KnowMe

Terms & Conditions

Candidates at a glance:

  • KnowMe is free for candidates
  • Candidates must notify KnowMe if they accept a Job Offer

KnowMe, Inc. (“KnowMe,” “we,” “us,”or “our”) invites you to use our online services and software provided on or in connection with the services (collectively, the “Services”)which you can access through our website located at www.Knowmebest.com (the “Site”).Please read these Candidate & Visitor Terms of Service (“Terms of Service”) carefully. By logging in and accessing the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and to the collection and use of your information as setforth in our Privacy Policy.

We provide visitors to our Site (“Visitors”) access to our Site andCandidates (as defined below) with access to the Services subject to the terms and conditions set forth in these Terms of Service. By browsing the public areas of the Site or by clicking “I AGREE”, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service. If you do not agree to any of these terms, then please do not use the Site and/or theServices.

These Terms of Service may be updated by us from time to time with or without notice to you, and so you should review this page periodically. When material changes are made to these Terms of Service, we will update the “Last Updated”date at the top of this document, and notify you that material changes have been made. Your continued use of the Site and/or Services constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF SERVICE.

We provide Employers access to our Services subject to our Employer Terms of Service.

THESE TERMS OF SERVICE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES YOU TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION. THIS MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY AND THATYOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.

1. DESCRIPTION OF OUR SERVICES
KnowMe is an online recruiting marketplace. Our Services allow individuals seeking employment opportunities (each, a “Candidate”) to connect with companies seeking to recruit such individuals (each, an “Employer”).We serve as intermediary between Candidates and Employers. KnowMe is not involved in any contract of employment and is not bound by any contractual agreement arising between Candidates and Employers, whether or not KnowMe receives some form of remuneration in connection with the transaction. Upon registering as a Candidate, you may receive an invitation to be included in the collection of Candidate profiles that are accessible to Employers (the “Showcase”).During the Showcase, your Candidate Content (as defined below) will be visible and accessible by Employers and the Employers can also ask for additional information about you. If an Employer is interested in interviewing you, you may receive an offer from the Employer for an interview (“Interview Request”).You may, in your sole discretion, accept or reject an Interview Request. Your interaction with an Employer may result in the Employer extending an offer for employment to you (“Job Offer”). You may, in your sole discretion, accept or reject a Job Offer.

2. ELIGIBILITY
This is a contract between you and KnowMe. You may use the Services only if you can form a binding contract with KnowMe, and only in compliance with these Terms of Service and all applicable laws, rules and regulations. TheServices are only available for individuals aged 18 years or older. If you are under 18 years of age, please do not use the Services. Any use or access to theServices by anyone under 13 is strictly prohibited and in violation of theseTerms of Service. The Services are not available to any Visitors or Candidates previously removed from the Services by KnowMe.

3. RIGHTS TO THE SERVICES
Subject to the terms and conditions of these Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable right to use the Services only and as permitted by the features of the Services. KnowMe reserves all rights not expressly granted herein in the Services and the KnowMeContent (as defined below). KnowMe may terminate this license at any time for any reason or no reason.

4.CHANGES TO THE SERVICE
We may, without prior notice, make changes, corrections or improvements to the Services; stop providing the Services or features of theServices, to you or to users generally; or create usage limits for theServices. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Service, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Service.

5. REGISTRATION
In order to access and use the Services, you must register by creating a Candidate account. You may never use another user’s account without permission. During the registration process, you will have to provide your name, email address, and phone number and you will be asked to create a password for your account. You represent and warrant that all registration information you submit to us is truthful, complete and accurate, and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your Candidate account and for the activity that occurs on the account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account. You will promptly inform us of any need to deactivate your Candidate account. We reserve the right to delete or change your Candidate account at any time and for any reason. We are under no obligation to accept any individual as a Candidate, and may accept or reject any registration in or sole and complete discretion. You must notify us immediately of any breach of security or unauthorized use of your Candidate account. KnowMe will not be liable for any losses caused by any unauthorized use of your Candidate account.

6. FEES
Services are currently provided to you for free.

7. USE OF PERSONAL DATA
Your use of Services may involve the transmission to us of certain personally-identifiable information. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States or Canada.

