TERMS & CONDITIONS

This document contains the basic terms between Amazetal and each user using the Website, including protection of intellectual property, content standards for User Contributions, terms of payment

HomeTerms And Conditions

OUR MISSION

At AmazeTal, our mission is to provide a marketplace for job seekers to find the jobs they love and for employers to find the quality talent.

Terms and conditions for Candidates

Acceptance of the Terms of Service.

Amazetal, Inc. (“Company”, “we” or “us”) maintains the website www.amazetal.com, including any content, functionality and services offered on or through www.amazetal.com (the “Website”).  Through the Website, we seek to connect individual job-seekers (“Candidates”) with (i) experts in the field who may provide advice and feedback directly to Candidates and/or help to vet and evaluate Candidates (“Experts”), and (ii) employers who need assistance with their new talent acquisition (“Employers”).  

If you are accessing the Website as a Candidate, the following terms and conditions (“Terms of Service”) govern your access to and use of the Website, whether as a guest or a registered user.  

Please Note:  If you are accessing the Website as an Expert or an Employer, your access to and use of the Website are not governed by these Terms of Service, but instead are governed by other, separate terms and conditions.  Please refer to our Expert Terms of Service (www.amazetal.com/expert-terms) or our Employer Terms of Service (www.amazetal.com/employer-terms), as applicable, for the terms, conditions and policies that apply to you.  

Please read the Terms of Service carefully before you start to use the Website.  By using the Website, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service.  If you do not want to agree to these Terms of Service, you must not access or use the Website.

This Website is offered and available to users who are residents of one of the fifty United States or the District of Columbia and who are aged 18 and older.  By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Service.

We may revise and update these Terms of Service from time to time in our sole discretion.  Changes are effective immediately when we post them.  Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes.  You must check this page frequently so that you are aware of any changes, and immediately discontinue access or use of the Website if you do not want to agree to the revised Terms of Service.

Acceptance of Privacy Policy

www.amazetal.com/candidate-privacy).  By using the Website, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by our Candidate Privacy Policy.  If you do not want to agree to our Candidate Privacy Policy, you must not provide us any personal information.

Our Website is hosted in the United States and our services are provided from the United States.  It is possible that certain information will be stored on servers in multiple other countries on the "cloud" or other similar distributed hosting platforms.   If you are a user accessing our Website or services from the European Union, Asia or any other region with laws governing personal data collection, use, and disclosure that differ from United States laws, you are expressly and knowingly consenting to the transfer of your personal information to the United States and other jurisdictions as indicated above, and to our use of your personal information in accordance with our Candidate Privacy Policy.

Accessing the Website and Account Security.

We reserve the right to withdraw or amend this Website, and any service or material we provide 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 users, including registered users who have submitted initial applications and have met our minimum qualifications to appear as a Candidate on the Website.

You are responsible for making all arrangements necessary for you to have access to the Website, such as an Internet connection with sufficient download and upload speeds, up-to-date web browser software and computer equipment that meets the minimum specifications required.  To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information.  You must provide information that is correct, current and complete.  You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Candidate Privacy Policy (www.amazetal.com/candidate-privacy), and you consent to all actions we take with respect to your information consistent with our Candidate Privacy Policy.

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 the Website or portions of it using your user name, password or other security information.  If you permit any other person to use your account, you will be responsible for their activities while using the Website.   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 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. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, the continued use of that user name, password or other identifier would be inappropriate.

Intellectual Property Rights.

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, 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.  These Terms of Service permit you to use the Website for your personal, non-commercial use only.  

Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials in the form that they are provided to you via the Website, and your Web browser may store files that are automatically cached for display enhancement purposes.  You must not otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not modify copies of any materials from this Website nor use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.  You must never delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.  You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.  If you wish to make any use of material on the Website other than that set out in this section, please address your request to:  support@amazetal.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title or interest in or to the Website or any content on the Website is being transferred to you, and all rights not expressly granted are reserved by the Company.  Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

Trademarks

The Company name, the term “AMAZETAL,” the star with crossing arrows logo, 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.

Prohibited Uses.

You may use the Website only for lawful purposes and in accordance with these Terms of Service.  You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

To send, receive, upload, download, use or re-use any material that does not comply with the Content Standards set out in these Terms of Service.

To transmit any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity.

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or that may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.  Without limitation, you must not:

Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful or attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

User Contributions.

The Website may contain personal web pages or profiles, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Website.

You must own or control all rights in and to your User Contributions, and all of your User Contributions must comply with the Content Standards set out in these Terms of Service.  Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant the Company and its affiliates and service providers the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose consistent with our Candidate Privacy Policy.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and that you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination.

We have the right to take any actions that we consider to be appropriate to ensure that the Website is operated in an appropriate manner.  We may remove or refuse to post any User Contributions for any or no reason in our sole discretion, and we may take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.  We may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.  We may terminate or suspend your access to all or part of the Website for any reason that we determine to be adequate, including any violation of these Terms of Service.

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 ANY RIGHT TO ASSERT ANY CLAIMS RESULTING FROM ANY SUCH ACTION TAKEN BY THE COMPANY.

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.  Accordingly, we assume no liability 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.

Content Standards.

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:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service or our Candidate Privacy Policy (www.amazetal.com/candidate-privacy).

Be likely to deceive any person.

Promote any illegal activity, or advocate, promote or assist any unlawful act.

Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

Impersonate any person, or misrepresent your identity, your credentials, or your affiliation with any person or organization.

Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement.

If you believe that any User Contributions violate your copyright, please see our Copyright Policy www.amazetal.com/copyright 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.

Reliance on Information Posted.

The information presented on or through the Website is made available solely for general information purposes.  We do not warrant the accuracy, completeness or usefulness of this information, and 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.

The Website may include content provided by third parties, including materials provided by other users, Experts, Employers, 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.

Facilitation Tool Only; Disclaimer of Related Warranties and Liability.

The Website is solely a communications and networking tool that enables connections between Candidates, Experts and Employers.  Except for facilitating connections through the Website, we do not take part in the interactions between Candidates and Experts, or between Candidates and Employers, and we are not responsible for such interactions.  You are solely responsible for such interactions.  We are not a party to any relationship or contract between Candidates and Experts or between Candidates and Employers.  All dealings are solely between the respective parties.  

The Website is not an employment service and the Company does not serve as an employer of any Candidate, Expert or Employer.  No employment relationship is created between you and us under these Terms of Service or otherwise; such relationship is solely one of provider of the Website and consumer of the Website.

