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Last Modified: September 30, 2016
This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or its contents.
We reserve the right to withdraw or amend this Website, any contents on the Website, any service or material we provide on the Website and your access to or ability to input information on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website 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 entire Website, to Recruiters and employment candidates.
You are responsible for:
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 this Website or portions of it 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.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, ratings, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, 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.
You must not:
You must not republish any part of the Website or any services or materials available through the Website for any purposes other than those expressly set forth herein.
We charge fees for certain services, such as access to candidate information or ratings. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of fees and charges, which may change from time to time and will update you by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on membership) or new services, and such changes are effective when we post the temporary promotional event or new services on the Website. Unless otherwise stated, all fees are quoted in United States Dollars.
You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents (such as your driver’s license) or an additional identity verification steps.
We reserve the right to close, suspend, or limit access to your account, the Website and/or our services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
The EDIVVY name, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
EDV has a Patent Pending
Additionally, you agree not to:
The Website may contain message boards, chat rooms, personal or employment candidates’ web pages, resumes or profiles, forums, bulletin boards, comment boards, rating options, direct messaging, chat, group messaging, invitations and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, upload, rate, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. Any information that a Recruiter or Candidate provides about a Candidate will be considered a “User Contribution” for the purposes of this Section.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings as a User Entity, company representative or employment candidate.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
If a Recruiter submits candidates to this Website, they represent and warrant that the candidate is not represented by an Agency Recruiter and no fees or commissions will be due upon hiring the candidate. Agency Recruiters are not permitted to use this Website. If a candidate who has an agreement with an Agency Recruiter is placed on this Website, it is the candidate’s responsibility to inform the Recruiter that the candidate is subject to a placement fee and is not appropriate for this Website. A Recruiter who places the candidate on the Website will be responsible for any fees or commissions due to an Agency Recruiter or other person upon hiring the candidate. In no event will EDIVVY be responsible to any Recruiter, Agency Recruiter or other person for any fees or commission due to any Agency Recruiter or other person as a result of hiring the candidate.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We may read all content posted on the Website or download or access, and test (if necessary), all uploaded files, resumes, or other information related to your use of the Website for the purpose of investigating fraud and for risk management and related purposes. However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted nor can we verify the accuracy, completeness or veracity of any such User Contribution. Accordingly, we assume no liability for any User Contribution or for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
If you believe that any User Contributions violate your copyright, please contact www.edivvy.com for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Any comments or feedback you provide to the Company regarding the Website or the Company’s products or services are deemed to be non-confidential. This includes suggestions, ideas, comments or other submissions to the Company, whether through the Website or otherwise. The Company shall be free to use such comments or feedback on an unrestricted basis, without compensation to you. You agree that no comments or feedback submitted by you to the Company will violate the rights of any third parties, including copyright, trademark, patent, privacy or other personal or proprietary rights.
RELIANCE ON INFORMATION POSTED/ALL CONTENT REGARDING CANDIDATES PROVIDED BY OTHERS/EDIVVY IS NOT RESPONSIBLE FOR USE OF CONTENT
THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES OR FOR YOUR USE AS AN EMPLOYMENT CANDIDATE OR RECRUITER, OR OTHER USER. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
THIS WEBSITE INCLUDES CONTENT PROVIDED BY THIRD PARTIES, INCLUDING MATERIALS PROVIDED BY OTHER USERS, RECRUITERS, CANDIDATES, BLOGGERS AND THIRD-PARTY LICENSORS, SYNDICATORS, AGGREGATORS AND/OR REPORTING SERVICES. ALL STATEMENTS AND/OR OPINIONS EXPRESSED IN THESE MATERIALS, AND ALL ARTICLES AND RESPONSES TO QUESTIONS AND OTHER CONTENT, OTHER THAN THE CONTENT PROVIDED BY THE COMPANY, ARE SOLELY THE OPINIONS AND THE RESPONSIBILITY OF THE PERSON OR ENTITY PROVIDING THOSE MATERIALS. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINION OF THE COMPANY. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES. ADDITIONALLY, ANY RATINGS OR FEEDBACK OF AN EMPLOYMENT CANDIDATE ON THE WEBSITE ARE SOLELY THE OPINIONS AND THE RESPONSIBILITY OF THE PERSON OR ENTITY PROVIDING SUCH FEEDBACK OR RATING BASED ON PREVIOUS INTERVIEWS OF THAT EMPLOYMENT CANDIDATE AND DOES NOT REPRESENT THE OPINION OR VIEW OF THE COMPANY. THE COMPANY DOES NOT RECOMMEND OR ENDORSE SUCH EMPLOYMENT CANDIDATE NOR IS THE COMPANY RESPONSIBLE OR LIABLE FOR RELIANCE ON SUCH FEEDBACK OR RATING. IF YOU ARE LOOKING TO HIRE A CANDIDATE, IT IS YOUR RESPONSIBILITY TO INTERVIEW THE CANDIDATE, CONTACT REFERENCES AND CONDUCT BACKGROUND CHECKS ON THE CANDIDATES ON THIS SITE, JUST AS YOU WOULD ANY OTHER PERSON YOU ARE HIRING. THE COMPANY IS NOT RESPONSIBLE UNDER ANY CIRCUMSTANCES IF A CANDIDATE YOU FIND THROUGH THIS WEBSITE IS NOT SUITABLE FOR YOUR COMPANY OR FOR ANY CLAIMS THAT FEES OR COMMISSIONS MAY BE DUE UPON HIRING A CANDIDATE.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
You will have to be current on all of your fees and payments to access the candidate area of the Website. All fees are non-refundable.
You may only link to our homepage with our express written permission. To the extent we authorize such linking, you may only do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If the Website contains links to other sites and resources, material, information, and content provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites, materials, content 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 this Website or to rely on any material, resources or content linked to on the Website by such third parties, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, material or content.
The owner of the Website is based in the Commonwealth of Massachusetts 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.
You understand that we cannot and do not guarantee or warrant that files or contents available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND IN EXCESS OF THE GREATER OF $1,500 OR THE AMOUNT THAT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT AND SERVICE IN THE LAST THREE MONTHS PRIOR TO THE DATE SUCH LIABILITY AROSE, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, ACCESS OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You and the Company agree that you and the Company will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and the Company agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other users.
In the event of a legal notices to the Company, such notice must be in writing or sent by registered or certified mail, postage prepaid, return receipt requested, or by overnight express courier, postage prepaid and addressed to Company at the address Company provides below. In such case, notice will be deemed given three days after the date of mailing. In the event of a legal notice to you, such notice will be sent by electronic mail or mail, at the Company’s sole and absolute discretion, to the email or address you provided the Company during the registration process. Email notices will be deemed given twenty-four (24) hours after email is sent, unless the Company is notified that the email address is invalid or that the email has not been delivered.
This website is operated by EDIVVY LLC located at 1500 District Ave, Burlington, Massachusetts 01803.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org.