8. COMMUNITY GUIDELINES
KnowMe’s community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Site and/orServices, you hereby agree that:

  • You will not use the Site and the Services for any unlawful purpose or to engage in any commercial     activities, including, without limitation, raising money; advertising or     promoting a product, service, or company; or engaging in any pyramid or     other multi-tiered marketing scheme;
  • You will not access or use the Site and the Services to collect any market research for a competing     businesses;
  • You will not upload, post, e-mail, transmit, or otherwise make available any content that:

§  infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
§  is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
§  discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.You will not “stalk” or otherwise harass another user of the Site and/or Services or any other person;You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;You agree not to engage in any of the following prohibited activities:
§  copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
§  using any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., to access theServices in a manner that sends more request messages to KnowMe’s servers than a human can reasonably produce in the same period of time by using a conventional on-line web browsers (except that KnowMe grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from KnowMe.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
§  transmitting spam, chain letters, or other unsolicited email;
§  attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
§  taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
§  uploading invalid data, viruses, worms, or other software agents through the Services;
§  collecting or harvesting any personally identifiable information, including account names, from the Services;
§  using the Services for any commercial solicitation purposes;
§  impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
§  interfering with the proper working of theServices;
§  accessing any content on the Services through any technology or means other than those provided or authorized by theServices;
§  create multiple accounts for you for any reason, including, without limitation, in order to obtain the same promotion multiple times; or§  bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.We reserve the right, in our sole and absolute discretion, to deny you (or any device) access to the Site and/or the Services, or any portion of the Site and/or the Services, without notice.

9. KNOWME CONTENT
As noted above, the Services provide Candidates the ability to post and upload content including but not limited to, their resume / CV and job preferences (collectively, the “Candidate Content”). You expressly acknowledge and agree that once you submit your Candidate Content through theServices, it will be accessible by Employers, and that there is no confidentiality or privacy with respect to such Candidate Content, including, without limitation, any personally identifying information that you may make available through the Services. YOU, AND NOT KNOWME, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR CANDIDATE CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SERVICES.

Except for the licenses in this Section, you retain all copyrights and other intellectual property rights in and to your own Candidate Content. You do, however, hereby grant us a non-exclusive, royalty-free, sublicensable, transferable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your Candidate Content as reasonably necessary to provide the Services to you under these Terms ofService.

10. COMMUNICATIONS WITH US
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. You may choose to or we may invite you to submit comments or ideas about theServices, including without limitation about how to improve the Service or our products (collectively, the “Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place KnowMe under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose theIdea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, KnowMe does not waive any rights to use similar or related ideas previously known to KnowMe, or developed by its employees, or obtained from sources other than you.

11. NO WARRANTIES
NONE OF KNOWME, ITS AFFILIATES, SUBSIDIARIES, OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “KNOWME PARTIES”)ENDORSE ANY CANDIDATE, EMPLOYER, ANY CANDIDATE CONTENT OR ANY CONTENT MADE AVAILABLE BY ANY EMPLOYER THROUGH THE SERVICES. YOU ACKNOWLEDGE THAT THE SERVICES MERELY ASSISTS CANDIDATES IN IDENTIFYING JOB OPPORTUNITIES THAT MEET THEIR REQUIREMENTS. NONE OF THE KNOWME PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN CANDIDATES AND EMPLOYERS OR FOR ANY RESULTS CAUSED BY USING THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY PERSONAL INJURY OR PROPERTY DAMAGE.

THE SERVICES AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.USE OF THE SERVICES, THE SITE AND THE KNOWME CONTENT IS AT YOUR OWN RISK. TOTHE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE SITE AND THE KNOWME CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION,WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KNOWME OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, NONE OF THE KNOWME PARTIES WARRANT THAT THE KNOWME CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SITE OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY KNOWME CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USEOF THE SITE AND/OR SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE ORLOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SITE OR THE SERVICES.

12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY OF THE KNOWME PARTIES BE LIABLE FOR ANY: (I) INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS,REVENUES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, EVEN IF SUCH KNOWME PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE SERVICES OR THE KNOWME CONTENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100). UNDER NO CIRCUMSTANCES WILL KNOWME BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR CANDIDATE ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE KNOWME PARTIES FOR ANYAND ALL DIRECT DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE,EXCEED, THE TOTAL FEES RECEIVED BY KNOWME FROM YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF WHICH SUCH CLAIM ARISES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TOYOU. THESE TERMS OF SERVICE GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY ACCORDING TO JURISDICTION. THE DISCLAIMERS,EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS OF SERVICE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM UNDER THESE TERMS OF SERVICE MORE THAN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION ARISES.

