Advocate Terms of Use

This is important stuff! Find out exactly what responsibilities you agree to comply with when using our platform and how we’ll work with you.

Introduction

Hi there! Thanks for coming to check out HireInfluence, a socially integrated website (the Site is located at www.HireInfluence.com and operated by HireInfluence, Inc.) for establishing, managing, and optimizing online marketing campaigns. We provide a web-based platform that leverages social media to match qualified social media users or bloggers (we call these folks Advocates… get it?) who have mass audiences to engage with companies, brands, or individuals (called Clients) seeking to promote products, services, candidates, causes, or events. Through those interactions, Advocates can get Opportunities – compensation for creating and sharing promotional material on their blogs or Social Media Networks.

On the HireInfluence Platform, each Advocate creates a Profile – a personalized online display of videos, photographs, text, sounds, music, data, information, resumes, profiles, writing samples, communications… basically, anything that the Advocate wants to feature about themselves and their networks or blogs. (We call all that stuff Content.) Advocates provide Content for their Profile themselves and let us take it directly from their blogs or social media networks. We then provide a searchable database of Advocate Profiles on the HireInfluence Platform, through which Clients can locate and identify Advocates and their readers or networks in order to find those Advocates whose audiences fit their marketing campaign needs. Advocates can create a Profile whether or not they want to receive Opportunities, but, by using HireInfluence, we assume you’re primarily interested in using the HireInfluence Platform to earn by participating in Opportunities.

Cool, huh? We think so… but, like any website service, there’s some legal stuff you should know before getting involved. That’s what these Terms of Use are for – they set forth the legally binding conditions that govern your use of the Site, the HireInfluence Platform, and our Services.

The Terms of Use are an agreement between us and you, either individually, or, if you represent a company or other entity, that company or entity. Some of our Services may have their own additional guidelines, terms, or rules; when that’s the case, we’ll make them available to you before you use any of those Services. Those additional guidelines, terms, and rules only apply to those particular Services, but consider all that stuff incorporated by reference into these Terms of Use that you’re reading right now.

Heads Up! This is Important:

Before accessing or using HireInfluence or our Platform or Services, you must agree to these Terms of Use, which include all the conditions below, our Privacy Policy, and other policies that may be made available or are referenced herein. These Terms of Use have full force and effect while you use the Platform, and you are responsible for complying with them, so please read this document carefully. If you disagree with any of the Terms of Use, or lack the qualifications needed to agree to them, we don’t want you to access or use the HireInfluence Platform… so don’t!

If, on the other hand, you access the Site or use the HireInfluence Platform or click a digital acknowledgment that you accept and agree to these terms, you’re telling us that you – on behalf of yourself individually or the entity that you represent – have the right, authority, and capacity to agree to these Terms of Use and perform their obligations. You’re telling us that you’ve read the Terms of Use and that you agree to be bound by them. If you move forward with using HireInfluence, you agree that these Terms of Use set out binding legal obligations for you.

Contingent on that agreement, we will grant you the rights and licenses described herein. Any future release, update, or addition to the Platform will also be subject to these (or the then-current) Terms of Use. Advocates — Welcome to HireInfluence!

Definitions

Throughout the Terms of Use and Privacy Policy we’ll be using certain words or phrases, and it is important that you understand exactly what we mean when we use them. Here are some of the more important definitions of words and phrases in these policies:

You or your refer to, well, you, as in the person who is being presented these policies for your consent.

We, us, our, or HireInfluence refer to HireInfluence, Inc., the owner and operator of the Site and the Platform and Services provided by HireInfluence.

Advocates refer to social media users or bloggers with abundant contacts, readers, friends, or followers within their Social Media Networks. An Advocate’s goal within the HireInfluence Platform is to identify paying Opportunities for which they qualify based on demographics, geography, and social media reach.

Clients refers to companies, brands, or individuals that want to promote a product, service, candidate, cause, or event through the HireInfluence Platform.

Advocate Sampling is a HireInfluence service that allows you to launch a new product or increase awareness and buzz of existing products by putting them in influential hands with a managed review Campaign.

Advosearch is a HireInfluence service that gives you self-serve access to the HireInfluence Advocate database to find contacts for personal outreach or other Campaign needs.

Advowire is a HireInfluence service that is an automated environment for large-scale brand exposure through social media updates from targeted influencers (Advocates). Think pay-per-click meets social media.

