Chirpy Terms of Service & Regulatory Guidelines

Regulatory Guidelines

Chirpy currently operates in the United States of America. The country has marketing guidelines set forth by the Bureau of Consumer Protection (BCP), Federal Communication Commission (FCC) and the Mobile Marketing Association (MMA). Chirpy is not liable for potential variance, misinterpretation, inaccuracies, or inconsistencies which may appear on pages outside of our domain. Chirpy is also not liable for penalties incurred in the event of a violation of the CAN-SPAM Act, Telephone Consumer Protection Act (TCPA) or violations of other government regulations resulting in penalty.

Federal Communications Commission – Telephone Consumer Protection Act (TCPA)

Bureau of Consumer Protection – CAN-SPAM Act : A Compliance Guide for Business

Mobile Marketing Association – Code of Conduct for Mobile Marketing

Last Updated: September 14th, 2017

CHIRPY, LLC ("CHIRPY") IS WILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY CLICKING ON "I ACCEPT", YOU WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY OR PERSON, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR PERSON TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY OR PERSON, THEN CHIRPY IS UNWILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE.

Effective Date: September 6, 2017

To review material modifications and their effective dates scroll to the bottom of the page.

1. Parties.

The parties to this legal Agreement are you, and the owner of this chirpyhire.com website business, Chirpy. If you are not acting on behalf of yourself as an individual, then "you", "your", "yourself", and "user" means your company or organization or the person you are representing. All references to "we", "us", "our", "this website" or "this site" shall be construed to mean this chirpyhire.com website business and Chirpy.

2. Agreement.

The legal Agreement between you and Chirpy consists of this User Agreement and our Privacy Policy which are incorporated herein and accessible on this site's home page.

3. Modification of Agreement.

We reserve the right to modify this Agreement at any time by posting an amended Agreement that is always accessible through a link on this site's home page and/or by giving you prior notice of a modification. You should check this Agreement periodically for modifications by scrolling to the bottom of this page for a listing of material modifications and their effective dates. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF AN AMENDED AGREEMENT OR PROVIDING YOU NOTICE OF A MODIFICATION WILL CONSTITUTE BINDING ACCEPTANCE.

4. Subscription Eligibility.

Subscriptions are not available to minors under the age of 18 years of age and any user that has been suspended or removed from the system.

5. Subscription Services.

Subscription services include recruiting software ("Services"). We reserve the right to update and modify the Services from time to time. Jobs are posted on up to 10,000 job sites. We use proprietary algorithms to manage the placement of job ads for you. This means job ads may not be live on all job boards for the entire subscription period as our algorithms automatically adjust placements to maximize the number of candidates sourced for you.

6. Subscription Use and Restrictions.

Subject to the terms and conditions of this Agreement, our Terms of Use, and our Privacy Policy, you may access and use this site's Services, but only for your own internal purposes. All rights not expressly granted in this Agreement are reserved by us and our licensors.

6.1 You will be granted authorized login protocols for the Services, and you agree not to use the Services in excess of your authorized login protocols. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site.

6.2 You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its Services or content; (ii) modify or make derivative works based upon the site, its Services or content;(iii) "frame" or "mirror" any site, its Services or content on any other server or Internet-enabled device; or (iv) reverse engineer, decompile, or disassemble the Services or their enabling software for any purpose.

6.3 You are not authorized to use our Services or servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable. The designation of any such materials is entirely at our sole discretion.

6.4 Limitations on Use. You understand that not all messages or campaigns sent through use of the Services will be received by or will be capable of being viewed by their intended recipients. You further understand that delivery of messages by means of the Services may involve transmissions over various networks, and that the messages could be reformatted or otherwise revised to conform to the formatting or technical requirements of such networks. You also understand and agree that messages exceeding maximum character limitations may be truncated, abbreviated, reduced or otherwise abruptly cut short. You agree that we may establish general practices and limits concerning use of the Services, including without limitation the maximum number of messages or campaigns that may be distributed by you and/or the maximum size of any messages or campaigns that may be transmitted by means of the Services. We reserve the right to modify, revise, suspend or discontinue any Service in whole or in part, either temporarily or permanently and with or without notice, and you acknowledge that we are not obligated to support or update the Services in any manner. If we discontinue any Service in its entirety, we will provide you with advance notice and an opportunity to cancel your account.

