***These Terms and conditions apply to all Users of IAH’s Services. *For the Terms of Service which specifically apply to Companies, go to the “For Companies” section of this document.***
TABLE OF CONTENTS
For Private Users / Candidates
1) Definitions and Preamble
2) Scope of application
3) Private user Eligible to Participate
4) Private User Registration: Entry Into Effect
5) Prohibited Conduct and Limitations of Use
6) IAH’s responsibilities: The Service’s Operational functionality
7) The Obligations of Private Users
8) Placement and Payment
9) Technical Deficiencies and Service Quality
10) Limitation of Liability & Availability
11) Indemnification & Intellectual Property
13) Cessation / Term
14) Data Protection
15) Modifications to the Terms of Service
16) Jurisdiction / Governing Laws
17) General Provisions
18) Criminal Records
19) Refer your Friends Program
For Private Users
(Example: Candidates, Students, Affiliates, Employees etc...)
1) Definitions and Preamble
a) I AM HERO INC (hereinafter referred to as "IAH" or "us" or “we” ) operates an online job marketplace platform via https://iamhero.io as well as other conduits, and is namely the service provider. The services provided by IAH can be hereafter referred to as the ("Service" and/or “Services”). IAH operates its own Artificial Intelligence program/algorithms (hereafter referred to as “AI” and/or “AI Assisted Matching Service” and/or “AIAMS”).
b) The Service connects Companies, Institutions, Corporations, etc., which are offering employment Opportunities/Jobs; (mentioned as either; "Company” or "Companies"), and employment searchers such as candidates, students, affiliates, employees, etc... (mentioned as either; "private user" or "private users" or “Private user/candidate”), with each other in a criteria based AI Assisted Matching Service (AIAMS). This high performance automated system endeavors to match the right person/applicant with the right employment job offer while using all criteria stored in its entire database.
c) Private users are natural persons seeking either new employment or freelance contracts through the Service.
d) Companies are commercially registered natural persons and/or business entities searching for new employees, freelancers, private contractual offers, private person contractors and/or other such parties, through the Service.
e) These Terms of Service are effective as of September 25th 2017, and shall remain in effect until modified and/or updated as provided in the Sections above.
2) Scope of application;
a) Within the context of the Private users' own qualifications; whether they be technical, operative, potential and/or otherwise, IAH allows the Private users to take part in the use of the Service. IAH provides all services in connection with the Service for Private users solely based on these Terms of Service (hereinafter referred to as "Private user Terms of Service" or "Terms of Service" or “ToS”) which are in the section of this document relative to private users.
b) IAH stands in opposition to the cogency of any Private user’s general terms and conditions. The general terms and conditions of any Private users only become an integral part of the agreement between the Private user and IAH, if and only if IAH explicitly agrees to such terms in an IAH written statement signed by an authorized person/party within IAH INC and a particular private user or group thereof.
c) IAH can, for the enhancement of its Service, make use of an autonomous third party’s services ("Third Party Service") such as app stores, services of a social media network or independent networks etc... No third party services are provided by such third parties, upon the directives of IAH. IAH does not provide nor support in any manner, any of the apps, services, conditions of use or other services provided by third parties. Third parties or IAH will identify these services in an appropriate manner. These Terms of Service are not subjugated by any issues in connection with and/or arising from third party services. All third party services are entirely subjected to their own overall terms and conditions as they are the main providers of such third party services, and consequently, IAH shall in no way or manner be held liable and/or responsible for third party services regardless of the resulting issues suffered by any of IAH’s users.
d) Separate user accounts may be necessary for the purpose of using third party applications for mobile devices (generally referred to as "App" or "Apps") such as for example; ("App Store" apps). Unless specifically identified as being IAH’s own supplied and supported applications, any other applications will be deemed or considered as being provided and supported by a third party and not part of IAH. IAH does not certify that the Service is equal in functionality and design on all mobile devices. Some functions, features and/or contents may not be available on certain devices. Private users should see the functionality description of the App/Apps they are using.
