Hooble is domiciled in the State of Connecticut; therefore these terms shall be interpreted under the internal laws of State of Connecticut. If one or more of terms are found to violate any law or regulation, the rest of the terms will remain in effect. These terms constitute the entire agreement between Hooble and the user regarding the subject matter of the terms, and these terms supersede any prior oral or written understandings between Hooble and the user.
All disputes, controversies or differences arising in connection with the validity, execution, performance or breach of these terms shall be finally settled in an arbitration proceeding under the Rules of the American Arbitration Association by three arbitrators in accordance with the Commercial Arbitration Rules then in effect of the American Arbitration Association. Selection of the arbitrators shall be as follows: each party shall appoint one arbitrator within twenty (20) days after the parties have agreed to go to arbitration, and those two arbitrators shall appoint a third arbitrator who shall act as chairman, within a twenty (20) day period thereafter. If the parties fail to appoint the chairman within said period, the parties will apply to the American Arbitration Association for appointment of the third arbitrator. The parties agree to be bound by the findings of the arbitration. Notwithstanding the foregoing, the federal and state courts sitting in the State of Connecticut shall have jurisdiction over injunctive or provisional relief pending arbitration. The arbitrators shall not be empowered to award punitive damages to any party. The non-prevailing party to the arbitration shall pay all the prevailing party’s expenses of the arbitration, including reasonable attorneys’ fees and other costs and expenses incurred in connection with the prosecution or defense of such arbitration.
Users must be at least 18 years of age to use the Hooble website or Hooble services. If a user is younger than 18 years, parent/legal guardian supervision is required at all times and such adult is legally responsible for any breaches of these terms as if he/she were the actual user while using the website or services. Users are considered to be anyone who either browses Hooble.com or subscribes to use the services of Hooble.com, without regard to whether they are paying or non-paying subscribers. In general, there are two categories of users; hiring parties seeking candidates on the behalf a company (“employers or employment agents”) and individuals seeking potential employment (“candidates”). A user’s account may only be made to describe one individual and cannot be made by someone other than the user. Past users that have had their accounts revoked by Hooble for any reason are not permitted to use the website unless expressly approved by Hooble in writing.
Hooble conducts business only in the United States. Users who are domiciled outside of the United States are not permitted to use this website or Hooble’s services. Additionally, no job postings may be published for positions located outside of the United States and no candidate solicitations can be made for employment outside of the United States.
Hooble Materials and Services
Hooble materials include, but are not limited to, information, content, graphics, codes and intellectual property found on the Hooble website or used in the delivery of Hooble’s services. All Hooble materials are the property of Hooble and may be protected under copyright, trademark and/or other laws. By using the Hooble website, users agree not to alter, modify, reproduce, distribute or publicly display materials without prior express written consent from Hooble. Any authorized copy of Hooble materials must stay in original form with all legal marks and notices still intact. Hooble materials may not be used by users other than in connection with the receipt of services from Hooble, and it is a violation of these terms to use the materials for any other purpose. Materials cannot be used in a manner that disparages, discredits or defames Hooble in any way or violates Hooble’s intellectual property rights. Materials cannot be used in a way that makes Hooble liable to any claims or damages from any party.
Services include, but are not limited to, the use of any of software applications, tools and/or features that are made available by Hooble on the Hooble website that aid in the job search, hiring and/or employment process and are accessed by a user via any computing or mobile device. Hooble services may not be accessed via any unauthorized device or interface. If accessed via a mobile device, additional information/ data may be shared with Hooble by the mobile service provider, in accordance with the terms and conditions that are applicable to the user’s relationship with its mobile service provider. Hooble services may not be used for any purpose other than those stated above without the express written consent of Hooble. In order to use the services, users will be required to set up an account with Hooble providing accurate data including, without limitation, an up-to-date email address. Hooble shall not be responsible for any inaccurate data that is provided to Hooble by a user. By providing an email address to Hooble, users give permission to Hooble to contact them via email about the Hooble services. Maintaining the confidentiality of said account is the responsibility of the users (e.g. passwords, settings) and any breaches in confidentiality must be immediately reported to Hooble. Hooble, including its owners, members, directors, officers, employees, operators, agents and affiliates (collectively known as “Hooble Indemnitees”), will not be liable for any damages that arise from account confidentiality breaches. No whole or part of a user’s account may be given, transferred or sold by a user to another individual. As an added service, Hooble may also provide access or links to websites other than Hooble.com (“linked sites”) that may benefit users. Hooble (including Hooble Indemnitees) shall not liable for any of the materials found on any other linked sites. The inclusion of the linked sites does not imply any relationship or association between Hooble and the owner of the linked site or any endorsement or sponsorship by Hooble of the linked sites. Hooble includes the linked sites solely for your convenience. You are solely responsible for your access of the linked sites. You shall use your own judgment, caution, and common sense when using the linked sites.