Ambassador Groups is a HireInfluence service that allows you to build an in-house group of loyal brand enthusiasts to reach out to with new products to share, specials to announce, or programs to promote.

App or Mobile App refers to the forthcoming HireInfluence application designed for mobile devices such as smartphones and tablets.

Beta Testing Trials is a HireInfluence service that allows you to get the invaluable early-adopter input, UX testing feedback, and buzz generation needed to ensure a successful website, app, or service launch.

Campaign refers to the Client’s promotional efforts with regard to a particular company, brand, product, service, candidate, cause, or event.

Campaign Specifics refers to the information submitted by the Client to us, such as Campaign title, brand logo, Campaign goals, Campaign description, and advertising target.

Community Building is a HireInfluence service that allows you to quickly build a community of fans, likes, and followers on any or all Social Media Networks in a genuinely targeted and cost-effective manner.

Content refers to all information submitted by you to us, such as photographs, videos, text, sounds, music, resumes, profiles, writing samples, messages, brand logos, and Campaign Specifics.

Cookies refers to small files, containing text or a string of characters, that identify the user of a website and are sent by the website to the user’s computer for recordkeeping purposes.

Custom Landing Pages is a HireInfluence service that refers to professional, branded, conversation-driven landing pages to increase campaign return on investment. A/B testing, surveys, and contents are all available options.

Financial Information refers to information associated with your financial accounts, such as your credit card number, debit card number, PayPal email address, and checking or banking account number.

The HireInfluence Platform refers to the combination of the Site, App, and Services offered on the Site and through the App.

Lead Generation is a HireInfluence service that refers to an all-inclusive campaign that leverages the established networks of powerful, niche-focused social media users (Advocates) to drive qualified leads and traffic.

An Opportunity refers to an opportunity to receive compensation for making your Social Media Networks available to Clients.

Personal Information refers to information such as your contact information, including your name and email address; passwords used to access the Site; a Client’s logo; and personally identifiable information (“PII”). PII is information that can be used to distinguish or trace your identity, such as your name or social-security number, either alone or when combined with other personal or identifying information that is linked or linkable to you, such as date and place of birth, mother’s maiden name, mailing and home address, e-mail address, gender, IP address, driver’s license number, telephone number, screen name or online handle, or credit card information. Personal Information also includes information collected about an Advocate’s Social Media Contacts, such as age, location, and demographics.

Profile refers to an Advocate’s personal online display of the Content that they have submitted to or permitted to be displayed on the Site.

Services refers to all of the products, widgets, websites, and services – including AdvoWire, Traffic Boost, Lead Generation, Custom Landing Pages, Community Building, Advocate Sampling, Beta Testing Trials, Ambassador Groups, and AdvoSearch – offered by HireInfluence or its subsidiaries or affiliated companies.

A Share refers to an instance of an Advocate posting about, blogging about, or otherwise promoting a company, brand, product, service, candidate, cause, or event that the Client seeks to have promoted.

The Site refers to HireInfluence.com, the website owned and operated by HireInfluence, Inc.

Social Media Contacts refers to an Advocate’s friends and followers on various Social Media Networks.

Social Media Networks refers to those social media websites – such as Twitter, Facebook, LinkedIn, and Pinterest – to which an Advocate allows HireInfluence access.

Traffic Boost is a HireInfluence service that allows you to create an all-inclusive campaign focused on increasing targeted consumer awareness and putting brands in the social spotlight with an assist from expertly sourced and validated Advocates.

Applicable Terms

Privacy

Please see our Privacy Policy http://info.HireInfluence.com/advocate-privacy-policy/ for information concerning our data-protection practices and how your personal information will be collected and used. By creating an account with HireInfluence and agreeing to the Terms of Use and Privacy Policy, you are consenting to our practices regarding the collection, use, and disclosure of your personal information.

Use of the HireInfluence Platform

By creating an account with HireInfluence, you agree that all information you submit to us is accurate and truthful. Assuming that everything you’ve given us is cool with these Terms of Use, we then grant you a revocable, non-exclusive license to access our Platform and use our Services – go ahead and create a Profile, upload Content to your Profile, communicate with Clients, send us your feedback and suggestions (much appreciated!), and so forth. (Once you have created an account, we also reserve the right to clue you in to special offers for third-party services and products we think you’d be into… but don’t freak, if we’re wrong or you just don’t want to be bothered, you can always opt out.) You get to decide whether or not your Profile can be searched and accessed by Clients interested in including you in an Opportunity.