3) Private user Eligible to Participate
a) IAH offers the Service only to Private users looking for Placement as defined in Section 7(a) of this ToS section.
b) By the act of registering his/her account and/or by participating in the Services provided by IAH, any Private user and/or applicant, indicates that he/she is of legal age and of legal capacity to work for an employer in the jurisdiction within which he/she(the applicant/candidate/private user) is offering his/her services, and henceforth, his/her employment is in accordance and conformity with the laws and regulations applicable in the relevant jurisdiction.
4) Private User Registration: Entry Into Effect
a) The participation in the Service requires that the Private user enters into a legally binding agreement with IAH which is defined as follows;
i) By simply joining the service, the Private user submits a binding offer to enter into an agreement with IAH according to the terms and conditions of this ToS document, (also referred to as the "Agreement"). The creation of an IAH Private user account (also referred to as the "Account") is avowal of consent by the Private User to enter this agreement and consequently, abide by the terms of service thereof.
ii) Private users who participate in the Services on IAH’s website(s) or any other of IAH’s service channels or networks by act of joining and/or using them is proof of consent to these terms and conditions of service.
b) Private users must accurately enter any of the required form fields in their service user’s accounts and provide IAH with any future updates relative to their contact information such as their physical address, phone number, age etc.. Furthermore, private users must not use any aliases or other means to disguise or conceal their true identity or contact information.
c) IAH may notify private users of issues they detect in user accounts. IAH may also request additional information (see Sections 6.1 and 6.2). The Agreement enters into force upon acceptance of the Private user to join/enter the Service (usually established by the creation of a user account). IAH is under no obligation to verify and/or maintain the validity and accuracy of the information entered into private user accounts, however IAH reserves the right at its’ sole discretion to terminate any user account if it considers the information which the user has submitted to be in violation of the ToS agreement in any way, and/or for any other reason it considers justifiable for the account’s termination.
d) IAH is entitled but not obliged to verify the accuracy of the Private user's information. This may be done by IAH requesting documents to positively prove the user’s identity such as a personal photo ID card or other form of identification. IAH, to its’ sole discretion, is entitled to make the creation of any account subject to such authentication.
e) Prior to sending the online registration form, the Private user can print out the Terms of Service or save them to a permanent data storage device. IAH recommends that Users check back from time to time to make sure they have the latest updated version of the present ToS document.
5) Prohibited Conduct and Limitations of Use
a) IAH provides its Services solely for use in accordance with these Terms of Service. Automated login is prohibited. Only IAH’s official customers and approved third party apps or otherwise its provided websites may be used to access and use its Services. The Private user may not; host, link, create, provide or support any other options, which can be used by other persons to make use of IAH’s Service.
b) Transferring his/her user account to any third parties without the prior written consent of IAH is strictly prohibited.
c) The Private user may not undertake any action, which can result in an unreasonable, perverse or excessive load of the technical capabilities of IAH’s services. The Private user is not entitled to use any mechanisms, software or means in connection with the Service, which can disrupt functions of IAH’s Services. The Private user is not permitted to overwrite, modify or block the contents generated by IAH without having obtained IAH’s specific and explicit written permission to do so.
d) The Private user will refrain from anything that could compromise the availability and/or performance of IAH’s Services.
e) By using any of IAH’s Services, the Private user will not violate or circumvent any applicable legal provisions such as third party rights or the criminal code or any other regulative laws. The Private user assures not to upload, transmit, link or contribute any illegal or immoral contents to the Service. This includes any contents deemed as confidential and/or private such as third party confidential information, copyrighted material, member names, etc., and/or any contents which are either;
i) False, misleading or inaccurate;
ii) Racist, insulting, discriminatory, sexist, pornographic or obscene;
iii) Damaging to the reputation of IAH;
iv) Susceptible of violating copyrights, brands, patents, intellectual property, the rights on a person's own image(s), other personal rights, third party rights or any other rights, laws, regulations, obligations and/or contractual dispositions and/or agreements.
