Compliant with the highest standards

Welcome to www.hireguide.com (the “Site”), a website owned and operated by Hireguide PBC, a Delaware public benefit corporation (“Hireguide”). Hireguide provides B2B solutions to allow companies to efficiently interview and hire new talent before, during, and after the interview process (the “Services”). Our mission is to enable companies to quickly establish informed hiring processes in a way that maintains the integrity of each company’s talent acquisition goals.

By using the Site or the Services in any way, you are agreeing to comply with and to be bound by these Terms of Use, and all rules, policies and disclaimers posted on the Site or about which you are notified (collectively, “Terms”). Please review these Terms carefully before continuing further with the Site or using the Services. By using the Site and the Services, you agree to be bound by these Terms. If you do not agree with all of the Terms, do not use the Site or the Services. The terms “you,” “your,” and “yours” refer to you, the user of the Site or Services. The terms “Hireguide,” “we,” “us,” and “our” refer to Hireguide.

01 / Changes to the Terms

We may periodically make changes to these Terms, in our sole and absolute discretion. When we update the Terms, we will revise the “Last updated” date above and post the new Terms.  If we make a material change to the Terms, we will provide you with appropriate notice in accordance with legal requirements. You agree that your continued use of the Site or Services after the effective date of any changes will constitute your acceptance of the changed Terms for your continued use.

02 / Access to the Site; Account Registration

You must be at least 18 years old to use the Site or Services.  You warrant and represent that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.
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If you agree to the Terms on behalf of an entity or agency, or in connection with providing or receiving services on behalf of an entity or agency, you represent and warrant that you have the authority to bind that entity or agency to the Terms and agree that you are binding both you and that entity or agency to the Terms. In that event, “you” and “your” will refer and apply to you and that entity or agency.
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The Services allow varying degrees of access to varying types of users as follows:

1. Guests – The Services are available to you only to the extent that you can access them without an account to understand the value of our Services and understand our mission. Examples of actions that you can take as a guest user may include browsing our landing pages, viewing training videos, entering marketing pages, and creating a user account.
2. Employer Representatives – The Services are available to various representatives of employers, including without limitation hiring managers, interview team members, company administrators, and HR team members. Examples of actions that such team members may have access to include without limitation reviewing and creating interview plans, composing and inviting interview team members, interacting with candidates, publishing interview plans as templates, providing interview feedback, managing role memberships, subscribing and paying for services, reviewing hiring decisions, and reviewing information available through the Services to understand your company’s hiring teams’ performance.

We do not provide you with equipment to access the Site or Services. You are responsible for all fees charged by third parties to access the Site or use the Services (e.g., charges by internet service providers).

Parts of the Site or Services may require you to hold an account. When registering for an account, you must provide us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Hireguide immediately of any unauthorized use of your account or any other breach of security. Hireguide will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Hireguide or another party due to someone else using your account or password. You may not use anyone else’s account at any time, impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information.

03 / Payment of Fees

Some of the Services require payment of fees, including through subscriptions or on an ad hoc basis (“Service Fees”). In consideration for the continued use and access of the Services requiring Service Fees, you agree to timely pay such Service Fees pursuant to the terms of the applicable Order Form.  By providing a credit card or other payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges).

Hireguide reserves the right to modify any Service Fees for any or all of the Services, effective upon the next renewal term, or as otherwise stated in the Order Form for such Services.  If you purchase a subscription, Hireguide will communicate any changes to the Service Fees in advance, and, if applicable, how to accept those changes.  As permitted by local law, you accept the new price by continuing to use the Services after the price change takes effect.  If you do not agree with the price changes, you have the right to reject the change by cancelling your subscription prior to the price change going into effect. Please make sure you read any such notification of price changes carefully.

04 / Subscriptions

When you purchase a subscription to the Services, you expressly acknowledge and agree that (a) Hireguide (or our third-party payment processor) is authorized to charge you the applicable Service Fees on a, for example, one-time, monthly or annual basis (depending on your plan) for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or we suspend or stop providing access to the Site or Services in accordance with these Terms. Your subscription will automatically renew at the end of the applicable subscription period at the subscription level(s) and Services Fees in effect at the time the then-current subscription term ends, unless you cancel your subscription before the end of the current subscription period.
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You may cancel your subscription at any time by contacting us at support@hireguide.com. If you cancel after your subscription renewal date, you will not receive a refund for any amounts that have been charged. Your cancellation will be effective at the end of your then-current subscription period, subject to applicable law, and you may use the Services until your cancellation is effective (unless your access is suspended or terminated as set forth below).

05 / Consent to Recording

Hireguide uses innovative technologies to provide the Service, which may assist employers in understanding and further improving their hiring and interview results. Some of these technologies require that Hireguide record the audio, video, and chat transmissions between you and prospective employees, along with associated data and documentation.

