HIRED KNIVES TERMS OF SERVICE

 

Hired Knives, Inc., a Michigan corporation (“we,” “us,” or “our(s)”), is providing this website to you according to these Terms of Service (these “Terms”).  

 

This is a legal contract. Your use of our website or by clicking  “I accept” if requested while using our website means that you have read and agreed to these Terms and are forming a contract with us.  If you are not asked to click “I accept” and do not wish to be bound by these Terms, please leave our website immediately.

 

Description of Services. We provide users (“Users”) of the web pages located at our website www.hiredknives.com with a platform for connecting and matching food and beverage staff (“Staff”) with those who wish to hire them (“Employers”).  Our  website’s services include: facilitating communication between Users; allowing Users to   post, link to and upload User Content;  web hosting for storing User Content, creating personalized User web pages, and cataloging and indexing User Content (collectively, with all other features and functions provided on this website “services”).    You acknowledge that the services are subject not only to these terms, but any other requirements contained elsewhere on our website. 

 

Permitted Users You may not use this website or the services unless you are the  minimum age for employment permitted by the state in which you live (Age 14 for Michigan).     If you are under 18 years of age, you may not do so unless you have received  one of your parents’ express prior consent.      We may at any time request evidence of parental consent. 

 

User Content” means any words, information, content, messages, text, files, images, photos, video, sounds, profiles, works of authorship or any other materials that any individual or entity posts, uploads, links to, publishes, exchanges, or displays on   or through our website, including  content that you  make available to other Users.

 

We will use the term “upload” throughout these Terms to refer not only to uploading, but also posting, publishing, linking, exchanging or displaying of User Content.

 

 

Changes to Terms.   If you use this site more than once, we encourage you to review these Terms as we may make changes to them at any time.    You may click on a link at the bottom of the home page of this website titled “Terms of Service” to review the current Terms at any time.   You also may be asked to click “I accept” with respect to these changed Terms.

 

 

Applicable to all Users These Terms apply to registered Users and unregistered Users.  A “registered User” is a User who completes the relevant application on our website and who we confirm as a registered user.   

 

 

Registered Users.   If you apply to become a registered User, you represent and warrant that all information you provide to us is true, accurate and complete.  You will promptly correct and update any information you provide us.   In our sole discretion, we may accept or reject any application and terminate any User account at any time.

 

Passwords. Users agree not to share their username and password with anyone.  Users are solely responsible for all activities that occur under your password or account.  You will immediately notify us of any unauthorized use of your password or account or any other breach of security, and will properly exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.

 

Privacy. Your privacy is very important to us. Please review our privacy policy, which also governs your use of the service and is incorporated herein by reference.

 

 

Fees For providing one or more of the services, we may charge a fee, either on a one-time or subscription basis.  Only registered Users may purchase services.   User authorize us, or our designated payment processor, to charge your specified credit card, debit card or other payment method for such fees. You agree to pay in a timely manor for any fees applicable to the services you purchase or that are purchased through your account plus all related taxes, and to reimburse us for all collection costs, including any collection agency and legal fees, and interest for any overdue amounts. You agree that we may use all legal means available to collect unpaid fees should our attempts to process your fees fail for any reason.  Except as required by law, all fees are nonrefundable and payments may not be cancelled.  We reserve the right but not the obligation to offer a refund or discount or other consideration (“Credits”) to Users at any time, and for any reason.  We may offer Credits to some Users and not offer Credits to other Users even those similarly situated. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance. 

 

Uploaded Content

We take no responsibility and assume no liability for any User Content.

Information or User Content provided by other Users may contain inaccurate, inappropriate or offensive material, products or services, and we assume no responsibility or liability for this material.

You may not use a false email address, impersonate any individual or entity, or otherwise mislead as to the origin of any User Content.  You also are not permitted to harvest information from our website or others’ User Content or modify or delete any other individual’s or entity’s User Content.

You represent and warrant to us that any User Content you upload is owned solely by you and does not infringe on the intellectual property rights of any other individual or entity.

