Dated/Last Update: October 18, 2019
HIREAPP is an online and mobile platform that directly connects individuals looking for shifts to businesses that are hiring. This Online Services Agreement for Businesses, together with the documents referenced herein (collectively, the “Terms”), to HIREAPP’s websites, apps, software platforms, or online offerings (collectively, the “Platform”) will automatically apply to you. HIREAPP (“we,” “us,” or “our”) permits you to use the Platform subject to these Terms and any applicable laws. You may thus only utilize the Platform in accordance with these Terms. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM.
These Terms govern the access and use by you (“Business” or “you”) of the Platform made available by HIREAPP. By accepting these Terms, you represent and warrant that you are authorized to agree to these Terms on behalf of Business and to bind Business to these Terms.
You are an independent company, and you are authorized to conduct your business in the state(s) or jurisdiction(s) in which you operate. You desire to enter into these Terms for the purpose of accessing and using the Platform for purposes of arranging and obtaining workers for certain shifts. Said workers have been approved by HIREAPP to use the Platform and are subject to HIREAPP’s standard Online Services Agreement for Workers/HireApp Heroes (such services provided are referred to as “shifts” and such workers are referred to as "HireApp Heroes" or “Workers”).
Supplemental terms may apply to the Platform, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you and you must accept such supplemental terms in order to receive the applicable service(s). Such supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable services.
Any new features or tools which are added to the current Platform or our services shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, modify, or replace all or any part of these Terms by posting updates, modifications, and/or changes to our Platform. It is your responsibility to check this page periodically for any such changes or updates. Your continued use of or access to the Platform or our services following the posting of any changes, modifications, or updates constitutes your express acceptance thereof.
HIREAPP has created a technology platform that connects Businesses with HireApp Heroes to arrange and schedule shifts. YOU ACKNOWLEDGE THAT HIREAPP DOES NOT PROVIDE SHIFTS SERVICES.
HIREAPP requires all HireApp Heroes to obtain and maintain a valid and sufficient Occupational Accident Insurance (“OAI”) policy.
2.1 License. Subject to your compliance with these Terms, HIREAPP grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the HIREAPP Platform on your personal device solely in connection with your use of the Platform; and (ii) access and use any content, information and related materials that may be made available through the Platform, in each case solely in connection with your use of the Platform. Any rights not expressly granted herein are reserved by HIREAPP and HIREAPP’s licensors.
2.2 Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Platform; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform except as expressly permitted by HIREAPP; (iii) decompile, reverse engineer or disassemble the Platform except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Platform; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Platform; or (vi) attempt to gain unauthorized access to or impair any aspect of the Platform or its related systems or networks.
2.4 Ownership. The Platform and all rights therein are and shall remain HIREAPP’s property or the property of HIREAPP’s licensors. Neither these Terms nor your use of the Platform convey or grant to you any rights: (i) in or related to the Platform except for the limited license granted above; or (ii) to use or reference in any manner HIREAPP’s company names, logos, product and service names, trademarks or services marks or those of HIREAPP’s licensors.
2.5 User Submissions. Anything you post, upload, share, store, or otherwise provide through the Platform is your “User Submission,” which may include your chat data or shift postings. Some User Submissions are viewable by other users. In order to display your User Submissions on the Platform, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions.
For all User Submissions, you hereby grant HIREAPP a license to translate, modify (for technical purposes), for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable HIREAPP to operate the Platform. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant HIREAPP the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited User Submission”), then you grant HIREAPP the licenses above, as well as a license to display, perform, and distribute your Limited User Submission for the sole purpose of making that Limited User Submission accessible to such other specified users, and providing the services necessary to do so. Also, you grant such other specified users a license to access that Limited User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Platform.
If you share a User Submission publicly on the Platform and/or in a manner that more than just you or certain specified users can view (a “Public User Submission”), such as your shift posting, then you hereby grant HIREAPP the licenses above, as well as a license to use, copy, modify, translate, distribute, perform, publish, and process your Public User Submission for the purpose of making that Public User Submission accessible to all HIREAPP users and providing the services necessary to do so, as well as all other rights necessary to use and exercise all rights in the Public User Submission in connection with the Platform and/or otherwise in connection with HIREAPP’s business for any purpose, provided that HIREAPP will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Platform. Also, you grant all other users of the Platform a license to access that Public User Submission and to use and exercise all rights in it, as permitted by the functionality of the Platform. You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide. When you delete your account, we will stop displaying your User Submissions to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from HIREAPP’s records and that your User Submissions may remain viewable elsewhere to the extent it was copied or stored by others. You further understand and agree that HIREAPP, in performing the required technical steps to provide the Platform to our users (including you), may need to make changes to your User Submissions to conform and adapt such User Submissions to the technical requirements of connecting networks, devices, services, or media, and the foregoing licenses include the rights to do so.