The availability of any products or services (e.g., one-on-one consulting services) offered by Experts via the Website does not imply our endorsement of such products or services.  Experts are not employees of the Company, nor are they affiliated with the Company in any way.  We will use good faith efforts to vet and to validate the qualifications of Experts, including by (1) requiring Experts to submit an application, including a brief “interview” video, and (2) engaging in on-going review of Candidate and Employer feedback regarding such Experts.  Beyond such processes, we cannot and do not control, are not responsible for, and make no representations regarding (i) the existence, quality, timing, suitability, reliability, safety or legality of any goods or services advertised or promoted by Experts through the Website, (ii) the truth or accuracy of any advertisements or promotional materials supplied by Experts through the Website, (iii) the skills, talents, experience and/or qualifications of Experts, or (iv) whether any good or service offered by Experts through the Website will meet Candidates’ requirements.  Reviews of Experts are solely the opinions of the Candidates and Employers that post them, and no reviews contain or reflect any opinions or views of the Company.  

The availability of any job postings from Employers on the Website does not imply our endorsement of such Employers or positions.  We cannot and do not control, are not responsible for, and make no representations regarding (i) the existence, quality, timing, suitability, reliability, safety or legality of any job positions posted on the Website, or (ii) whether your participation on the Website (whether at a basic level or through the “Spotlight” program) will result in employment with any particular Employer or with any employer at all.

As noted in and without limiting Section 20 of these Terms of Service, in the event that you have a dispute with one or more Experts or Employers, you hereby agree to release us (and all of our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Changes to the Website.

We may update the content on the 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.

Purchasing Services from Experts.

Except as described below, the Website and the services offered directly by us are presently offered free of charge to registered Candidates.  If you wish to order services from an Expert through the Website (e.g., a one-on-one consulting session), we will ask you to set up a payment account and submit certain payment information to process your purchase(s) (your “Payment Account”).  Once you order and receive services from an Expert, your Payment Account will be debited to cover the cost of the services you ordered; we will bill you directly for the applicable Expert’s fee for each service selected by you, on behalf of the applicable Expert.  In addition to the Expert’s stated fee, we will charge you an administrative processing fee for each service you order at the then-applicable rate posted at the time you make your purchase.  You will be sent an e-mail receipt itemizing all charges each time your Payment Account is charged.  

It is your responsibility and obligation to provide accurate payment information to us and to keep such information current.  By providing payment information to us, you represent and warrant to us that you are authorized to use the payment instrument you provided to us.

ALL PURCHASES ARE FINAL; NO REFUNDS WILL BE PROVIDED FOR SERVICES YOU HAVE ALREADY PAID FOR.  If you dispute any charges by an Expert, you must contact the Expert directly—we are not responsible for and will take no part in such disputes.  If you dispute any administrative processing fees charged by us, you must notify us within 30 days after the date that we charge your Payment Account.

All payments processed via the Website will be encrypted and transmitted securely using Secure Sockets Layer (SSL) technology through a reputable third-party payment processor.  

All administrative processing fees posted on the Website are subject to change from time-to-time in the Company’s sole discretion and without notice.  Your continued use of the Website after a price increase becomes effective constitutes your agreement to pay the increased amount.  Any administrative processing fee charged will be the fee in effect at the time of your purchase, and any price increases will only apply to purchases taking place after such fee changes.  Posted fees do not include taxes and, if applicable, such taxes will be added to your total and summarized on your statement or receipt.

All applicable charges for Expert’s services must be paid through the Website using the payment system that has been provided to you by us.  You are prohibited from attempting in any way to avoid paying any administrative processing fee by making payment outside of or apart from the Website.

Consulting sessions with Experts may take place using video-conference software of the Expert’s choosing, such as SkypeTM or FaceTimeTM.  It is your responsibility to ensure you (1) have in place the Internet connection and computer or mobile device equipment that meets the minimum requirements for such software tools, and (2) comply with the terms of use of such software.  

Spotlight Incentive Payments.

If you elect to participate in our “Spotlight” program, and if you are hired by a participating Employer through such program, then upon receipt by the Company of its commission from the Employer in connection with your hiring, you will be eligible to receive an incentive payment at the then-applicable rate posted online. Additionally, if (1) you are registered as a Candidate on the Website, (2) you refer a new Candidate to the Website, (3) that individual lists you as their referral source at the time such individual registers for the Website, (4) that individual participates in the “Spotlight” program, and (5) that individual is hired by a participating Employer through such program, then upon receipt by the Company of its commission from the Employer in connection with such hiring, you will be eligible to receive an incentive payment at the then-applicable rate posted online.  The incentive payments described in this paragraph are referred to herein as the “Spotlight Incentive Payment.”  

 

Payment of any Spotlight Incentive Payment will be made by check payable to the name you provided when registering for your Candidate Account.  We will notify you by e-mail of your entitlement to the Spotlight Incentive Payment and request you respond with a mailing address to which the check should be sent at that time.  Two attempts will be made to contact you by e-mail within a ten (10) day period.  If you cannot be contacted, if the e-mail or postal mail attempt is consistently returned as undeliverable, or if you decline to accept the Spotlight Incentive Payment, it will result in your disqualification from receiving the Spotlight Incentive Payment, your forfeiture of the Spotlight Incentive Payment, and the retention of such funds by us as our sole property.  We are not responsible and shall not be liable if the Spotlight Incentive Payment is declined or undeliverable.  We are not responsible for any limitations that prevent you from accepting or receiving the Spotlight Incentive Payment; our failure to comply with any provision of this Section 16 due to an act of God, act of domestic terrorism, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities outside of our control (excepting compliance with applicable codes or regulations) or other force majeure events will not be considered a breach of this Section 16.  We, in our sole discretion, reserve the right to disqualify any individual Candidate from receiving a Spotlight Incentive Payment if we find such Candidate is tampering with or deliberately undermining the legitimate operation of this incentive payment program.

 

Please note: A Spotlight Incentive Payment will be paid only upon receipt by the Company of its commission from the Employer.  If the Employer has elected to pay its commission in full in a one-time lump sum payment, the applicable Spotlight Incentive Payment(s) will likewise be paid in full promptly thereafter according to the procedure outlined above.  If, however, the Employer has elected to pay its commission in installments, then the applicable Spotlight Incentive Payment(s) will likewise be paid in installments, pro rata in proportion to the amount of the Employer’s commission that has been paid to date.  Additionally, the applicable rates for any Spotlight Incentive Payment are subject to change from time-to-time in the Company’s sole discretion and without notice.  Your continued use of the Website after a rate decrease becomes effective constitutes your agreement to accept such decreased amount in lieu of amounts posted online at any prior time.  If there is a decrease in the Spotlight Incentive Payment applicable rates, as a courtesy the Company will endeavor to pay out any accrued Spotlight Incentive Payment at whatever higher rate was posted at the time the hired Candidate registered for the “Spotlight” program, but the Company makes no guarantees of payment at any rate other than the applicable rate then effective at the time the Spotlight Incentive Payment accrues and becomes payable (e.g. when the relevant individual is hired and the Employer’s commission payment has been paid to the Company).  The Spotlight Incentive Payment is non-assignable and non-transferrable.  Any applicable federal, state or local taxes in connection with the Spotlight Incentive Payment are your sole responsibility.  