Just so we’re clear on this, HireInfluence is not required to host, display, or prescreen – other than anything that we produce or generate ourselves – any Content on the HireInfluence Platform. HireInfluence is not an agent for you or Clients, and no agency relationship should be implied just from people using our Platform. You are solely responsible for the Content that you transmit on the HireInfluence Platform and any consequences that result from doing so.

By posting Content to the HireInfluence Platform, you represent and warrant that you have all necessary licenses and associated patent, trademark, copyright, trade secret, and other rights to use (and therefore authorize us to use) the Content on the HireInfluence Platform. You also represent and warrant that you have the consent, release, or permission of each identifiable person in the Content to use their names and likenesses. Subject to and in accordance with these Terms of Use, you hereby give HireInfluence a perpetual, irrevocable, nonexclusive right to – anywhere in the world and without any requirement for the payment of royalties – use, reproduce, sub-license (through multiple levels of sub-licensees), modify, publish, edit, translate, distribute, display, and create derivative works from your Content in any media, medium, form, format, or forum now known or hereafter developed for any legal purpose whatsoever.

Acceptable Conduct and Content

Trust and respect are key values embraced by HireInfluence. Our Clients need to have confidence that our Advocates are verified as able to reach the “trust zone” of the Clients’ target audience. Meanwhile, Advocates must have trust in the Opportunities and the products, services, candidates, causes, and events that our Clients seek to promote.

To foster all this necessary trust, both Advocates and Clients have to provide us with accurate and truthful information. Furthermore, all HireInfluence users have to respect the intellectual property rights of others. We will not tolerate the dissemination of information into the online social sphere that does not respect, or may infringe on, the rights of others, or be deemed offensive, injurious, discriminatory, prejudiced, or bigoted.

Accordingly, the rights and licenses associated with using the HireInfluence Platform are granted to you with the understanding that you will NEVER:

  • Harvest, collect, gather, or assemble information or data (including e-mail addresses) regarding other users without their and our consent;
  • Harass or interfere with anyone else’s use and enjoyment of the HireInfluence Platform, i.e., engaging in defamation, libel, fraud, threats, or the infringement of privacy;
  • Tortiously injure other users of the Platform;
  • Upload, transmit, display, or distribute any offensive, discriminatory, obscene, vulgar, harmful, pornographic, or objectionable Content;
  • Remove or destroy any copyright, trademark, patent, or other proprietary or intellectual property markings or notices contained on or in the HireInfluence Platform, or otherwise use the HireInfluence Platform to infringe any patent, copyright, trademark, trade secret, or other of the intellectual property or proprietary rights of HireInfluence or third parties that we’ve authorized to use the HireInfluence Platform;
  • Provide false or fraudulent information when setting up a Profile;
  • Purchase or create fake or false social media contacts or social media network followers;
  • Set up a Profile for illegal or nefarious purposes; or
  • Upload, post, e-mail, transmit, or otherwise make available any unauthorized advertising, promotional materials, bulk messages, or other forms of solicitation.

We may, at any time and without giving you any heads-up or notice, refuse, edit, or remove any Content that we consider to be harmful, illegal, misleading, libelous, threatening, offensive, disruptive, inappropriate, or in violation of these Terms of Use. To safeguard our key values, please send any complaints regarding the conduct of other users to admin@hireinfluence.com.

HireInfluence does not, however, control or generate the Content on our Platform or used in our Services. We are not responsible for, and we make no representations about Content in any Profile, or its quality, truthfulness, accuracy, safety, or legality. We do not ensure that Content is accurate, safe, complete, current, or in compliance with any rule, regulation, or law (including those that have to do with intellectual property). Nor do we make any representations about any Advocates or their Profiles.

We don’t endorse any Content or any opinion, recommendation, or advice expressed therein, and those things never represent the views or opinions of HireInfluence. When using the HireInfluence Platform, you will be exposed to Content from a variety of sources, and there’s a chance it might be inaccurate, offensive, indecent, or objectionable. Because you fully understand all this, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect to Content that, rightly or wrongly, rubs you the wrong way.