7. Ownership.

The material provided on this site and via our Services is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property rights in this material are owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.

8. Confidentiality.

You acknowledge our claim that the Services and this site embody logic, design, and coding methodology, which constitute valuable confidential information that is proprietary to us and our licensors ("Confidential Information and Trade Secrets"). You agree (i) to not use or disclose the non-public information regarding the Services except as expressly provided herein, and (ii) to safeguard the right to access the Services and the Site, using the same standard of care which you use for its similar confidential materials, but in no event less than reasonable care.

9. Your Rights Under The Defend Trade Secrets Act of 2016.

Nothing in this Agreement is intended to prohibit you from exercising your rights under the United States Defending Trade Secrets Act of 2016. You have the right to disclose our Confidential Information and Trade Secrets in each of the following circumstances without incurring criminal or civil liability. You may disclose our Confidential Information and Trade Secrets: (i) in confidence to a federal, state or local government entity, or to an attorney, solely for the purpose of reporting a suspected violation of law or in an investigation of a suspected violation of law, or in a legal proceeding under seal, and (ii) you may disclose our Confidential Information and Trade Secrets in a complaint or other document filed in a lawsuit or other proceeding provided that the filing is made under seal. This includes a lawsuit you may file for retaliation by us for your reporting a suspected violation of law to a government entity. You may not otherwise disclose any Confidential Information of Trade Secret except pursuant to a court order.

10. Subscription Term.

The term of your subscription shall be specified during the registration process. After the expiration of this term, you may purchase another subscription in accordance with the terms and conditions posted at this site.

11. Termination.

You agree that we may terminate your account and access to the Services for cause without prior notice, upon the occurrence of any one of the following: (i) any material breach of this Agreement, including without limitation any failure to pay fees as they become due or any unauthorized use of the site or Services, or (ii) requests by law enforcement or other government agencies. Termination of your account includes (i) removal of access to all Services, and (ii) deletion of your login data, password, and all related information. Further, you agree that all terminations shall be made in our sole discretion, and that we will not be liable to you or any third-party for any termination of your account or access to Services. If we elect to terminate this Agreement for cause, we may elect, in our sole discretion, not to refund any prepaid fees or other amounts to you.

12. Your Account-Related Responsibilities.

You are responsible for maintaining the confidentiality of your login ID, password, and any additional information that we may provide regarding accessing your account. If you knowingly share your login ID and password with another person who is not authorized to use the Services, this Agreement is subject to termination for cause. You agree to immediately notify us of any unauthorized use of your login ID, password, or account or any other breach of security.

13. Subscription Fees; Periodic Payment; ROSCA Disclosures.

13.1 You agree to pay subscription fees as specified in the registration process. Payment of subscription fees may be by credit card online at this site, or by any other method approved by us. Fees are non-refundable, unless expressly provided otherwise on this site. If for any reason we are unable to charge your credit card with the full amount of the fees, or if we are charged back for any fee previously charged to your credit card, you agree that we may pursue all available remedies to pursue payment, including without limitation, suspension or termination of your account and rights to all Services from this site.

13.2 In accordance with the Restore Online Shoppers Confidence Act (ROSCA), you hereby authorize Chirpy to charge the credit card used in the registration process, as follows: charges will be , for the dollar amount, and for the billing periods that are specified in the registration process. If the credit card authorization fails, we will request updated credit card information. However, if you do not provide updated credit card information that successfully authorizes within 72 hours after notice, we may terminate your account and rights to all Services from this site.

13.3 We will email you a notice after each payment that will also provide you with a simple mechanism for canceling all future payments.

14. Technical Support.

We shall answer questions by chat, email, and telephone during our normal business hours regarding the use of the Services.