f) The Private user will honor the privacy of third parties. In addition, the Private user is not permitted to;
i) disseminate in or through IAH’s Services, any unauthorized third party content which is protected by copyrights or other rights and/or refer to offers with such content;
ii) disseminate commercial advertising for third party products or programs;
iii) send unsolicited mass emails and unsolicited advertising in or through IAH’s Services.
g) IAH is entitled to forcefully discontinue any and all violations against any Section of this agreement. Furthermore, IAH is entitled to delete a Private user’s contents at its sole discretion. Relative to any contents in violation against these Terms of Service when definite indications of such violations are determined, whether illegal, discriminatory and/or otherwise prohibited, the same preventive measures apply. Moreover, there is no entitlement to the recovery of deleted content. Such claims are also voided if the restoration is not possible for technical and/or other reasons.
h) Any blocked Private user is prohibited from creating a new account without having obtained the prior express written consent of IAH. If this ban was circumvented, then IAH has the right to block this account permanently without prior notice to the private user at fault.
i) The provisions of this or any other section of this agreement do not limit the termination right of IAH which predominantly reserves the right to immediately terminate an account at its sole discretion without prior notice to the user when it deems such action is in IAH’s best interests and/or where the account’s termination is in accordance with the dispositions of any section of this agreement. In addition, the dispositions of this agreement do not limit IAH’s right to exercise the virtual domiciliary right.
6) IAH’s responsibilities: The Service’s Operational functionality;
a) IAH’s Service provides the connecting of Private users with Companies according to the highest level of AI assisted matching criteria found in its system’s database. The Service works as follows: Private user join/sign-up to the Service and create a specially enhanced profile which they make available on the IAH platform. Companies provide a specifically enhanced and complete profile after concluding an exclusive Recruiting Partnership Agreement with IAH. This profile is only visible to Private users that the Companies are especially interested in according to the requirements they have setup for their Ideal Candidate(candidates) relative to the employment offers they have submitted as defined below:
i) Companies can set up their Job offers adding all the criteria they require for the positions offered. For services relative to companies, see the “for Companies” section in this document.
ii) Private user can set up their personal profiles adding all the criteria they wish for the positions they are searching for.
iii) The Private user/candidate can either accept or reject a Company’s interview request. If rejected, the Company may (accordance with the Recruiting Partnership Agreement(RPA) and upon consent of the Private user) re-contact him/her in with a revised proposal. If accepted, IAH connects the Private user and the relative Company. (**See section for companies for info relative to the Recruiting Partnership Agreement(RPA).)
b) Once a Private user has been viewed by a Company in the detailed view, he/she is considered as being presented or introduced by IAH (“Candidate Introduction”). If the Private user and Company had been introduced in the past three months on the same job offer before the Introduction directly or by a third party and the Company does not inform IAH about this within five business days in writing along with the substantiating material evidence establishing proof of the previous introduction, the Private user is considered to have been introduced by IAH. Previous contacts by email or the pertaining Service through which contact was established are sufficient media to constitute positive evidence in this matter. A Private user is considered to be already introduced either directly or by a third party when there is a written communication concerning the Private user, with a positive identification of the said user and the Company along with a clear identification of the opportunity to hire him/her.
c) IAH may periodically, while under no obligation to so, suggest a specific Private user to a Company or vice versa. The Private user is then also seen as introduced if the company accepts the suggested candidate. This can be done via; third party, messaging service, email or phone.
d) IAH’s AI assisted matching system uses its entire database to match candidates and Companies together according to the criteria it has collected from both parties, however, IAH does not under any circumstances represent, guarantee, warrant or claim in any way that Private users and/or Companies will find a perfect match through IAH’s Service since it is not responsible in any absolute way, of the information submitted to it by either party. It is therefore important for all users to enter as much pertinent data as possible to increase and maximize their search results.