By using the Service, you represent and agree that:

1. You consent to the recording of you or any of your service providers in connection with your use of the Service. If you or any of your service providers do not wish to be recorded, please reach out to your administrative user to disable any recording functionality. Please note that this may impair the functionality of the Service. If you are an administrative user and are having trouble disabling such functionality, please reach out to Hireguide at support@hireguide.com.
2. You will use Hireguide’s recording tools in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to privacy and laws and regulations requiring the consent of subjects of audio and video recordings.
3. You are solely responsible for compliance with applicable recording laws and regulations and have obtained any necessary consents required to record prospective employees.

If your use of Hireguide’s Service and recording tools results, in Hireguide’s sole discretion and judgment, an unreasonable privacy or information risk, Hireguide may (without limitation of any other legal or contractual remedies it has) limit or suspend your access to the Service.

06 / Termination of Access

We reserve the right in our sole and absolute discretion to restrict or terminate your or any other party’s access to the Site or Services for any lawful reason, at any time, with or without notice. In the event of such termination, none of our rights or your obligations provided hereunder shall be waived, nor shall such termination waive our right to relief of any kind to which we may be entitled at law or in equity.

07 / Changes to the Site or Services

We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Site or Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services.

08 / Communications with You

You agree that Hireguide may send electronic mail to you for the purpose of advising you of changes or additions to this Site, or communicating with you about the Hireguide Service, or for such other purpose(s) as Hireguide deems appropriate. You have the option to opt-out of marketing communications.

Hireguide may communicate with you using email, autodialed calls and text messages, at any telephone number that you provide us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you.

If you would like to receive marketing via mobile texts and alerts, you may sign up to do so. By signing up, you provide your consent to receive recurring autodialed marketing texts or other mobile messages from or on behalf of us at the mobile number you’ve provided. You understand that consent is not a condition of purchase. Message and data rates may apply. If you would like to be removed from the Hireguide marketing text list, you must reply STOP to any mobile message. You understand and agree that the foregoing option is the only reasonable method of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

If at any time you intend to stop using the mobile telephone number that has been used to subscribe to text messaging, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the user opt out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your account or these Terms.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. §227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Hireguide may route phone and text communications through a third-party service provider, and we or the service provider may record telephone conversations you have with Hireguide or its agents for quality control and training purposes, or for our own protection.

09 / Licenses

In consideration for your agreement to these Terms and your payment of all applicable Service Fees, Hireguide grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and make use of the Site and the Services solely for your internal business purposes. In addition, you may permit such number of authorized users as has been agreed between you and Hireguide to access and make use of the Site and Services.

You may access and use the Site and Services only in accordance with any user guides and other documentation as made available by Hireguide from time to time.

10 / Restrictions

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Hireguide, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Site or Services or by emailing or otherwise making available to other users of the Site or Services.

You must comply with these Terms and all applicable laws when using the Site and Services, and only use the Site and Services through the interface provided by Hireguide. Except as may be expressly permitted by applicable law or expressly permitted by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any information or material available on the Site or Services (“Site Content”) or compile or collect any Site Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Site or Services or store, copy, modify, distribute, or resell any Site Content; (c) rent, lease, or sublicense your access to the Site or Services; (d) use the Site, Services, or Site Content for any purpose except for your own internal business purposes; (e) circumvent, disable, or interfere with any digital rights management, usage rules, or other security features of the Site or Services; (f) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Site, Services, or Site Content or otherwise infringe upon or violate Hireguide’s intellectual property rights or the intellectual property rights of others; (g) use the Site or Services in a manner that threatens the integrity, performance, or availability of the Site or Services; (h) use the Site or Services to develop products or services that are directly or indirectly competitive with the Services; (i) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site, Services, or Site Content; (j) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (k) submit false or misleading information; (l) submit objectionable content, including profanity, obscenity, lasciviousness, violence; or (m) use the Site for any obscene or immoral purpose.

We reserve the right to terminate your use of the Site, the Services, or any related website or service for violating any of the prohibited uses or these Terms.

11 / Ownership

We, our affiliates, our licensors, or applicable third parties, retain all right, title, and interest in and to the Site, Services, and Site Content and any trademarks, logos, or service marks displayed on the Site, the Services, or in Site Content (“Marks”). The Site, Services, Site Content, and Marks are protected by applicable intellectual property laws and international treaties. You are not permitted to use any Marks without the prior written consent of Hireguide or such third party which may own the Mark.

You represent and warrant that you own all right, title and interest in and to data that you provide to Hireguide via the Site or Services, including all copyrights and rights of publicity contained therein. You assume all risk associated with the data you provide and the transmission of your data, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your data. You hereby grant to Hireguide a fully paid, royalty-free, worldwide, nonexclusive license to use any non-anonymized data you provide to us to provide the Site and Services, including the right to analyze any such data you provide to improve and create new features available through the Site or Services, and to protect the Site and Services. For the avoidance of doubt, Hireguide shall collect, store, use, and disclose personal information as set forth in its Privacy Policy.