2.6 Content on the Platform. The materials displayed or available on or through the Platform, including but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Platform, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you (i) without the prior consent of the owner of that Content, or (ii) in a way that violates someone else’s (including HIREAPP’s) rights.
Any information or content publicly posted or privately transmitted through the Platform is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and HIREAPP is not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. HIREAPP cannot control and has no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release HIREAPP from all liability for you having acquired or not acquired Content through the Platform.
You are responsible for all Content you contribute, in any manner, to the Platform and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You may not upload, distribute or otherwise publish any Content that is invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, threatening, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful or otherwise objectionable, including but not limited to any Content that encourages conduct that would constitute a criminal offense or otherwise violates any applicable U.S. or foreign laws.
2.7 Copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable any content posted through the Platform that is alleged to be infringing, and to terminate the accounts of repeat alleged infringers, in accordance with the Digital Millennium Copyright Act (the "DMCA"). To report potentially infringing content, please e-mail us at [email].
3.1 User Accounts. In order to use most aspects of the Platform, you must register for and maintain an active Platform account ("Account"). Account registration requires you to submit to HIREAPP certain personal information, such as your name, company name, address, and phone number, as well as valid Payment Method (defined below). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Platform or HIREAPP’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by HIREAPP in writing, you may only possess one Account.
3.2 User Requirements and Conduct. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Platform, and you may only use the Platform for lawful purposes. You will not in your use of the Platform cause nuisance, annoyance, inconvenience, or property damage, whether to the HireApp Heroes or any other party. You may not solicit any HireApp Heroes for employment or contracting purposes outside of the shifts as facilitated through the HIREAPP Platform without prior written permission from us. In certain instances, you may be asked to provide proof of identity to access or use the Platform, and you agree that you may be denied access to or use of the Platform if you refuse to provide proof of identity.
3.3 Text Messaging. By creating an Account, you agree that the Platform may send you informational text (SMS) messages as part of the normal business operation of your use of the Platform and that use of SMS is necessary to utilize the Platform. We may send you SMS messages, for example, to communicate with you regarding the HIREAPP Platform, to provide status updates, and to provide alerts regarding your requested shifts (such as when a shift has been filled or when a requested HireApp Hero is in transit). When you create an account, we will send you an SMS message to confirm your sign-up.
In the event you no longer want to receive any text messages from HIREAPP, you can cancel the SMS service at any time by e-mailing us at [email].
3.4 Promotional Codes. HIREAPP may, in HIREAPP’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Platform and/or a HireApp Hero’s services, subject to any additional terms that HIREAPP establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by HIREAPP; (iii) may be disabled by HIREAPP at any time for any reason without liability to HIREAPP; (iv) may only be used pursuant to the specific terms that HIREAPP establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. HIREAPP reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that HIREAPP determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
3.5 Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Platform. Your mobile network's data and messaging rates and fees may apply if you access or use the Platform from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform and any updates thereto. HIREAPP does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You acknowledge and agree that your arranging and obtaining of shifts from a HireApp Hero creates a direct business relationship between you and that HireApp Hero, and your interactions and dealings with such HireApp Hero are solely between you and such HireApp Hero. HireApp Heroes are independent contractors and are not employees of HIREAPP. HIREAPP is not responsible or liable for the actions or inactions of any HireApp Hero in relation to the shifts. You shall have the sole responsibility for any obligations or liabilities to HireApp Hero or other third parties that arise from your arranging and obtaining such shifts. You acknowledge and agree that you are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws) regarding any acts or omissions of a HireApp Hero or other third party.
5.1 Charges. You understand that use of the Platform may result in charges to you for the shifts you receive from a HireApp Hero ("Charges"), and you agree to pay all such Charges that you incur. After you have received shifts obtained through your use of the Platform, HIREAPP will facilitate your payment of the applicable Charges on behalf of the HireApp Hero, as such HireApp Hero's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the HireApp Hero. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by HIREAPP.