15. Warranty Disclaimers.

EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED "AS-IS", AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR 100% SECURE. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16. Limitation of Liability.

IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA AND/OR UNAUTHORIZED ACCESS OR ACQUISITION OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES OR THIS SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. Intended For Use Only In The United States.

This site is intended for use only from within the United States. We do not represent that this site is appropriate for use elsewhere. Access to this site from locations where its contents are illegal is not authorized.

18. Onward Transfer of Personal Information Outside Your Country of Residence.

Any personal information which we may collect on this site will be stored and processed in our servers located only in the United States. If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.

19. Export Control.

This site provides Services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. The user of this site ("User") acknowledges and agrees that the site and Services shall not be used in, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to, countries to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

20. Registration Data.

Registration is required for you to establish an account at this site. You agree (i) to provide certain current, complete, and accurate information about you as prompted to do so by our online registration form ("Registration Data"), and (ii) to maintain and update such Registration Data as required to keep such information current, complete and accurate. You warrant that your Registration Data is and will continue to be accurate and current, and that you are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in its sole discretion, to suspend or terminate rights to use your account.

21. User Information

"User Information" is defined as any information, content and/or materials User posts on the Site or within the Application, submits to Chirpy and/or submits to any other User on or through the Site or Application or by any other medium or method, including providing user information to a Chirpy Account Representative via phone. Chirpy will use User Information in accordance with the Chirpy Privacy Policy. User agrees and acknowledges that Chirpy acts as nothing more than a passive conduit for User Information and User is solely responsible for its User Information. User Information, including without limitation in connection with registration and Users' profiles, is self-reported and User understands and agrees that Chirpy does not independently verify that any or all of the User Information is accurate, timely or complete. User understands and agrees to make its own decisions and assessments about persons to engage or any other business relationship it may consider through use of the Site and/or Application. Chirpy will not be responsible for the acts of other Users with respect to User Information. Chirpy expressly disclaims, and each User expressly releases Chirpy from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any User Information, including without limitation to any acts of or reliance upon by other Users with respect to such User Information and/or any comments made by User about others. User agrees and acknowledges that any views, recommendations or statements posted within any blog or other discussion forum made available on the Site and/or through the Application, some of which Users may find offensive, indecent, objectionable and/or inaccurate, are not endorsed or approved by Chirpy and do not represent the views or opinions of Chirpy and/or its agents, and as such, Chirpy shall not be responsible or liable in any way in connection with or relating to any such views, recommendations and/or statements. In addition, User agrees and acknowledges that Chirpy has no control over, and is in no way responsible for, the types of responses or communications, the origin of any responses or communications, the content of any responses or communications and/or the quality of any responses or communications a User may receive in connection with any post or submission to the Site and/or within the Application. Job postings at the Site or within the Application may turn out to be inaccurate, unavailable, contrary to applicable laws and/or regulations and/or fraudulent, and submissions in connection with job postings may turn out to include unqualified or unlicensed candidates, candidates with undisclosed criminal backgrounds and/or candidates making false or fraudulent representations regarding background, identify and/or qualifications. You are solely responsible for performing all due diligence and/or investigation necessary to evaluate any information or submission you receive through or in connection with the Site and/or Application, and for ensuring compliance with all applicable employment and other laws and regulations, including without limitation all laws regarding nondiscrimination.

User represents and warrants that it is the owner or licensee or otherwise has the right to disclose such User Information and, in exchange for being permitted to use the Site and/or Application, User grants to Chirpy an irrevocable, perpetual, non-exclusive, fully-paid, world-wide, transferable, sub-licensable license to use, copy, perform, display, reproduce, adapt, modify, and distribute such User Information and to prepare derivative works of, or incorporate into other works and to grant sublicenses to any of the above.

