Bullhorn Reach™ User Agreement
This User Agreement sets out the terms and conditions for access to and use of the Bullhorn Reach™ web site and online services (referred to as "Bullhorn Reach"). This is a binding agreement. If you are located in the United States or any other part of the world other than in the United Kingdom, you are contracting with Bullhorn, Inc. If you are located in the United Kingdom, you are contracting with Bullhorn International Ltd. In either case, the company that you are contracting with is referred to as "Bullhorn." Bullhorn Reach is a service that is owned by Bullhorn and its suppliers; the terms "we," "us," or "our" refer to Bullhorn.
By accessing or using Bullhorn Reach or by registering for Bullhorn Reach, you, the User, agree to these legally binding agreement terms and conditions. If you are entering into this User Agreement on behalf of a company or other organization, you represent and warrant that you have the authority to bind your company or organization to this User Agreement. Such company or organization is then the User that is bound by this User Agreement and, in addition, you personally agree to comply with these terms and conditions as a representative of the User. If you do not have the required authority to bind your organization, or do not agree with these terms and conditions, you may not access, use, or register for Bullhorn Reach.
This User Agreement is effective between User and Bullhorn as of the date that User first accesses or uses Bullhorn Reach or registers for use of Bullhorn Reach, whichever is earlier ("Effective Date"). This User Agreement is subject to change by Bullhorn in its discretion at any time. Use of Bullhorn Reach after such changes are implemented constitutes acknowledgment and acceptance of this User Agreement with all changes.
Nature of the Service. Bullhorn Reach is an online social communication and outreach service for business seeking employees and for the recruiting and staffing industry. Bullhorn Reach allows recruiters and companies seeking staff to create, manage, and publish online content about job positions, placements, and other recruitment matters and to track results. Bullhorn also provides tools to help identify job seekers through social media. Bullhorn Reach is provided by and owned by Bullhorn, Inc. More than one version of Bullhorn Reach may be available. You can learn more about Bullhorn Reach and its features and functions, as well as other Bullhorn Reach versions, on the Web at http://www.bullhornreach.com. The unlimited jobs feature may be terminated by Bullhorn at any time and may be subject to caps, controls, changes or restrictions in Bullhorn’s sole discretion.
- Features and Contents of Bullhorn Reach. Bullhorn may change the functionality and contents of Bullhorn Reach at any time in its discretion. Many functions of Bullhorn reach require User registration. This User Agreement applies regardless of whether User is also a customer or user of the Bullhorn Applicant Tracking System and Customer Relationship Management Service ("Bullhorn CRM Service"); however certain functions of Bullhorn Reach may be available only if the User has a license to access the Bullhorn CRM Service.
- Information Required from Users. Users must provide Bullhorn with such contact information as Bullhorn may require, which may include User's legal company name, company registration number, street address, e-mail address, and name and telephone number of an authorized contact person. User agrees to update such information to keep it current at all times. Bullhorn may rely on all information provided to Bullhorn from User or its designated contact person.
- Passwords and Access. User will be responsible for all activities that occur under User's Bullhorn Reach account. User is responsible to maintain the security and confidentiality of all usernames and passwords that it selects for its account. Bullhorn is entitled to treat all communications that are identified by means of such usernames and passwords as authorized by User. User will notify Bullhorn immediately of any unauthorized use of any Bullhorn Reach username or password or account or any other known or suspected breach of security.
- No-Charge Service and Premium Service. As indicated on this web site, certain functionality of Bullhorn Reach, specifically Bullhorn Reach Personal Edition, is available without charge. Other functions or versions, such as enterprise or enhanced value services (collectively "Premium Services") may require payment, which may be based on one-time, subscription, or other payment plans. If User purchases Premium Services, User agrees to pay the applicable fees and charges as they become due plus all related taxes, and to reimburse Bullhorn for all collection costs and interest for any overdue amounts. Premium Services are subject to this User Agreement and any additional applicable Premium Service terms or agreements.
- If you purchase any Premium Services via credit card, you authorize Bullhorn to store your credit card information and automatically and immediately bill your card when charges for your use of the Premium Services are due. Premium Services are billed in advance.
- You can cancel Premium Services at any time by using the account management functionality of Bullhorn Reach.
- If you register to use the Premium Services on a free-trial basis, and you do not cancel the trial before the expiration of the trial period, then, upon the expiration of the trial period, your credit card will be billed for the Premium Services, unless other payment arrangements have been made in advance and confirmed by Bullhorn.
- Unless stated to the contrary, all charges are non-refundable, even if your use of the Premium Services is cancelled before the end of your current billing period.
- In case of any rejection or charge-back to your credit card, Bullhorn may, in its discretion, terminate or suspend your access to Premium Services.