a. Damage, destroy, impair, weaken or otherwise modify Hooble’s infrastructure, services or materials or perform any other action that would change or hinder the Hooble experience for any other user.
b. Test, impair, weaken or violate Hooble’s security measures.
c. Post or publish any information or links to information that is false, inaccurate, disparaging, defamatory, misleading, sexual in nature, threatening, harassing, derogatory, offensive, distasteful, discriminatory, unethical or promotes or implies any illegal activity.
d. Post or publish any information that compromises his or her security or provides exposure to identity theft (i.e. social security number, driver’s license number).
e. Post or publish any information that breaches another user’s privacy or breaches any copyright, patent, trademark or other law.
f. Post or publish as another user or alter another user’s information in any manner whatsoever.
g. Post or publish any sort of duplicate information or create more than one account unless specifically approved by Hooble.
h. Post or publish any information unrelated to job searching, hiring and/ or the employment process.
i. Send unsolicited or unwanted information through a Hooble account or to any contacts acquired through the Hooble website (e.g. spam).
j. Request or access another user’s confidential information.
k. Allow any other user or person to access his or her account or communicate on his or her account.
l. Engage in multiple employer logins or multiple candidate logins,
m. Post or publish any information that leads other users to hidden or restricted pages or images,
n. Upload or otherwise inflict harmful codes, content or information to website (e.g. viruses or worms).
o. Use any tools or features other than those found on the Hooble website to access Hooble information including but not limited to robots and data mining tools.
p. Use Hooble content or posts outside of the website for personal gain or collection of data.
Based on these conditions and in Hooble’s sole discretion, Hooble retains the right to deem any action unacceptable at any time for any or no reason and can remove any information, post or user account at any time for any or no reason. Without limiting the foregoing, any information that breaches Hooble’s or another user’s copyright, trademark or other intellectual property rights will be removed immediately and the user’s account will be dissolved. The amount and nature of information that is acceptable to post by any single user is solely up to Hooble’s discretion. Hooble retains the right to prohibit users from posting or accessing information or materials based on the amount of information the user has already posted. The failure of Hooble to remove information within a certain time period shall not be considered acceptance or endorsement of such information by Hooble and shall not preclude Hooble from later removing such information. If Hooble believes that users may be breaching any criminal or civil law, Hooble retains the right to investigate and/or involve law enforcement as needed. Hooble also retains the right to disclose any information found on this website, including personal information, if asked or summoned to do so by law enforcement or the courts.
Specific to employers and employment agents:
Hooble is strictly a service to aid employers and employment agents in the hiring and employment process and to provide a platform for communication. Hooble is not responsible for checking the truthfulness, credibility, authenticity or completeness of candidate content or of anything posted by a candidate, employer or employment agent. If any employer or employment agent suspects another user has posted any information that is not in compliance with these terms, such information must be reported to Hooble immediately. While Hooble may, in its sole discretion, remove any post that does not comply with these terms, Hooble (including Hooble Indemnitees) shall not be liable if candidates provide false or misleading information. Hooble (including Hooble Indemnitees) are not responsible for false or untrue information exchanged during any communications of employer and candidate. Hooble (including Hooble Indemnitees) shall not be responsible for checking the correctness of anything employers or employment agents post and is under no obligation to verify information. Hooble may suggest or recommend to employers or employment agents certain steps to take in order to better their chances for finding candidates, however Hooble (including Hooble Indemnitees) shall not be liable for any hiring or staffing decisions made by any employer or employment agent based on information retrieved from the Hooble website. Notwithstanding any recommendations or information provided by Hooble to any employer or employment agent during the hiring process, each employer and employment agent are solely responsible for each hiring decision and acknowledge and agree that Hooble’s role is to limited to providing means for communication and advice regarding effective communication methods. Additionally, Hooble (including Hooble Indemnitees) shall not be liable for any advice, suggestions or recommendations given to a user by Hooble and such cannot be used as evidence or otherwise against Hooble (including Hooble Indemnitees) in any dispute.Employers or employment agents are limited to establishing one user account per individual. In exchange for permission to use Hooble’s website and services, employers or employment agents will be charged non-refundable fees, depending on the type of service the employer or employment agent wishes to utilize, with the amount of such fee being determined and disclosed by Hooble to the user and is subject to adjustment by Hooble at any time in Hooble’s sole discretion. Employers or employment agents agree to pay the stated amount of the fee at the stated time. Hooble in no way guarantees that the use of Hooble’s website or services will result in finding a candidate for employment of any kind. Hooble services are non-refundable regardless of whether employers or employment agents find candidates they deem acceptable and regardless of whether they are satisfied with the services provided by Hooble.