User represents and warrants that any User Information: (A) shall not be inaccurate, untimely, incomplete or misleading, including without limitation in connection with registration, User's profile and/or use of the Site or Application; (B) shall not infringe any third party's rights, including without limitation copyright, patent, trademark, trade secret or other propriety right or rights of publicity or privacy; (C) shall not violate any law, statute, ordinance, or regulation, including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising or the provision of child care, elder care or health care; (D) shall not be defamatory, libelous, threatening or harassing; (E) shall not be obscene or contain pornography or be harmful to minors; (F) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network; and (G) shall not create liability for Chirpy or cause Chirpy to lose (in whole or in part) the services of the Chirpy ISPs or other partners or suppliers. Chirpy may, but is not obligated to, review or delete any User Information that, in Chirpy' sole discretion, violates these Terms of Use or any other Chirpy policy. If Chirpy becomes aware of inaccurate, untimely, incomplete or misleading User Information, it may suspend and/or terminate such User's membership with or without notice. Each such suspended and/or terminated User agrees to make no further use of the Site or Application during suspension or after termination.

User, by accepting this Agreement and/or making any use of the Site or Chirpy services, hereby (i) agrees and acknowledges that any information, content or data submitted by User to Chirpy or otherwise input into the Site or any Chirpy software platform, including without limitation, first and last name, phone number, e-mail and resume data (collectively, "Submitted Information"), may be used by Chirpy to perform services and/or to send commercial and/or other types of e-mail to User in connection with providing Chirpy services and/or advertising other products or services to User, and (ii) consents and opts-in to receiving commercial emails and SMS from Chirpy. User may, at any time, elect to revoke the above-described consent and opt-in by sending an e-mail to hello@chirpyhire.com and including "Opt Out" in the Subject line. Chirpy is not responsible for the usage of data or the result of strategies implemented due to the usage of data.

22. Monitoring.

We reserve the right to monitor your access and use of this website without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy link on this site's home page.

23. Security.

You shall be solely responsible for acquiring and maintaining technology and procedures for maintaining the security of your link to the Internet. We shall implement reasonable and adequate security procedures consistent with prevailing industry standards to protect data from unauthorized access by physical and electronic intrusion; provided, however, unless resulting from our failure to perform the forgoing obligations, you agree that we shall not, under any circumstances, be held responsible or liable for situations (i) where data or transmissions are accessed by third parties through illegal or illicit means, or (ii) where the data or transmissions are accessed through the exploitation of security gaps, weaknesses, or flaws unknown to us at the time. We will promptly report to you any unauthorized access to your data promptly upon discovery by us, and we will use diligent efforts to promptly remedy any breach of security that permitted such unauthorized access. In the event notification to persons included in your data is required, you shall be solely responsible for any and all such notifications at your expense.

24. Notices.

We may give notice to you by means of (i) a general notice in your account information, (ii) by electronic mail to your e-mail address on record in your Registration Data, or (iii) by written communication sent by first class mail or pre-paid post to your address on record in your Registration Data. Such notice shall be deemed to have been given upon the expiration of forty eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to us as follows: Chirpy, LLC, 4470 Chamblee Dunwoody Rd #510, Atlanta, GA 30338, in either case, addressed to the attention of "President of the Company". Notices will not be effective unless sent in accordance with the above requirements.

25. Arbitration.

By agreeing to arbitration, you understand and agree that you are waiving your rights to maintain other resolution processes, such as a court action or administrative proceeding, to settle your disputes. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Atlanta, Georgia, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Georgia, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.

26. Jurisdiction and Venue; Applicable Law.

The courts of Fulton County in the State of Georgia, USA and the nearest U.S. District Court in the State of Georgia shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement. The laws of the State of Georgia, USA shall apply to all issues in dispute, excluding its rules regarding conflicts of law.

27. Severability.

If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

28. Force Majeure.

We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

29. Survival.

Those clauses the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding the expiration or termination hereof.

30. U.S. Government End-Users.

We provide the Web Services, including related software and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Web Services include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data - Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not conveyed under these terms, it must negotiate with us to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement. Unpublished-rights reserved under the copyright laws of the United States.