- User Content.
- To use the functionality of Bullhorn Reach, User may post, upload, input or submit materials, information, including text and graphics (collectively "User Content") to Bullhorn Reach. Examples of such User Content are job openings and placements, information in various media related to jobs and job placement, and profile information about the User.
- Bullhorn does not claim ownership of User Content that User provides to Bullhorn Reach (other than Feedback as defined and provided for below). However, by posting or submitting User Content, User grants Bullhorn and its affiliated companies and providers permanent and irrevocable world-wide, royalty free, sub-licensable license and permission to display, post, publish, copy, distribute, store, adapt, encode, create derivatives of, and otherwise use User Content.
- By posting or submitting User Content, User warrants and represents that User owns or otherwise controls all of the required rights to User Content for such use and that the permitted use of User Content by Bullhorn Reach under this User Agreement will not violate any third party rights. User must have received all required permissions and consents, including, without limitation, required permissions for use of any company name, trademark, logo, content, and business information, as applicable.
- Bullhorn reserves the right to remove any User Content at any time.
- Bullhorn is not responsible for any third party use or misuse of Your User Content.
- Social Media Functions; Communications with Users.
- Information obtained by User from social media sites by means of Bullhorn Reach may be viewed by User in Bullhorn Reach, but should not be stored, aggregated, transferred, published or stored outside of Bullhorn Reach without the express consent of the provider of such information (that is, the account owner on the social media site). In addition, such information should not be aggregated, transferred, used, published or stored or in violation of privacy laws and/or any party's reasonable privacy expectations. Customer acknowledges that there is no assurance that such information is accurate, reliable, complete, or up-to-date.
- Proper Content and Use. In using Bullhorn Reach, including its User Content functions and social media tools, User agrees to follow these rules of proper use:
- User will post only information that is appropriate, truthful, for legitimate purposes, and in good taste.
- User will use his or her true identity. User will not provide any false identification or other personal information or create an account for anyone without permission.
- User will not post content or take any action that infringes someone else's rights or otherwise violates the law.
- User will not post any material that is defamatory, false, obscene, indecent, lewd, violent, abusive, threatening, harassing, discriminatory, or in violation of law.
- User will not violate any local, state, federal, national, or international laws, rules or regulations. User will not use send unsolicited commercial email or "spam" to any person and will comply with, the federal CAN SPAM Act of 2003.
- Certain Restrictions.
- While the publicly available information on Bullhorn Reach may be indexed by legitimate search engines as permitted by the functionality of Bullhorn Reach, no other person or entity accessing this site may copy or monitor any information or content on this web site by use of any robot, bot, spider, crawler, extraction tool, or any other device, utility, or process without express written permission from Bullhorn, Inc. User may not utilize Bullhorn Reach or its functionality, information and content in or for any service bureau, electronic service, or online resource without Bullhorn's express prior written consent.
- No person or entity accessing this site may: (i) frame or rebrand the Bullhorn Reach web site or information found on Bullhorn Reach, (ii) circumvent or attempt to circumvent the access, control or security systems of Bullhorn or Bullhorn Reach, or (iii) engage in or attempt to engage in any activity that interferes with a user's access to this web site or the proper operation of this Bullhorn Reach.
- User may use Bullhorn Reach and may use, store, print, and display its information and content only for User's own business use. User may not transfer or provide any third party with access to a Bullhorn Reach account, and User may not charge anyone for access to or for any information on Bullhorn Reach.
- User may not use Bullhorn Reach or any information found on Bullhorn Reach for any uses that are in competition with Bullhorn Reach. User agrees not to reverse engineer Bullhorn Reach. User Agrees not to use or access Bullhorn Reach to: (i) build a competitive product or service, (ii) make or have made a product or service with similar features, functions, text, or graphics, (iii) make derivative works based upon Bullhorn Reach or its content or (iv) copy any features, functions, text, or graphics of Bullhorn Reach.
- Third Party Data and Links. User agrees that Bullhorn is not responsible for User Content or other third party information that may be provided to User through Bullhorn Reach. In addition, Bullhorn Reach may provide, or third parties may provide, links to other World Wide Web or mobile sites or resources, and User agrees that Bullhorn is not responsible for such links or information that may be obtained from such links or information.
- Permitted Access. Some portions of Bullhorn Reach are publicly available, and some functions are solely for the use of its registered Users. User will not defeat or circumvent or attempt to defeat or circumvent any access controls regarding information in Bullhorn Reach or user accounts.