13. INDEMNIFICATION
You agree to defend, indemnify, and hold the KnowMe Parties harmless from and against any and all losses, liabilities, damages, demands, claims(including taxes), costs, payments and expenses (including any and all reasonable attorneys’ fees, reasonable costs of investigation, discovery, litigation and settlement, interest and any judgments, fines and penalties) as incurred, arising out of or in connection with any third-party claims (a)arising from or relating to: (i) your violation of any term of these Terms of Service, including without limitation, your breach of any of there presentations and warranties herein; (ii) your misuse of the Site, theServices, and/or the KnowMe Content, (iii) your Candidate Content or any content that is submitted via your Candidate account, including without limitation, misleading, false, or inaccurate information, (iv) your violation of any third-party right, including without limitation, any copyright, trademark, trade secret, privacy or publicity right, (v) any other party’s access and/or use of the Services with your unique username, password or other appropriate security code, or (vi) a violation or alleged violation of any applicable laws; or (b) any claims brought against any KnowMe Party by anEmployer as a result of any of your gross negligence or willful misconduct.

14. EXTERNAL SITES
The Site and the Services may contain links to third-party websites(“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such ExternalSites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

15. ACTIVE RECRUITING PROCESS
If you are a Candidate, you hereby agree that:

  • No Active Recruiting Process (as defined below) has been in place between you and any Employer for ninety (90) days prior to the date on which you first interact with such Employer through our Services. For the purposes of these Terms of Service, “Active Recruiting Process” means a continuous direct, back and forth communication between an Employer and a Candidate in an active recruiting or hiring context where a decision to put a Candidate on hold or a decision to reject such Candidate has not been made.
  • You will initiate any initial interaction with any Employer exclusively through the Services. Further communication may take place outside of our Services only after the Interview Request is sent out by the Employer and accepted by the Candidate.
  • You will promptly inform us upon receipt of a Job Offer, including but not limited to, the details on the beginning of the employment, duration and compensation.
  • You will promptly inform us if you accept a Job Offer and also provide us with a copy of the written Job Offer (and a signed version, if one is signed). If there is no written Job Offer or if other details are needed by KnowMe in its sole discretion to verify compensation, then you must provide us the details of the     engagement as requested by us, including but not limited to the scope of the role, remuneration and other terms of the engagement.
  • You will promptly notify us if your employment does not commence or is terminated within ninety (90) days from the start date that you agree to with the Employer (“Start Date”).
  • You will not publicly or privately disclose, post or disseminate any Job Offers that you receive through the Services.
  • You will not attempt to circumvent our Services by independently attempting to communicate with an Employer that contacted or communicated with you through our Services.

16.KNOWME CONTENT
Whether inside or outside of the United States or Canada, you are solely responsible for ensuring compliance with the applicable laws of your specific jurisdiction.

17. COPYRIGHT COMPLAINTS
KnowMe respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act and any other like legislation (the “Act”) for the receipt of any Notification ofClaimed Infringement which may be given under that Act is as follows:    

   KnowMe, Inc.
   Attn: Copyright Agent
  6935 Aliante Pkwy, Suite 104-473   North Las Vegas, NV 89084

If you believe that your work has been copied on the Site and/or the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (a) a description of the copyrighted work that has been infringed and the specific location on the Site and/or the Services where such work is located; (b) a description of the location of the original or an authorized copy of the copyrighted work; (c) your address, telephone number and e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (e) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

18. GOVERNING LAW
These Terms of Service shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Clark County, Nevada for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Clark County, Nevada is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

19. ARBITRATION
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM KNOWME. FOR ANY DISPUTE WITH KNOWME, YOU AGREE TO FIRST CONTACT US AT SUPPORT@KNOWMEBEST.COMAND ATTEMPT TO RESOLVE THE DISPUTE WITH US INFORMALLY. IN THE UNLIKELY EVENT THAT KNOWME HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER SIXTY(60) DAYS, YOU AND KNOWME AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SERVICE SHALL BE FINAL AND BINDING ARBITRATION. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE TERMS OF SERVICE AS ACOURT WOULD.

