Terms and Conditions | EnticeLabs | The Science of Recruiting

EnticeLabs Website Terms of Use Agreement

EnticeLabs Inc. (referred to herein as "EnticeLabs") owns and is responsible for the EnticeLabs.com website ("Site"). The information on the Site has been prepared by EnticeLabs for general informational purposes as a service to its visitors. Use of the Site is expressly subject to this EnticeLabs Website Terms of Use Agreement ("Agreement"). By using the Site, you acknowledge that you have read this Agreement and that you agree to be bound by its terms. If you do not agree to its terms, please do not use the Site.

1.    Advertiser and Publisher Content
Because we host job ads and other pages found on the Site and elsewhere and, therefore, redistribute materials you give us, we are required to have certain rights in those materials. Therefore, by sending or transmitting to us resources, information, ideas, notes, concepts, trademarks, logos, service marks or other materials (including, but not limited to, job postings) (collectively, "Content"), or by posting such Content to any area of the Site, ONLY for the purposes of distributing your content across our network and promoting your company and ONLY while you continue to grant such rights, you grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to link to, reproduce, distribute (through multiple tiers), adapt, create derivative works of, publicly perform, publicly display, digitally perform or otherwise use such Content in any media now known or hereafter developed. You hereby grant the Company permission to display your logo, trademarks and company name on the Site and in press and other public releases or filings. Further, by submitting Content to the Company, you acknowledge that you have the authority to grant such rights to the Company. PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS AND SERVICE MARKS IN ANY CONTENT YOU SUBMIT.

2.    WARRANTY INFORMATION; DISCLAIMER
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED, PURCHASED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ENTICELABS INC. AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER ENTICELABS INC., ITS SUBSIDIARIES, AFFILIATES, SPONSORS, SUPPLIERS NOR AGENTS MAKES ANY REPRESENTATION AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE SITE-RELATED SERVICES.

ENTICELABS INC. AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ENTICELABS INC. OR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS, REGISTERED USERS, OR VISITORS, WHETHER MADE ON THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

3.    Accounts
    a.       Another Subscriber's account may never be used without permission. You must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify EnticeLabs immediately of any breach of security or unauthorized use of your account. Although EnticeLabs will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of EnticeLabs or others due to such unauthorized use.

    b.       By providing EnticeLabs your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may not opt out of Service-related e mails.

4.    Prohibited Activities
    a.       EnticeLabs does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

    b.       The following is a partial list of User Content that is prohibited on the EnticeLabs Sites. The list below is for illustration only and is not a complete list of all prohibited User Content.

Content that:
       -    is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
       -    harasses, incites harassment or advocates harassment of any group or individual;
       -    involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
       -    promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
       -    promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
       -    contains restricted or password only access pages, or hidden pages or images;
       -    displays or links to pornographic, indecent or sexually explicit material of any kind;
       -    provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
       -    provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
       -    solicits passwords or personal identifying information from other Users.

5.    Confidentiality
You agree not to disclose EnticeLabs Confidential Information (as defined below) without EnticeLabs' prior written consent. "EnticeLabs Confidential Information" DOES NOT include information that has become publicly known through no breach by you or EnticeLabs, or information that has been (a) independently developed without access to EnticeLabs Confidential Information as evidenced in writing; (b) rightfully received by you from a third party; or (c) required to be disclosed by law or by a governmental authority. "EnticeLabs Confidential Information" includes without limitation: (i) all EnticeLabs software, technology, programming, technical specifications, materials, guidelines and documentation you learn, develop or obtain that relate to the Service or the Site; (ii) click-through rates or other statistics relating to Site performance in the Services provided to you by EnticeLabs; and (iii) any other information designated in writing by EnticeLabs as "confidential" or any designation to the same effect.

