SIDELINE TECHNOLOGIES, L.L.C.
The following page states the "Terms of Use" under which Sideline Technologies, L.L.C., ( "Sideline") operates the web site PrecisionHire.com (the "Web Site"), and the terms which each person accessing the Web Site ("you") agrees to be bound by. If you do not accept these Terms of Use do not use the services or the Web Site. Your use of the Web Site indicates your acceptance to be bound to the Terms of Use as stated. Sideline has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms of Use, including the Privacy Policy, in whole or in part, at any time. Changes will be effective when changes are posted on the Web Site. Users are responsible for checking these Terms of Use frequently for updates. Your continued use of the Web Site or downloading or use of Content constitutes an acceptance of such amendments.
ACCESS
By using this website you represent and warrant that any viewing or use of Web Site Content is in connection with a personal non-commercial unless such commercial use is specifically authorized in writing by Sideline. In connection with accessing the Web Site you have created a password. You agree to take reasonable precautions in guarding the secrecy of your password and that all information and instructions received from a user presenting your password are deemed to have been made by you and are binding upon you. You will promptly notify Sideline if you discover that your password has been disclosed.
USE OF CONTENT
All Web Site content including but not limited to web pages, illustrations, graphics, images, text, and HTML code (collectively, "Content") are owned by or licensed to Sideline and are subject to United States and international copyright law. Content may NOT be copied or reproduced, except as provided herein without the express written consent of Sideline which may be arbitrarily withheld. Up-loading, transmitting, or posting of Content in any format for any purpose, except as otherwise provided herein is strictly prohibited. Users may not copy or adapt the HTML code that was created by Sideline in order to generate the Web Site or Content. Sideline permits the printing of pages from the Web Site for personal and non-commercial use by authorized users only, provided that all copyright and other notices on any printed copies are accurately reproduced, and any printed Web Site Content is not subsequently copied or distributed in any manner to any other parties.
SUBMISSIONS
If, at Sideline's request or on your own, you send, email, post or otherwise transmit to Sideline or the Web Site employment opportunities, job positions, resumes, information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about yourself, or other materials (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, Sideline property. Except as provided in Sideline's Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on Sideline's part, and Sideline shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, you grant Sideline and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such Submissions. You further waiver all of your moral rights in favour of Sideline with respect to any Submission. You also warrant that any third party holder of any Rights in such Submissions, has validly and irrevocably granted to you the right to grant the licence stated above and has waived such third party's moral rights in such Submissions. You acknowledge that Sideline and its successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any third party holder of any rights. You represent and warrant that any Submissions to the Web Site are, to the best of your knowledge, accurate and not misleading, nor are such Submissions posted for any improper purpose.
SIDELINE TRADEMARKS
Among the trademarks and service marks owned by Sideline are: Sideline Technologies, PrecisionHire, PrecisionHire Sports and various Sideline design
marks (the "Marks"). These Marks may not be used without the prior written consent of Sideline. The "look" and "feel" of the Web Site is also subject to
trademark and other applicable restrictions. This includes Web Site color combinations, navigation tools, graphics, layout and other design elements.
DISCLAIMER
The Web Site acts as a portal for employers to post job opportunities and manage incoming applications for posted employment opportunities and for job
seekers to post resumes and apply for these open positions. Sideline operates in good faith to protect all authorized users of the Web Site. Sideline
makes no independent investigation into the quality or nature of job opportunities or resumes available, the accuracy of such information, the ability of
employers to offer specified opportunities or the ability of job seekers to fill positions. In addition, you agree to assume all risks associated with
dealing with other users with whom you come in contact with through the Web Site. You expressly release Sideline from any and all claims, demands and
damages of every kind and nature, arising out of or in any way connected with your use of the Web Site. Sideline is under no legal obligation to, and
generally does not, control the information provided by other users which is made available through the Web Site. Sideline makes no representations about
the accuracy, reliability, completeness, or timeliness of the Web Site or Content. Use of the Web Site and Content is at your own risk. You agree and
acknowledge that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the Web Site.
SIDELINE DOES NOT GUARANTEE THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE, CONTENT AND SIDELINE SERVER ARE FREE OF COMPUTER VIRUSES OR
OTHER HARMFUL DEVICES OR CODE. IF YOUR USE OF THE WEB SITE OR CONTENT RESULTS IN THE NEED FOR SERVICING REPAIR OF ANY SORT SIDELINE IS NOT RESPONSIBLE
FOR THOSE COSTS. THE WEB SITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS. SIDELINE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. SIDELINE MAKES NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE OR THE CONTENT.