Service Eligibility

You must be at least 18 years old to access or use the HireInfluence Platform, or accept these Terms of Use.

Posting Your Content and Shares

When you provide Content or share via your blogs and social media networks, you agree that HireInfluence is not responsible for the Content you post or for your compliance, or your lack of compliance, with various terms and conditions of using your blogs and social media networks. You further agree to indemnify and hold harmless HireInfluence for all loss, claims, causes of action and costs and expenses associated with or arising from your improper posts of Content, including but not limited to attorneys’ fees, court costs, and any potential verdict or settlement resulting from such use.

Pursuant to Federal Trade Commission (FTC) regulations regarding advertising, HireInfluence will automatically digitally alter your Share or post signature to comply with FTC required disclosures. You must not alter the changes we make to your Share, or you will be violating federal law.

Registration and Account Security

As an Advocate, you will be asked to provide some personal information when registering with HireInfluence and creating your Profile. During this process, you agree to:

  • Provide accurate personal information;
  • Allow your Profile to be verified as discussed herein;
  • Review and consent to our Privacy Policy;
  • Confirm that you are 18 years of age or older;
  • Comply with applicable laws, including those concerning privacy, intellectual property, and regulatory compliance; and
  • Use HireInfluence in a respectful manner.
  • In addition, you are responsible for safeguarding your unique HireInfluence password and will be held responsible for all activity to and from your account – including unauthorized submissions.. If you discover or believe that your account has been accessed or used without your authorization, please contact us at admin@hireinfluence.com.

    Verification

    Because HireInfluence provides paid opportunities for Advocates and a brand multiplier for Clients, we seek to verify the authenticity of you and your Profile, and take affirmative steps to reduce fraudulent activity (e.g., creating fake accounts within our system, or buying social media contacts, then leveraging that reach to make more dollars per Opportunity). To ensure that all users have a good experience on our Platform, we may use a combination of up to four different verification tools, including:

    • Random Profile spot checks;
    • Telephone and geographical verification through third-party provider Twilio.com;
    • StatusPeople (found at statuspeople.com), which differentiates between active, inactive, and fake social media contacts within an Advocate’s network; and
    • An optional certification process, performed by Social Intelligence Corp. (www.socialintel.com), that Advocates may elect and pay for to provide additional proof of the authenticity of their social media networks, and thereby improve the trustworthiness and visibility of their Profiles.

    Access to HireInfluence Technology

    We’ve put a lot of effort into developing the Site, Services, and our Platform, and we consider them valuable trade secrets of ours – including the databases, software, hardware, structure, organization, systems, and underlying data and information (all neatly summed up as the “Technology”). Except as expressly provided in these Terms of Use, you agree to not, and not allow any third party to:

    • Access or attempt to access the Technology by any means other than through the HireInfluence user interface;
    • Attempt to circumvent or overcome any protection measures intended to restrict access to any portion of the HireInfluence Platform or Technology;
    • Monitor the availability, performance, or functionality of the Technology;
    • Use the Technology unlawfully, or (except with our consent) in any manner that could damage, disable, overburden, or impair it;
    • Interfere with the operation or hosting of the HireInfluence Platform or Technology, including but not limited to violating or attempting to violate any security feature, place malware or similar harmful code into the Platform or Technology, or link to websites or other applications that contain malware or similar harmful code;
    • Overload, overwhelm, or carry out a denial-of-service attack on, or otherwise prohibit the proper function of, the HireInfluence Platform or Technology;
    • Interfere with, disrupt, or create an undue burden on the servers or networks that host the HireInfluence Platform, or violate the regulations, policies, or procedures of such networks;
    • Introduce software, automated agents, or scripts to the HireInfluence Platform or Technology so as to produce multiple accounts; generate automated searches, requests, or queries; or access, collect, intercept, strip, scrape, or mine information or data from, or in transit to or from, the HireInfluence Platform, including any software that reads areas of RAM or streams of network traffic;
    • Systematically retrieve data or other Content from the HireInfluence Platform to create or compile a collection, compilation, database, or directory, whether by manual methods, web robots, or otherwise;
    • License, sublicense, sell, rent, convey, pledge as security, lend, loan, lease, transfer, assign, reproduce, or distribute to a third party the HireInfluence Platform, Technology, or your rights to either, or otherwise encumber the rights and licenses granted hereunder;
    • Copy, republish, download, display, post, save, disclose, modify, store, co-brand, alter, or transmit in any form or by any means any part of the HireInfluence Platform or Technology, or create compilations or derivative works of the HireInfluence Platform or Technology or any part thereof;
    • Dissemble, decompile, reverse-compile, translate, adapt, reverse-engineer, or otherwise attempt to derive any part of the HireInfluence Platform or Technology or its method of operation;
    • Access the HireInfluence Platform or Technology in order to build similar or competitive websites, platforms, or services; or
    • Use, display, mirror, or frame any part of the HireInfluence Platform or Technology, including archives, layout, design, or proprietary information contained therein or on any related webpage or form without our express written consent.