You agree that Hireguide may aggregate or create anonymized data or content by removing any personally identifiable information from data and content you provide when using the Services (“Anonymous Data”), and that such aggregated or anonymized non-identifying data shall be owned by Hireguide. You further agree that Hireguide shall have the right to use, store, analyze, and disclose such Anonymous Data at any point in time after the termination of your use or access of the Services, including without limitation for:

1. Internal statistical and trend analyses;
2. Improving the development, use, and access of the Services;
3. Creating and distributing data, reports, and other materials related to the use of the Services; and
4. Developing, creating, improving, and distributing templates, forms, interview plans, and other broad-based utilities that may be accessible as part of the Services.

Notwithstanding the foregoing, nothing in this Ownership section grants Hireguide the right to associate any Anonymous Data, or content or data created or derived therefrom, with you without your permission.

12 / Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. By using the Site or Services, you acknowledge that you have read and agree to the Privacy Policy.

Please note that we may access, preserve and disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law, legal requests or court orders; (b) protect or defend the rights, safety, or property of Hireguide or third parties, including to defend or enforce our Privacy Policy, our Terms of Service, or any other contractual arrangement, (c) prevent fraud or abuse or address security or technical issues relating to the Service or our users; and/or (d) protect the rights, property or personal safety of Hireguide, its agents and affiliates, its employees, users and/or the public.

13 / Links and Third-Party Content

The Site or Services may contain links to or utilize third party products, services, and websites. By way of example only, we may use the Stripe platform to process payments, or we may use Docusign to execute documents. We exercise no control over any third-party products, services, or websites, and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third-party products, services, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third-party products, services, or websites. Additionally, if you follow a link or otherwise navigate away from the Site, please be aware that these Terms, including the Privacy Policy, will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party websites to which you navigate to from the Site.  Some skills and roles presented in this service may have been sourced from Emsi Burning Glass.

14 / Promotions

From time to time, we may offer promotions to Site visitors. To be eligible for a promotion, you must, for the duration of the promotion, reside in a jurisdiction in which the promotion is lawful. If you take part in any promotion, you agree to be bound by the specific promotion rules and by the decisions of Hireguide and our designees, which are final in all matters relating to any promotion. Any awards provided by us or our sponsors or partners are at our sole discretion. We and our designees reserve the right to disqualify any entrant or winner in our absolute discretion without notice. Any applicable taxes on any award are the sole responsibility of each winner.

15 / Feedback

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. Hireguide is and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay to user any compensation for any Feedback; or (3) to respond to any user Feedback.

You agree that no Feedback submitted by you to the Site or Services will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Feedback submitted by you to the Site or Services will be or contain, in the sole opinion of Hireguide or its representatives, libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Feedback you make.
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You agree that Hireguide may use and/or disclose information about your demographics and use of the Site or Services in any manner that does not reveal your identity.

16 / Disclaimer of warranties

THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS.

YOUR USE OF THE SITE, SERVICES, AND SITE CONTENT, INCLUDING YOUR SUBMISSION OF FEEDBACK, IS AT YOUR SOLE RISK. THE SITE, SERVICES, AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HIREGUIDE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE, SERVICES, OR SITE CONTENT, AND YOU RELY ON THE SITE, SERVICES, AND SITE CONTENT AT YOUR OWN RISK. ANY MATERIAL YOU RECEIVE THROUGH THE SITE OR SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HIREGUIDE OR THROUGH OR FROM THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

17 / Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, HIREGUIDE (AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, AND LICENSORS) WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HIREGUIDE HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, RESULTING FROM YOUR USE OF THE SITE, SERVICES, AND SITE CONTENT.

THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR PERSONAL INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

UNDER NO CIRCUMSTANCES WILL HIREGUIDE’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, SERVICES, OR SITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (I) $100 OR (II)  THE AMOUNTS PAID BY YOU TO HIREGUIDE IN CONNECTION WITH OUR PRODUCTS AND SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT ON WHICH YOUR CLAIM IS BASED. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF HIREGUIDE FOR (1) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY HIREGUIDE’S GROSS NEGLIGENCE OR FOR (2) ANY INJURY CAUSED BY HIREGUIDE’S FRAUD OR FRAUDULENT MISREPRESENTATION.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HIREGUIDE AND YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18 / Indemnity

To the fullest extent allowed by applicable law, you will indemnify and hold Hireguide, and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any costs, damages, expenses, and liability arising out of your use of the Site, Services, or Site Content, your submission of Feedback, your violation of these Terms, or your violation of any rights of a third party.