Employers or employment agents must be in compliance with all local, state, national and international laws, statutes and regulations when using Hooble services to communicate with candidates, list job postings, view a candidate’s profile information, and/or take any action with respect to information obtained through Hooble. Employers may not intentionally disclose personal information about candidates to any third party unless expressly agreed to by the candidate in accordance with applicable law. Furthermore, any information about candidates accessed via Hooble must be protected in accordance with applicable law so as not to unintentionally disclose personal information. Profiles accessed on the Hooble website may be used solely for specific hiring and employment purposes. Employers or employment agents may have occasion to forward, share, send or otherwise transmit a candidate’s profile information to another authorized or unauthorized user or another person or entity in the context of employment consideration. Candidate users acknowledge this as common practice in the employment context and agree to have their profiles shared with interested parties for potential employment purposes only. Hooble retains the right to manage who can view what information, how often it can be viewed and can revoke any employer’s or employment agent’s privilege to view user profiles at any time for any or no reason. Rules governing job postings and communication with any Hooble user are listed below. In addition to complying with the terms found in the General Information section of this document, employers’ or employment agents’ job listings or communication attempts with any Hooble user may not:
a. Contain information or materials from or about companies unaffiliated to the employer or employment agent’s client.
b. Contain information that is discriminatory, whether directly or indirectly discriminatory, against any group of people or imply any sort of discriminatory practices within the employer or employment agent’s client.
c. Seek to elicit, contact or employ any person under the age of 18.
d. Seek to gain information about the candidate for reasons other than hiring and employment (e.g. insurance purposes).
e. Seek to gain personal information about the candidate if it is not applicable to hiring and employment purposes, including but not limited to, race, religion, sexual orientation, age, financial, or mental or physical health.
f. Seek to promote or advertise for Hooble’s competitors or access information available on the website to aid Hooble’s competitors.
g. Seek to promote or advertise products or services offered by the employer or employment agent’s client unless user is an approved paid advertiser with Hooble.
h. Seek to promote any political or religious topic or agenda.
i. Advertise for illegal, fake or exploratory job opportunities or seek any sort of arrangement that is not expressly an employer/employee relationship including, but not limited to, pyramid schemes or participation in illegal activity.
Based on these conditions and in Hooble’s sole discretion, Hooble may remove any job posting that violates these terms or is otherwise deemed unacceptable for any or no reason. Hooble also retains the right to revoke any employer or employment agent account at any time for any or no reason. If an employer or employment agent wishes to revoke or remove his or her account with Hooble, or the account is revoked or removed for a different reason, all information associated with that account will be removed and will not be able to be accessible by employers or employment agents. Additionally, Hooble retains the right to monitor anything that occurs on this site and may prohibit any action, including but not limited to, the number of times an employer may view another user’s profile or contact another user.
