HourlyBee is a platform that connects Candidates with Employers. We do not employ Candidates, and it’s entirely up to Employers whether they offer you a job. To use HourlyBee, you must be:
If you are between 16 and 18, you need your parent or guardian’s permission before using HourlyBee. If you do not need this permission because you are an emancipated minor, please contact us at [email protected], and we might be able to sign you up for HourlyBee. If you open an 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 not use HourlyBee if we have previously terminated your account unless expressly authorized by an officer of HourlyBee. You must provide us with truthful and accurate information when registering for or using HourlyBee.
You must provide us with:
You must provide us with:
Employee represents, warrants, and covenants that any materials provided by Employee for use in connection with HourlyBee 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.
You agree that you may only use the [Candidate Database] in accordance with all applicable privacy and data protection laws. You may not disclose or allow the disclosure of any [Candidate Database] content 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 agree to take commercially reasonable physical, technical, and administrative measures to protect [Candidate Database] content from loss, misuse, unauthorized access, disclosure, alteration or destruction. The [Candidate Database] may 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 text, 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).
To source candidates or to contact job seekers or resume holders in regards to prohibited career fairs or business opportunities.
Copying, distributing, or disclosing any part of HourlyBee in any medium, including without limitation by any automated or non-automated "scraping".
Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access HourlyBee in a manner that sends more request messages to the HourlyBee’s servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that HourlyBee grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available portions of HourlyBee 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).
Transmitting spam, chain letters, or other unsolicited email.
Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running HourlyBee.Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure. Uploading invalid data, viruses, worms, or other software agents through HourlyBee.
Collecting or harvesting any personally identifiable information, including account names, from HourlyBee. Using HourlyBee for any commercial solicitation purposes. Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity. Interfering with the proper working of HourlyBee. accessing any content on HourlyBee through any technology or means other than those provided or authorized by HourlyBee.
Bypassing the measures we may use to prevent or restrict access to HourlyBee, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of HourlyBee or the content therein.
HourlyBee has no control over and makes no representations regarding Candidate’s or Employer’s actions or services. HourlyBee (and its licensors or suppliers) makes no representations, nor are we responsible or liable, for any content, suggestions, instructions, or recommendations of services or products found on HourlyBee. HourlyBee IS OFFERED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES FROM HourlyBee (OR OUR LICENSORS AND SUPPLIERS) OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF HourlyBee WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL HourlyBee (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO HourlyBee IN CONNECTION WITH HourlyBee IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Payment You may use HourlyBee free of charge. We will have paid features in the future. If you enroll in these paid features, you agree to pay HourlyBee all fees and authorize HourlyBee to charge your chosen payment method. At any time, HourlyBee is free to change our fees. HourlyBee offers no refunds or credits. If you feel like you should receive a refund because HourlyBee made an error, please contact us at [email protected] HourlyBee will automatically renew subscriptions for an additional term unless you cancel your account before the expiration of your registration date. You are responsible for all taxes associated with your use of HourlyBee.
Fair Credit Reporting Act You may authorize HourlyBee to verify your identity and employment worthiness. HourlyBee uses third-party vendors to verify your identity. We won’t use this information for anything other than operating HourlyBee. There is a federal law called the Fair Credit Reporting Act that requires us to notify you of your responsibilities when it comes to your use of this information. Please read below to learn about these responsibilities: Pursuant to the Fair Credit Reporting Act (the "FCRA"), by this notice HourlyBee 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 HourlyBee, 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 HourlyBee with any other party (either through HourlyBee or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold harmless HourlyBee from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. HourlyBee DOES NOT ASSUME AND EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY RESULT FROM THE USE OF INFORMATION PROVIDED BY A THIRD-PARTY VERIFICATION SERVICE.
Indemnity To the fullest extent allowed by applicable law, you agree to indemnify and hold HourlyBee, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of HourlyBee (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your HourlyBee account, in any way (by operation of law or otherwise) without HourlyBee’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Alameda County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Alameda County, California, or the Central District of California. Any arbitration under these Terms will take place on an individual basis only: class arbitrations and class, collective or representative actions are not permitted. The arbitrator may not consolidate more than one individual or entity’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND HourlyBee ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.
Digital Millennium Copyright Act You may have heard of the Digital Millennium Copyright Act (the “DMCA”). If not, it relates to service providers like HourlyBee being asked to remove content that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete content alleged to be infringing. Also, we may terminate the accounts of repeat alleged infringers. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here [insert link to Copyright Dispute Policy]. To learn more about the DMCA, CLICK HERE. (Link to connect: http://www.copyright.gov/legislation/dmca.pdf)
Miscellaneous If any provision of these Terms is found to be unenforceable or invalid, that section will be minimally limited or eliminated, so that these Terms shall otherwise remain in full force and effect and enforceable. The failure of HourlyBee to enforce these Terms does not mean that HourlyBee has forfeited any right in these Terms. You agree that these Terms replace and cancel all previous written and oral agreements relating to HourlyBee. You agree there are no third-party beneficiaries intended under these Terms. HourlyBee may contain links to services that are not owned or operated by HourlyBee. Nothing on HourlyBee shall be considered an endorsement with respect to any Users or linked service. If you access one of these linked services, you do so at your own risk, and you understand that these Terms do not apply to that linked service. YOU EXPRESSLY RELIEVE HourlyBee FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY LINKED SERVICE.