terms of use
terms of use

Terms of Use

Effective Date: June 1, 2015

Welcome to HourlyBee.com! HourlyBee.com is a service for job candidates (“Candidates”) and for employers and recruiters (collectively “Employers”) looking for job candidates. This website and service is owned and operated by HourlyBee, Inc. We are a company based in Fremont, California. When we refer to “you or your” we’re talking about you (including, if you are an employer, the entity for whom you work). When we refer to “us, we, our, or HourlyBee,” we’re talking about our website, our services, and our company (including its officers, directors, investors, agents, representatives, and employees). To use HourlyBee you must agree to follow our rules. We call our rules the “HourlyBee Terms of Use and Privacy Policy,” but we usually just call them our “Terms.” Please take time and carefully read through our Terms. If you find any of these Terms confusing, please email us at support@hourlybee.com before using HourlyBee. These Terms are a binding contract. If you use HourlyBee as a Candidate or Employer, then you have agreed to follow all our Terms. We sometimes update these Terms. When that happens we will send you an email telling you about the update. You may also learn about these updates on HourlyBee.com. If you use HourlyBee after we update our Terms, then you agree that the updated Terms will apply to your use and you will be bound by them.

Using HourlyBee

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:
a legal resident of the United States or one of its territories. legally be allowed to work or conduct business in the United States. at least 18 years old.
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 support@hourlybee.com, 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.

To create a Candidate account

You must provide us with:
your first and last name your verified email address your work history your shift availability your phone number

To create an Employer account

You must provide us with:
your first and last name your verified email address your Business address your phone number

HourlyBee Accounts

We know you care about how your personal information is used and shared, and we take your privacy seriously. Please click here to read our PRIVACY POLICY where you will learn about:

What personal information we collect on HourlyBee. What third parties with whom we share your personal information.

The process to review and request changes to your personal information.

By using or accessing HourlyBee, you hereby allow HourlyBee to collect, use, and share your information as described in our PRIVACY POLICY. We use your email address to send you HourlyBee-related notices. Sometimes these notices are required by law. We may also use your email address to send you other messages, such as changes to HourlyBee and special offers. You may opt out of these other email messages by changing your account settings or emailing us at support@hourlybee.com. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services. You may never use another User’s account without permission. You must keep your account password secure. You must notify us immediately of any security breach or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account. You acknowledge that HourlyBee will sometimes be down for maintenance and updates. After these updates you may find new features added or existing features removed. To cancel your account, contact HourlyBee at support@hourlybee.com. If you cancel your account or your account is terminated, all of your HourlyBee account information may be deleted. HourlyBee may permanently or temporarily suspend your HourlyBee account or any HourlyBee feature at any time for any reason.

Employee Materials

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.

Candidate Database

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.

General Terms

HourlyBee Tools HourlyBee may have a number of example forms, templates, and other tools (collectively the “Tools”) to assist you with finding a job or hiring a Candidate. You may only use the Tools as allowed by HourlyBee’s functionality. You understand and agree that the Tools are neither legal advice nor the practice of law and are not guaranteed to be lawful, correct, complete or up-to-date. If you need legal advice for drafting documents, or if your specific need is too complex to be addressed by our Tools, you should consult a licensed attorney in your area. HourlyBee is not intended to create any attorney-client relationship, and your use of HourlyBee does not and will not create an attorney-client relationship between you and HourlyBee. Instead, you are and will be representing yourself in any legal matter you undertake through our Tools. HourlyBee is not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies. User Content Your content, such as photos, videos, and writings, is an important part of HourlyBee. Anything you post, upload, share, store, or otherwise provide through HourlyBee is your “User Submission.” Other users may access some User Submissions. In order to display your User Submissions on HourlyBee, and to allow other users to view or use them, you grant us certain content rights in those User Submissions. When we say you are granting “Content Rights” to your User Submissions, we mean you are granting a license to display, perform, distribute, modify (for technical purposes), and reproduce your content for a specified purpose. If your User Submission includes personal information, then its licenses are subject to our PRIVACY POLICY For User Submission submitted with your mobile device (like an iPhone or iPad), you grant us consent to access your mobile device to retrieve and upload your User Submission. For all User Submissions, you hereby grant HourlyBee Content Rights to your User Submissions for the purpose of operating HourlyBee. This license is described in more detail below. This is a license only – your ownership in User Submissions is not affected. If you store a User Submission in your personal HourlyBee account and don’t share it with any other user (a “Personal User Submission”), then you grant HourlyBee the license granted above, as well as Content Rights to make that Personal User Submission accessible to you. If you share a User Submission with other users (for example, a private message from a Candidate to an Employer ) (a “Limited Audience User Submission”), then you grant HourlyBee the licenses above, as well Content Rights to your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users. Also, you grant the other user Content Rights to access and use that Limited Audience User Submission as permitted by the HourlyBee’s functionality. If you share a User Submission publicly on or to HourlyBee (a “Public User Submission”), then you grant HourlyBee the licenses above, as well as Content Rights for the purpose of making that Public User Submission available to HourlyBee and all HourlyBee users. HourlyBee will try to notify you if it uses your Public User Submission for any reason other than displaying it on HourlyBee. Also, you grant all other HourlyBee Users Content Rights to use that Public User Submission as permitted by HourlyBee’s functionality. You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide. When you delete your HourlyBee account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other Users (if applicable). However, you understand and agree that it may not be possible to completely delete that content from HourlyBee’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users. Finally, you understand and agree that HourlyBee, in performing the required technical steps to provide HourlyBee to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Unauthorized Activities ( You are prohibited from )

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.

Disclaimers and Warranty Disclaimer.You understand and agree that:

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.


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 support@hourlybee.com. 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.