    You are responsible for obtaining access to the HireInfluence Platform and for having all the equipment necessary to do so, even if that means you incur fees from a third party (such as an Internet Service Provider), including telephone, equipment, airtime, or Internet Service Provider charges. (We’ll often provide free access to our Platform for employees, independent contractors, or agents, though.)

    Intellectual Property and Proprietary Rights

    The Technology and the materials, information, and Content (including all text, graphics, and images) made available or displayed by us on the HireInfluence Platform, or through our Services, are owned and copyrighted by us and our authorized licensors, and are subject to intellectual property and proprietary rights and laws of the United States, European Union, other foreign jurisdictions, and international conventions. The design of the HireInfluence Platform, along with HireInfluence-created text, scripts, graphics, interactive features, and the trademarks, service marks, logos, and trade names contained therein, are owned by or licensed to HireInfluence, and are protected by copyright and property rights laws.

    Except for the limited licenses that we’ve provided herein, we reserve the right, title, and interest in the Technology and HireInfluence Platform, and all implied licenses are disclaimed. You agree to not engage in the use, copying, or distribution of anything contained within the HireInfluence Platform unless we have given you express written permission. Other trademarks, service marks, or trade names that may appear on or in the HireInfluence Platform are the property of their respective owners.

    Connections and Interactions With Other Users

    While using HireInfluence, you will likely have interactions with other users or third parties that you may encounter through the HireInfluence Platform. You are solely responsible for these interactions and any liability incurred as a result of them, though we reserve the right – without any obligation to do so – to intercede in any disputes. You understand that we make only a limited inquiry into the backgrounds of our Advocates and do not attempt to verify each and every representation and statement made by them, nor do we make any representations or warranties as to their conduct. Just because someone uses our Platform does not mean that we endorse them in any way, and no endorsement should be deemed, implied, or inferred.

    Links

    We might link to third-party websites, but we have no control over, and are not responsible for, them or how they use your Personal Information. We do not endorse, recommend, or vouch for their security, either. We recommend that you review those websites’ terms of service and privacy policies before accessing and using them or their services.

    Advocates may also be able to post third-party links in their Content. We do not monitor the posting of those links and we’re not responsible for them. Please exercise caution when clicking on such links, as they may cause harm to your computer.

    Use Outside the Borders the United States

    Although HireInfluence intends for our Advocates to be located within the United States of America, our Platform can be accessed worldwide and may contain Shares of or references to information that extend beyond the United States’ territorial boundaries. While your personal information will be processed in conformance with our Privacy Policy and these Terms of Use, our processing and handling of your personal information may occur in countries with different laws as regards to your privacy. By using HireInfluence and providing any personal information, you consent to the transfer of electronic data and personal information from your country to a country that may have different privacy laws. In other words, to be an Advocate, your residence should be physically located within the United States, but your personal information and electronic data may leave the territorial boundaries of the USA when you use our Site and the HireInfluence Platform.

    Using our Platform in other locations may not be appropriate given foreign laws and regulations. If you use our Services outside of the United States, you are responsible for complying with those foreign laws and regulations.

    Policies Regarding Use and Storage

    You agree that HireInfluence has no responsibility or liability for the deletion of or failure to store any Content that you submit to us. Even if we haven’t yet established a maximum amount of storage space that we dedicate to each Advocate, we reserve the right to do so whenever we want. As discussed below, upon the termination of your use of the HireInfluence Platform (including upon receipt of a legal document that, sadly, confirms your death), HireInfluence will shut down your account and you will no longer have access to it.