In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that, failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Hireguide reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hireguide in asserting any available defenses. This provision does not require you to indemnify Hireguide for any unconscionable commercial practice by Hireguide or for Hireguide's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of your account, these Terms or your access to or use of the Site or Service.

If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.

If you are NOT a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

19 / Termination

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by (a) notifying us that you no longer wish to use our Site and Services or ceasing use of our Site and Services and (b) (where applicable) cancelling your subscription. We are also free to terminate (or suspend access to) your use of the Site or Services for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Even after your right to use the Site is terminated, these Terms will remain enforceable against you and unpaid amounts you owe to Hireguide for use of the Services will remain due.  Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, and any terms regarding ownership or intellectual property rights.

20 / No Third-Party Beneficiaries

These Terms are not enforceable by or for the benefit of any third party.

21 / Miscellaneous

Electronic Communications. You agree to receive communications from Hireguide electronically, such as emails, texts, or notices and messages on the Site or Services, and to retain copies of these communications for your records. You agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Hireguide provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing."

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without Hireguide’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Force Majeure. Hireguide shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Choice of Law.  These Terms will be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of law.

Exclusive Venue.  You submit to the jurisdiction of the federal or state courts of or located in Los Angeles County, California, with respect to any action or proceeding arising out of or in any way related to these Terms, and you hereby waive any venue or other objection which you may have to any such action or proceeding being brought in the federal or state courts of in Los Angeles County, California.

Statute of Limitations. Unless prohibited by law, you agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Site or Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Notice. Where Hireguide requires that you provide an email address, you are responsible for providing Hireguide with your most current email address. In the event that the last email address you provided to Hireguide is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, Hireguide’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Hireguide at the following address: Hireguide, 129 Alta Ave, Santa Monica, CA 90402. Such notice shall be deemed given when received by Hireguide by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

Export Control. You may not use, export, import, or transfer the Site or the Services except as authorized by U.S. law, the laws of the jurisdiction in which you used the Site or Services, and any other applicable laws. In particular, but without limitation, the Site and Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Site or Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site or Services for any purpose prohibited by U.S. law.

Entire Agreement. These Terms, your Order Form, and any policies or operating rules posted by us through the Site or Services constitute the entire agreement and understanding between you and us and govern your use of the Site and the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). These Terms shall not be modified by any of: (i) course of performance between the parties; (ii) course of conduct or dealing between the parties; or (iii) applicable trade practice.

Waiver. No failure or delay by us in exercising any right under these Terms will constitute a waiver of that right.

Severability. If any portion of these Terms is held invalid by a court of competent jurisdiction, then such portion will be deemed to be of no force or effect, and these Terms will be construed as if such portion had not been included.

Interpretation. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Headings. The headings used in these Terms are for convenience of reference only and do not affect the meaning or construction of these Terms.

22 / Contacting Hireguide

If you have any questions or concerns about the Site, Services or these Terms, please send us a thorough description by email to support@hireguide.com,
or write to us at: Hireguide, 129 Alta Ave, Santa Monica, CA 90402, USA

Hireguide Inc., a Delaware corporation, and its subsidiaries and affiliates (collectively, “Hireguide,” “we,” or “us”) understands that privacy is important to both our online visitors and registered users.

This Privacy Policy (“Privacy Policy” or “Policy”) describes the information we collect, how we use it, and when and with whom we share it.  Unless noted otherwise, this Policy applies only to information that we collect and use about you when you access or use our public websites, including without limitation www.hireguide.com (collectively, the “Site”), or use any of our products and services (collectively, the “Services”).  By browsing the Sites or using the Services, you agree to allow us to collect and process information as described in this Privacy Policy.

01 / Hireguide's Role

Our customers may choose to use our services to process some of their information, such as recordings of interviews. The information that we process for our customers is processed by us purely as a data processor or service provider on behalf of our customers and in accordance with our customers’ instructions. This Privacy Policy does not apply to such information – our processing of this data will be in accordance with contracts that we may have in place with our customers (i.e., the data controllers). Our customers control the information in these cases and determine the details regarding their account, including without limitation, how and for what purpose the information collected on their behalf should be processed.

If you have any questions or concerns about how such information is handled or would like to exercise your rights as a data subject, you should contact the person or entity who has contracted with us to use the Services to process your data. We will, however, provide assistance to our customers to address any concerns you may have, in accordance with the terms of our contract with them.

02 / Information we Collect

We obtain information about you through the means discussed below when we provide the Site and the Services. Please note that we need certain types of information to provide these services to you. If you do not provide us with such information, or if you ask us to delete that information, you may no longer be able to access or use certain Site or Services.

