Last Revised July 23, 2018
Purpose of Site
The information and services offered on or through this Site are provided solely for general business information, do not constitute background checks, verification of qualifications, guarantees of fit or other advice to determine an individual’s fit and/or eligibility for a particular role or employment opportunity. YOU ACKNOWLEDGE AND AGREE THAT ACORN MERELY PROVIDES A TECHNOLOGY PLATFORM AND IS NOT RESPONSIBLE FOR HIRING DECISIONS. Acorn will not be held liable for any employment decisions that you make. Any information used from the Site with regards to employment decisions is solely the responsibility of the person or person’s making the employment decisions for you. Acorn offers no guarantee for employee success.
Use of Site
By logging in and accessing the Site and by accepting our performance of Services, you represent that
(2) you are of legal age to form a binding contract with Acorn, and
(3) you have the authority to enter into the Terms of Service personally or on behalf of the company or other organization you have named as the user, and to bind that entity to these Terms of Service. In the event you are agreeing to these Terms of Service on behalf of a company or organization, “you” and “your” will refer to the entity you are representing.
Notwithstanding anything to the contrary herein, you agree not to:
- Upload, post or otherwise transmit any portion of the Site on, or provide access to any portion of the Site through, the Internet, any bulletin board system, any electronic network, any list servers or any other sharing arrangement;
- Provide, disclose or transmit any portion of the Site to any direct or indirect competitor of Acorn;
- Modify, merge, decompile, disassemble or reverse engineer any portion of the Site;
- Make use of “framing” or other means of redirecting content;
- Use, reproduce, publish or compile any information from the Site for the purpose of selling or licensing such information or making such information publicly available;
- Copy or use the look and feel of the Site; or
- Use any portion of the Site in a manner that would violate any U.S., international, state or local law, regulation, rule or ordinance, including real estate practice, spam and privacy laws.
You agree that you will not post anything to or via the Site that:
- Is defamatory, libelous, abusive, or obscene, such as anything that encourages conduct that would constitute a crime, create civil liability, or otherwise violate any applicable local, state, federal, or international law;
- Is knowingly inaccurate;
- Infringes on the copyright or any other proprietary right of anyone;
- Would invade the privacy of any other person;
- Is intended to advertise to or solicit others without our express permission;
- Constitutes charity solicitations, chain letters, or pyramid schemes;
- Contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or
- Does not generally pertain to the designated topic or theme of the Site.
You also expressly agree that you will not:
- After receiving warning, continue to post anything that we have advised you not to post;
- Create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the user on the Site or the origin of any information;
- Post, generate or disseminate so-called “spam” or mass-mailings;
- Harvest or otherwise collect or store information about others, including email addresses, without their consent;
- Interfere with or disrupt networks connected to the Site, or used for purposes of delivering anything related to the Site (or violate the regulations, policies or procedures of such networks);
- Use any automatic queries, including without limitation, any screen or database scraping, spiders, robots, crawlers or any other automated activity with the purpose of obtaining information from the Site;
- Attempt to gain unauthorized access to restricted areas of the Site, other accounts, computer systems or networks connected to the Site, through password mining or any other means;
- Interfere with another of our user’s use and enjoyment of the Site; or
- “Stalk” or harass any person through use of the Site.
Ownership and Confidentiality
You acknowledge that Acorn and its licensors have and shall retain exclusive ownership of all proprietary rights to the Site, the content in the Site (other than as expressly excluded in Submitted Content below), the look and feel of the Site, and the assessments that we perform, including (but not limited to) radar charts of strengths and peer comparisons; including all U.S. and international intellectual property and other rights such as patents, trademarks, copyrights and trade secrets. This is not an agreement for sale. You shall have no right or interest in any portion of the Site except the right to use the Site as set forth herein. The Site employs various trademarks and service marks of Acorn and of other third parties. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.