ANY DISPUTE BETWEEN KNOWME AND YOU ABOUT OR INVOLVING YOUR USE OF THE SERVICES THAT IS UNABLE TO BE INFORMALLY RESOLVED MUST BE COMMENCED AND CONDUCTED UNDER THE COMMERCIAL ARBITRATION RULES (THE “AAA RULES”) OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) AND, WHERE APPROPRIATE, THE AAA’S SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (“AAA CONSUMER RULES”), BOTH OF WHICH ARE AVAILABLE AT THE AAA WEBSITE WWW.ADR.ORG OR BY CALLING THE AAA AT 1-800-778-7879, IN LAS VEGAS, NEVADA, USA , PROVIDED THAT THE FOREGOING SHALL NOT PREVENT KNOWME FROM SEEKING INJUNCTIVE RELIEF IN A COURT OF COMPETENT JURISDICTION. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

20. CLASS ACTION/JURY TRIAL WAIVER
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES,WE EACH AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON ACLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO AJURY TRIAL.

21. MISCELLANEOUS

  • These Terms of Service will inure to the benefit of our successors, assigns, licensees, and sublicensees. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by KnowMe without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
  • No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and KnowMe’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
  • These Terms of Service, together with any amendments and any additional agreements you may enter into with KnowMe in connection with the Service, shall constitute the entire agreement between you and KnowMe concerning the Service. If any provision of these Terms of Service are deemed invalid by a court of     competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. Notwithstanding the foregoing or anything else in these Terms of Service, the terms of these Terms of Service that by their terms are perpetual or are otherwise intended to survive these Terms of Service will survive the termination or expiration of these Terms of Service.
  • The section headings in these Terms of Service are provided merely for convenience and shall not be given any legal import.
  • Please contact us at support@knowmebest.com with any questions regarding these Terms of Service.

Candidates at a glance:

  • Registration is free for employers
  • There is no charge for access to the platform - if you make a hire from KnowMe a success fee must be paid.
  • Employers must notify KnowMe if their Job Offer is accepted by a candidate

If you are located in the United States or Canada, Welcome!

KnowMe, Inc. (“KnowMe,” “we,” “us,”or “our”) invites you (which term, as used herein, includes you personally and the company or organization (the “Employer”) on whose behalf we will provide services and in connection with the services you may be allowed to use our web site (collectively, the “Services”) which you can access at www.knowmebest.com (the “Site”). Please read these EmployerTerms of Service (“Terms of Service”) carefully. By logging in and accessing the Site and by accepting our performance of Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and to the collection and use of your information as set forth in our Privacy Policy. If you are accepting these Terms of Service on behalf of, or for the benefit of, your Employer, then you are agreeing to these Terms ofService on behalf of yourself and your Employer, and you represent and warrant that you are at least 18 years old or older and you have the authority to bind your Employer to the terms and conditions set forth in these Terms of Service.If you do not have such authority, or if you do not agree to any of the terms in these Terms of Service, then you are not permitted to use the Services and you should stop using the Services and the Site immediately.

These Terms of Service may be updated by us from time to time with or without notice to you, and so you should review this page periodically. When material changes are made to these Terms of Service, we will update the “Last Updated”date at the top of this document, and notify you that material changes have been made. Your continued use of the Site and/or Services constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF SERVICE.

We provide Candidates and visitors access to our Services subject to our Candidate & Visitor Terms of Service.

1. DESCRIPTION OF OUR SERVICES
KnowMe is an online recruiting marketplace. Our Services allow youto connect with individuals seeking employment opportunities (each, a “Candidate”).We serve as intermediary between Candidates and Employers. KnowMe is not involved in any contract of employment and is not bound by any contractual agreement arising between Candidates and Employers, whether or not KnowMe receives some form of remuneration in connection with the transaction.  Upon registering as an Employer, you will be assigned a KnowMe employee who will be responsible for the day-to-day management of your Employer account (“Account Partner”). Employers will be able to view the collection of candidate profiles on www.knowmebest.com/candidates (the “Showcase”). If you would like to obtain additional information about a specific Candidate in the Showcase, you can do so by contacting your Account Partner. If you are interested in initiating a contact with a particular Candidate in the Showcase, you will be able to initiate the contact through the use of our Services by sending an interview request to the Candidate through the Services (each, an “Interview Request”) or through the Account Partner. Your interaction with a Candidate may result in an offer for employment (“Job Offer”). Candidates may, in their sole discretion, accept or reject an Interview Request and/or a JobOffer. Employers who wish to obtain our Services on a subscription basis may do so by entering into our Subscription Agreement. You may contact your AccountPartner if you wish to obtain our Services on a subscription basis.