Please be careful when choosing  User Content  to upload to our website.  User Content is prohibited on our website if it: 

 

(i) is defamatory, libelous, obscene or otherwise illegal or promotes or otherwise relates to illegal activities; 

(ii) is patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 

(iii) harasses or advocates harassment of another person; 

(iv) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; 

(v) consists of an illegal or unauthorized copy of a copyrighted work, such as sound recordings, musical compositions and videos;

(vi) includes computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices, or infringing materials;

(vii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);

(viii) provides material that exploits people under the age of 18 or solicits personal information from anyone under 18; 

(x) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; 

(xi) involves commercial activities  such as contests, sweepstakes, advertising, or pyramid schemes; or 

(xii) uses any unfair, misleading or deceptive content intended to draw traffic to the profile.

 

User Content of Employers

Employer Users may not post any position that involves discriminatory or other illegal screening procedures or which violate applicable labor and employment laws

 

User Content:  Our Rights

We do not claim ownership of your User Content.   By uploading User Content, you are granting us and our affiliated companies  your irrevocable, royalty-free permission and license to utilize your User Content in connection with our and their businesses, including the right to copy, distribute, publicly display or broadcast, edit, translate and reformat your User Content at any time.  In addition, we may publish your name in connection with your User Content.  

In our sole discretion and without notice, we may reject, refuse to post or remove or modify any User Content and restrict, suspend, or terminate your access to all or any part of our website or the services. You acknowledge and confirm that we will not have any liability to you for the foregoing.

 

NO WARRANTIES; WEBSITE “AS IS.”   

YOUR USE OF OUR WEBSITE IS ON AN “AS IS” BASIS.    WE ARE NOT PROVIDING ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING OUR WEBSITE OR THE SERVICES WE PROVIDE, WHETHER OR NOT SUCH SERVICES ARE FREE OR FOR A FEE, INCLUDING WITH RESPECT TO THE RESULTS YOU MAY OBTAIN FROM USING THIS WEBSITE OR THE SERVICES.  WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT AND ANY OTHER IMPLIED WARRANTIES THAT COULD APPLY TO OUR WEBSITE OR THOSE SERVICES.  

 

Accessibility This website may become unavailable to you as a result of maintenance, malfunction of hardware or software, or for other reasons, such as cyberattacks.  You acknowledge and confirm that we have no liability to you in any of these instances. 

 

ASSUMPTION OF RISK OF LOSS.  

YOU ASSUME TOTAL RESPONSIBILITY FOR ANY RISKS RELATED TO USING OUR WEBSITE, INCLUDING, BY WAY OF EXAMPLE AND NOT OF LIMITATION, ANY DAMAGE TO YOUR COMPUTER, PHONE OR OTHER EQUIPMENT OR SOFTWARE OR OTHER PROPERTY OF YOURS, INCLUDING FINANCIAL AND OTHER PERSONAL INFORMATION (COLLECTIVELY, “YOUR PROPERTY”).    IF YOU CLICK ON ANY HYPERLINKS ON THIS SITE, YOU ALSO ARE ASSUMING TOTAL RESPONSIBILITY TO ANY DAMAGE TO YOU OR YOUR PROPERTY THAT MAY RESULT FROM USING THE HYPERLINK AND ANY WEBSITES TO WHICH YOU ARE DIRECTED.

 

LIMITATION ON LIABILITY; SOLE AND EXCLUSIVE REMEDY.  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO ANY PROPERTY DAMAGE OR PERSONAL INJURY.  THESE DAMAGES LIMITATIONS WILL APPLY EVEN IF YOU NOTIFIED US, OR WE SHOULD HAVE KNOWN, OF THE POSSIBILITY OF THOSE DAMAGES OR LOSSES.  

 

Our Intellectual Property; Our Legal Fees and Costs.    

 

1. You may use our Intellectual Property solely for the purposes of informing yourself about us and our services.  If you are a registered user, you may also use our Intellectual Property to obtain services from us in accordance with these Terms.  “Intellectual Property” means all content or information on or forming our website, including all trademarks, trade dress, logos, trade names, website pages, designs, graphics and text appearing on our website, whether owned by us or licensed by us from third parties.  