    Interruption of our Services

    We are constantly trying to improve the quality of the HireInfluence experience. To that end, we reserve the right to interrupt, modify, suspend, discontinue, or add to our Platform without notice. We obviously hope that these interruptions are minimal, but, by consenting to these Terms of Use, you agree that HireInfluence won’t be liable to you or to any third party for the interruption, modification, suspension, discontinuance, or addition to our Platform.

    Termination

    You have no ownership rights in your account or Profile, and we reserve the right to, at our discretion, terminate or suspend your access to the HireInfluence Platform at any time without explanation – especially if we believe that you have used the HireInfluence Platform in violation of or inconsistently with these Terms of Use, tsk tsk! (That said, in most cases we will try to provide a timely explanation for the termination or suspension.) If you wish to terminate your agreement to these Terms of Use or cancel your HireInfluence account, you are solely responsible for taking all appropriate steps to make that happen. Upon termination, suspension, cancellation, or expiration of any party’s agreement to these Terms of Use, all rights and subscriptions granted to you by them (including the right to access and use the HireInfluence Platform) are also terminated, and you must immediately cease all use of and access to our Platform.

    Cancellation, expiration, suspension, or termination may result in the immediate deletion of any Content that you have submitted to us. HireInfluence has no liability whatsoever for any termination of this agreement to the Terms of Use, including the termination of your account or deletion of your Content. All provisions of these Terms of Use that, by their nature, should be considered as surviving cancellation, expiration, suspension, or termination may do so, including, without limitation, those regarding definitions, ownership, warranty disclaimers, indemnity, data privacy, governing law and venue, and limitations of liability.

    Mobile and Other Devices

    HireInfluence will be launching a nifty Mobile App in the coming weeks. Stay tuned for this exciting development!

    We will update our Terms of Use prior to the Launch with specifics and, so we are clear as clear can be, we will likely have a separate Terms of Use that you can easily access prior to uploading our cool new Mobile App.

    No Third-Party Beneficiaries

    You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

    Data Breach

    While HireInfluence employs multiple security measures to maintain data security, data breaches can occasionally happen, even to the most secure of systems. In the event of such a situation, HireInfluence will, in compliance with any applicable federal and state data breach laws, endeavor to timely notify all Advocates and Clients whose Personal Information HireInfluence knows or has clear reason to believe was accessed by an unauthorized person.

    Indemnity

    You agree to indemnify, defend, and hold harmless, to fullest extent allowed by law, HireInfluence and its owners, parent corporation, shareholders, officers, contractors, assigns, licensees, successors in interest, directors, employees, agents, operators, affiliates, and licensors in regards to any and all claims, allegations, demands, damages, obligations, losses, liabilities, costs, debts, disbursements, and expenses – including settlement amounts and attorneys’ fees – arising out of or resulting from your use of the HireInfluence Platform; the Content you place on the HireInfluence Platform and any claimed damage it may have caused to a third party; your violation of these Terms of Use; your breach of any representations, warranties, or covenants set forth herein; your violation of any rights of a third party, including privacy rights and, without limitation, any trademark, copyright, patent, trade secret, or other intellectual property or proprietary rights; or your violation of any applicable laws or regulations. You further agree not to settle any such matter without our prior written consent. We reserve the right, at your expense, to assume the exclusive defense and control in any matter in which you are required to indemnify us, and we may require you to pay for any attorney of our choice to defend us. You also agree to cooperate with our defense of these claims.

    In all instances, we retain the right to participate, at our own expense, in the defense of any such matters. We will use reasonable efforts to notify you of any such indemnified matter upon becoming aware of it. We may elect to settle any indemnified matter and you will be liable for those damages as if we had proceeded to trial. These provisions survive the cancellation, expiration, suspension, or termination of your access to and use of our Platform.

    Disclaimer of Warranties

    Except as expressly set forth in these Terms of Use, use of our Platform is at your own risk, and it is offered on an “as–is” and “as available” basis. You are solely responsible for any damage to your computer system, loss of data, personal injury, or property damage that results from the downloading of material through our Platform. To the maximum extent permitted by law, these Terms of Use make no, and you disclaim any reliance on, any implied or legal warranties or representations, including warranties of fitness for a particular purpose, merchantability, accuracy, title, quiet enjoyment, or non-infringement.