2. RIGHTS TO THE SERVICES
Subject to the terms and conditions of these Terms of Service, your use of the Site shall be considered to be a non-exclusive, limited, non-transferable, freely revocable right to use the Site and the Services only and as permitted by the features of the Services. KnowMe reserves all rights not expressly granted herein in the Services and the KnowMe Content (as defined below). KnowMe may terminate these provisions or rights at any time for any reason or no reason.

3. CHANGES TO THE SERVICES
We may, without prior notice, make changes, correction or improvements to theServices; stop providing the Services or features of the Services, to you or to users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Service, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Service.

4. REGISTRATION
In order to access and use the Services, you must activate an Employer account.You may never use another user’s account without permission. During the onboarding process, you will have to provide your name, email address, and company name, and you will be asked to create a password for your account. You represent and warrant that all registration information you submit to us is truthful, complete and accurate, and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your Employer account and for the activity that occurs on the account, and you must keep your account password secure. We encourage you to use “strong” passwords(passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You will promptly inform us of any need to deactivate your Employer account. We reserve the right to delete or change yourEmployer account at any time and for any reason. We are under no obligation to accept any individual as an Employer, and may accept or reject any registration in our sole and complete discretion. You must notify us immediately of any breach of security or unauthorized use of your Employer account. KnowMe will not be liable for any losses caused by any unauthorized use of your Employer account.

You may control your Employer account and how you interact with the Services by changing the settings in your Tracker Page.By providing KnowMe your email address you consent to our using the email address to send you Services-related notices, including any notices required bylaw, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your Tracker Page.Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

5. FEES
You agree to pay all applicable fees that are set forth on www.knowmebest.com/fees (“Fees”). You also agree that any assignee or successor of your contractual obligations by virtue of a sale, exitor change of control transaction will also be obligated to pay any success fees for Candidates that you discover through the Services.

6. REFUND OF FEES
There are no refund of fees.

7. USE OF PERSONAL DATA
Your use of Services may involve the transmission to us of certain personally-identifiable information. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States or Canada.

8. COMMUNITY GUIDELINES
KnowMe’s community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Site and/orServices, you hereby agree that:

  • You will not use the Site and the Services for any unlawful purpose or to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
  • You will not access or use the Site and the Services to collect any market research for a competing businesses;
  • You will not upload, post, e-mail, transmit, or otherwise make available any content that:

§  infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
§  is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or
§  discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.

  • You will not “stalk” or otherwise harass another user of the Site and/or Services or any other person;
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • You agree not to engage in any of the following prohibited activities:

§  copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
§  using any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., to access theServices in a manner that sends more request messages to KnowMe’s servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that KnowMe grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from Knowmebest.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
§  transmitting spam, chain letters, or other unsolicited email;
§ attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
§  taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
§  uploading invalid data, viruses, worms, or other software agents through the Services;
§  collecting or harvesting any personally identifiable information, including account names, from the Services;
§  using the Services for any commercial solicitation purposes;
§  impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
§  interfering with the proper working of theServices;
§  accessing any content on the Services through any technology or means other than those provided or authorized by theServices;
§  create multiple accounts for you for any reason, including, without limitation, in order to obtain the same promotion multiple times; or
§  bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.

  • We reserve the right, in our sole and absolute discretion, to deny you (or any device) access to the Site and/or the Services, or any portion of the Site and/or the Services, without notice.

9.KNOWME CONTENT
Except for theEmployer Content, the Site and the Services and all materials contained therein, including, but not limited to software, text, graphics, copy, images, artwork, logos, trademarks, service marks, copyrights, sound recordings, audiovisual works, photographs, content belonging to other users, including, but not limited to, Candidate Content (as defined below) and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services (collectively referred to as the “KnowMe Content”), and all intellectual property rights related thereto, are the exclusive property of KnowMe and its licensors (including, but not limited to, other employers, Candidates and users who post content to the Services). Except as explicitly provided herein, nothing in these Terms of Service shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any KnowMeContent, or otherwise use the KnowMe Content in any way for any public or commercial purpose. Use of the KnowMe Content for any purpose not expressly permitted by these Terms of Service is strictly prohibited.

