The OnPoint HR and GigHR websites and any associated services, including (without limitation) all websites, mobile applications and other interactive properties through which such services are delivered (collectively, the “Service”) are owned, operated and distributed by OnPoint HR Solutions, Inc., a California company (referred to in these Terms of Service as “OnPoint,” “we,” and through similar words such as “us,” “our,” etc.). By accessing or using any part of the Service, you are agreeing to the terms and conditions described below (the “Terms of Service”) and the terms and conditions of our Privacy Policy (the “Privacy Policy”) which are incorporated herein by reference.

These Terms of Service apply to all users, including users who are simply viewing content available via the Service, clients seeking to fill open positions through the Service (“Clients”), and professionals/executives/consultants who have provided information to the Service to seek an open position (“Professionals”). Clients may enter into a Master Services Agreement (“MSA”), Statement of Work (“SOW”), Non-Disclosure Agreement (“NDA”) or other search contract (collectively, “Agreements”) with OnPoint separate from these Terms of Service. In such cases, the terms of those Agreements shall control if they are in conflict with these Terms of Service.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

We reserve the right to refuse service to any person for any reason, at our sole discretion. In addition, at our sole discretion, we may suspend or terminate your account for any reason. Such termination of your account will result in your loss of access to the Service. We will not be liable for any decision to suspend, terminate or refuse service under any circumstances.

The Service is controlled and offered by us from our facilities in the United States of America. Except as indicated in these Terms and the Privacy Policy, we make 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 responsible for compliance with local law.

Visitors to the Website and Account Creation

You can visit the public sections of the Service without identifying yourself or providing Personal Information. In order to access some features of the Service, you will have to create a login account.

For Professionals, creating an account will mean completing the necessary information to have a profile through the Service. When creating your login account, you represent and warrant to us that the information you provide is accurate and complete in all respects. All registrations must be made by you, personally.

For Clients, creating an account will allow you to seek to fill an open position. You can contact OnPoint’s customer service to understand what fee may be associated with such an account. When creating your login account, you represent and warrant to us that the information you provide is accurate and complete in all respects. All registrations must be made by you, personally. In some circumstances, a Client may register on behalf of multiple employees. In such circumstance the Client hereby certifies that any Personal Information provided is treated consistent with these Terms of Service and our Privacy Policy

Accounts registered by “bots” or other automated methods are not permitted under any circumstances. You may never use another individual’s login account without permission and may not permit anyone else to use your login account. Single login accounts shared by multiple persons are not permitted under any circumstances.

You agree that you will be solely responsible for all activity that occurs on your account, whether or not authorized by you. Accordingly, it is extremely important that you engage in activity consistent with all laws and these Terms of Service. Further, you are obligated to keep your password secure and you agree to notify us immediately in the event you become aware of, or suspect, any breach of security or unauthorized use of your account.

Equal Opportunity Employer

OnPoint is an Equal Opportunity Employer with regard to both its own employees and Professionals seeking employment through the Service. OnPoint does not discriminate on the basis of race, religion, color, sex, gender identity, sexual orientation, age, non-disqualifying physical or mental disability, national origin, veteran status or any other basis covered by appropriate law. All employment offerings and referrals are decided on the basis of qualifications, merit, and business need.

Fees

We reserve the right, at any time, to change any fees or charges for using the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change. We will charge you sales tax as applicable to the Service or any order placed through the Service, based on your billing address. In addition, you will be responsible for all other taxes, levies, duties or similar charges, only excluding taxes based on our income.

Restricted Uses

You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:

 

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • To impersonate or attempt to impersonate OnPoint, an OnPoint employee, another authorized user, or any other person or entity;
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm OnPoint or users of the Service or expose them to liability.

 

Additionally, you agree not to:

 

  • Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service;
  • Use any manual or automated process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent;
  • Use any device, software, or routine that interferes with the proper working of the Service;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service;
  • Decompile, reverse engineer, disassemble, or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Service;
  • Modify, move, add to, delete, or otherwise tamper with the information contained in the Service;
  • Conduct any systematic or automated data collection activities on or in relation to the Service;
  • Use the Service for any purposes related to marketing without our express written consent.

 

Third Party Content

The Service may contain links to third party content and other third-party websites that are not owned or controlled by OnPoint. Links are provided to online users solely as a convenience and our inclusion of such links does not imply any endorsement of the information by OnPoint. You acknowledge and agree that we have no control over such sites and resources, are not responsible for the availability of such sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, features, services, information or other materials on or available from such sites or resources, or any websites that they may link to (collectively, “Third-Party Content”). We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Content.

Intellectual Property Rights

Except for Third Party Content, all material included on the Service, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) are owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. In addition, the compilation and presentation of the Content on the Service is subject to copyright owned exclusively by us. Content on the Service may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Service and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of public submissions of third parties obtained through the Service for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

Warranty Disclaimer and Limitation of Liability

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT AND SERVICES ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE, AND ASSUME 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 THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnity

You agree to defend, indemnify and hold harmless us and our affiliates, officers, directors, employees and agents, 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; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any information you provided to OnPoint caused damage to a third party; or (v) any action taken by a third party using your account or user ID. This obligation will survive these Terms of Service and your use of the Service.

Miscellaneous

You agree that the Service shall be deemed a passive service incorporated in New York with its primary place of business in California and shall not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal laws of the State of California, without regard to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from the Service or our services shall be subject to the exclusive jurisdiction of the federal and State courts located in California. These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Service or in other materials distributed in connection with our services, constitute the entire agreement between you and us concerning the Service and our services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

To the fullest extent permitted by applicable law, NO CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE Service or the WEB SITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you be instituted more than three (3) years after the cause of action arose.

Most communications between us and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and us shall satisfy any legal requirements that such communications be in writing.

Modification of the Terms of Use

We may, at our sole discretion, modify these Terms of Service or the incorporated Privacy Policy at any time. By accessing or using the Service at any time after such modifications, you are agreeing to such modifications. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

These Terms of Service were last modified as of May 2019. In addition, we may modify and/or temporarily or permanently discontinue all or any part of the Service at any time at our sole discretion, with or without notice, and will not be liable for any such action.