 

Links to Other Sites.

You may create a link from another site that you own to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.  You may not establish a link from any website that is not owned by you and you may not link to any part of the Website other than the homepage.  Any website on which you create a link must comply in all respects with the Content Standards set out in these Terms of Service.  We reserve the right to withdraw linking permission without notice.

If the Website contains links to other sites and resources 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 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 the Website, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites.

If you choose to participate in our “Spotlight” program and participate in additional skills-based assessment or testing, please note that portions of such assessment and testing may require you to access and register for an account with certain websites (such as www.hackerrank.com) operated by third parties not affiliated with the Company.  We have no control over the contents of such websites, and accept no responsibility for them or any loss or damage that may arise from your use of them.  If you decide to access and/or register for an account with such third party websites, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies of such websites.

The Website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the Website, send e-mails or other communications with certain content, or links to certain content, on the Website, or cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.  You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions that we (or such third party sites) provide with respect to such features.  In addition to the limitations on linking set forth above, you may not cause the Website or portions of it to be displayed, or appear to be displayed by framing, deep linking or in-line linking on any other site.

Geographic Restrictions.

The owner of the Website is based in the state of North Carolina in the United States.  We provide the 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.

Disclaimer of Warranties.

We cannot and do not guarantee or warrant that files 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.

Limitation on Liability.

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, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, 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.  THIS DISCLAIMER INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR 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 OR LOSS OF DATA,  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.

Indemnification.

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.

Governing Law and Jurisdiction.

All matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

Any legal suit, action or proceeding arising out of or related to these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States in North Carolina, or the courts of the State of North Carolina, except that we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability.

No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.  If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement.

If you are a Candidate, these Terms of Service, our Copyright Policy, and our Candidate Privacy Policy constitute the sole and entire agreement between you and Amazetal, Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns.

This website is operated by Amazetal, Inc.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy (www.amazetal.com/copyright) in the manner and by the means set forth therein.  

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@amazetal.com.

Terms and conditions for Employers

Acceptance of the Terms of Service

Amazetal, Inc. (“Company”, “we” or “us”) maintains the website www.amazetal.com, including any content, functionality and services offered on or through www.amazetal.com (the “Website”).  Through the Website, we seek to connect individual job-seekers (“Candidates”) with (i) experts in the field who may provide advice and feedback directly to Candidates and/or help to vet and evaluate Candidates (“Experts”), and (ii) employers who need assistance with their new talent acquisition (“Employers”).  

If you are accessing the Website as an Employer, the following terms and conditions (“Terms of Service”) govern your access to and use of the Website, whether as a guest or a registered user.  

Please Note:  If you are accessing the Website as an Expert or a Candidate, your access to and use of the Website are not governed by these Terms of Service, but instead are governed by other, separate terms and conditions.  Please refer to our Expert Terms of Service (www.amazetal.com/expert-terms) or our Candidate Terms of Service (www.amazetal.com/candidate-terms), as applicable, for the terms, conditions and policies that apply to you.  

Please read these Terms of Service carefully before you start to use the Website.  By accessing, using and/or registering for the Website (including, if applicable, clicking to accept or agree to these Terms of Service if and when that option is made available to you), (A) if you are entering into this agreement in your individual capacity, you acknowledge that you have read and understand this agreement, you represent that you are 18 years of age or older/have legal capacity to enter into a binding agreement, and you accept this agreement and agree that you are legally bound by its terms, and (B) if you are entering into this agreement as a representative of an entity, you represent and warranty that you have the right and authority to bind such entity to this agreement and such agreement is a legally binding agreement of such entity enforceable in accordance with its terms.  If you do not want to agree to these Terms of Service, you must not access, use or register for the Website.

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion.  Changes are effective immediately when we post them.  Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes.  You must check this page frequently so that you are aware of any changes, and immediately discontinue access or use of the Website if you do not want to agree to the revised Terms of Service.

Acceptance of Privacy Policy; Protection of Candidates’ Privacy

All information we collect from Employers on the Website is subject to our Employer Privacy Policy (www.amazetal.com/employer-privacy).  By using the Website, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by our Employer Privacy Policy.  If you do not want to agree to our Employer Privacy Policy, you must not provide us any personal information.

Our Website is hosted in the United States and our services are provided from the United States.  It is possible that certain information will be stored on servers in multiple other countries on the "cloud" or other similar distributed hosting platforms.   If you are a user accessing our Website or services from the European Union, Asia or any other region with laws governing personal data collection, use, and disclosure that differ from United States laws, you are expressly and knowingly consenting to the transfer of your personal information to the United States and other jurisdictions as indicated above, and to our use of your personal information in accordance with our Employer Privacy Policy.

By interacting with Candidates through the Website, you may come into possession of certain nonpublic information collected from Candidates or Experts (either actively or passively), including, without limitation, Personal Information (as defined in the Candidate Privacy Policy – www.amazetal.com/candidate-privacy and Expert Privacy Policy – www.amazetal.com/expert-privacy), contact information, and information about the Candidates’ or Experts’ online behavior (collectively, “Users’ Information”).  You agree (i) to use commercially reasonable measures to protect the privacy and security of Users’ Information as appropriate for the type of information at issue, including heightened protection for Personal Information, and (ii) not to use or disclose Users’ Information in any way inconsistent with our Candidate Privacy Policy or Expert Privacy Policy.  Specifically, you agree you will not (x) use Users’ Information to communicate to Candidates or Experts promotional or advertising material or similar solicitations (except for promotional materials or solicitations directly related to your employment recruiting efforts via the Website), or (y) sell, lease or otherwise disclose Users’ Information to other third parties without the applicable Candidate’s or Expert’s authorization.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide 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 users, including registered users who have submitted initial applications and have met our minimum qualifications to appear as a Candidate on the Website.

You are responsible for making all arrangements necessary for you to have access to the Website, such as an Internet connection with sufficient download and upload speeds, up-to-date web browser software and computer equipment that meets the minimum specifications required.  To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information for completion of your Employer profile.  You must provide information that is correct, current and complete.  You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Employer Privacy Policy (www.amazetal.com/employer-privacy), and you consent to all actions we take with respect to your information consistent with our Employer Privacy Policy.