03 / Your Consent to Recording

Hireguide uses innovative technologies to provide the Services, which may assist employers in understanding and further improving their hiring and interview results. Some of these technologies require that Hireguide record the audio, video and chat transmissions between you and prospective employees, along with associated data and documentation. By using the Services, you consent to the recording of you or any of your service providers in connection with your use of the Services. If you or any of your service providers do not wish to be recorded, please reach out to your administrative user to disable any recording functionality. Please note that this may impair the functionality of the Services. If you are an administrative user and are having trouble disabling such functionality, please reach out to Hireguide at support@hireguide.com.

04 / How We Use Your Information

We use your information for business and commercial purposes, such as:

1. To provide the Services, including without limitation, the scheduling and facilitation of interviews, preparation of interview plans, communicating feedback and debriefing following interviews, personalizing user and customer experiences, processing payments, contract and document preparation, and associated filings.
2. To respond to your questions or inquiries, including to provide customer support and troubleshooting assistance.
3. To improve your experience in purchasing products and services through Hireguide, including to relay assessments and recommendations about services, products, or procedures throughout your experience with us.
4. To send you recommendations, or to ask you to participate in surveys about your Hireguide use, and to send you other communications from Hireguide.
5. To manage and remember your preferences and personalize the Site and the Services.
6. To analyze and improve the Site or Services or any other products and services we provide, and to develop new products and services;
7. To verify your identity;
8. To comply with our legal obligations or as permitted by law;
9. To protect the safety and/or integrity of our users, employees, third parties, members of the public, and/or our Site and Services;
10. To prevent fraud and enforce our legal terms; and
11. To administer and troubleshoot the Site and Services.
    

We may combine information that we collect from you through the Site and Services with information that we obtain from affiliated and nonaffiliated third parties, and information derived from any other products or services we provide.

We may aggregate and/or de-identify information collected through the Site and Services. We may use de-identified or aggregated data for any purpose, including without limitation to develop new content and materials, for research purposes, and to help us make sales, marketing, and business decisions.

05 / How We Share Your Information

We may share or disclose your information for the following reasons:

1. Affiliates. We may share your information with any of our affiliates.
2. Service providers.  We may share information with employees, vendors, consultants, and other service providers who need access to such information to carry out work or perform services on our behalf, such as data storage, analytics, billing, marketing, product content and features, customer service, data storage, security, fraud prevention, and legal services.
3. Legal reasons.  We may share or disclose certain information if we believe in good faith that doing so is necessary or appropriate to comply with any law enforcement, legal, or regulatory process, such as to respond to a warrant, subpoena, court order, or other applicable laws and regulations.
4. Protection of Hireguide and others.  We may share or disclose certain information if we believe in good faith that doing so is necessary or appropriate to (i) protect or defend the rights, safety, or property of Hireguide or third parties, including to defend or enforce our Privacy Policy, our Terms of Service, or any other contractual arrangement, (ii) prevent fraud or abuse or address security or technical issues relating to the Services or our users; and/or (iii) protect the rights, property or personal safety of Hireguide, its agents and affiliates, its employees, users and/or the public.
5. Business transfers.  We may share or disclose certain information, in connection with or during negotiations of any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
6. With your consent.  We may share information when we have your consent.
   

We may share non-personal information (for example, aggregated or anonymized customer data) publicly and with our partners. For example, we may publish articles or information about hiring trends within a given timeframe.

06 / Online Analytics & Advertising

a) Analytics
‍We may use third-party web analytics services on the Site or Services, such as those of Google Analytics. These service providers use the sort of technology described in the “Information we collect automatically” section above to help us analyze how users use the Site or Services, including by noting the third-party website from which you arrive. The information collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Site or Services. We also use Google Analytics for certain purposes related to advertising, as described in the following section. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser Add-on.

b) Tailored Advertising
‍We may also permit third-party ad networks, social media companies, and other third-party services to collect information about browsing behavior from visitors to our Site through cookies, social plug-ins, or other tracking technology. We may permit third-party online advertising networks to collect information about your use of the Site over time so that they may display ads that may be relevant to your interest in Hireguide or the Services on other websites or services. We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device you use to access the Site by non-affiliated, third-party ad technologies, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer you a way to opt out of targeted advertising as described below. You may receive tailored advertising on your computer through a web browser. Cookies may be associated with de-identified data linked to or derived from data you voluntarily have submitted to us (e.g., your email address) that we may share with a service provider in hashed, non-human-readable form.If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored marketing, you may visit the Network Advertising Initiative's (“NAI”) Consumer Opt-Out Link and/or the Digital Advertising Alliance's (“DAA”) Consumer Opt-Out Link to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. Please note that to the extent advertising technology is integrated into the Site, you may still receive advertising content even if you opt out of tailored advertising. In that case, the advertising content will just not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. If your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI's and DAA's websites, accessible by the above links.