You acknowledge that the Site, including, without limitation, the content in the Site, the methods used to assess and compare candidates, and the “look and feel” of the Site, constitutes the valuable property and confidential copyrighted information of Acorn and its licensors (collectively, the “Proprietary Information”). You agree to (a) comply with all copyright, trademark, trade secret, patent, contract and other laws necessary to protect all rights in the Proprietary Information, (b) not challenge Acorn’s and its licensor’s ownership of (or the validity or enforceability of their rights in and to) the Proprietary Information, and (c) not remove, conceal, obliterate or circumvent any copyright or other notice or license, use or copying technological measure included in the Site. Without Acorn’s consent, you may not use or reproduce any trademark, service mark or trade name of Acorn.
You agree to treat all Confidential Information in a secret and confidential manner and agree not to reproduce or copy any of such Confidential Information without Acorn’s prior written consent. You further agree that you will not use or disclose any Confidential Information in any manner other than as set forth below under Permitted Uses, provided, that you agree not to disclose any of the Confidential Information to any third party unless such third party has entered into a confidentiality agreement with respect to such Confidential Information. You agree that, upon termination of this agreement for any reason, you will promptly deliver to Acorn all Confidential Information and all copies thereof that are in your possession or control.
- Microsoft Internet Explorer 11+/Edge, Safari 10+, Mozilla Firefox 50+, Google Chrome 40+.
- Supported Operating Systems:
- Windows 7, 8.1 and above, Mac OS X 10.10 Yosemite and above.
In the course of using the Site, you may provide Acorn with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Site (collectively, “Feedback”). You hereby grant Acorn a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.
Modifications to the Site
Acorn is continuously updating and changing the Site, and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Acorn shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any part thereof).
Definition and Use: This Site may include opportunities for users to submit information, data, text, photographs, images, graphics, and other content to the Site (“Submitted Content“). Acorn acknowledges that if you provide Acorn with Submitted Content, then you retain any applicable ownership rights that you may have with respect to such content. However, you understand that all such Submitted Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. This means that you, and not Acorn, are entirely responsible for all such content that you upload, post, e-mail or otherwise transmit to or via the Site. Acorn is under no obligation to post or use any such Submitted Content you may provide and may remove any such content at any time in Acorn’s sole discretion.
With respect to all Submitted Content you elect to upload, post, e-mail or otherwise transmit to or via the Site, you agree that:
1. Acorn may provide such Submitted Content to the individuals and companies specified by you or your agents; and
2. Acorn may store and provide backup copies of such Submitted Content.
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 initiate any initial interaction with any Candidate exclusively through the Services. Further communication may take place outside of our Services only after you send out the Interview Request and such Interview Request is accepted by the Candidate.
- You will promptly inform us if your Job Offer is accepted by a Candidate and also provide us with the signed Job Offer or the details of the engagement including but not limited to the scope of the role, remuneration and other conditions of employment.
- 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.
Violation of these Terms of Service
Acorn reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent permitted under the law. Acorn may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Acorn has no obligation to pre-screen or monitor your access to or use of the Acorn Site or any information, materials or other content provided or made available through the Acorn Site, but has the right to do so. You hereby agree that Acorn may, in the exercise of Acorn’s sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.
Representations: You represent and warrant that (a) you own or have the full right, power and authority to grant to Acorn use of and rights in and to all Submitted Content that you upload, post, e-mail or otherwise transmit to or via the Site; (b) your license of such content to Acorn hereunder does not, and the use or license of such content by Acorn to third parties will not, infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such content.
YOU ACKNOWLEDGE AND AGREE THAT THE TRANSMISSION AND STORAGE OF DATA AND SUBMITTED CONTENT MAY NOT BE SECURE. YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY DATA STORED OR SENT THROUGH THE SITE.
Limitation of Liability
WHILE ACORN AND ITS LICENSORS AND SUPPLIERS ATTEMPT TO INCLUDE ACCURATE AND COMPLETE CONTENT IN THE SITE AND AN ERROR-FREE SITE, OCCASIONAL ERRORS OR OMISSIONS MAY OCCUR IN THE SITE. NEITHER ACORN NOT ANY OF ITS LICENSORS OR SUPPLIERS CAN MAKE ANY REPRESENTATION REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED OR THE ERROR-FREE NATURE OF THE SITE.