    HireInfluence and our suppliers or providers do not warrant that the HireInfluence Platform will meet your requirements, expectations, or needs, or operate uninterrupted, timely, securely, or without error. We make no representations or warranties that the quality of any Content, product, Services, information, or other material obtained by you through the HireInfluence Platform will be accurate, reliable, complete, legal, safe, or free of malware or other harmful code, or that any errors or defects in the HireInfluence Platform or Services will be corrected. No oral or written information or advice given by us or our employees, providers, or agents will increase the scope of, or create any new warranties in addition to, the warranties expressly set forth in these Terms of Use.

    Limitation on Liability

    Under no circumstances shall HireInfluence, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, under any theory of liability, arising in connection with or out of the use of the site, platform, or services, even if HireInfluence has been advised of the possibility of such damages. HireInfluence is not liable to you or to third parties for any damage, harm, injury or claim that arises from your use of any products or services acquired through our site. We are not liable for any failure of the goods or services of HireInfluence or of any third party. We are not responsible in any way for damages caused by third parties who may use our platform or services.

    In the event of any problem with the HireInfluence platform or any content therein, you agree that your sole remedy is to cease using the HireInfluence platform. In the event of any problem with the products or services that you have acquired on or through the HireInfluence platform, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to (if such a minimum exists).

    With respect to any particular opportunity, each advocate and client agrees that the other will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, data, business, or business opportunity, even if such damages are foreseeable and whether or not such party has been advised of the possibility thereof.

    Each advocate and client agrees that the other’s maximum aggregate liability for any opportunity will not exceed the total amount of fees received by the advocate or paid by the client for that opportunity. In no event will either party be liable for the procurement of substitute services.

    Force Majeure

    You agree that we are not responsible to you for anything that HireInfluence may otherwise be responsible for if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, or shortage of materials.

    Choice of Law

    The Terms of Use shall be governed by the laws of Texas. The offer and acceptance of the Terms of Use is deemed to have occurred in Texas.

    Arbitration

    Any and all disputes arising from your use of the HireInfluence Platform (including disputes regarding the interpretation and scope of this clause, or even whether this dispute has to be arbitrated at all) will exclusively be settled through binding and confidential arbitration. Arbitration will be subject to the Federal Arbitration Act instead of state arbitration law. The arbitration will be conducted by a panel consisting of a single commercial arbitrator appointed by the American Arbitration Association (“AAA”), and will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator so decides, the Supplementary Procedures for Consumer Related Disputes.

    Assignment

    You may not assign your rights or obligations under this Terms of Use to any other party without our prior written consent. We may assign our rights or obligations under this Terms of Use to any other party at our sole discretion.

    Entire Agreement

    Unless we later reach some other separate agreement with you, these Terms of Use make up the complete and exclusive agreement between us regarding your access to and use of our Site, Platform, and Services. The Terms of Use supersede any prior agreements, proposals, or communications, oral or written, between you and HireInfluence relating to your use of our Platform. The Terms of Use do not, however, abrogate separate agreements about Opportunities that you may reach with Clients. In the event of any conflict between the Terms of Use and you agreements with Clients regarding Opportunities, though, the Terms of Use control.

    Severability

    In the event that a provision of these Terms of Use is found to be unlawful, in conflict with another provision in the Terms of Use, or otherwise unenforceable, the remainder of the Terms of Use will continue to be enforceable as though it had been entered into without the unenforceable provisions being included in it. If two or more provisions of this Terms of Use are deemed to conflict with each other’s operation, we have the sole right to decide which provision remains in force.

    Non-Waiver

    We reserve all rights permitted to us under these Terms of Use as well as under any applicable law. Our non-enforcement of any particular provision or provisions of this Terms of Use or of any applicable law shall not be construed as a waiver of our right to enforce that same provision or provisions under the same or different circumstances at any time in the future.

    Notice Regarding Amendments to the Terms of Use

    To best keep you informed regarding any amendments, changes, or revisions to the Terms of Use, we may provide you with notices through email, postings on the Site, messages to your Profile, or other notification methods. Your continued use of the HireInfluence Platform after the publication of such amendments constitutes your acceptance of our amended Terms of Use.

    Contact Us

    If you have any questions or concerns about these Terms of Use, please contact us by sending an email to admin@hireinfluence.com.

    These Terms of Use were published on January 27, 2014.