Notwithstanding anything set forth in these Terms of Service, Employer may (a)make a limited number of copies of Candidate Content, and (b) distribute such content solely internally to its employees, in each case, (a) and (b), solely to the extent necessary to promote Employer’s hiring of the Candidates to whom such Candidate Content belongs. You must retain all copyright and other proprietary notices contained in the original KnowMe Content on any copy you make of the KnowMe Content. The use or posting of the KnowMe Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of these Terms of Service, your permission to access and/or use the KnowMe Content, any access to the Site and/or the Services automatically terminates and you must immediately destroy any copies you have made of the KnowMe Content.

10. EMPLOYER CONTENT
As noted above, the Services provide Employers the ability to post and upload content including but not limited to, job description, and selection criteria (collectively, the “Employer Content”). You expressly acknowledge and agree that once you submit your Employer Content through theServices, it will be accessible by Candidates, and that there is no confidentiality or privacy with respect to such Employer Content, including, without limitation, any personally identifying information that you may make available through the Services. YOU, AND NOT KNOWME, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR EMPLOYER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SERVICES.

Except for the license provided in this Section, you retain all copyrights and other intellectual property rights in and to your own Employer Content. You do, however, hereby grant us a non-exclusive, royalty-free, sublicensable, transferable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your Employer Content as reasonably necessary to provide the Services to you under these Terms ofService.

If you submit Employer Content to us, each such submission constitutes are presentation and warranty to KnowMe that you own or otherwise have the valid right, by contract or otherwise, to grant to KnowMe the rights and licenses described in these Terms of Service, deliver to KnowMe the Employer Content and KnowMe may use the Employer Content as permitted herein without violating any applicable law, rule or regulation or infringing or misappropriating any intellectual property or moral rights of any person, and that such Employer Content does not contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.

11. COMMUNICATIONS WITH US
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information.You may choose to or we may invite you to submit comments or ideas about theServices, including without limitation about how to improve the Service or our products (collectively, the “Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place KnowMe under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, KnowMe does not waive any rights to use similar or related ideas previously known to KnowMe, or developed by its employees, or obtained from sources other than you.

12. NO WARRANTIES
NONE OF KNOWME, ITS AFFILIATES, SUBSIDIARIES, OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “KNOWME PARTIES”)ENDORSE ANY CANDIDATE, EMPLOYER, ANY CANDIDATE CONTENT OR ANY CONTENT MADE AVAILABLE BY ANY EMPLOYER THROUGH THE SERVICES. YOU ACKNOWLEDGE THAT THE SERVICES MERELY ASSIST EMPLOYERS IN IDENTIFYING CANDIDATES THAT THEY ARE LOOKING TO HIRE. NONE OF THE KNOWME PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN CANDIDATES AND EMPLOYERS OR FOR ANY RESULTS CAUSED BY USING THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY PERSONAL INJURY OR PROPERTY DAMAGE.

THE SERVICES AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.USE OF THE SERVICES, THE SITE AND THE KNOWME CONTENT IS AT YOUR OWN RISK. TOTHE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE SITE AND THE KNOWME CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION,WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KNOWME OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, NONE OF THE KNOWME PARTIES WARRANT THAT THE KNOWME CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SITE OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY KNOWME CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USEOF THE SITE AND/OR SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE ORLOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SITE OR THE SERVICES.

THE LAW IN CERTAIN JURISDICTIONS DOES NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.THESE TERMS OF SERVICE GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY ACCORDING TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS OF SERVICE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY OF THE KNOWME PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS,REVENUES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, EVEN IF SUCH KNOWME PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. UNDER NO CIRCUMSTANCES WILL KNOWME BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR EMPLOYER ACCOUNT ORTHE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE KNOWME PARTIES FOR ANYAND ALL DIRECT DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE,EXCEED, THE TOTAL FEES RECEIVED BY KNOWME FROM YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF WHICH SUCH CLAIM ARISES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TOYOU. THESE TERMS OF SERVICE GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY ACCORDING TO JURISDICTION. THE DISCLAIMERS,EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS OF SERVICE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM UNDER THESE TERMS OF SERVICE MORE THAN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION ARISES.