31. Enforceable To The Extent Miscellaneous Permitted By Law; Miscellaneous.

The terms and conditions of this Agreement are enforceable to the extent permitted by law. This Agreement, our Terms of Use, and our Privacy Policy (collectively the "Website Terms and Conditions") constitute the entire understanding of the parties with respect to this site and merges all prior communications, representations, and agreements. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This license is written in English, and English is its controlling language. If you are located outside the U.S., then the following provisions shall apply: (i) Les parties aux presentes confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui siy rattache, soient rediges en langue anglaise (translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language."); and (ii) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use this site, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this agreement enforceable.

32. Prohibition on Spam; Permission Practices

32.1 Prohibition on Spam. The Services may not be used for the sending of unsolicited text messages (sometimes called “spam”). All messages sent by means of the Services shall be in compliance with the Bureau of Consumer Protection’s CAN-SPAM Act or the Telephone Consumer Protection Act (“TCPA”).

32.2 You are responsible for ensuring that your use of the Services do not generate a number of spam or other complaints in excess of industry norms. We may terminate your access to or use of the Services if we determine that your level of spam or other complaints is higher than industry norms, as determined by us in our sole discretion. As a matter of privacy, we will not share with you information about those recipients who complain about your use of the Services or file a spam report against you.

32.3 You agree to import, access or otherwise use only contact lists in connection with you and the Employees for which all listed parties have consented to receive correspondence from you (such applying to a job on your site, HR information, hourly scheduling or any company communication agreed upon). You agree not to send messages through the Services to non-approved distribution lists, newsgroups, publicly available press or media addresses or purchased cell phone numbers.

32.4We reserve the right without notice to take all measures of any nature (whether legal, technical or otherwise) to prevent unsolicited bulk text messaging and/or other unauthorized texts or campaigns from entering, utilizing or remaining within our network.

32.5 Messages. In your use of the Services, you shall represent yourself or your organization accurately and will not impersonate any other person, whether actual or fictitious.

32.6 You agree that you are the sole or designated “sender” (as such term is defined in the CAN-SPAM Act of 2003 or the Telephone Consumer Protection Act (“TCPA”) and any rules or regulations adopted under such act (the “CAN-SPAM Act”)) of any message sent by you using the Services.

32.7 You agree that for any text message sent by you using the Services, you will accurately and in a non-deceptive manner identify yourself and your organization and the purpose of the text.

32.8 Unsubscribe. Due to the nature of texting, unsubscribes will come in the form of a text communication, email or phone call coming from the receiver of the text message (“contact”). This communication will allow subscribers to remove themselves from your texting list. Chirpy will monitor these unsubscribe requests and “immediately” unsubscribe the contacts based on the request from the user and update the text addresses to which messages are sent through your Chirpy account. Unsubscribes will be reported back to you and will be blocked from further communication. You cannot charge a fee, require the recipient to give you any personally identifying information beyond a phone number, or make the recipient take any step other than sending a reply text or visiting a single page on an Internet website as a condition for honoring an unsubscribe request. As required under the CAN-SPAM Act and the Telephone Consumer Protection Act (“TCPA”), you acknowledge that you and you alone are responsible for maintaining and honoring the list of unsubscribe requests following termination of your Chirpy account and this Agreement. Chirpy will assist in monitoring and being the central record of this.

32.9 You agree that you shall not utilize the Services to send any message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose) (a “commercial electronic mail message” as defined in the CAN-SPAM Act or the Telephone Consumer Protection Act (“TCPA”)) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting.

33. SMS/MMS Terms

By registering to receive communications including job alerts ("Job Alerts") via Short Message Service or text ("SMS/MMS Alerts Service"), you are agreeing to the terms and conditions of this Agreement and of the Chirpy Privacy Policy.

Authorization: You certify that you are authorized: (a) to enroll the designated mobile phone number in the SMS/MMS Alerts Service, and (b) to incur any mobile message or data charges that may be incurred by participating in the SMS/MMS Alerts Service.

Subscribing to SMS Alerts: You may subscribe to SMS/MMS Alerts by entering and submitting your phone number in the provided submission form available on our website. By entering your phone number and completing the submission form, you consent to these terms and to receive text message communications from Chirpy as described herein. A text message will be delivered to the mobile number you provided confirming your enrollment once you have submitted your phone number. You are responsible for managing the types of texts (whether SMS or MMS) you receive.