LIMITATION OF LIABILITY
Sideline, its employees, affiliated entities, or any third parties mentioned on the Web Site shall NOT be held liable for damages including without limitation, incidental, consequential, or indirect damages, lost wages or profits, or damages resulting from business interruption.
ACCEPTABLE CONDUCT
You agree not to post any threatening or defamatory Content on the Web Site that invades privacy, is obscene, excessively violent, discriminatory, pornographic, abusive, or violates any law or advocates illegal activity. Sideline will fully co-operate with any law enforcement authorities or court order requesting or directing Sideline to disclose the identity of user of the Web Site and you consent to such disclosure. You agree not to damage, disable, attack, deface, or attempt unauthorized access to this Web Site or server, or a third party web site or server. You agree not to transmit or post Submissions to the Web Site or other users in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) or competing employment service for the sports industry or otherwise, without the prior written consent of Sideline. You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission.
INDEMNITY
You agree to indemnify and hold harmless each of Sideline, its employees, directors and affiliated entities including all third parties mentioned at Web
Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting
from your use of the Web Site, the Content or your breach of these Terms of Use.
TERMINATION OF SERVICES
Sideline reserves the right to pursue all of its legal remedies in order to protect the Web Site, the Content and authorized users of the Web Site,
including but not limited to deletion of employer or job seeker postings from the Web Site, termination of access to the Web Site and Content, job
seekers account's, or any other service provided to you by Sideline. If you are in breach of any of the Terms of Use, including obligation to pay for
services, Sideline may terminate these Terms of Use.
LINKS AND THIRD PARTY CONTENT
This Web Site may feature links to other web sites. Sideline provides these links only as a convenience. Any and all linked sites are not under the
control of Sideline, and Sideline makes no representation or warranty regarding Content or products or services available from such linked sites.
Hyperlinks may not be created between this Web Site and others without the express written consent of Sideline. Should Sideline permit you to create a
hyperlink to the Web Site, you agree not to frame the Web Site in such a manner as to disguise authorship, origin, attribution or intellectual property
rights.
JURISDICTION
This Web Site is controlled, operated and administered by Sideline from its offices within the State of Arizona. Sideline makes no representation or
warranty that the Web Site or Content are appropriate or available for use at any locations outside of Arizona. These Terms of Use shall be interpreted,
construed and governed by the laws in force in the State of Arizona. You agree that any action, suit or proceeding arising out of or related to these
Terms of Use shall be commenced in Phoenix, Arizona. Each party hereby agrees to submit to the jurisdiction of the courts of Arizona and waives any
objections based upon venue in any such action, suit or proceeding. Notwithstanding the foregoing, Sideline may pursue enforcement of intellectual
property rights and the protection of confidential information in such other jurisdictions as through injunctive or other equitable relief through the
courts.
INFRINGEMENT NOTIFICATION
If you believe that your copyrighted work has been uploaded, posted or copied to this Web Site and is accessible on this Web Site in a way that
constitutes copyright infringement, please notify Sideline at the email address info@PrecisionHire.com.
PRIVACY POLICY
Sideline is committed to protecting the privacy of all its users. Sideline will use reasonable efforts to ensure that the information you submit remains
private, and is used only for the purposes as set forth herein.
USER SUBMISSIONS
Sideline does not want to receive confidential or proprietary information from you through the Web site. Please note that any information or material
sent or submitted will be deemed NOT to be confidential. By sending Sideline any information or material, you grant an unrestricted, irrevocable license
to use, reproduce, display, perform, modify, transmit and distribute those materials or information.
RESUME SERVICES
Sideline is a career site, which gives job seekers the option of putting resumes in Sideline's database for third party employers to view and compile.
By submitting your resume to the database you give consent to employers and recruiters the access to your resume. Sideline uses reasonable efforts to
prevent access to the database by unauthorized parties, but cannot guarantee that other parties will not, without our consent, gain access to this
database. You may remove your resume from the Sideline database at any time upon notice. However, employers who have had access to the database, and
other parties who have otherwise gained access to the database, may have retained a copy of your resume in their own files or databases. We are not
responsible for the retention, use, or privacy of resumes in these instances, or for the use or privacy of resumes by any of such parties while resumes
are in the Sideline database.
COOKIES
To enhance your experience at the Web Site, Sideline uses a feature on your Internet browser called a "cookie". Cookies are small files that your Web
browser places on your computer's hard drive. The Web Site at Sideline uses cookies for remembering user names and passwords and preferences, tracking
click streams, and for load balancing. Cookies allows the delivery of faster service, consistent, updated results, and a more personalized site
experience. You have the option of setting your browser to reject cookies. However, doing this may hinder performance and negatively impact your
experience on the Web Site.