Terms of Service

The gist:

We here at Nextep Recruiting run an online recruiting service and would love for you to use it. Our basic service has a free trial, and we offer paid plans depending on the number of jobs posted and desired features. Our service is designed to give you as much control and ownership over what goes on your job listing service as possible. However, be responsible in your use of our software. In particular, make sure that none of the prohibited items listed below appear on your job listing service, or get linked to from your service (things like spam, viruses, or hate content).

Nextep Recruiting reserves the right to remove any posting(s) if, based on, but not limited to, the following guidelines, the information contained in the posting:

Terms of Service:

The following terms and conditions govern all use of the Nextep Recruiting website and all content, services and products available at or through the website, including, but not limited to, the Nextep Recruiting job listing service, (taken together, the Website). The Website is owned and operated by Nextep Recruiting. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Nextep Recruiting’s Privacy Policy) and procedures that may be published from time to time on this Site by Nextep Recruiting (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Nextep Recruiting, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old. Nextep Recruiting reserves the right to refuse Service to anyone, or cancel an account, for any reason at any time.

In the event of unauthorized access to or use of personally-identifying information (i.e. data that identifies an individual that compromises the security, confidentiality, availability or integrity of such personally identifying confidential information and does or is reasonably likely to result in misuse of such personally identifying confidential Information ("Security Incident")), in Nextep Recruiting's possession or control, Nextep Recruiting agrees to comply with all applicable breach notification laws of the relevant states and to reasonably cooperate with you in your investigation of the Security Incident.

  1. Rules of Conduct As a user of Nextep Recruiting, you agree that you:
    • will not respond to postings by other users in any way other than that which is expected (i.e. contacting a job applicant to discuss the job posting applied for or submitting an application for a job posting).
    • will not communicate with other users in a solicitous manner, including communications made via email.
    • will protect the security of your password. Protecting your password is your responsibility. You are responsible for all uses associated with your account registration regardless of whether or not you authorized use thereof. If someone gains access to your account and uses it in such a way that violates our Terms of Service, Nextep Recruiting reserves the right to cancel your account. You agree to notify support in the event that you become aware of unauthorized use of your account.
    • will notify support if you become aware of any misuse of Nextep Recruiting.
    • will not tamper with the material posted by other users.
    • have accurately represented your business to Nextep Recruiting If Nextep Recruiting becomes aware at any time that you misrepresented your business in any way, Nextep Recruiting reserves the right to cancel your account.
  2. Your Nextep Recruiting Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account and your job listing service, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the job listing service. You must not describe or assign keywords to your job listing service in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Nextep Recruiting may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Nextep Recruiting liability. You must immediately notify Nextep Recruiting of any unauthorized uses of your job listing service, your account or any other breaches of security. Nextep Recruiting will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  3. Responsibility of Contributors. If you operate a job listing service, comment on a job listing service, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

    • each active job listing you publish in your Nextep Recruiting account is unique (having more than one active job listing for the same open position is expressly prohibited) and;
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
    • your job listing service is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other services and web sites, and similar unsolicited promotional methods;
    • your job listing service is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your job listing service’s URL or name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Nextep Recruiting or otherwise.

    By submitting Content to Nextep Recruiting for inclusion on your Website, you grant Nextep Recruiting a world-wide, royalty-free, and non-exclusive license to include submitted content on Nextep Recruiting’s website and/or to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting your Content and/or Nextep Recruiting. If you delete Content, Nextep Recruiting will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, Nextep Recruiting has the right (though not the obligation) to, at Nextep Recruiting’s sole discretion (i) refuse or remove any content that, in Nextep Recruiting’s reasonable opinion, violates any Nextep Recruiting policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Nextep Recruiting’s sole discretion. Nextep Recruiting will have no obligation to provide a refund of any amounts previously paid.

  4. Fees and Payment. Optional premium paid services such as recurring subscriptions, extra storage, job posting advertisements, background checks, domain purchases or other options may be available on the Website. By selecting a premium service, you agree to pay Nextep Recruiting any fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a given time period as indicated. Premium service and/or subscription fees are not refundable.