As between you and HIREAPP, HIREAPP reserves the right to establish, remove and/or revise Charges for any or all shifts obtained through the use of the Platform at any time in HIREAPP’s sole discretion. HIREAPP will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. HIREAPP may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Platform, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Platform or the Charges applied to you. You may elect to cancel your request for shifts from a HireApp Hero at any time prior to such HireApp Hero's arrival, in which case you may be charged a cancellation fee, in accordance with HIREAPP’s then current cancellation policy. The current cancellation policy is available at [link].
5.2 Gratuity. This payment structure is intended to fully compensate the HireApp Hero for the services or goods provided. HIREAPP does not designate any portion of your payment as a tip or gratuity to the HireApp Hero. You understand and agree that, while you are free to provide additional payment as a gratuity to any HireApp Hero who provides you with services obtained through the Platform, you are under no obligation to do so. Gratuities are voluntary. After you have received services obtained through the Platform, you will have the opportunity to rate your experience and leave additional feedback about your HireApp Hero.
5.3 Service Charge. In consideration of HIREAPP’s provision of the HireApp Platform for your use and benefit hereunder, you agree to pay HIREAPP a service charge on a per shift transaction basis calculated as a percentage of the Charges (regardless of any alternately negotiated Charges), as provided or otherwise made available by HIREAPP from time to time (“Service Charge”). HIREAPP reserves the right to change the Service Charge at any time in its sole discretion, and HIREAPP will provide you with notice in the event of such change. Continued use of the HIREAPP Platform after any such change in the Service Charge calculation shall constitute your consent to such change.
5.4 Payment Method. You agree to pay all applicable Charges via the payment method specified in your Account, which may be by ACH payment or credit card (“Payment Method”). For ACH and credit card payments, all Charges and Service Fees are due immediately, and HIREAPP will automatically debit your payments or charge your credit card using the preferred Payment Method designated in your Account, after which HIREAPP will send you a report by email. If your primary Account Payment Method is determined to be expired, invalid or otherwise not able to be charged, you agree that HIREAPP may, as the HireApp Hero's limited payment collection agent, use a secondary payment method in your Account, if available. In the event that there are unpaid or past due amounts for Charges or Services Fees associated with your Account, you must pay a finance charge of the lesser of 1.5% per month or the maximum amount permitted by law on such outstanding balances, plus all expenses of collection, including reasonable attorneys’ fees.
Payment processing services for HIREAPP are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). These documents can be found at the provided links or by using a search engine (such as Google or Bing) to seek the terms “Stripe Connected Account Agreement” or “Stripe Terms of Service,” respectively.” By agreeing to these terms or continuing to operate on HIREAPP, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of HIREAPP enabling payment processing services through Stripe, you agree to provide HIREAPP accurate and complete information about you and your business, and you authorize HIREAPP to share it and transaction information related to your use of the payment processing services provided by Stripe.
6.1 DISCLAIMER. YOUR USE OF THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, ANY PLATFORM-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. THE PLATFORM, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITHIN THE PLATFORM AND ANY PLATFORM-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES, EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, HIREAPP (ON BEHALF OF ITSELF, ITS LICENSORS, AND THE HIREAPP HEROES) MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING: (i) THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE PLATFORM OR ANY SHIFTS OR GOODS REQUESTED THROUGH THE USE OF THE PLATFORM; (ii) THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FROM THE PLATFORM ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iv) THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF HIREAPP HEROES OR THE SHIFTS THEY PROVIDE; AND (v) THAT ANY ERRORS IN OUR PLATFORM WILL BE CORRECTED. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM, AND ANY SHIFTS REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF THE PLATFORM.
6.2 NO SERVICE GUARANTEE. HIREAPP AND ITS LICENSORS DO NOT GUARANTEE THE AVAILABILITY OR UPTIME OF THE HIREAPP PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM MAY BE UNAVAILABLE AT ANY TIME AND FOR ANY REASON (e.g., DUE TO SCHEDULED MAINTENANCE OR NETWORK FAILURE). FURTHER, THE PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND HIREAPP IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES, LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS.
