By using our website, you agree to all of the following:
General TermsThis website and its use is governed by the laws of the state of California and the United States. By using this website, you agree to resolve any claims against AmberHR in the jurisdiction of United States District Court, Santa Ana, CA. Neither, AmberHR, nor any of its associates can be held liable in any way, shape, or form for any losses or consequences resulting from using our website. Any resume submitted for a position on this website is accessible to the employer posting the position. Additionally, all submitted resumes get entered into a resume database, which is searchable and accessible to Employers for a fee, paid by credit card. AmberHR actively monitors access to resumes to ensure that any unauthorized access is not permitted.
Intellectual Property RightsThe Sites, the AmberHR Materials and all right, title and interest in and to the Sites and AmberHR Materials are the sole property of AmberHR or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, AmberHR reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or AmberHR Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Sites other than the search engine and search agents available from AmberHR on such AmberHR Sites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the AmberHR Sites, without the express written consent of AmberHR. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The AmberHR Materials are not considered to be works for hire and you may duplicate such AmberHR Materials only for the purposes outlined in the Service Activation Agreement. "AmberHR," "Personified", the AmberHR design logo and certain other names or logos are service marks or trademarks of AmberHR, and all related product and service names, design marks and slogans are the service marks or trademarks of AmberHR. In addition, the "look" and "feel" of the Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by AmberHR's trademarks, service marks and copyrights. Any code that AmberHR creates to generate or display the Content or the pages making up the Sites is also protected by AmberHR's copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or AmberHR Materials on any authorized copy you make of the Content or AmberHR Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.
License to Use by Users who are Job SeekersAmberHR hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Sites solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Sites is a privilege. AmberHR reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
License to Use by Users who are EmployersAmberHR hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Sites solely for your personal use directly related to searching for and recruiting job prospects. AmberHR also grants you a limited, terminable, non-exclusive license to use the AmberHR Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by AmberHR to any third party without the express written authorization of AmberHR. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. AmberHR reserves the right to suspend or terminate your access and use at any time if AmberHR determines that you are in breach of these Terms and Conditions.
Links to Other Sites
The AmberHR Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by AmberHR of the contents on such third-party Web sites. AmberHR is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.
No Resale or Unauthorized Commercial Use
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any AmberHR Site.
You agree to defend, indemnify, and hold harmless AmberHR, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any AmberHR Site, (ii) Your use of any AmberHR Content, or (iii) Your breach of these Terms. AmberHR shall provide notice to You promptly of any such claim, suit, or proceeding.
Fees & Costs - Job Postings, Resume Searches
- All job listings must have appropriate title.
- Any language that says not to click on the APPLY button or that applications through the APPLY button are not accepted is PROHIBITED.
- Any job listing deemed inappropriate by administration will be removed.
- Violations of our policy may result in your account being suspended.
- All job postings are billed at a rate of $25 per posting per 30 days with 90 day terms.
- Resume database access and search services are billed at the rate of $995.95/month with 12 month terms.
- Free promotional job postings for smaller businesses (under $200,000 in annual revenue) are available at our discretion. Please contact our sales department for customized recruiting solutions.
Payment of ServiceBy using our website, you agree to furnish timely payment for all paid services provided as stated under the terms of this agreement, including all applicable surcharges and late fees. In the event of non-payment or a legal dispute, you are acknowledging that AmberHR has the right to seek legal action in court, including compensatory, punitive, nominal, liquidation and restitution damages, as well as attorney's fees, which shall be awarded and compensated by the non-payment party.
Electronic Signature and ContractBy using our website, you are acknowledging that an electronic contract is created between you and AmberHR that is governed by the AmberHR terms of service. For employers: when registering on our website, as part of the registration process you must sign your name on a legally binding contract. By signing this contract, you agree that you have the authority to enter into legally binding contracts on behalf of your employer. An electronic signature on this contract constitutes a legal and binding signature under State and Federal law, as well as under the Electronic Act of 2000. If you are an employee of a company or work for an entity that is an organization (either for profit or non-profit), by using our website you agree and confirm that you have the authority to enter into legally binding agreements and contracts on behalf of your employer. This section is governed by all applicable state and government laws, as well as the Electronic Act of 2000.
Non-Disparagement ClauseBy using this website, you agree not to disparage website or website's performance or otherwise take any action which could reasonably be expected to adversely affect website's reputation. Similarly, you will not disparage the website or any of its directors, officers, agents or otherwise take any action which could reasonably be expected to adversely affect the personal or professional reputation of the website or any of its directors, officers, agents or employees.
ResumesBy submitting your resume to us, you agree that your resume will be entered into our searchable resume database. All submitted resumes are entered into our resume database and are searchable by users with employer account. If you decide to make a public profile, your resume will be visible to everyone, including search engines. We do try to monitor employer accounts, however we cannot make any guarantees regarding the credibility or identity of employers viewing the resumes.
Some Important Tips To Use When Dealing With Prospective Employers
- Never give our your social security number to a prospective employer.
- Never provide credit card or bank numbers or monetary transaction of any sort.
- Be cautious when dealing with contacts outside of your own country.
- Do not provide any non-work related personal information (i.e. social security number, eye color, marital status, etc.) over the phone or online.
Paid Services for Job SeekersOur portal has several paid services. Among them are job postings and resume distribution services. The company makes no guarantees regarding resume distribution services or response to resume blasts. Some job seekers might not get any response after a resume blast due to poorly formatted resume or lack of employer interest in a particular geographic area.
Disputes, Venue, Billing and CollectionsBy using our website, you agree that AmberHR reserves the right to bill for services provided according to the prices and terms stated in its Terms of Service. AmberHR reserves the right to charge reasonable late fees for all unpaid invoices. By using our website, you agree that AmberHR reserves the right to file a legal collections dispute in the venue of its choice. By using this website, you agree to resolve any claims against AmberHR in the venue of choice of AmberHR, most likely in the jurisdiction of United States District Court, Santa Ana, CA.
Disclaimer of WarrantyTo the fullest extent of the law, AmberHR does not warrant that any AmberHR site or any AmberHR services will operate error free or that any AmberHR site and its services are free of any computer viruses. If use of content content results in the need for servicing or replacing equipment or data or any other costs, AmberHR is not responsible for those costs. the AmberHR sites and AmberHR content are provided on an "as is" basis without any warranties of any kind. AmberHR, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. AmberHR makes no warranties about the accuracy, reliability, completeness, or timeliness of the AmberHR content, services, software, text, graphics, and links.
Disclaimer of Consequential DamagesTo the fullest extent of the law, at no event should AmberHR, it's suppliers or any third parties mentioned on AmberHR be liable for any damages whatsoever (including, without limitation, incidental or consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity or busines interruption) resulting from the use or inability to use AmberHR site and the AmberHR content, whether based on warranty, contract, tort or other legal thoery, and whether or not AmberHR is advised of the possibility of such damages.
Limitation of LiabilityTo the fullest extent of the law, AmberHR's maximium liability arising from any legal matter involving AmberHR site or the use of AmberHR content, regardingless of the type of cause of legal action shall not exceed $100.