7) The Obligations of Private Users
a) Private users shall submit the information about themselves as requested in the essential and voluntary fields of the sign-up form.
b) IAH may add voluntary or compulsory fields from time to time. The Private user shall not transmit any personal data of a third party (ie; data allowing identification of another individual) to IAH, unless data protection laws allow for such transmission or the specific Private User has obtained prior written consent from the concerned party(parties). IAH may also request additional information from Private users on a case by case basis.
c) Unless otherwise provided in these Terms of Service, IAH will usually communicate with the Private user via email and or through the service. The Private users shall make sure that they receives all emails sent by IAH to the address submitted in the course of the application, or at a later date. The Private users will in particular configure their spam filter accordingly and regularly check all incoming email under their submitted email address. IAH may choose any other appropriate means of communication to contact a Private User or Company.
d) The Private user shall inform IAH in writing within 5 business days if a Company gets in contact with him/her outside of the provided Service while their profile is visible to Companies on the IAH platform.
e) The Private user shall keep, all access data (login, passwords etc... "Access Data") for the Service, strictly confidential. Private users shall by obligation; promptly inform IAH in case they suspect or otherwise learn that an unauthorized third person and/or party is in possession of, their personal private Access Data.
f) In the case where IAH has reason to believe that an unauthorized third party is in possession of a user’s Access Data, IAH may, acting in its sole discretion without assuming any responsibility to do so, change the user’s Access Data without prior notice to him/her, and/or, block the respective user’s account. IAH will promptly inform the concerned Private user and will, upon request, communicate the new Access Data to him/her without undue delay. In such case, the Private user cannot claim to have his/her initial Access Data restored.
g) In case a third party makes use of another user’s Access Data, with the Private user being at fault of sharing their personal Access Data with said third party, the faulting Private user is liable for all and any resulting actions against him/her, and for any damages resulting from the breach suffered either by him/her self or another party. In such event, all access through the Private user’s Access Data shall be considered as an access by the Private user and under his/her entire responsibility.
h) IAH is not responsible for assisting with or providing for the obtaining of any visas, work permits, other permits, permissions, medicals or exemptions and/or other ‘country specific’ regulations, obligations, dispositions and/or requirements that may be necessary to their employ, residency or social status.
8) Placement and Payment;
a) Placement shall mean any form of employment, be it either; temporary employment, permanent employment, contractual/contracting or other employment and/or use of a Private User by a Company or an undertaking which is affiliated with a Company where such employment and/or use of the aforementioned Private User by the relative Company is compliant with the laws and regulations relevant to the location within which the Private User is being hired.
b) IAH may contact Private user to request status updates about ongoing negotiations between them and Companies. All Private users agree to inform IAH in writing either through the service or via email as soon as possible, however no later than five business days after, if they were contracted or otherwise hired by a Company for ("Placement").
c) Private users agree that; Companies are allowed to share contract details with IAH.
d) By Obligation, Private users must inform IAH in writing within five business days about any rehiring or similar action by a Company for a period of twelve months after termination of their last employment or labor contract.
e) IAH operates a “Refer a Friend Program” and an "Affiliate Program". Private user can refer their friends and other people to join the service and receive perks. If however, they become affiliates of IAH by entering the IAH affiliate Program, they can earn commissions and bonuses for those they refer. When a person signs-up through an active affiliate (an affiliate being of active status in IAH’s Affiliate Program), a commission is paid out to the active affiliate according to their affiliate status. If the referred person is successfully placed in a fixed employment (not applicable to contract work or internship position), the referring ‘Private user active affiliate’ is entitled to a referral bonus. The affiliate generated referral needs to be done through the Affiliate Program’s referral technology provided in the Service or an active affiliate’s tracking link. An Affiliate Generated referral lasts for as long as the referring Affiliate remains active, during which time no other Private user or affiliate can refer the same person to IAH. IAH will credit the referral commissions and Bonuses to Active Affiliates Only. (*Note* For information on how to become an Active IAH Affiliate, see the Affiliate Document provided on this site. Affiliate Placement bonuses are generous and very enticing. We recommend that our Private Users review the Affiliate Program details promptly.)