07 / Your Choices

You have certain choices with respect to your information, such as:

1. Account Information: You can update your account information by accessing your account.
2. Marketing Emails: You can unsubscribe from marketing emails by following the directions in those emails. If you unsubscribe from marketing emails, please be advised you will continue to receive certain email communications related to your account including information regarding transactions and your relationship with Hireguide.
3. Cookies & Analytics: You can opt out of certain cookie-related and analytics processing by following the instructions in this Privacy Policy.
4. Residents of the European Union and United Kingdom: Please see Section 13 for details on additional information and rights for residents of the European Union and United Kingdom.
   

You can also amend or delete your information by contacting Hireguide directly at support@hireguide.com. We will accommodate any such requests unless we are legally required to retain such information. Additionally, because of the way we maintain certain services, after your information is deleted, backup copies may linger for some time before they are permanently deleted.

Please note that if you wish to correct, access, or delete information Hireguide processes as a data processor for its customers, you will need to contact the applicable customer.

08 / Third-Party Services and Websites

Your use of the Services may involve services rendered by third parties, such as Zoom, Microsoft Teams, or Google Meet for interviews or consultations; Stripe for payment processing; and DocuSign, for document execution. We do not control such third parties and do not assume any liability for their conduct.  We highly recommend you review their privacy policies to understand how they use your information.

The Site or Services may also contain links to third-party websites or services. We are not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites or services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties.

09 / Security

We implement technical, administrative, and physical safeguards to protect the information provided via the Site and Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. Therefore, we do not promise and cannot guarantee, and thus you should not expect, that your information or communications will not be collected, disclosed and/or used by others. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, keeping your log-in and password private, and not recycling passwords from other websites or accounts. We are not responsible for the unauthorized use of your information nor for any lost, stolen, or compromised passwords, or for any activity on your account via unauthorized password activity.

10 / Data Retention

We generally retain information for so long as it may be relevant to the purposes described in this Privacy Policy and in compliance with applicable law. To dispose of any information, we may anonymize it, delete it, or take other appropriate steps. Information may persist in copies made for backup and business continuity purposes for an additional period of time.

11 / Consent to Transfer

Information provided by you may be collected, processed, and stored by Hireguide or its service providers in the United States and other countries where servers we own or use may reside. Please be aware that the privacy protections and legal requirements, including the rights of authorities to access your information, in some of these countries may not be equivalent to those in your country.

If you are browsing the Site or are otherwise engaging with Hireguide for the purchase of any of the Services in Europe or other regions with laws governing data collection and use that may differ from United States law, you consent to the transfer of your personal data to the United States and other countries where Hireguide operates.

Where required, we will use appropriate safeguards, such as Standard Contractual Clauses, when transferring your data outside of the European Union. For more information about these safeguards, please contact us as set forth below.

12 / No Permitted Use by Minors

The Site and the Services are not directed at and are not intended for the use of anyone below the age of 18, and we do not knowingly collect personal information from children under 18.  If you are not at least 18 years old, you are not permitted to use the Site or engage with us for the Services, and we ask that you please do not provide any information or data to us, personal or otherwise.  If we discover that an individual under 18 has provided us with personal information, we will close the account and delete the personal information to the extent required by the Children's Online Privacy Protection Act.

13 / Additional Information for Residents of the European Union and United Kingdom

Under applicable law, Hireguide is the data “controller” of the personal information we handle under this Policy. In other words, Hireguide is responsible for deciding how to collect, use and disclose this data, subject to applicable law.

a) Our legal bases for use of your personal information
‍The laws of some jurisdictions such as the laws of the European Union and United Kingdom require data controllers to tell you about the legal ground that they rely on for using, sharing, or disclosing of your information. To the extent those laws apply, our legal grounds are as follows:

1. Contractual Commitments: We may use, share, or disclose information to honor our contractual commitments to you. For example, we use your information to provide Services to you.
2. Legitimate Interests: In many cases, we use, share, or disclose information on the ground that it furthers our legitimate business interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals, such as customer service, certain promotional activities, analyzing and improving our business, providing security for the Site and Services, preventing fraud, and managing legal issues.
3. Legal Compliance: We need to use, share, and disclose information in certain ways to comply with our legal obligations.
4. With Your Consent: Where required by law, and in some other cases, we use, share, or disclose information on the basis of your consent.
   

b) Rights for residents of the European Union and United Kingdom
Laws of the European Union or United Kingdom permit you request that we:

1. provide access to and/or a copy of certain information we hold about you;
2. prevent the processing of your information for direct-marketing purposes;
3. update information which is out of date or incorrect;
4. delete certain information that we are holding about you;
5. restrict the way that we process and disclose certain of your information;
6. transfer your information to a third-party provider of services; and
7. revoke your consent for the processing of your information.

Please note, however, that certain information may be exempt from such requests in some circumstances, which may include needing to continue processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.

To exercise any of these rights, please contact us as described in the “Contacting Hireguide” section below. In addition to those rights, you have the right to lodge a complaint with the relevant supervisory authority. However, we encourage you to contact us first, and we will do our best to resolve your concern.