6.3 LIMITATION OF LIABILITY. IN NO EVENT SHALL HIREAPP OR HIREAPP’S EMPLOYEES, OFFICERS, REPRESENTATIVES, SUPPLIERS, LICENSORS, HIREAPP HEROES, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (i) THE USE OR INABILITY TO USE THE PLATFORM OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE PLATFORM; (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE PLATFORM OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE PLATFORM; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO THE PLATFORM, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR PLATFORM-RELATED SERVICES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. WE ARE NOT RESPONSIBLE OR LIABLE FOR YOUR ILLEGAL, UNAUTHORIZED, OR IMPROPER USE OF INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED USING THE PLATFORM. THIS LIMITATION OF LIABILITY INCLUDES ANY OF THE FOREGOING TYPES OF DAMAGES ARISING FROM YOUR ACCESS OR USE OF THE PLATFORM OR ANY SHIFTS PROVIDED BY HIREAPP HEROES. HIREAPP’S PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE SHIFTS WITH HIREAPP HEROES, BUT YOU AGREE THAT HIREAPP HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SHIFTS PROVIDED TO YOU BY HIREAPP HEROES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF US UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TWO HUNDRED U.S. DOLLARS ($200.00).
6.4 Indemnity. You agree to indemnify, defend, and hold us harmless, as well as our officers, directors, agents, employees, underlying content and/or service providers, licensors, and suppliers, and each of their respective subsidiaries and affiliates from and against any claim, proceeding, loss, expense, damage and cost, including reasonable attorneys' fees, due to or arising out of any material or any other content or information that you submit, post or upload to or transmit through the Platform, your use of the Platform, your connection to the Platform, your violation of these Terms, your use of the Platform or shifts obtained through your use of the Platform, or your violation of any law or the rights of any third party, including HireApp Heroes. These obligations will survive any termination of your relationship with us or your use of the Platform. We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
These Terms apply to your use of the Platform, including the iPhone, and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
7.1 Both you and HIREAPP acknowledge that these Terms are between you and HIREAPP only, and not with Apple, and that Apple is not responsible for the Application or any content posted to or made available via the Application;
7.2 The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the HIREAPP Platform for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they apply to the Platform;
7.3 You will only use the Application in connection with an Apple device that you own or control;
7.4 You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
7.5 In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
7.6 You acknowledge and agree that HIREAPP, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
7.7 You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, HIREAPP, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
7.8 You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
7.9 Both you and HIREAPP acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
7.10 Both you and HIREAPP acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
8.1 Arbitration. You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Platform (collectively, "Disputes") will be settled by final and binding arbitration between you and HIREAPP. This Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). Notwithstanding anything else contained herein, each party retains the right to bring an individual action in small claims court and 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 a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and HIREAPP are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and HIREAPP otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Arbitration Agreement" section will be deemed void. Except as provided in the preceding sentence, this "Arbitration Agreement" section will survive any termination of these Terms.
8.2 Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Commercial Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
The arbitration shall be heard by one arbitrator selected in accordance with the AAA Rules. The arbitrator shall be a licensed attorney or retired judge with experience in the law underlying the dispute.
8.3 Arbitration Process. If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought.
8.4 Arbitration Location and Procedure. The arbitration shall take place in Miami-Dade County, Florida. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and HIREAPP submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
8.5 Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.
8.6 Fees. The party initiating the arbitration must bear the costs and fees related thereto.
8.7 Severability and Survival. This arbitration agreement is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Agreement. In the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement will be enforceable. Therefore, terms of this Arbitration Agreement shall be severed, to the smallest extent possible, if required to uphold the enforceability of this Arbitration Agreement. The Arbitration Agreement is a contractual agreement to mutually arbitrate claims.
9.1 Choice of Law. These Terms are governed by and construed in accordance with the laws of the State of Florida, U.S.A., without giving effect to any conflict of law principles. For all claims not subject to the Arbitration Agreement in Section 8, you agree that they will be brought exclusively in the federal or state courts of competent jurisdiction sitting in Miami-Dade County, Florida, and you expressly agree that such courts shall have jurisdiction over you. The prevailing party in any dispute arising hereunder or from your use of the Platform shall be entitled to an award of its reasonable attorney’s fees and legal costs against the non-prevailing party.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND HIREAPP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
9.2 Notice. HIREAPP may give notice by means of a general notice on the Platform, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to HIREAPP, with such notice deemed given when received by HIREAPP, at any time by first class mail, pre-paid post, or electronic mail to HIREAPP, [address] or [email].
9.3 General. You may not assign these Terms without HIREAPP’s prior written approval. HIREAPP may transfer, assign, or delegate these Terms and its rights and obligations without your consent. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, HIREAPP or any HireApp Hero as a result of these Terms or use of the Platform. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. HIREAPP’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by HIREAPP in writing.
9.4 Contact Information. Questions about these Terms should be sent to us at email@example.com.