By subscribing to SMS/MMS Job Alerts, you expressly consent and agree to accept and receive Job Alerts and related communications via text message to your mobile device and to the cellular/mobile telephone number(s) that you provided to us. The information in any message may be subject to certain time lags and/or delays.

Frequency of Messages: The number and frequency of SMS/MMS Alerts sent to your device depends on several factors including the number of recently posted jobs matching your search criteria, jobs that you have applied to or your resume, and if you’ve asked for help or support via text messaging.

To Stop Messages: Reply STOP to any text message you receive, or contact Chirpy Customer Service at the contact information listed at www.chirpyhire.com. You consent that following such a request to unsubscribe, you will receive one (1) final message from Chirpy confirming that you have been inactivated in our system. Please allow up to three (3) business days to process your request.

For Help: Visit www.chirpyhire.com for Customer Service contacts.

Message, Voice and Data rates may apply. By participating in the SMS/MMS Alerts Service, you approve any such charges from your mobile carrier. Check your carrier’s plan for details. You acknowledge and agree that you are solely responsible and liable for obtaining, maintaining, and paying all charges related to your mobile device(s).

No Guarantee: Chirpy is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your mobile carrier or service provider or otherwise.

Use of Automated Dialing Technology: You acknowledge and agree that the SMS/MMS Alerts Service may be provided in some cases through automatic telephone dialing technology, an artificial voice or a pre-recorded voice. By providing us your phone number, you expressly consent to receive the SMS/MMS Alerts Service through automatic dialing technology, artificial and pre-recorded voice.

General Communications: You agree to receive notifications from Chirpy, its representatives, employees, and agents, through any means authorized under these Terms, including phone calls and text messages that use automatic telephone dialing technology, artificial voice or pre-recorded voice or live person.

Carriers: Supported carriers include all major United States carriers including, AT&T, Verizon Wireless, T-Mobile®, Sprint, and others.

Termination: Chirpy reserves the right, in its sole discretion, to cancel or suspend any or all of the SMS/MMS Alerts Service, in whole or in part, for any reason, with or without notice to you.

33. Use of Customer's Name, Company Name, and Company Logo

Chirpy reserves the right to use your name, your company name, and/or your company logo as a reference for marketing or promotional purposes on our website and other communication with existing or potential Chirpy customers. To decline Chirpy this right you need to email hello@chirpyhire.com stating that you do not wish to be used as a reference.

34. Prohibited Employment Policies/Practices

Under the laws enforced by EEOC, it is illegal to discriminate against someone (applicant or employee) because of that person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

The laws enforced by EEOC prohibit an employer or other covered entity from using neutral employment policies and practices that have a disproportionately negative effect on applicants or employees of a particular race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), or national origin, or on an individual with a disability or class of individuals with disabilities, if the polices or practices at issue are not job-related and necessary to the operation of the business. The laws enforced by EEOC also prohibit an employer from using neutral employment policies and practices that have a disproportionately negative impact on applicants or employees age 40 or older, if the policies or practices at issue are not based on a reasonable factor other than age.

You must ensure that your use of Chirpy products and services does not violate EEOC or any other federal, state, or local employment regulations. If you find that your use of Chirpy products and services is violating any employment regulation you must correct the violation immediately.

35. Indemnification.

You agree to indemnify, defend and hold harmless Chirpy and its officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from your use of the Chirpy Service, your violation of these terms or your infringement, or infringement by any other user of your account, any intellectual property or other right of any person or entity.

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Last Modified On: October 14, 2017.

Attributions

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schedule by Gregor Cresnar from the Noun Project

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people by Gregor Cresnar from the Noun Project

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paper plane by Lesha Petrick from the Noun Project

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Arrow by Ersin from the Noun Project

Compass by Gregor Cresnar from the Noun Project

Stopwatch by Nikita Kozin from the Noun Project

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