. Should that be compromised and you discover unauthorized additions, deletions, or changes to your employer account or your application or historical data, notify SmartHires immediately at support@smarthires.com or 877-689-6233. If your data has been compromised multiple times, SmartHires may determine, at its own discretion, that your password security has been intentionally compromised, SmartHires may terminate your access to the site. Any fees paid to SmartHires determined by your membership level to post information shall NOT be refunded, but will be forfeited.

LIMITATION OF SMARTHIRES’ LIABILITY

SmartHires assumes no liability for the materials posted by anyone on the site, the activities, additions or omissions of anyone. You acknowledge that inaccuracies or errors may be contained in the posted information, and that you rely on such information at your own risk. Nothing on the site should be deemed to be SmartHires’s endorsement of any company, entity or individual posting information on the site. SmartHires does not warrant that the information posted on the site will result in an individual obtaining the type of employment desired, nor does SmartHires warrant that the company’s solicitation for potential employees will result in the number or quality of individuals applying for the position.

SmartHires is unable to verify the identity of users of the SmartHires site. In any user to user interface, in which a dispute arises, you agree to hold SmartHires harmless from any claims or damages of every type occurring or in any way connected with any such dispute. We expect that all users will use caution and common sense when dealing with unknown parties over the internet. If you become suspicious of any other user, please contact support@smarthires.com and detail the reasons of your beliefs. 

SmartHires may insert advertising links to third party websites on its site for the purpose of providing information to users that SmartHires, at its sole discretion, feels may be useful to users. SmartHires does not endorse the information on these sites nor does it warrant that any information contained therein is accurate. If you decide to access these sites, you do so at your own risk and with the full knowledge that SmartHires has had no information as to the sites’ contents or construction.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

The SmartHires site is provided without any warranties of any kind, express or implied. We do not warrant that it will operate free from errors or that its site or any site to which you may be directed is free of computer viruses or other harmful data. SmartHires, to the fullest extent permitted by law, disclaims all warranties including but not limited to merchantability, title, not infringing on third parties rights and its fitness for particular purposes. If your use of the SmartHires site results in your need to replace or repair any of your property, SmartHires disclaims any responsibility for these costs. To the extent any liability is determined to exist, regardless of cause of action whether tort, contract breach or otherwise, you agree that SmartHires’s maximum damages will not exceed $100.

AMENDMENTS TO TERMS AND CONDITIONS OF USE

SmartHires may update, revise or amend this document from time to time at its sole discretion. Any changes will be binding on all users at the time they are posted. If for whatever reason you deem the changes not to be acceptable to you, you should no longer use the site.

This Terms and Condition of Use document constitutes a binding contract between you and SmartHires, Corporation. To the extent not separately signed by you, your use of the www.Smarthires.com site constitutes acceptance of all items included herein.