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.  If you are an individual, you acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information.  If you are a representative of an entity, you acknowledge that such accounts as are provided for your entity’s use are to be restricted solely to authorized officers, employees, consultants, or service providers of your entity and agree not to provide any other person with access to the Website or portions of it using the user names, passwords, or other security information connected with such accounts.  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 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. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, the continued use of that user name, password or other identifier would be inappropriate.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, 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.  These Terms of Service permit you to use the Website for your internal business/recruiting use only and not for the sale or advertisement of any product or service.  

Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials in the form that they are provided to you via the Website, and your Web browser may store files that are automatically cached for display enhancement purposes.  You must not otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not modify copies of any materials from this Website nor use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.  You must never delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.  If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@amazetal.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title or interest in or to the Website or any content on the Website is being transferred to you, and all rights not expressly granted are reserved by the Company.  Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

Trademarks

The Company name, the term “AMAZETAL,” the star with crossing arrows logo, 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.

We acknowledge that the names, logos, product and service names, designs and slogans of any Employer are the trademarks of such Employer or of its respective affiliates or licensors.  Each Employer grants to us a limited, non-exclusive, non-transferable and royalty-free license to (i) use, copy, display and distribute such Employer’s trademarks in any way that is expressly or impliedly authorized or directed by such Employer in connection with such Employer’s use of the Website, for the purpose of providing the Website, and (ii) use, copy, display and distribute such Employer’s company name and/or logo in the Company’s marketing or promotional materials (including, but not limited to, on the Website) for the limited purpose of listing such Employer as among the Employers participating on the Website.  Such license grant shall also extend to any service providers that we determine, in our sole discretion, are necessary to assist in providing the Website.  We and our service providers shall not otherwise use an Employer’s trademarks without the prior written permission of such Employer.

We will not use an Employer’s trademarks in any way that will reflect negatively on the Employer or on the goodwill associated with the Employer’s trademarks or will otherwise dilute the value of the Employer’s trademarks. We will only use the same style and appearance of any Employer trademarks as used by their owner, and will not alter the trademarks in any way without the prior written consent of the owner.

If either party determines in its sole discretion that the other is using its trademarks in any manner that is not in accordance with this Section of these Terms of Service, that party may notify the other party of the problem in writing.  Upon such notice, the party that has been notified must promptly make any changes required to remedy the problem, and must discontinue the use of the trademarks until the problem is corrected to the satisfaction of the party giving notice.  In the event that the party that has been notified fails to remedy the problem to the satisfaction of the party giving notice within fifteen (15) days, the party giving notice may immediately terminate these Terms of Service in accordance with Section 16 below.  

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Service.  You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries, any laws regarding employment discrimination, and any federal or state wage and hour regulations).

To send, receive, upload, download, use or re-use any material that does not comply with the Content Standards set out in these Terms of Service.

To transmit any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation (except for promotional materials or solicitations directly related to your employment recruiting efforts).

To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity.

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or that may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.  Without limitation, you must not:

Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful or attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

User Contributions

The Website may contain Employer-specific web pages or profiles, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Website.

You must own or control all rights in and to your User Contributions, and all of your User Contributions must comply with the Content Standards set out in these Terms of Service.  Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant the Company and its affiliates and service providers the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for the sole purpose of providing the Website.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and that you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to take any actions that we consider to be appropriate to ensure that the Website is operated in an appropriate manner.  We may remove or refuse to post any User Contributions for any or no reason in our sole discretion, and we may take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.  We may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.  We may terminate or suspend your access to all or part of the Website for any reason that we determine to be adequate, including any violation of these Terms of Service, in accordance with Section 16 below.

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 ANY RIGHT TO ASSERT ANY CLAIMS RESULTING FROM ANY SUCH ACTION TAKEN BY THE COMPANY.

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.  Accordingly, we assume no liability 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.

Content Standards

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:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service, our Employer Privacy Policy (www.amazetal.com/employer-privacy) or our Candidate Privacy Policy (www.amazetal.com/candidate-privacy).

Be likely to deceive any person.

Promote any illegal activity, or advocate, promote or assist any unlawful act.

Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

Impersonate any person, or misrepresent your identity, your credentials, or your affiliation with any person or organization.

Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising (other than promotional materials or solicitations directly related to your employment recruiting efforts).

Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy (www.amazetal.com/copyright) 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.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes.  We do not warrant the accuracy, completeness or usefulness of this information, and 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.

The Website may include content provided by third parties, including materials provided by other users, Experts, 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.

Facilitation Tool Only; Employer’s Compliance with Employment Laws; Disclaimer of Related Warranties and Liability

The Website is solely a communications and networking tool that enables connections between Candidates, Experts and Employers.  Except for facilitating connections through the Website, we do not take part in the interactions between Candidates and Employers, or between Experts and Employers, and we are not responsible for such interactions.  You are solely responsible for such interactions.  We are not a party to any relationship or contract between Candidates and Employers or between Experts and Employers.  All dealings are solely between the respective parties.  

The availability of any products or services (e.g., one-on-one consulting services) offered by Experts via the Website does not imply our endorsement of such products or services.  Experts are not employees of the Company, nor are they affiliated with the Company in any way.  We will use good faith efforts to vet and to validate the qualifications of Experts, including by (1) requiring Experts to submit an application, including a brief “interview” video, and (2) engaging in on-going review of Candidate and Employer feedback regarding such Experts.  Beyond such processes, we cannot and do not control, are not responsible for, and make no representations regarding (i) the existence, quality, timing, suitability, reliability, safety or legality of any goods or services advertised or promoted by Experts through the Website, (ii) the truth or accuracy of any advertisements or promotional materials supplied by Experts through the Website, (iii) the skills, talents, experience and/or qualifications of Experts, or (iv) whether any feedback offered by Experts through the Website about particular Candidates is reliable or accurate or will meet Employers’ requirements.  Reviews of Experts are solely the opinions of the Candidates and Employers that post them, and no reviews contain or reflect any opinions or views of the Company.  

The availability of any applications or job posting materials from Candidates on the Website does not imply our endorsement of such Candidates in general or for any specific job position.  We will use good faith efforts to vet and to validate the qualifications of Candidates, including by (1) screening Candidates at the initial registration stage using the Company’s proprietary algorithm, (2) allowing (and, in the case of “Spotlight” participants, requiring) Experts to interview and review the qualifications of Candidates, and (3) in the case of “Spotlight” participants, requiring such Candidates to participate in additional skills-based testing and evaluation.  Beyond such processes, which we do NOT guarantee or warrant as accurate or reliable tools for vetting job candidates, we cannot and do not control, are not responsible for, and make no representations regarding (i) the existence, quality, timing, suitability, reliability, eligibility, safety or legality of any Candidate, Candidate information, or the employment by you of any Candidate posted on the Website, or (ii) whether your participation on the Website (whether at a basic level or through the “Spotlight” program) will result in filling any particular position with satisfactory employees or service providers.