14. IDEMNIFICATION

  • 14.1 - You will defend, indemnify, and hold the KnowMe Parties harmless from and against any and all losses, liabilities, damages, demands, claims (including taxes), costs, payments and expenses (including any and all reasonable legal fees, reasonable costs of investigation, discovery, litigation and settlement, interest and any judgments, fines and penalties) as incurred, arising out of or in connection with any third-party claims (a) arising from or relating to (i) a violation or alleged violation of any applicable laws; (ii) your use of the Site, the Services, and/or the KnowMe Content in breach of these Terms of Service, or (iii) the Employer Content or use of the Employer Content by any of the KnowMe Parties in accordance with these Terms of Service infringing or misappropriating any intellectual property rights of, including without limitation, any copyright, trademark, trade secret, patent, privacy or publicity rights; or (b) brought against any KnowMe Party by a Candidate as a result of any of your gross negligence or willful misconduct or in relation to Employer Content.
  • 14.2 - KnowMe will indemnify, defend and hold you, your affiliates, subsidiaries or any of your or their officers, directors, employees or agents (collectively, the “Employer Parties”) from and against any and all losses, liabilities, damages, demands, claims (including taxes), costs, payments and expenses (including any and all reasonable legal fees, reasonable costs of investigation,     discovery, litigation and settlement, interest and any judgments, fines and penalties) as incurred, to the extent arising directly out of     third-party claims to the extent arising out of your use of the Services consistent with this Agreement infringing or misappropriating any intellectual property rights of, including without limitation, any copyright, trademark, trade secret, patent, privacy or publicity rights except to the extent (a) any such claim arises from your gross negligence, willful misconduct, or fraud; or (b) you are subject to indemnification obligation hereunder. The foregoing indemnification obligations in this Section 14.2 do not apply with respect to portions or components of the Services (i) not supplied by KnowMe, (ii) combined with other products, processes or materials where the alleged infringement relates to such     combination, (iii) where any of the Employer Parties continue allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (iv) where any of the Employer Parties use of the Service is not strictly in accordance with this Agreement.
  • 14.3 - The party to be indemnified (“Indemnified Party”) will give the indemnifying party (“Indemnifying Party”) prompt notice of any claim described in Sections 14.1 or 14.2 (as applicable) (but the failure to give such notice will not relieve the Indemnifying Party of any of its obligations under Sections 14.1 or 14.2 (as applicable) except to the extent the Indemnifying Party is materially prejudiced thereby), will allow the Indemnifying Party control of the defense of any such claim made against it (so long as any settlement (a) does not, without the Indemnified Party’s prior written approval, (i) involve the admission of any wrongdoing by any of the Indemnified Parties, (ii) restrict any Indemnified Parties’ future actions, or (iii) require any Indemnified Party to take any action, including the payment of money, and (b) includes a full release of all of the Indemnified Parties), and will give the Indemnifying Party reasonable assistance, at the Indemnifying Party’s expense, requested by the Indemnifying Party in writing in connection therewith. Each applicable Indemnified Party will have the right to participate in the defense of any such claim at its own expense, and such participation by such Indemnified Party will not relieve the Indemnifying Party of its indemnification obligations under Sections 14.1 or 14.2 (as     applicable).

15.EXTERNAL SITES
The Site and theServices may contain links to third-party websites (“External Sites”).These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

16. ACTIVE RECRUITING PROCESS
You hereby agree that:

  • No Active Recruiting Process (as defined below) has been in place between you and any Candidate for  ninety (90) days prior to the date on which you first interact with such Candidate through our Services. For the purposes of these Terms of Service, “Active Recruiting Process” means a continuous direct, back and forth communication between an Employer and a Candidate in an     active recruiting or hiring context where a decision to put a Candidate on hold or a decision to reject such Candidate has not been made.
  • You will promptly inform us if  your Job Offer is accepted by a Candidate and also provide us with a copy of the written, accepted Job Offer. If there is no written Job Offer or if other details are needed by KnowMe in its sole discretion to verify compensation, then you must provide us the details of the engagement as     requested by us, including but not limited to the scope of the role,     remuneration and other terms of the engagement. This may include for  example pay rate verification taken from your payroll system.
  • You will promptly notify us if  the Candidate’s employment does not commence or is terminated within ninety (90) days from the start date that you agree to with the Candidate.
  • You will use any content including but not limited to, resume / CV and job preferences submitted by the Candidate (collectively, the “Candidate Content”) in accordance with Section 17 of these Terms of Service.
  • You will not disclose the names and identities of any Candidates listed in any Showcase outside of your recruiting or hiring department.
  • You will take appropriate physical, technical and administrative measures to protect Candidate Content from loss, misuse, unauthorized access, disclosure, alteration or destruction.
  • You will not attempt to circumvent our Services by independently attempting to communicate and hire any of the Candidates through alternative means after discovering such Candidates through our Services.