 

2. You are not permitted to engage in linking or framing to any portion of our website or copy any portion of the website or any Intellectual Property.    You are not permitted to apply to become a registered user for any purpose other than to post position listings or to seek positions, as applicable.     Except for Intellectual Property licensed to us, all Intellectual Property is our property exclusively.   For ourselves and our third party licensors, we reserve all ownership and other rights with respect to Intellectual Property. The only exceptions are for the limited purposes described in these Terms.   Your limited right to use the Intellectual Property does not give you any ownership or other rights in the Intellectual Property.  

 

3. If you misappropriate or use any Intellectual Property other than for these limited purposes without our prior written consent, you acknowledge and agree that we (and any third party licensors to us) may pursue any available injunctive, equitable, and monetary remedies against you to protect and enforce our rights.   You agree that if you misappropriate or use any Intellectual Property other than for these limited purposes without our prior written consent, you will pay us all of our legal fees and costs for protecting and enforcing our and our third party licensors’ rights with respect to the Intellectual Property.

 

 

Copyright Notice All of our Intellectual Property is Copyright © 2015,   Hired Knives, Inc.

 

Trademark Notice.     We own the trademark Hired Knives in the United States.   We may also own other trademarks on this website not named in the previous sentence.

 

Hyperlinks to other Websites We may provide hyperlinks to other websites.  As stated above under “Assumption of Risk of Loss,” you assume all risk of loss with respect to Your Property resulting from clicking on or otherwise using these hyperlinks or any website to which they direct you.  We do not endorse any individual or entity that owns or is otherwise involved in the websites to which we provide hyperlinks.  These hyperlinks are solely for your own information.

 

Inaccuracies.   We attempt to insure the accuracy of this website.  However, we do not guarantee the accuracy of this website.  Our website may include inaccuracies or other errors.  Other Staff or Employers may add unauthorized content or otherwise make unauthorized changes to our website.  If you believe an inaccuracy exists, please notify us so that we can determine whether a correction is appropriate.

 

Security You agree not to attempt to interfere or otherwise disrupt the operations of this website or assist anyone else in attempting to do so.  You acknowledge that we may monitor your use of this website and terminate your registered user or other access rights to this website at any time for security reasons in our sole discretion.  You agree not to violate any law or regulation in using this website or using our services.

 

Governing Law; Consent to Jurisdiction.  You agree that the laws of the State of MICHIGAN (without regard to conflicts of law principles) will govern any dispute that might arise related to this website or services.  The United Nations “Convention Relating to a Uniform Law on the International Sale of Goods” or any successor convention or law will not be applied.  Any action relating to these terms may only be brought and maintained in the Federal or State courts situated in the State of MICHIGAN.  You consent to personal jurisdiction and venue solely and exclusively in the Federal or State courts situated in the State of MICHIGAN with respect to any proceeding related to this website or SERVICES.   You acknowledge and confirm that you are waiving any right to object to the stated jurisdiction for any reason.

 

WAIVER OF JURY TRIAL WE AND YOU EACH WAIVE ANY RIGHT TO ASK FOR A JURY TRIAL IN ANY DISPUTE RELATED TO THESE TERMS OR THE MATTERS REFERRED TO IN THESE TERMS.  tHIS MEANS THAT ONLY A JUDGE WILL HEAR AND DECIDE ANY DISPUTE BETWEEN YOU AND US.

 

CLASS ACTION WAIVER   NEITHER WE NOR YOU WILL SEEK TO HAVE ANY DISPUTE RELATED TO THESE TERMS OR ANY MATTERS REFERRED TO IN THESE TERMS HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH ANY INDIVIDUAL OR ENTITY SEEKS TO ACT IN A REPRESENTATIVE CAPACITY.  ANY PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.  

 

Termination of Use; Terms Continue to Apply to You In our sole discretion, we may terminate your use of this website at any time if we believe you have violated these Terms.  You understand and confirm that your obligations under these Terms will continue to apply to you even if we terminate your right to use this website.

 

Entire Agreement. These Terms are the entire agreement between you and us regarding our website and services.  Except for any service agreement to which you and us are parties, these Terms supersede all oral or written prior agreements between you and us.  

 

Severability.   If a court finds any of these Terms to be unlawful, invalid or unenforceable, that provision will be deemed severed from these Terms and the severing of the provision will not affect the validity or enforceability of the remaining Terms.