Candidates are not employees of the Company, nor are they affiliated with the Company in any way.  Employment of an individual in the United States is subject to the employer’s compliance with various federal, state and local laws and regulations, including (without limitation) tax laws and regulations, laws and regulations relating to an employee’s / service provider’s immigration status, laws and regulations relating to employment discrimination and civil rights, and laws and regulations relating to wages, hours and labor rights.  As the Employer, it is your responsibility to ensure that your employment of any Candidate (or engagement of any Candidate as a service provider) is in compliance with all applicable federal, state and local employment laws and regulations.  We do NOT guarantee, are not responsible for, and make no representations regarding whether or not employment or engagement of any particular Candidate by any particular Employer would be in compliance with such laws and regulations.  We are NOT responsible for (and you are responsible for) any applicable employment taxes, employer tax withholding obligations, or the payment of any legally-required employment benefits that arise from your decision to hire, employ or engage any Candidate.  

As noted in and without limiting Section 20 of these Terms of Service, in the event that you have a dispute with one or more Experts or Candidates, you hereby agree to release us (and all of our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Changes to the Website

We may update the content on the 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.

Subscription Fees; Commission; Terms of Payment

Monthly Subscription Fee 

In exchange for access to and use of the job boards and other tools and services available to Employers on the Website, you will pay to us a monthly subscription fee at the presently-applicable rates as posted online on our Website (the “Subscription Fee”).  Various subscription levels or tiers are offered to Employers, with the Subscription Fee increasing with increasing levels of functionality offered through the Website, as described online on our Website.  Additionally, customized subscription tiers may be available upon written request.  Employers may change subscription levels or tiers at any time upon at least ten (10) days’ advance written notice to the Company and, if the Employer has downgraded its subscription level, subject to the Employer agreeing and acknowledging that its access to certain portions of or functionality of the Website will no longer be accessible to it.   

Commission Payments

If you hire any Candidate to whom you were introduced in any way through the Website’s “Spotlight” program, you will pay us, in addition to any applicable Subscription Fees, a commission in an amount equal to a percentage of such new hire’s base annual salary at the presently-applicable percentage rates as posted online on our Website at the time the applicable Candidate is hired (a “Commission Payment”).  All applicable Commission Payments come due and become payable to the Company at the time of such new hire’s hire date.  You may opt to pay any such Commission Payment either (i) as a one-time lump sum payment due at the time the applicable new hire is hired, or (ii) in equal monthly installments, with the first monthly installment due at the time the applicable new hire is hired and each installment thereafter coming due on the monthly anniversary of such hire date until such Commission Payment is paid in full, in each case subject to any applicable discounts (in the case of one-time lump sum payments), administrative processing fees or other charges (in the case of installment payments) as posted online on our Website or as described in a written agreement between you and the Company.  

Employers are prohibited from attempting in any way to avoid paying any applicable Commission Payment associated with their use of the Website’s “Spotlight” program.  Without limiting the generality of the foregoing, Employers may not gather Users’ Information of Candidates participating in the “Spotlight” program and then use that Users’ Information to solicit Candidates or offer such Candidates employment other than through the Website.

Terms of Payment

Employer shall, upon request of the Company, establish and maintain valid and updated credit card information, debit card information or a valid ACH auto debit account (in each case, the “Automatic Payment Method”).  Upon establishment of such Automatic Payment Method, the Company is hereby authorized to charge the applicable Subscription Fees and any applicable portion of any Commission Payments incurred using such Automatic Payment Method.  If the Company does not require you to establish and maintain an Automatic Payment Method, then the Company shall invoice you on a monthly basis for the Subscription Fee or any applicable portion of any Commission Payments.  Except as set forth in these Terms of Service, invoiced fees or other charges are due net 30 days from the invoice date.  You are responsible for providing complete and accurate billing and contact information to the Company and notifying the Company of any changes to such information.  

You agree to pay as a late payment charge the lesser of one and one-half percent (1.5%) per month or the maximum late payment charge permitted by law on all invoiced amounts not paid to the Company within thirty (30) days from date of invoice.  You also agree to pay all expenses of collection, including reasonable attorney’s fees, incurred by the Company in collecting accounts not paid thirty (30) days from date of invoice.

Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with your use of the Website.  If the Company has the legal obligation to pay or collect Taxes for which you are responsible under this Section, we will invoice you and you will pay that amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. You agree to indemnify and hold us harmless from any encumbrance, fine, penalty or other expense which we may incur as a result of your failure to pay any Taxes required hereunder.  For clarity, the Company is solely responsible for taxes assessable against us based on our income, property and employees.

Except as otherwise agreed by the Company in writing or as provided in Section 16 below, all Subscription Fee or Commission Payment payment obligations are non-cancelable and any portion of a Subscription Fee or Commission Payment paid to the Company is non-refundable.

In the case of any conflict between any pricing or payment terms posted online on our Website, contained in these Terms of Service, or contained in a written agreement directly between you and us, the pricing and payment terms contained in the written agreement directly between you and us shall control.  

Termination

Termination for Cause; Suspension of Service

 

We may terminate your access to and subscription to the Website for cause upon written notice of your breach or violation of these Terms of Service.  Without limiting the foregoing, in the event of a breach or violation that gives rise to the right by the Company to terminate your subscription, the Company may elect, as an interim measure, to suspend its performance hereunder as to you (including, without limitation, your right to access or use the Website) until the breach or violation is cured.  The Company’s exercise of its right to suspend performance shall be without prejudice to the Company’s right to terminate your subscription upon written notice to you.

 

Termination for Convenience

 

You may also terminate your subscription to the Website at any time for any reason, or for no reason, upon written notice to us.  We reserve the right to terminate any subscriptions at any time upon at least thirty (30) days’ advance written notice should we decide, in our sole discretion, to shut down and no longer offer the Website.  

 

Effect of Termination

 

Upon any termination of your subscription to the Website, except as otherwise expressly provided in these Terms of Service: (i) all rights, licenses, consents and authorizations granted by either party to the other hereunder will immediately terminate; (ii) you shall immediately cease all use of the Website and any content and materials available thereon; and (iii) we may disable all access by you to the Website.  In no event will termination relieve you of your obligation to pay any Subscription Fees, Commission Payments, or other fees or charges payable to the Company for the period prior to the effective date of termination.  You acknowledge that we may charge such amounts to your Automatic Payment Method.  The following portions of these Terms of Service shall survive termination of your subscription and continue in full force and effect: Sections 13, 19, 20, 21, 22, 23, 24 and 25.  Termination of your subscription, or any of the obligations hereunder, by either party shall be in addition to any other legal or equitable remedies available to such party, except to the extent that remedies are otherwise limited hereunder.

