Terms and Conditions

You and SocialRecruit ("SOCIALRECRUIT", "we", "us", and "our") agree that your access to and use of the Web Site located at www.SocialRecruit.net, and any mobile app provided by us in the future, is subject to your agreement to these Terms of Service.

Important: Your use of the Web Site, any related mobile app or the Services is subject to your agreement to these Terms of Service, which will become a binding agreement between you and us (the "Agreement").

After reading the terms, if you agree to the Terms of Service, please indicate your decision by clicking the checkbox on the Account Sign Up/Registration form. If you do not agree, you will not be able to establish an account and use our services.

By accessing, registering as a user, viewing or using our Web Site, you agree to the Terms of Service.

The Services are available only to persons who can form legally binding contracts under applicable law. The Services are not available to individuals under the age of 18.

You must complete a sign-up form in order to use the Services. You may have one Account to use the Services. We reserve the right to refuse registration of, or cancel, Accounts at any time and for any reason.

For Employers: Employers must be located in the United States to use the Services. If you are not located in the United States, you will not be allowed to use the Services.

Upon termination of your registration as a "user", you will no longer be allowed access to the Services or your Account. We reserve the right to modify, suspend or discontinue the Services or the Web Site with or without notice at any time.

Use of the Services requires that you register and/or create an account ("Account"). To register and create an Account, you must select an account user ID and password and provide certain personal information.

You agree to:

• Provide true, accurate, current and complete information about yourself
• Maintain and promptly update the personal information you provide
• Maintain the confidentiality and security of your Account and password
• Immediately notify us of any unauthorized use of your password or Account
• Ensure that you exit from your Account at the end of each session

If you are opening an Account on behalf of an entity (e.g., an Employer or an Independent Recruiter), you represent and warrant that:

• You are duly authorized to act for and on behalf of the entity
• You are authorized to make any and all payments due
• You are authorized to receive any and all amounts to be paid by us
• All information provided will be true and accurate

All users may use the Web Site and the Services solely for their own use. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Web Site.

You agree not to:

• Use the Web Site or Services if you are under 18 years of age
• Access the Web Site using a third-party's account without express consent
• Use the Web Site or Services for illegal purposes
• Attempt to gain unauthorized access to other computer systems
• Use robots, spiders or any automatic device to copy content
• Upload obscene, pornographic material or viruses
• Disrupt, interfere with, or harm the security of the Web Site

For Employers: You agree to use the Services solely to look for potential candidates for specific Employment Opportunities and for no other purposes.

The Web Site allows you to post, transmit, display, publish, or distribute user generated material including Employment Opportunity postings and resumes ("Submissions").

You agree not to create any Submission that:

• Is incomplete, false or inaccurate
• Contains vulgar, profane, abusive, or sexually explicit language
• Is defamatory, threatening, disparaging, or misleading
• Contains copyrighted content without permission
• Infringes any intellectual property right
• Contains viruses or other harmful files

You grant us a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Submissions you provide to us.

We reserve the right to review, screen, refuse to post, remove, or edit any Submission for any reason at any time without prior notice.

If you have an existing, documented relationship with an Employer that uses the Services, you can continue to work offline with that Employer or work through our Services. The Terms prohibit bringing new business developed through our Service offline.

Independent Recruiters must ensure they have spoken with all candidates and have their consent in writing before referring them for an Employment Opportunity.

Duplicate Submissions: In the event of duplicate submissions, the winner of the Referral Reward will be the party who first submitted the candidate, as determined by the time and date stamp.

Individuals and Independent Recruiters shall have the right to represent candidates they submit for a period of six (6) months from the date of submission for that particular Employment Opportunity.

Candidates who applied to an Employer outside of the Services in the preceding 3 months are considered already in the Employer database, and no Placement Fee or Referral Reward will be owed for such candidates.

SocialRecruit provides up to 90 days full placement guarantee. In the event that the candidate hired leaves or is terminated within the guarantee period, there will be no fee paid until a replacement is made.

If you provide a candidate that accepts employment, you will be paid a Referral Reward within 7 days of the referred candidate's completion of the guarantee period (typically 60 days).

Prior to making payment, we will need you to provide:

• Name of the legal entity to be paid
• Account information for electronic payment
• Applicable EIN or Social Security number
• W-9 form

Important: Independent Recruiters are solely responsible for any taxes to be paid on their receipt of a Referral Reward.

If a candidate you refer gets hired and we get paid the Placement Fee from the Employer, you will be eligible to receive your Referral Reward.

Referral Chain Splitting:

• If A refers B and B gets hired: A gets 100% of Referral Reward
• If A refers B, B refers C, C gets hired: A and B split 50:50%
• If A→B→C→D and D gets hired: A and B get 25% each, C gets 50%
• If A→B→C→D→E and E gets hired: B and C get 25% each, D gets 50% (A receives nothing as only last 3 are eligible)

Referral sources can choose to receive a check via mail or direct deposit. Individuals are solely responsible for any taxes levied on their receipt of a Referral Reward.

You agree to indemnify, defend and hold us and our directors, officers, agents, contractors, partners and employees harmless from and against any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:

• Your breach of any representations or warranties made by you
• Your use of the Services or Web Site in violation of this Agreement
• Your Submissions and/or violation of any law or the rights of a third party

You agree not to sue, assist in or be a voluntary party to any action, suit, or proceeding against us for any claims arising out of or relating to your use of the Web Site or the Services.

THE WEB SITES AND THE SERVICES ARE PROVIDED "AS-IS" AND WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.

We are not responsible for the conduct of any user of the Web Site. The Web Site and Services may be temporarily unavailable from time to time. We assume no responsibility for any error, omission, interruption, deletion, defect, delay, or technical malfunction.

We receive information from various sources and do not screen or censor listings. We have no control over the quality, safety, or legality of Employment Opportunities or resumes posted.

We are not an Employer and do not guarantee that candidates will be contacted or hired. We do not take responsibility for any employment that candidates may secure as a result of using the Web Site.

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITES OR THE SERVICES.

Our liability to you for any cause whatsoever will at all times be limited to the lesser of:

• The amount paid, if any, by you to us for the Services; or
• Ten Dollars ($10)

As a courtesy, the Web Site may offer links to other websites. We are not responsible for the contents of any third-party websites. Visiting such websites is at your own risk. References to commercial products or services within third-party websites do not constitute an endorsement by us.

By signing up for an Account, you are opting in to receive communications from us regarding our products and services, including customer newsletters, special offers and exclusive discounts.

You may opt out of these communications at any time by following the "unsubscribe" link at the bottom of any email. For more details, please visit our Privacy Policy page.

YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

This Agreement will be governed by the laws of the United States and the State of New Jersey, without regard to its conflicts of law provisions.

Any dispute shall be finally settled by binding arbitration in Somerset, New Jersey, in accordance with the rules of the American Arbitration Association by one (1) arbitrator.

All legal proceedings must be filed within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred.

Enforceability: If any provision is found to be void or unenforceable, that provision shall be superseded by a valid provision that matches the original intent as closely as possible.

Entire Agreement: This Agreement sets forth the entire agreement between you and us. We reserve the right to change this Agreement at any time. Your continued use after changes constitutes acceptance.

No Waiver: The failure to exercise or enforce any right shall not constitute a waiver of said right.

Contact Us: For questions regarding this Agreement, contact us at [email protected].