Specific to candidates:
Hooble is strictly a service to aid candidates in the job search process and to facilitate communication with prospective employers. Hooble does not guarantee that use of this website will result in any job offer or new employment situation or in any direct contact with any prospective employer or employment agent. Upon the creation of an account, Hooble will ask candidates to create a unique candidate profile to describe skills, traits, characteristics, experience and other aspects necessary to determine job fit by employers or employment agents. All information posted by candidates must comply with the guidelines stated above in the General Information section of this document. Candidate profiles may only be used with the intent of advertising said candidate for employment. Employers or employment agents may have occasion to forward, share, send or otherwise transmit a candidate’s profile information to another authorized or unauthorized user or another person or entity in the context of employment consideration. Candidate users acknowledge this as common practice in the employment context and agree to have their profiles shared with interested parties for potential employment purposes only.A candidate is limited to establishing one candidate user account. Within that account, the candidate will create a unique profile, whereby candidates give Hooble permission to make some or all of the content public to employers and employment agent users of the site for hiring and employment purposes. If a candidate wishes to revoke or remove his or her account with Hooble, or the account is revoked or removed for a different reason, all information associated with that account may be removed and will not be able to be accessed again by the user. However, Hooble, employers, employment agents or third parties may still retain a record of the user’s account or profile.
Hooble is not responsible for checking the accuracy of any information employers or employment agents post and does not review such information to determine its truthfulness. While Hooble may remove any job posting that doesn’t comply with these terms, Hooble (including Hooble Indemnitees) shall not be liable if employers and/or employment agents intentionally or accidentally provide inaccurate, false or misleading information. If any user suspects that employers or employment agents have posted any information that is not in compliance with these terms, such information must be reported to Hooble immediately. The failure of Hooble to remove information within a certain time period shall not be considered acceptance or endorsement of such information by Hooble and shall not preclude Hooble from later removing such information.
Hooble is not responsible for checking the truthfulness or accuracy of any information posted by candidates, including but not limited to, resumes and profiles. Hooble may suggest or recommend to candidates certain steps to take to try to better their chances for employment, but Hooble (including Hooble Indemnitees) shall not be liable for any employment decisions made based on information retrieved from the Hooble website, including whether or not an employee should pursue or accept any position with any employer. Notwithstanding any recommendations or information provided by Hooble to any candidate during the hiring process, each candidate is solely responsible for deciding whether to pursue or accept any position and acknowledge and agree that Hooble’s role is to limited to providing means for communication and advice regarding effective communication methods. Additionally, Hooble (including Hooble Indemnitees) shall not be liable for any advice, recommendations or suggestions given to a user and cannot be used as evidence or otherwise against Hooble (including Hooble Indemnitees) in any dispute.
Based on these conditions and in Hooble’s sole discretion, Hooble may remove or revoke any candidate account that violates these terms or is otherwise deemed unacceptable for any or no reason. Hooble also retains the right to remove or revoke any candidate account at any time for any or no reason, and to prohibit any individual(s) from maintaining an account on the website.
Risk, Liability and Indemnification:
Any party to any transaction always assumes some degree of risk that the transaction will not produce the desired result. As indicated throughout this document, Hooble (including Hooble Indemnitees) assumes no liability regarding the authenticity, accuracy, correctness, completeness or truthfulness of user information, including the form or content of any user post or any user communication. Users assume all risk when dealing with contacts they meet or otherwise interact with via Hooble. Each user must take independent and appropriate precautionary measures to confirm the veracity of any information that the user plans to rely upon and to prevent dealing with deceiving individuals. Given that Hooble neither confirms nor denies the legitimacy of a user, each user agrees that Hooble shall be exonerated from any blame if a deceptive interaction or transaction occurs. Any disputes with a counterparty that a user engages with using Hooble must be brought up solely with the counterparty and not with Hooble. While Hooble forbids users from posting any offensive or inaccurate materials, Hooble cannot guarantee that all information found on the website at any given moment would be considered acceptable by every user. Hooble (including Hooble Indemnitees) disclaims all liability resulting from or related to inaccurate, incomplete, untruthful or offensive posts, and through their use of Hooble’s services, each user expressly accepts and acknowledges such disclaimer.Hooble does not guarantee the website or services comply with all rules and regulations in every varying jurisdiction. Users are solely responsible for compliance with law, rules and regulations when accessing the Hooble website and/or Hooble information in different jurisdictions, including but not limited to jurisdictions outside of the United States. It is the sole responsibility of the user to be aware of and abide by the laws in the jurisdiction in which they are accessing the website.