 

Links to Other Sites

You may create a link from another site that you own to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.  You may not establish a link from any website that is not owned by you and you may not link to any part of the Website other than the homepage.  Any website on which you create a link must comply in all respects with the Content Standards set out in these Terms of Service.  We reserve the right to withdraw linking permission without notice.

If the Website contains links to other sites and resources 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 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 the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

The Website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the Website, send e-mails or other communications with certain content, or links to certain content, on the Website, or cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.  You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions that we (or such third-party websites) provide with respect to such features.  In addition to the limitations on linking set forth above, you may not cause the Website or portions of it to be displayed, or appear to be displayed by framing, deep linking or in-line linking on any other site.

Geographic Restrictions

The owner of the Website is based in the state of North Carolina in the United States.  We provide the Website for use only by persons and entities 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.

Disclaimer of Warranties

We cannot and do not guarantee or warrant that files 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.

Limitation on Liability

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, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, 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.  THIS DISCLAIMER INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR 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 OR LOSS OF DATA, 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.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

Any legal suit, action or proceeding arising out of or related to these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States in North Carolina, or the courts of the State of North Carolina, except that we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.  If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement

If you are an Employer, these Terms of Service, our Copyright Policy, and our Employer Privacy Policy constitute the sole and entire agreement between you and Amazetal, Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by Amazetal, Inc.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy (www.amazetal.com/copyright) in the manner and by the means set forth therein.  

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@amazetal.com.

Terms and conditions for Experts

Acceptance of the Terms of Service

Amazetal, Inc. (“Company”, “we” or “us”) maintains the website www.amazetal.com, including any content, functionality and services offered on or through www.amazetal.com (the “Website”).  Through the Website, we seek to connect individual job-seekers (“Candidates”) with (i) experts in the field who may provide advice and feedback directly to Candidates and/or help to vet and evaluate Candidates (“Experts”), and (ii) employers who need assistance with their new talent acquisition (“Employers”).  

If you are accessing the Website as an Expert, the following terms and conditions (“Terms of Service”) govern your access to and use of the Website, whether as a guest or a registered user.  

Please Note:  If you are accessing the Website as a Candidate or an Employer, your access to and use of the Website are not governed by these Terms of Service, but instead are governed by other, separate terms and conditions.  Please refer to our Candidate Terms of Service (www.amazetal.com/candidate-terms) or our Employer Terms of Service (www.amazetal.com/employer-terms), as applicable, for the terms, conditions and policies that apply to you.  

Please read the Terms of Service carefully before you start to use the Website.  By using the Website, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service.  If you do not want to agree to these Terms of Service, you must not access or use the Website.

This Website is offered and available to users who are residents of one of the fifty United States or the District of Columbia and who are aged 18 and older.  By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion.  Changes are effective immediately when we post them.  Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes.  You must check this page frequently so that you are aware of any changes, and immediately discontinue access or use of the Website if you do not want to agree to the revised Terms of Service.

Acceptance of Privacy Policy; Protection of Candidates’ Privacy

All information we collect from Candidates on the Website is subject to our Expert Privacy Policy (www.amazetal.com/expert-privacy).  By using the Website, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by our Expert Privacy Policy.  If you do not want to agree to our Expert Privacy Policy, you must not provide us any personal information.

Our Website is hosted in the United States and our services are provided from the United States.  It is possible that certain information will be stored on servers in multiple other countries on the "cloud" or other similar distributed hosting platforms.   If you are a user accessing our Website or services from the European Union, Asia or any other region with laws governing personal data collection, use, and disclosure that differ from United States laws, you are expressly and knowingly consenting to the transfer of your personal information to the United States and other jurisdictions as indicated above, and to our use of your personal information in accordance with our Expert Privacy Policy.

By interacting with Candidates through the Website, you may come into possession of certain nonpublic information collected from Candidates (either actively or passively), including, without limitation, Personal Information (as defined in the Candidate Privacy Policy – www.amazetal.com/candidate-privacy), contact information, and information about the Candidates’ online behavior (collectively, “Candidate Information”).  You agree (i) to use commercially reasonable measures to protect the privacy and security of Candidate Information as appropriate for the type of information at issue, including heightened protection for Personal Information, and (ii) not to use or disclose Candidate Information in any way inconsistent with our Candidate Privacy Policy.  Specifically, you agree you will not (x) use Candidate Information to communicate to Candidates promotional or advertising material or similar solicitations, or (y) sell, lease or otherwise disclose Candidate Information to other third parties without the applicable Candidate’s authorization.  If you terminate your account on the Website or otherwise discontinue use of the Website, you must permanently delete any Candidate Information that is stored on your computers or servers, including and especially any Personal Information.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide 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 users, including registered users who have submitted initial applications and have met our minimum qualifications to appear as a Candidate on the Website.

You are responsible for making all arrangements necessary for you to have access to the Website, such as an Internet connection with sufficient download and upload speeds, up-to-date web browser software and computer equipment that meets the minimum specifications required.  To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information for completion of your Expert profile.  You must provide information that is correct, current and complete.  You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Candidate Privacy Policy (www.amazetal.com/candidate-privacy), and you consent to all actions we take with respect to your information consistent with our Candidate Privacy Policy.

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 the Website or portions of it using your user name, password or other security information.  If you permit any other person to use your account, you will be responsible for their activities while using the Website.   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 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. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, the continued use of that user name, password or other identifier would be inappropriate.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, 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.  These Terms of Service permit you to use the Website for your personal, internal business use only.  

Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials in the form that they are provided to you via the Website, and your Web browser may store files that are automatically cached for display enhancement purposes.  You must not otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not modify copies of any materials from this Website nor use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.  You must never delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.  If you wish to make any use of material on the Website other than that set out in this section, please address your request to:  support@amazetal.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title or interest in or to the Website or any content on the Website is being transferred to you, and all rights not expressly granted are reserved by the Company.  Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

Trademarks

The Company name, the term “AMAZETAL,” the star with crossing arrows logo, 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.

We acknowledge that the names, logos, product and service names, designs and slogans of any Expert are the trademarks of such Expert or of its respective affiliates or licensors.  Each Expert grants to us a limited, non-exclusive, non-transferable and royalty-free license to use, copy, display and distribute such person’s trademarks and any other User Contributions contributed by such person in any way that is expressly or impliedly authorized or directed by such person in connection with such person’s use of the Website.  Such license grant shall also extend to any service providers that we determine, in our sole discretion, are necessary to assist in providing the Website.  We and our service providers shall not otherwise use an Expert’s trademarks without the prior written permission of such person.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Service.  You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

To send, receive, upload, download, use or re-use any material that does not comply with the Content Standards set out in these Terms of Service.

