1. Acceptance of Terms
By accessing or using our SmartResume® online job talent marketplace (the “Platform”) as an employer or hiring entity (the “Employer”), you agree to be bound by these Terms of Use. If you do not agree, you may not access or use the Platform.
2. Account Registration and Responsibilities
- Employers must register an account to access the Platform's features.
- You agree to provide accurate, current, and complete information during registration and to update such information as needed.
- You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.
3. Permitted Use
- Employers may use the Platform solely for lawful purposes, including posting Talent Profiles, reviewing candidate profiles, and engaging with candidates for employment purposes.
- Any use of the Platform for unauthorized or illegal purposes, including but not limited to discrimination, harassment, or fraudulent activities, is strictly prohibited.
4. Prohibited Activities
Employers shall not:
- Post false or misleading Talent Profiles.
- Solicit or collect personal information from candidates for purposes unrelated to employment.
- Engage in activities that could harm the Platform’s functionality, such as uploading malicious software.
- Access or use the Platform to compete with the service or for any other unauthorized purpose.
5. Talent Profiles and Candidate Communications
- Employers are responsible for the content and accuracy of their Talent Profiles.
- Communications with candidates must remain professional and adhere to applicable employment laws.
6. Compliance with Laws
Employers must comply with all applicable local, state, and federal laws and regulations, including but not limited to employment, anti-discrimination, and data privacy laws.
7. Platform Fees
- Certain features of the Platform may require payment of fees. Employers agree to pay all applicable fees and abide by the Platform’s payment terms.
- Fees are non-refundable unless otherwise specified.
8. Termination and Suspension
- The Platform reserves the right to suspend or terminate an Employer’s account for violations of these Terms of Use or any applicable law.
- Employers may terminate their account at any time by providing written notice to the Platform.
9. Intellectual Property
- The Platform and its content, features, and functionality are owned by the Platform operator, iDatafy LLC, and are protected by intellectual property laws.
- Employers are granted a limited, non-exclusive, non-transferable license to use the Platform solely for its intended purposes.
10. Confidentiality
- Employers must maintain the confidentiality of any proprietary or confidential information obtained through the Platform.
- Candidate data obtained via the Platform must be used solely for employment purposes.
11. Disclaimer of Warranties
The Platform is provided “as is” without warranties of any kind. The Platform does not guarantee:
- The availability or suitability of candidates.
- That the Platform will meet specific Employer requirements or be error-free.
12. Limitation of Liability
The Platform and its operators shall not be liable for any damages arising from:
- The Employer’s use or inability to use the Platform.
- Actions or omissions of candidates.
- Unauthorized access to Employer accounts.
13. Indemnification
Employers agree to indemnify and hold harmless the Platform and its operators from any claims, damages, or expenses arising out of their use of the Platform or violation of these Terms.
14. Modifications to Terms
The Platform reserves the right to update these Terms of Use at any time. Employers will be notified of any material changes, and continued use of the Platform constitutes acceptance of the revised Terms.
15. Governing Law and Dispute Resolution
- These Terms shall be governed by and construed in accordance with the laws of Arkansas.
- Any disputes arising out of these Terms shall be resolved through arbitration in Arkansas, unless otherwise specified.
16. Contact Information
For any questions regarding these Terms of Use, please contact us at help@smartresume.com.
Last Updated: December 20, 2024