- Feedback; Aggregate Data. User may provide feedback (which may be oral or written) to Bullhorn on the functions, operation, and utility of Bullhorn Reach and is encouraged to provide prompt reports to Bullhorn of any issues, bugs or service errors (collectively "Feedback"). User agrees that Feedback provided by User (including, without limitation, feature suggestions and corrections to problems in Bullhorn Reach and/or documentation) becomes the property of Bullhorn and that Bullhorn may use or exploit the same without any accounting or any payment to User. User will not include in Feedback any third party proprietary or confidential information. Bullhorn is permitted to create aggregated anonymous data based on activities and use of all users, including User. Bullhorn will be the owner of such aggregated anonymous data and may use, copy and may use or publish such data in its discretion.
- Disclaimer. User acknowledges that Bullhorn Reach may not be error-free or uninterrupted in operation. Bullhorn Reach and any data and services provided under this User Agreement are provided to User "AS IS." BULLHORN MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE USE OR PERFORMANCE OF BULLHORN REACH, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. User agrees that Bullhorn is not responsible for any electronic communications or any data which is delayed, lost, altered, intercepted or stored without authorization, including, without limitation, information transmitted via the Internet. Bullhorn makes no representation or warranty regarding any of the results that User may obtain. IN NO EVENT WILL BULLHORN BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM IMPAIRED OR LOST DATA, SOFTWARE OR COMPUTER FAILURE, BREACH OF SECURITY, BUSINESS LOSS, OR ANY OTHER CAUSE. BULLHORN'S MAXIMUM LIABILITY UNDER THIS USER AGREEMENT, THE DEALING OF THE PARTIES HEREUNDER, AND/OR WITH REGARD TO BULLHORN REACH IS LIMITED TO $500. The information provided by or by means of Bullhorn Reach is for information purposes only, and Bullhorn does not warrant or represent its completeness, timeliness or accuracy. Bullhorn may discontinue or make changes in the information, products or services herein at any time without prior notice to User and without any liability to User. User hereby releases Bullhorn, its officers, director, employee and agents from claims, demands and damages (actual and consequential, 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 access to or use of Bullhorn Reach with regard to information supplied by or relating to third parties. If User is a California resident, User waives, to the extent permitted by law, California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND/OR THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND, AS A RESULT, CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Ownership. User acknowledges that Bullhorn Reach, its copyrights, the Bullhorn CRM Service, and Bullhorn trademarks, trade names, and logos (including the Bullhorn and Bullhorn Reach trademarks and logos), and any other relevant intellectual property rights are owned by Bullhorn. User acquires no right to use Bullhorn Reach beyond the term of this User Agreement. Bullhorn is the owner of and reserves all rights to the content appearing on Bullhorn Reach except for User Content or other third party content. User may not use any registered or unregistered trademarks, service marks, copyrighted materials or other proprietary information or intellectual property of Bullhorn appearing on this website without Bullhorn's express prior written permission.
- Ownership. User acknowledges that Bullhorn Reach, its copyrights, the Bullhorn CRM Service, and Bullhorn trademarks, trade names, and logos (including the Bullhorn and Bullhorn Reach trademarks and logos), and any other relevant intellectual property rights are owned by Bullhorn. User acquires no right to use Bullhorn Reach beyond the term of this User Agreement. Bullhorn is the owner of and reserves all rights to the content appearing on Bullhorn Reach except for User Content or other third party content. User may not use any registered or unregistered trademarks, service marks, copyrighted materials or other proprietary information or intellectual property of Bullhorn appearing on this website without Bullhorn's express prior written permission.
- Termination. User may terminate this User Agreement, for any or no reason, at any time, with written notice to Bullhorn or by sending a termination request to email@example.com. This notice will be effective upon Bullhorn processing User's notice. Bullhorn may suspend or terminate User's access to Bullhorn Reach and may terminate this User Agreement if Bullhorn reasonably concludes that User is using Bullhorn Reach in breach of this User Agreement or in violation of law, if Bullhorn deems that User's use of Bullhorn Reach is causing harm to Bullhorn or others, or for any other reason that Bullhorn deems sufficient in its discretion. Upon termination, User will cease all use of or access to Bullhorn Reach unless the parties have otherwise agreed in a binding written agreement. The following provisions will survive termination: Sections 6(b), 6(c), 6(d), and 10 through 20, together with User's accrued obligations.
- Applicable Law and Jurisdiction; Assignment. This User Agreement is subject to the laws of the Commonwealth of Massachusetts, and both parties submit to the exclusive jurisdiction and venue of the state and federal courts located in Boston, Massachusetts USA with regard to matters arising under or related to this User Agreement. Bullhorn may assign this User Agreement in connection with a transfer of business, change of control or sale of line of business transaction and may transfer this User Agreement to an affiliate. User may not assign or transfer this User Agreement or any license to use Bullhorn Reach without the express prior written consent of Bullhorn.