To transmit any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity.

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or that may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.  Without limitation, you must not:

Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful or attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

User Contributions

The Website may contain Expert-specific web pages or profiles, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Website.

You must own or control all rights in and to your User Contributions, and all of your User Contributions must comply with the Content Standards set out in these Terms of Service.  Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant the Company and its affiliates and service providers the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose consistent with our Expert Privacy Policy.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and that you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to take any actions that we consider to be appropriate to ensure that the Website is operated in an appropriate manner.  We may remove or refuse to post any User Contributions for any or no reason in our sole discretion, and we may take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.  We may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.  We may terminate or suspend your access to all or part of the Website for any reason that we determine to be adequate, including any violation of these Terms of Service.

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 ANY RIGHT TO ASSERT ANY CLAIMS RESULTING FROM ANY SUCH ACTION TAKEN BY THE COMPANY.

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.  Accordingly, we assume no liability 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.

Content Standards

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:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service, our Expert Privacy Policy (www.amazetal.com/exper-privacy) or our Candidate Privacy Policy (www.amazetal.com/candidate-privacy).

Be likely to deceive any person.

Promote any illegal activity, or advocate, promote or assist any unlawful act.

Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

Impersonate any person, or misrepresent your identity, your credentials, or your affiliation with any person or organization.

Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy www.amazetal.com/copyright 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.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes.  We do not warrant the accuracy, completeness or usefulness of this information, and 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.

The Website may include content provided by third parties, including materials provided by other users, Candidates, Employers, 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.

Facilitation Tool Only; Disclaimer of Related Warranties and Liability

The Website is solely a communications and networking tool that enables connections between Candidates, Experts and Employers.  Except for facilitating connections through the Website, we do not take part in the interactions between Candidates and Experts, or between Experts and Employers, and we are not responsible for such interactions.  You are solely responsible for such interactions.  We are not a party to any relationship or contract between Candidates and Experts or between Experts and Employers.  All dealings are solely between the respective parties.  

A Candidate’s registration for the Website and the ability for Candidates to contact you and request your services via the Website does not imply our endorsement of such Candidates.  Candidates are not employees of the Company, nor are they affiliated with the Company in any way.  We cannot and do not control, are not responsible for, and make no representations regarding (i) the skills, talents, experience, qualities and/or qualifications of Candidates, or (ii) whether any Candidate is trustworthy, creditworthy, or has the ability to pay for any services you provide via the Website.  

Reviews of Experts are solely the opinions of the Candidates and Employers that post them, and no reviews contain or reflect any opinions or views of the Company.  We do not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any reviews or ratings provided by Candidates or Employers, User Contributions provided by Candidates, Employers or other Experts, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Candidates, Employers, or other Experts on the Website.  

As noted in and without limiting Section 21 of these Terms of Service, in the event that you have a dispute with one or more Candidates or Employers, you hereby agree to release us (and all of our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

No Employment Relationship, Withholding; No Conflicts

The Website is not an employment service and does not serve as an employer of any Expert.  As such, we will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of the Website.  You understand and agree that if we are found to be liable for any tax or withholding tax in connection with your use of the Website, then you will immediately reimburse and pay to us an equivalent amount, including any interest or penalties thereon.  Additionally, unless expressly agreed in a separate, written agreement signed by all applicable parties, if you provide services to a Candidate you do so solely in the capacity of an independent contractor to the Candidate, and not as an employee or agent of the Candidate for any purpose.  You shall not purport to make any representations, warranties or agreements on behalf of a Candidate and shall have no authority to enter into any contract or agreement on a Candidate’s behalf nor to make any warranties or representations that bind a Candidate.  While a Candidate may request services from you via the Website and may specify the deliverables that you must produce and the deadlines, you shall at all times retain control over the manner in which you render services to the Candidate.  Candidates rely on your personal skills and experience in performing such services.  You also acknowledge and agree that by delivering services to Candidates via the Website, we have in no way engaged and do not purport to engage you as an independent contractor of Amazetal, Inc. or any of its affiliates or service providers (or in any other principal-agent relationship of any sort) for any purpose whatsoever; such relationship is solely one of provider of the Website and consumer of the Website.

Experts’ two primary activities on the Website are (1) reviewing, assessing and providing feedback on Candidates and their qualifications through the “Spotlight” program, which such feedback may be used by one or more Employers in such Employers’ decisions to hire or not to hire such Candidates, and (2) providing services directly to Candidates through the Website, such as one-on-one career advice or consulting sessions (collectively, the “Expert Services”).  Each Expert represents and warrants that his or her performance of the Expert Services does not and will not breach any employment, noncompetition, nonsolicitation, confidentiality or other similar agreement to which he or she is a party.  Each Expert hereby agrees to indemnify, defend and hold harmless the Company and its officers, directors, employees, consultants and service providers from and against any and all liability, suits, claims, losses, damages and expenses (including reasonable attorneys’ fees) arising out of or related to any breach by such Expert of any such restrictive covenants to which such Expert is a party.

Changes to the Website.

We may update the content on the 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.

Providing Services to Candidates

If you wish to offer services to Candidates through the Website (e.g., a one-on-one consulting session), we will ask you to set up a payment account and submit certain payment information (your “Payment Account”) or submit certain mailing address information where a check may be mailed to you so that we can process such transactions.  It is your responsibility and obligation to provide accurate payment information to us and to keep such information current.  By providing payment information to us, you represent and warrant to us that you are authorized to use the payment instrument you provided to us.

Candidates will have the option to request your services through the Website.  When a Candidate has indicated an interest in engaging you as a service provider, we will send you a notice through the Website and permit you the opportunity to accept or decline the Candidate’s request.  Your Payment Account will be credited (or a check will be mailed to you) in the amount of your fee (as agreed upon between you and the Candidate) only after (1) the Candidate has received the specified services, and (2) the Candidate has provided a review of your services, and (3) you have provided a review of your services.  You will be sent an e-mail receipt itemizing all fees each time your Payment Account is credited.  

Candidates shall make and you shall receive all payments relating to, or in any way connected with, your provision of services to such Candidate directly to the Company through the Website using the payment system that has been provided by us, and Candidates will have no obligation of payment directly to you.  You agree that you will be paid for services you deliver solely by the Company through your Payment Account or by the Company delivering a check to the mailing address you have provided.  You are prohibited from attempting in any way to avoid having the Candidate pay any applicable administrative processing fee by having the Candidate make payment outside of or apart from the Website.  All payments processed via the Website will be encrypted and transmitted securely using Secure Sockets Layer (SSL) technology through a reputable third-party payment processor.