YOU ACKNOWLEDGE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACORN AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, CONTRACTORS AND EMPLOYEES (COLLECTIVELY, THE “ACORN PARTIES”) WILL NOT BE HELD LIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO (a) ANY FAULTS, INTERRUPTIONS OR DELAYS IN THE SITE, (b) OUT OF ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION OR FORMULAS CONTAINED IN THE SITE, (c) THE ERROR-FREE NATURE OF THE SITE, (d) ANY USE OF THE SITE, OR (e) ANY RELIANCE ON THE INFORMATION CONTAINED IN THE SITE, REGARDLESS OF HOW SUCH FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL ACORN 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 OR THE INFORMATION CONTAINED THEREIN.
Disclaimer of Warranties
THE SITE AND ALL PARTS THEREOF ARE PROVIDED ‘AS IS’, ‘WITH ALL FAULTS’, AND ‘AS AVAILABLE’ BASIS AT YOUR SOLE RISK AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. THE ACORN PARTIES EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, WORKMANLIKE EFFORT, QUIET ENJOYMENT AND NO ENCUMBRANCES OR LIENS, (2) THE QUALITY, RELIABILITY, PERFORMANCE, ACCURACY, TIMELINESS, AVAILABILITY OR COMPLETENESS OF THE SITE, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, (4) THE SITE CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY ACORN PARTY, AND (5) THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
Procedure for Making Notification of Claims of Copyright Infringement
NOTICE — U.S. Government Rights/Commercial Technical Data and Software Unpublished, Rights Reserved Under the Copyright Laws of the United States
Except as set forth in the preceding sentence, or as otherwise authorized by Acorn in writing, links to and the framing of this Site or any of its content is prohibited. 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 under no circumstances shall Acorn be deemed to be associated or affiliated with, or viewed as endorsing or sponsoring, any website that links to this Site, or is linked to from this Site, or any services that may be offered through such websites. Acorn has not reviewed any or all of the content of such other websites, and we disclaim responsibility for the content and services available therein. Different terms and conditions may apply to your use of any linked sites. It is your responsibility to review any such terms and conditions in connection with your use of any such 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. Any issues or disputes that may arise with respect to any such sites shall solely be between you and the applicable third party.
Some areas of this Site use and require that your computer accept “cookies.” Cookies are small text files that are stored on your computer to keep track of settings or data for a particular web site. Cookies make it possible and easier for you to access and use certain areas of this Site. If you have disabled cookies from within your browser, or if you are running third-party software that intercepts or deletes cookies, you may not be able to visit certain areas of the Site.
Relationship Between the Parties. The relationship between you and Acorn is that of independent contractors, and neither party is the employee or agent of the other.
Notices. All notices given hereunder will be in writing, delivered personally or mailed by registered or certified mail, return receipt requested, or delivered by overnight carrier. Notices to be delivered to you shall be delivered to your registration address on file with Acorn. All notices to Acorn shall be delivered to the address set forth below or to such other address as Acorn shall provide from time to time:
Acorn Experts LLC
16 W Cobble Hill Road
Loudonville, NY 12211
All notices will be deemed given if delivered personally, on the day of delivery, if mailed by registered or certified mail, three days after the date of mailing, and if delivered by overnight mail, one day after mailing
Force Majeure. Neither party shall have any liability for any damages resulting from any failure to perform any obligation hereunder or from any delay in the performance thereof, excluding payment options, due to causes beyond the other party’s control, including industrial disputes, acts of God or government, public enemy, war, fire, other casualty, failure of any link or connection whether by computer or otherwise, or failure of technology or telecommunications or other method or medium of storing or transmitting the Site.
Remedies. You acknowledge that in the event of a breach of any of these terms by you, Acorn may suffer irreparable harm and shall be entitled to injunctive relief (without the necessity of posting a bond) as well as all other monetary remedies available at law or in equity.
Waiver. The failure of any party at any time to require full performance of any provision hereof will in no manner affect the right of such party at a later time to enforce the same.
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