    Nextep Recruiting reserves the right, at any time, to change its prices and billing methods for the Service, effective immediately upon posting to the Site or by email delivery to you.
  5. Refund Policy. Nextep Recruiting is a recurring subscription service, and the service is charged in advance, automatically, at each renewal date unless you make modifications to your subscription plan that impact your billing cycle and/or the amount due. When you cancel your Nextep Recruiting subscription, we will not bill you again, but do not offer refunds or credits for partial or unused terms of service or for upgrades/downgrades. For any upgrade in subscription plan level, the credit card that you provided will automatically be charged at the point in time when you upgrade. Downgrading your Service will not result in any refund and may cause the loss of access to content, features, or capacity of your Account.
  6. Free and Paid Job Boards Nextep Recruiting offers its users the option to indicate a preference to post an active job posting(s) in a user’s Nextep Recruiting account to Nextep Recruiting’s network of free job boards. Nextep Recruiting also offers its users the option to purchase advertising for an active job posting(s) in a user’s Nextep Recruiting account to participating members of Nextep Recruiting’s network of paid online job boards. Each participating member of Nextep Recruiting’s free and paid job board network has its own set of terms and conditions governing the posting of jobs on its job board website. For this reason, Nextep Recruiting reserves the right to suppress from free and/or paid syndication any posting for any reason. Suppressing an active job posting from syndication is not a decision we take lightly, but is sometimes necessary due to participating members’ job posting terms and conditions. It is the user's responsibility to ensure that a user's job posting is in compliance with the terms and conditions of any job board (free or paid) the user wishes to post a position to. Nextep Recruiting will not collect payment from a user for advertising a job posting where Nextep Recruiting does not and/or cannot syndicate the job posting to the paid job board in question. The participating members of this free and paid online job board network are subject to change.
  7. Responsibility of Website Visitors. Nextep Recruiting has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Nextep Recruiting does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Nextep Recruiting disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  8. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Nextep Recruiting links, and that link to Nextep Recruiting. Nextep Recruiting does not have any control over those non-Nextep Recruiting websites and webpages, and is not responsible for their contents or their use. By linking to a non-Nextep Recruiting website or webpage, Nextep Recruiting does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Nextep Recruiting disclaims any responsibility for any harm resulting from your use of non-Nextep Recruiting websites and webpages.
  9. Copyright Infringement and DMCA Policy. As Nextep Recruiting 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 Nextep Recruiting violates your copyright, you are encouraged to notify Nextep Recruiting in accordance with our Digital Millennium Copyright Act (”DMCA”) Policy. Nextep Recruiting 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 Nextep Recruiting or others, Nextep Recruiting may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Nextep Recruiting will have no obligation to provide a refund of any amounts previously paid to Nextep Recruiting
  10. Intellectual Property. This Agreement does not transfer from Nextep Recruiting to you any Nextep Recruiting or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Nextep Recruiting, the Nextep Recruiting logo, and all other trademarks, service marks, graphics and logos used in connection with Nextep Recruiting, or the Website are trademarks or registered trademarks of Nextep Recruiting or Nextep Recruiting’s 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 Nextep Recruiting or third-party trademarks.
  11. Reliance on Third-Party Systems Nextep Recruiting does not store any credit card information from you. Instead, we pass credit card information to our payment gateway, such as Authorize.Net, through a payment management software provider, such as Chargify, and the payment gateway stores it in their system. We are not responsible or liable for any problems that arise as a result of credit card information being misused after we have passed it to our payment gateway for storage by them.
  12. Notices: Except as otherwise provided in this Agreement, notices and other communications under this Agreement shall be in writing and shall be delivered, mailed by first class mail, postage prepaid, or sent by facsimile or electronic mail, addressed, (a) if to you, at the address kept in our files or at such other address as you shall have furnished to us in writing, or (b) if to us, at:

    Nextep Recruiting
    731 E 5th Street
    Bethlehem, PA 18015
    USA

    Your notice must specify your name and Account. Each such notice, request, or other communication shall be effective (i) if given by mail, 72 hours after such communication is deposited in the mails with first class postage prepaid, addressed as aforesaid, (ii) if sent by facsimile or email, when sent and receipt is electronically confirmed or (iii) if given by any other means (including, without limitation, by air courier), when delivered at the address specified above. Oral notices shall be deemed effective on the date reflected in our records.
  13. Service Availability We will make every available effort to keep Nextep Recruiting Services operational 24 hours a day, 7 days a week. There will be periods of downtime for maintenance and upgrades, and sometimes, for reasons that we did not plan. We will attempt to provide at least 24 hours of notice for scheduled maintenance or downtime, but some downtime may be unscheduled and beyond our control. WE MAKE NO GUARANTEE AS TO UPTIME OR AVAILABILITY OF THE SERVICE.
  14. Email Communications from Nextep Recruiting to You You agree that Nextep Recruiting may send email messages to you from time to time regarding planned service downtime, new features, and other communications that we believe our users will want to know about. You may opt out of receiving these emails by using the opt-out link provided in the email or by contacting support@prismhr-hire.com. Some email messages are related to your account status and can only be opted-out of by canceling your Nextep Recruiting account.
  15. Changes. Nextep Recruiting reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Nextep Recruiting may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  16. Termination. Nextep Recruiting may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Nextep Recruiting account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a premium Services account, such account can only be terminated by Nextep Recruiting if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Nextep Recruiting’s notice to you thereof; provided that, Nextep Recruiting can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  17. Disclaimer of Warranties. The Website is provided “as is”. Nextep Recruiting and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Nextep Recruiting nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, we salute you. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  18. Limitation of Liability. In no event shall Nextep Recruiting, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, or agents be liable for any damages including, but not limited to, direct, compensatory, indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of or relating to (i) your inability to use the materials, content, services or accounts; (ii) your misuse of the materials, content services or accounts; (iii) nonperformance or a failure of the services caused by acts or omissions of another service provider, (iv) equipment or software failure or modification; (v) telecommunications or computer equipment failures, or (vi) acts of God, or other causes beyond our reasonable control. The foregoing shall apply even if Nextep Recruiting has been advised of the possibility of such damages. Nextep Recruiting also makes no representations or warranties that your access to and use of the site, materials, content, services and accounts (1) will be uninterrupted or error free; (2) is free of viruses, unauthorized code, or other harmful components; (3) is secure; or (4) will meet your satisfaction. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the site, materials, content, service and account.

    In no event shall Nextep Recruiting, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, agents and any underlying carrier be liable for injuries to persons or property arising from use of the services, or any equipment used in connection with the services.

    If, notwithstanding the other terms of this agreement, Nextep Recruiting should have any liability to you or any third party for any loss, harm or damage, you and Nextep Recruiting agree that in no event shall liability of Nextep Recruiting to you for any reason exceed our service charges during the affected period giving rise to such liability.

    You and Nextep Recruiting agree that this section of the agreement, "Limitation of Liability", is an agreed allocation of risk between you and Nextep Recruiting You acknowledge that, absent your agreement to this Limitation of Liability, Nextep Recruiting would not provide the site, materials, content, services, or accounts to you.
  19. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Nextep Recruiting Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  20. Indemnification. You agree to defend, indemnify, and hold harmless Nextep Recruiting, its parents, subsidiaries, affiliates, and their respective members, managers, directors, officers, employees, stockholders, agents and any underlying carrier, harmless from and against any and all claims, expenses or damages (including attorneys' fees), whether known or unknown, arising from, incurred as a result of, or in any manner related to (a) your use of the Services, (b) any other person's use of any account you maintain, or (c) your promises or statements made in this agreement. You hereby agree to waive all laws that may limit the effectiveness of the foregoing releases. This indemnification shall apply to the fullest extend permitted by law and shall survive termination of this agreement.
  21. Miscellaneous. This Agreement constitutes the entire agreement between Nextep Recruiting and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Nextep Recruiting, or by the posting by Nextep Recruiting of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Oregon, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Multnohmah County, Oregon. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Portland, Oregon, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Nextep Recruiting may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
 

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