Copyright Claims; Notice and Take Down Procedure; Copyright Agent. If you believe any materials accessible on or from this web site infringes your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Bullhorn'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 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 use of the materials complained of 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.
Bullhorn's agent for copyright issues relating to this web site is as follows:
33-41 Farnsworth St. 5th Floor,
Boston, Ma 02210
User may not assign or transfer this User Agreement or the license contained herein without the express written consent of Bullhorn. Bullhorn may transfer this User Agreement in sale of business, sale of line of business, or change or control transaction or to a third party that assumes the obligations of this User Agreement and may delegate any or all performance. Bullhorn may discharge any of its obligations or permit any of its rights under this User Agreement to be exercised by its affiliates.
Use of Bullhorn Reach is limited to persons who are 18 years or older.
Bullhorn Reach may be subject to export laws and regulations of the United States and other jurisdictions, which User agrees to comply with. User represents that it is not named on any U.S. government denied-party list.
User agrees to defend, indemnify and hold harmless Bullhorn and its officers, directors, employees and agents of and from any third party claim or suit claimed or alleged to relate to, arise from, or result from User's use of, interaction with, or access to Bullhorn Reach including, without limitation, from User' breach of this User Agreement or any User Content, including payment of any related costs, fees, damages and expenses, including, but not limited to, the indemnified parties' reasonable attorneys' fees.
If any provision is held by a court of competent jurisdiction to be contrary to law, such provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect. Bullhorn will not be liable for any loss or delay resulting from any force majeure event, including, but not limited to, acts of God, fire, natural disaster, terrorism, labor stoppage, war or military hostilities. The Agreement does not create any joint venture, partnership, agency, or employment relationship between the parties. The Agreement will be interpreted fairly in accordance with its terms, without any strict construction in favor of or against either party.
In connection with Bullhorn Reach, Bullhorn may communicate with User electronically, including, without limitation, posting notices on Bullhorn Reach web site or sending e-mails. By using Bullhorn Reach, User consents to receiving communications from Bullhorn, and its third party partners and affiliates, in an electronic form and agrees such communications provided to User electronically will satisfy all applicable legal requirements, including that such communications be in writing.
This is the entire agreement of the parties regarding its subject matter except as the parties otherwise expressly agree in writing. User also may be subject to additional terms and conditions that may apply when Users obtains or agrees to purchase certain other services or content. For clarity, this User Agreement is separate from any agreement that User may have with regard to the Bullhorn CRM Service.
Provisions Applicable to a User Registering from the United KingdomThe following provisions apply and, in the event of a conflict, supersede the clauses stated above, if you are using Bullhorn Reach as a resident in the United Kingdom:
Disclaimers. DO NOT RELY ON BULLHORN REACH, ANY INFORMATION THEREIN, OR ITS CONTINUATION. BULLHORN REACH AND ALL INFORMATION AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BULLHORN DOES NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS.
BULLHORN DOES NOT GUARANTEE THAT BULLHORN REACH WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. The operation of Bullhorn Reach may be interrupted due to maintenance, updates, or system, network failures or other reasons. Bullhorn disclaims all liability for damages caused by any such interruption or errors in functioning and for issues with access the Internet, or any other reason.
Bullhorn is not responsible, and makes no representations or warranties for the delivery of any messages (such as postings of any user generated content) sent to or through Bullhorn Reach. In addition, Bullhorn does not warrant or represent that use of the Bullhorn Reach will not infringe third parties' intellectual property rights.
Bullhorn does not verify the identity of the persons using to its services. Bullhorn has no obligation to monitor the use of its services by other users. BULLHORN REACH DISCLAIMS ALL LIABILITY FOR THIRD PARTY MESSAGES, IDENTITY THEFT OR ANY OTHER MISUSE OF IDENTITY OR INFORMATION.
- Liability. Bullhorn does not exclude or limit in any way its liability for fraud or fraudulent misrepresentation or death or personal injury caused by its negligence.
- Right to Cancel. You hereby acknowledge that Bullhorn will commence the provision of Bullhorn Reach Premium Services as soon as payment for Premium Services has been processed. In such circumstances, and because you consent to the commencement of Bullhorn Reach Premium Services at such time, the right to cancel the contract under the Distance Selling Regulations 2000 is not applicable. However, you may terminate this User Agreement at any time as stated above.
- Disclaimers. DO NOT RELY ON BULLHORN REACH, ANY INFORMATION THEREIN, OR ITS CONTINUATION. BULLHORN REACH AND ALL INFORMATION AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BULLHORN DOES NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS.
This User Agreement was last updated on July __ 2011.