9) Technical Deficiencies and Service Quality
a) The IAH Service is an ongoing, technically progressive and continuously updated service. By innovating and advancing the Service, IAH intends to provide Private users with a constantly useful Service and pleasant Private user experience. Henceforth, IAH endows the Private User with the latest updated Service version available. Innovations and technical updates can affect system requirements and compatibility requirements. The Private user has no claim for the maintaining or reconstruction of a specific condition affecting the scope of services available. As a result, any Private user's claims for deficiencies (in reference to the technical usability of the Service itself), shall remain irrelevant and voided. Due to the continuous innovation of the Service, IAH reserves itself the right to offer new features and/or to remove them from the Service or to change them. The Private user consents to these continuous changes of the Service and declares (him/her self) satisfied with them by continuing to use the service.
b) Errors which occur through external influences such as operating errors by the Private user, brute force modifications or any other types of manipulations which are not carried out by IAH are Excluded from warranty.
c) IAH does not provide nor assume any guarantees in a legal sense for anything which is not expressively provided for in these Terms of Service.
10) Limitation of Liability & Availability
a) IAH shall be liable under the terms of this Agreement only in accordance with the provisions set out in Sections 9.a.i to 9.a.iv. Except in case of intent or gross negligence, any liability of IAH shall be disclaimed. The same applies in case of slight negligence by agents or assistants in performance. However, the preceding does not apply in the following cases:
i) If IAH provides a warranty, it shall be liable for losses arising from the lack of any warranted characteristics up to the amount which is covered by the purpose of the warranty and which was foreseeable for IAH at the time the warranty was given.
ii) IAH shall be unrestrictedly liable in accordance with the relevant California, USA Product Liability laws in the event of product liability.
iii) IAH shall be liable for losses caused by the gross negligent (including simple negligence) or intentional breach of its primary obligations by IAH, its legal representatives or authorized assistants in performance.
(1) Primary obligations are such basic duties which form the essence of the Agreement and which were decisive for the conclusion of the Agreement and on the performance of which Private users may rely.
(2) If IAH breaches its primary obligations through simple negligence, then its ensuing liability shall be limited to the amount which was foreseeable by IAH at the time the respective service was performed. .
b) Subject to Clause (9.a), only and other than in case of intent, IAH does not accept any liability under or in relation to the Agreement or its subject matter whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason for any indirect damage and consequential damage, in particular, not for loss of profit, interruption in business and/or interruption of operations of Private users or its customers, unless explicitly specified otherwise in these Terms of Service or in a separate agreement.
c) Periods during which the Service is not available because of technical or other problems outside IAH’s control (such as ‘brute force’ or third party fault) and periods during which routine maintenance works are carried out, all being from the following statement excluded; IAH undertakes to assure, without being obligated to, the availability of the Service above 98% (ninety eight percent) as a yearly average following its first full year of operation. IAH may restrict access to the Service if required for network security, maintenance of network integrity and/or in prevention severe malfunction of; the network, the software or the stored data. The Private user’s rights in case of intent or gross negligence remain unaffected.
d) Furthermore, The site and its services are provided "as is" without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the site or its services will be safe or secure. You acknowledge and agree that your sole and exclusive remedy for any dispute with IAH or its services is to stop using the service, and to terminate your account. You acknowledge and agree that in no event will IAH, its licensors, affiliates, employees, officers, members, managers, attorneys, advisors, partners, investors, lenders or directors be liable for any act or failure to act by them or any other person regarding the use, conduct, communication or content on the service. Moreover, in no case shall IAH, its licensors, partners, employees, officers, managers, attorneys, advisors, partners, investors, lenders or directors be liable for any indirect, special, incidental, consequential or punitive damages (including, without limitation, those resulting from loss of profits, loss, alteration or deletion of data (including any content), loss of use or goodwill, or other intangible loss) arising from your use of the service, website, internet or for any other claim related in any way to your use of or registration with the service, whether based on warranty, contract, tort or any other legal theory and whether or not IAH or any of IAH's licensors, employees, officers, managers, attorneys, advisors, partners, investors, lenders or directors has been advised of the possibility of such damages.