17.DATA SECURITY OBLIGATIONS
You will:

  • maintain, monitor and enforce a comprehensive written data security program and only Process (as defined below) Candidate Content in compliance with these Terms of Service and all     applicable laws, regulations, government standards, industry standards, and best practices pertaining to privacy, data Processing, data protection, data security, encryption, and confidentiality (collectively, “Applicable Processing Laws”). As used in these Terms of Service, “Process” means to obtain, have access to, organize, copy, alter, use, disclose, store, erase, destroy or any other form of processing.
  • You will maintain, monitor and  enforce a data loss prevention automated program designed to detect and block data transfers of Candidate Content, if such transfers do not comply with this these Terms of Service.
  • You will use your data security program to maintain, monitor and enforce reasonable organizational, administrative, technical and physical safeguards to protect the security, integrity, confidentiality and availability of Candidate Content, including to protect against: (a) any and all anticipated threats or hazards, and (b) any and all accidental, unauthorized or unlawful Processing, loss, or other compromise of Candidate Content (each, a “Security Incident”). You will promptly remediate all Security Incidents. You agree to provide prompt notice to KnowMe in the event of a Security Incident.
  • You will provide KnowMe with prompt written notice of any material modification to the process, method or means by which Candidate Content is processed (including any geographic change).
  • Except as expressly permitted in these Terms of Service, you will not remove or transfer any of the Candidate Content outside of the Site and/or Services.

18.COPYRIGHT COMPLAINTS
KnowMe respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws.Our designated agent under the Digital Millennium Copyright Act (the “Act”) and any other like legislation for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:      
   
KnowMe Inc.
ATTN: Copyright Agent
6935 Aliante Pkwy, Suite 104-473
North Las Vegas, NV 89084

If you believe that your work has been copied on the Site and/or the Service sin a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (a) a description of the copyrighted work that has been infringed and the specific location on the Site and/or the Services where such work is located; (b) a description of the location of the original or an authorized copy of the copyrighted work; (c) your address, telephone number and e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (e) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.19.MISCELLANEOUS

  • These Terms of Service will inure to the benefit of our successors, assigns and any licensees, and sublicensees, if applicable. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned     by KnowMe without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
  • You agree that we are not  responsible to you for anything that we may otherwise be responsible for, that may be caused by reasons beyond our reasonable control including, but not limited to, acts of God, earthquakes, war, insurrection, riots, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal     disruption, communication disruption, or failure or shortage of     infrastructure.
  • These Terms of Service will be governed by and construed in accordance with the copyright laws of the jurisdiction in which the Services are performed and the internal law of the State of Nevada, without regard to the conflicts of law principles thereof, and any action brought in relation to this Agreement will be brought in a Federal or State court in Clark County, Nevada. Each party     waives any right to trial by jury with respect to any dispute, suit,     action or proceeding arising out of or relating to this Agreement or     otherwise relating to the relationship of the parties, whether in contract, tort or otherwise. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply.
  • No waiver of any term of these  Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and KnowMe’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
  • These Terms of Service, together with any amendments and any additional agreements you may enter into with KnowMe in connection with the Service, shall constitute the entire agreement between you and KnowMe concerning the Service. If any provision of these Terms of Service are deemed invalid by a court of     competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. Notwithstanding the foregoing or anything else in these Terms of Service, the terms of these Terms of Service that by their terms are perpetual or are otherwise intended to survive these Terms of Service will survive the termination or expiration of these Terms of Service.
  • The section headings in these Terms of Service are provided merely for convenience and shall not be given any legal import.
  • Please contact your Account Partner with any questions regarding these Terms of Service.