14 / California Residents

California Civil Code Section § 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.  We do not share your personal information for such purposes.

15 / Changes to this Privacy Policy

This Privacy Policy may change from time to time at our sole and absolute discretion. When we update the Privacy Policy, we will revise the “Last updated” date above and post the new Privacy Policy.  If we make a material change to the Privacy Policy, we will provide you with appropriate notice in accordance with legal requirements. By continuing to use the Site or Services, you are confirming that you have read and understood the latest version of this Privacy Policy.

16 / Contacting Hireguide

Hireguide, 129 Alta Ave, Santa Monica, CA 90402, USA
‍
If you have any questions, or believe that any personal data may have been compromised, please contact us at support@hireguide.com.

This cookie policy for Hireguide’s online platform related to its interviewing platform and talent acquisition services (this “Cookie Policy”) supplements and expands upon the Privacy Policy that Hireguide Inc., a Delaware corporation, and its subsidiaries and affiliates (collectively, “Hireguide”), implements to collect, use, share, and store information, including Personal Information about you. Hireguide’s Privacy Policy, as it is updated from time-to-time, can be viewed here, and is incorporated herein by reference. Any undefined capitalized terms hereunder shall have the meaning ascribed to them in the Privacy Policy.

The purpose of this Cookie Policy is to generally provide guidance and information to you regarding what a cookie is, how we and our affiliates and third-party service providers use them, and how you may manage our use and access to them. By continuing to use the Hireguide Services, you hereby agree to the terms and conditions of this Cookie Policy. If you do not agree to this Cookie Policy, you do not have permission to continue using the Websites or the Hireguide Services in any way.

01 / Cookies

A cookie is a text file that is stored on your computer that carries small pieces of data related to your experience and interaction with a website. Some data collected and stored in cookies can be used to identify you or your computer to make part of your or the website’s experience more efficient. As an example, we may use cookies to remember your preferred language, to make the ads you see more relevant to you, to count how many visitors we receive to a page, to help you sign up for our services, to protect your data, and to remember your ad settings. Since some of that data intuitively can be used to identify you in some way, it is important to us to explain to you what cookies we use, the information they collect, and what we do with that information.

02 / The Cookies we Use

When the Websites collect information, we set a cookie that enables us to enhance your use of the Websites, for example by pre-populating your information in another Hireguide online form you may complete in the future. Your web browser may also set one or more cookies that serve the same or similar purposes.

Like most Internet sites, the Websites routinely record log entries and technical information when your browser, mobile device, or Hireguide Product contacts our servers, including:

1. Inferred location
2. Browser type and version
3. Device type
4. Referring domain
5. Other anonymous metadata inferred from your web session

In addition to the aforementioned data, cookies may be stored on your computer when you browse the Websites. We use cookies primarily to determine how visitors engage with the Websites (e.g., the pages you view, the links you click, how frequently you access the Websites, the number of visits over time, etc.).

We may also use clear gifs in HTML-based emails sent to our users or other contacts in order to track which emails are opened and which links are clicked by recipients. This information allows for more accurate reporting and improvement of the websites, engagement for the purchase or use of Hireguide Services, and our marketing efforts. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends of the websites and engagement for the purchase of Hireguide Services. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third-party applications, and other information that assists us in analyzing and improving the websites and purchase of Hireguide Services.

03 / Your Options and Rights

Although we do our best to honor the privacy preferences of our Users, we are not able to respond to Do Not Track signals from your browser at this time, as we believe that there is no consistent industry standard for how to respond to Do Not Track browser settings.

You can “opt out” of the collection of any information through cookies or other tracking technology by actively managing the settings on your browser or mobile device. Please refer to your browser’s or mobile device’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Note, however, that opting out may render some functions on your computer or on the Websites inoperable. To learn more about cookies, clear gifs/web beacons and related technologies and how you may opt-out of some of this tracking, you may wish to visit one of the following sites:
‍
http://www.allaboutcookies.org
http://www.networkadvertising.org

We may also permit third-party ad networks, social media companies, and other third-party services to collect information about browsing behavior from visitors to our Websites through cookies, social plug-ins, or other tracking technology. We may permit third-party online advertising networks to collect information about your use of the Websites over time so that they may display ads that may be relevant to your interest in Hireguide or the Hireguide Services on other websites or services. Typically, the information is collected through cookies or similar tracking technologies. We and our third-party partners may use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics, and market research. Certain tracking technologies we use are related to advertising networks, and through those technologies we may share certain information such as IP addresses. Please note that the information we share with those advertising networks might be combined with other information about you that those networks may have collected from other sources.

04 / Changes to Hireguide’s Cookie Policy

This Cookie Policy may change from time to time at our sole and absolute discretion. We make efforts to provide notice of any changes on the Website or by contacting you, but you can always reference this statement on the Website.