While Hooble strives to provide a secure and reliable service to its users, there is no guarantee that the Hooble website will operate without error and without exposing the user’s software and hardware to malicious or harmful software or information. All individuals using the Hooble website do so at their own risk. Hooble is not liable for the maintenance, service, repair or replacement of users’ software or hardware resulting from damages that may arise due to use of the Hooble website or the Hooble services. If any user suspects the Hooble website contains any malicious or harmful information (e.g. trojans, malware, viruses, and similar items), it must be immediately reported to Hooble. Hooble also does not promise a mistake-free website. Information posted by Hooble does not necessarily denote completely factual information.
To the fullest extent of the law, Hooble (including Hooble Indemnitees) shall not be liable for damages that may occur due to use of the Hooble website, and through the act of using Hooble’s website or Hooble’s services, each user expressly waives and releases any and all claims against Hooble relating to the matters disclaimed by Hooble in these terms. Each user who uses Hooble’s website and services is by that action agreeing that the ability to use Hooble’s services is good and valuable consideration in exchange for this waiver and release. Damages can result from matters including but not limited to, user reliance upon inaccurate or lost data/ information and users entering into poor employment situations. With respect to any claims that may be permitted against Hooble, under no circumstance shall the maximum aggregate liability of Hooble (including Hooble Indemnitees), whether in contract, tort or otherwise, and including any fees or costs (including attorney’s fees) that may be imposed upon Hooble by any tribunal, that may arise out of a dispute relating to these terms and/or to the use of the Hooble website, exceed the amount of money actually received from the user relating to the specific transaction being disputed.
California residents, those accessing Hooble in California and those discussing an employment opportunity in California, waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
All users shall defend, indemnify and hold harmless Hooble (including Hooble Indemnitees) from any and all claims, disputes, liabilities and damages, including costs of investigation and defense and reasonable attorney’s fees, relating to user’s breach of or actions relating to these terms.
Hooble gladly welcomes feedback by users about the services or materials Hooble offers. Any feedback may be sent via email to email@example.com. Hooble, however, is under no obligation to change or update any of its processes based on user feedback. Additionally, any unsolicited user feedback that contains original or novel ideas, information or suggestions is not subject to any confidentiality rules or intellectual property protections benefitting the user. The submission of unsolicited feedback or ideas to Hooble expressly authorizes Hooble to act upon such feedback or implement such ideas without any further permission from or compensation to the submitting party. Hooble may enact any suggestions without compensation to user unless otherwise specifically agreed by Hooble.Upon Hooble’s discretion, these terms may be exercised as much or as little as the operators and employees of the website so desire. Under no circumstance does past lack of enforcement indicate permission for present or future users to violate these terms in part or in whole.
These terms legally binding on all users and cannot be changed for individual users unless expressly agreed to by Hooble in writing.
Hooble understands that some degree of information security is an expectation of users when transmitting information online and therefore Hooble has certain safety measures in place to protect user information in a commercially reasonable manner. Despite these safety measures, users must keep in mind the inevitable risks associated with the online transmission of information. No website can wholly protect against online security infringements, whether accidental or purposeful, and Hooble does not represent or guarantee that any submission, communication or interaction made through the Hooble website will be secure. Users may take actions to minimize these risks such as refraining from posting private or compromising information (e.g. social security numbers, birth dates) and sharing passwords or other user login information. Unfortunately, however, there is no way to completely eliminate these risks and users assume sole liability with respect to online security infringements when transmitting information to Hooble or posting information on the website.
Information Hooble Collects
Uses of Collected Information
Hooble uses the information collected to provide quality services to users. More specifically, information collected may be used in the following ways:
a. To create and maintain candidate and employer/employment agent accounts
b. To connect candidates to employers/employment agents based on certain factors and vice versa
c. To allow communication between candidate users and employer/employment agent users
d. To allow communication between users and Hooble’s employees, agents or operators
e. To inform users about pertinent information regarding use of the Hooble website including, but not limited to, notifications, updates, promotions or service changes
f. To expand Hooble services, if applicable
g. To help facilitate the job search, hiring and/or employment processes in any other way Hooble sees fit
h. To deliver advertisements to users
i. To evaluate the patterns, statistics and quality of services
j. To improve the accuracy and operational proficiency of services provided
k. To operate the website in a convenient, secure and effective manner
l. To maintain compliance with all local, state, national and international laws
m. To maintain compliance with the terms as set forth