6.    Privacy
The privacy of our Subscribers is very important to us. EnticeLabs takes great care to protect the privacy of our customers. EnticeLabs adheres to the US Safe Harbor Privacy Principles of Notice, Choice, Onward Transfer, Security, Data Integrity, Access and Enforcement.

7.    DMCA Notice
Copyright Infringement and DMCA Policy. As EnticeLabs asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by EnticeLabs.com violates your copyright, you are encouraged to notify EnticeLabs in accordance with EnticeLabs' Digital Millennium Copyright Act ("DMCA") Policy. EnticeLabs will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of EnticeLabs or others, EnticeLabs may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, EnticeLabs will have no obligation to provide a refund of any amounts previously paid to EnticeLabs.

EnticeLabs, the EnticeLabs.com logo, and all other trademarks, service marks, graphics and logos used in connection with EnticeLabs.com, or the Website are trademarks or registered trademarks of EnticeLabs or EnticeLabs' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any EnticeLabs or third-party trademarks.

8.    Information Rights
You agree that, for the purpose of approving and enabling your participation in the Service, EnticeLabs may transfer and disclose to third parties personally identifiable information about you, including to third parties that reside in jurisdictions with less restrictive data laws than your own jurisdiction. However, for any disclosure of that information by any such third party, EnticeLabs disclaims all responsibility, and will not be liable to you. EnticeLabs may share aggregate (i.e., not personally identifiable) information about you with advertisers, publishers, business partners, sponsors, and other third parties.

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure.

9.    Indemnity
You agree to defend, indemnify and hold harmless EnticeLabs and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your Advertiser Content, website content, or any other content that is submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.

10.    Termination
Either party may terminate the Service upon forty-five (45) prior written notice Termination of the Service. Such a termination shall not remove obligation of payment from Licensee for any open and undisputed invoices at the time of Termination. EnticeLabs may also terminate or suspend any and all services and access to the Site immediately, without prior notice or liability, if Licensee breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable and non-cancelable excluding leftover Credit budget and referral rewards. Those may be returned with a 30 day written letter of intent for return of the funds.

11.    Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENTICELABS, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL ENTICELABS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENTICELABS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) SUBSCRIBER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL ENTICELABS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO ENTICELABS HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ENTICELABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and operated from its facilities in the United States. EnticeLabs makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.

Please contact us at support@enticelabs.com with any questions regarding this Agreement.

12.    For Referrers
The Referral Reward will be shared equally by the number of registered individuals who have together connected the new employee and the hiring organization. When the new employee has completed 90 calendar days of employment the payment process will begin. EnticeLabs will fully comply with disclosure requirements as required by the Internal Revenue Service for monies disbursed by EnticeLabs to you and thus may ask you for relevant personal information to facilitate such disclosure. We will not be able to disburse monies to you unless you will have provided such information (tax identification number, Social Security Number, Mailing Address, etc.) EnticeLabs will not disburse monies to you unless we have received payment of the Referral Reward from the party that originally posted the job.

13.    Clicks
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in a manner that sends more request messages to the EnticeLabs servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.

If you are a publisher, you shall not, and shall not authorize or encourage any third party to (i) generate fraudulent impressions of or fraudulent clicks on any advertisement, including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization services and/or software; (ii) edit, modify, filter or change the order of the information contained in any advertisement, or remove, obscure or minimize any advertisement in any way; (iii) redirect an end user away from any Web page accessed by an end user after clicking on any part of an advertisement ("Advertiser Page"), provide a version of the Advertiser Page different from the page an end user would access by going directly to the Advertiser Page or intersperse any content between the advertisement and the Advertiser Page; or (iv) display any advertisements on any error page, registration or "thank you" page (e.g. a page that thanks a user after he/she has registered with the applicable website). EnticeLabs reserves the right to determine which clicks count as billable clicks. Non billable clicks are fraudulent clicks and clicks outside of the billable geographic areas solely determined by EnticeLabs, Inc.

Please contact us at support@enticelabs.com with any questions regarding this Agreement.