05 / Contacting Hireguide

Hireguide, 129 Alta Ave, Santa Monica, CA 90402, USA
‍
If you have any questions about this Cookie Policy, or believe that any personal data may have been compromised, please contact us at support@hireguide.com.

Thanks for beta testing Hireguide!

This Agreement provides the terms and conditions under which Hireguide PBC (“Hireguide,” “we,” or “us”) will provide you with unsupported access to use the beta version of our online interviewing platform (the “Beta Services”). Your use of the Beta Services is also governed by our Terms of Service. If there is a conflict between the Terms of Service and this Agreement, this Agreement will control to the extent of the conflict.
‍
Your use of the Beta Services is also governed by our Terms of Service. If there is a conflict between the Terms of Service and this Agreement, this Agreement will control to the extent of the conflict.

01 / Beta Services Access

When you use the Beta Services, you will get access to confidential materials, services, products, and features (including any related components, accessories, and documentation) in connection with the Beta Services  (collectively,  the “Beta Materials”). In exchange, we will receive the benefit of your Feedback (as defined below) as a beta tester of the Beta Materials and the Beta Services. All Beta Materials and the Beta Services, including   any intellectual property rights therein, are and shall remain the property of Hireguide.

02 / Your Responsibilities and Feedback

You agree to evaluate the Beta Services and Beta Materials, inform us of any errors, bugs or failures you identify, and provide us with feedback, ideas, modifications, suggestions, improvements, directly or indirectly associated with the Beta Services and Beta Materials (collectively, the “Feedback”). We may also ask you to provide additional Feedback via questionnaires, surveys, test documents, and other inquiries.

All Feedback you give us, including any intellectual property rights therein, will be the property of Hireguide. You agree to assign, and hereby assign, all right, title, and interest worldwide in any Feedback provided by you and the related intellectual property rights to Hireguide, and you acknowledge that such Feedback is confidential information that belongs to Hireguide. Hireguide may disclose or use any Feedback for any purposes whatsoever without any obligation to you.

03 / Privacy

You acknowledge that we will collect, use, and disclose your personal information as described in our Privacy Policy.‍

04 / Confidentiality

As part of your use of the Beta Services and Beta Materials, you will receive, have access to, and otherwise become acquainted with various, materials, software, data, interview materials, hiring materials, related intellectual property thereof other proprietary information relating to Hireguide, the Beta Services, the Beta Materials, and other products and services which is of a confidential nature (“Confidential Information”).

You agree that you will never (i) disclose any Confidential Information  to anyone or (ii) use Confidential Information for any purposes other than accessing the Beta Services and providing Feedback to us.

You have no obligation of confidentiality with respect to any Confidential Information which (i) is or becomes generally available to the public, (ii) was received by you on a nonconfidential basis prior to your receipt of the same information from us, or (iii) becomes available to you on a nonconfidential basis from a person, other than Hireguide, who does not have an obligation of confidentiality.

05 / Disclaimer of Warranty; Limitation of Liability

By its nature, the Beta Services and the Beta Materials may contain errors, bugs and other problems that could cause system failure and the testing and quality assurance of the Beta Services and the Beta Materials may not yet be completed. You acknowledge and agree that the Beta Services and the Beta Materials may contain, in the sole discretion of Hireguide more or fewer features than the subsequent commercial release version. Because the Beta Services and the Beta Material are subject to change, we reserve the right to alter them at any time.

Without limiting any disclaimer of warranty or other limitation stated herein, you agree that the Beta Services and the Beta Materials are not considered by Hireguide to be suitable for commercial use, and that they may contain errors affecting their  proper operation.

YOU ACCEPT THE BETA SERVICES AND THE BETA MATERIAL “AS IS.” HIREGUIDE MAKES NO WARRANTY OF ANY KIND REGARDING THE BETA SERVICES OR THE BETA MATERIALS. HIREGUIDE HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY  OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS.

EXCEPT AS OTHERWISE REQUIRED BY LAW, THE LIABILITY OF HIREGUIDE ARISING OUT OF OR IN CONNECTION  WITH  THESE TERMS OR THE USE OF THE BETA   SERVICE   AND/   OR   BETA   MATERIALS   HOWEVER   CAUSED   AND   ON   ANY THEORY OF LIABILITY INCLUDING CONTRACT,  STRICT LIABILITY NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES   PAID   TO   HIREGUIDE   HEREUNDER.     IN   NO   EVENT   WILL   HIREGUIDE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS, REVENUE, DATA OR DATA USE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

06 / Governing Law; Venue

The construction, interpretation, and enforcement of this Agreement will be governed by the laws of the State of Delaware.  The courts of the State of California will have jurisdiction over any action arising out of this Agreement and over the parties, and the venue shall be the in the Southern District of California, or the superior courts in Los Angeles County.