If you dispute any charges (or a Candidate’s failure to pay any charges) with any Candidate, you must contact the Candidate directly—we are not responsible for and will take no part in such disputes.  

In order to preserve the Website’s professionalism and competitiveness as a marketplace for services, we reserve the right to, and you acknowledge and agree that we may, remove any Expert posting or listing (or suspend or terminate any Expert account, as necessary) which in our sole discretion (i) violates the Content Standards described above, (ii) is inappropriate or irrelevant to the purposes of the Website, or (iii) offers services at an unreasonably high or low price or otherwise offers services in a manner that is unfairly competitive to other Experts using the Website.  We likewise reserve the right to, and you acknowledge and agree that we may, terminate any Expert account if, in our sole discretion, the Company has received repeated complaints from Candidates about the quality or delivery of such Expert’s services and such Expert’s continued participation on the Website would be inappropriate as a result.

Consulting sessions with Candidates may take place using video-conference software of the Expert’s choosing, such as SkypeTM or FaceTimeTM.  It is your responsibility to ensure you (1) have in place the Internet connection and computer or mobile device equipment that meets the minimum requirements for such software tools, and (2) comply with the terms of use of such software.  

Spotlight Incentive Payments

If a Candidate you have reviewed on behalf of a particular Employer through our Website’s “Spotlight” program is hired by that Employer through such program, then upon receipt by the Company of its commission from the Employer in connection with such hiring, you will be eligible to receive an incentive payment at the then-applicable rate posted online.  Additionally, if (1) you are registered as an Expert on the Website, (2) you refer a new Candidate to the Website, (3) that individual lists you as their referral source at the time such individual registers for the Website, (4) that individual participates in the “Spotlight” program, and (5) that individual is hired by a participating Employer through such program, then upon receipt by the Company of its commission from the Employer in connection with such hiring, you will be eligible to receive an incentive payment at the then-applicable rate posted online.  Finally, if (i) you are registered as an Expert on the Website, (ii) you refer a new Expert to the Website, and (iii) that individual lists you as their referral source at the time such individual registers for the Website, then you may, in the Company’s sole discretion, be eligible to receive an incentive payment at the then-applicable rate posted online the first time (and only the first time) that (x) such newly-registered Expert assesses a Candidate in the “Spotlight” program, (y) such assessed Candidate is hired by an Employer through such program, and (z) the Company receives its commission from the Employer in connection with such hiring.  The incentive payments described in this paragraph are referred to herein as the “Spotlight Incentive Payment.”  

 

Payment of any Spotlight Incentive Payment will be made by check payable to the name you provided when registering for your Expert Account.  We will notify you by e-mail of your entitlement to the Spotlight Incentive Payment and request you respond with a mailing address to which the check should be sent at that time.  Two attempts will be made to contact you by e-mail within a ten (10) day period.  If you cannot be contacted, if the e-mail or postal mail attempt is consistently returned as undeliverable, or if you decline to accept the Spotlight Incentive Payment, it will result in your disqualification from receiving the Spotlight Incentive Payment, your forfeiture of the Spotlight Incentive Payment, and the retention of such funds by us as our sole property.  We are not responsible and shall not be liable if the Spotlight Incentive Payment is declined or undeliverable.  We are not responsible for any limitations that prevent you from accepting or receiving the Spotlight Incentive Payment; our failure to comply with any provision of this Section 17 due to an act of God, act of domestic terrorism, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities outside of our control (excepting compliance with applicable codes or regulations) or other force majeure events will not be considered a breach of this Section 17.  We, in our sole discretion, reserve the right to disqualify any individual Expert from receiving a Spotlight Incentive Payment if we find such Expert is tampering with or deliberately undermining the legitimate operation of this incentive payment program.

 

Please note: A Spotlight Incentive Payment will be paid only upon receipt by the Company of its commission from the Employer.  If the Employer has elected to pay its commission in full in a one-time lump sum payment, then the applicable Spotlight Incentive Payment(s) will likewise be paid in full promptly thereafter according to the procedure outlined above.  If, however, the Employer has elected to pay its commission in installments, then the applicable Spotlight Incentive Payment(s) will likewise be paid in installments, pro rata in proportion to the amount of the Employer’s commission that has been paid to date.  Additionally, the applicable rates for any Spotlight Incentive Payment are subject to change from time-to-time in the Company’s sole discretion and without notice.  Your continued use of the Website after a rate decrease becomes effective constitutes your agreement to accept such decreased amount in lieu of amounts posted online at any prior time.  If there is a decrease in the Spotlight Incentive Payment applicable rates, as a courtesy the Company will endeavor to pay out any accrued Spotlight Incentive Payment at whatever higher rate was posted at the time the hired Candidate registered for the “Spotlight” program, but the Company makes no guarantees of payment at any rate other than the applicable rate then effective at the time the Spotlight Incentive Payment accrues and becomes payable (e.g. when the relevant individual is hired and the Employer’s commission payment has been paid to the Company).  The Spotlight Incentive Payment is non-assignable and non-transferrable.  Any applicable federal, state or local taxes in connection with the Spotlight Incentive Payment are your sole responsibility.  

 

Links to Other Sites

You may create a link from another site that you own to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.  You may not establish a link from any website that is not owned by you and you may not link to any part of the Website other than the homepage.  Any website on which you create a link must comply in all respects with the Content Standards set out in these Terms of Service.  We reserve the right to withdraw linking permission without notice.

If the Website contains links to other sites and resources 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 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 the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

The Website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the Website, send e-mails or other communications with certain content, or links to certain content, on the Website, or cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.  You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions that we (or such third-party websites) provide with respect to such features.  In addition to the limitations on linking set forth above, you may not cause the Website or portions of it to be displayed, or appear to be displayed by framing, deep linking or in-line linking on any other site.

Geographic Restrictions

The owner of the Website is based in the state of North Carolina in the United States.  We provide the Website for use only by persons and entities 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.

Disclaimer of Warranties

We cannot and do not guarantee or warrant that files 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.

Limitation on Liability

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, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, 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.  THIS DISCLAIMER INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR 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 OR LOSS OF DATA,  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.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.

Additionally, you agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to any claim by any Candidate arising in any way with any services provided by you through the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

Any legal suit, action or proceeding arising out of or related to these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States in North Carolina, or the courts of the State of North Carolina, except that we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability.

No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.  If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement

If you are an Expert, these Terms of Service, our Copyright Policy, and our Expert Privacy Policy constitute the sole and entire agreement between you and Amazetal, Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns.

This website is operated by Amazetal, Inc.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy (www.amazetal.com/copyright) in the manner and by the means set forth therein.  

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@amazetal.com.