e) IAH's aggregate liability arising out of this statement will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past six months. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, IAH´s and IAH 's licensors', employees', officers', members', managers', attorneys', advisors', partners', investors', lenders' or directors' liability shall be limited to the fullest extent permitted by law. IAH does not endorse, warrant or guarantee for the actions, content, information, or data of third parties and IAH will not be a party to or in any way be responsible for monitoring any connection between you and third-party suppliers of products or services.
f) Additionally, you release IAH and IAH 's licensors, affiliates, employees, officers, members, managers, attorneys, advisors, partners, investors, lenders, directors, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. If you are a California resident, you waive California civil code §1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
g) If any provision of this ToS document is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this ToS document will remain in full force and effect, and, if legally permitted, such offending provision shall be replaced with an enforceable provision that as nearly as possible gives effect to IAH's intent.
11) Indemnification & Intellectual Property
a) IAH or its respective licensor is/are the exclusive owner/owners of the rights of all contents of the Service. The unauthorized deletion, dissemination, copying or any other violation of intellectual property rights and copyrights of IAH are prosecuted under both civil and criminal law. The content is protected by national and international laws and particularly by copyright.
b) IAH will retain all rights, interests, and title in and to the Service (except for any third-party content and/or licensed content included in or with the service), including but not limited to, all data (such as any usage data and compilations of data), as well as the information and software related thereto. IAH reserves all rights not expressly established in these Terms of Service. The Private users acknowledge that the content, information, software and data(as previously mentioned) related to the Service are secured for IAH under copyright and similar rights and may contain trade secrets or other industrial or intellectual property owned or licensed by IAH.
c) Private users agree that IAH may use any information submitted to the Service to perform its obligation under and in accordance with these Terms of Service; (e.g. displaying work examples to other Private users), even if the information submitted is protected by either intellectual property laws or copyright.
d) Private users warrant by using the service that they have the right;
i) to submit their information to the Service and (b)
ii) to grant IAH the right to use the information as described in this terms of service agreement.
e) All Private users agree to defend, indemnify and hold harmless IAH and its officers, directors, owners, subsidiaries, agents and employees against any and all actions, claims, liabilities, losses, demands, damages, settlements, judgments, costs, and expenses (including any attorneys' fees and costs) based on;
i) any failure or breach of Agreements and the Terms of Service, including any warranty, covenant, representation, obligation or restriction made by them as a Private user herein,
ii) any misuse by them as a Private user of the service.
a) Except otherwise provided for in these Terms of Service agreement or with the explicit written consent of IAH, the Private users agree that all information, including without limitation, business information, information from the company profiles (e.g. salary information), information about tech staff concerning IAH or any of IAH’s other customers provided by or on behalf of any of them, shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by any Private user for any purpose other than a Private user’s participation in the Service ( "Confidential Information" ).
b) Private users shall especially not use any information obtained from the Service to enhance, operate or develop a service that competes with the Service or assist another party to do the same.
c) During and after the term of the Agreement, neither private nor corporate service using party will use or disclose to any third party for any purpose whatsoever, any Confidential Information of the other party. Any exception to this must be obtained in advance from the concerned party and must also be approved by IAH before it can be so used.
d) The preceding restriction does not apply to information that has been;
i) developed independently by the receiving party without access to the other party’s Confidential Information, or
ii) rightfully received from a third party authorized to make such disclosure or
iii) approved for release in writing by the disclosing party or
iv) has become publicly known through no breach of this Section by the receiving party or is required to be disclosed by a competent legal or governmental authority, provided that the receiving party gives the disclosing party prompt written notice of such requirement prior to disclosure and assists in obtaining an order to protect the information from public disclosure.
e) IAH may divulge your personal information, such as when required by law, regulation, or litigation. IAH may also disclose your personal information if IAH determines that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.
13) Cessation / Term
a) The Agreement shall commence on the date of the private user’s sign up to IAH’s service (by joining and/or using the service) and shall continue thereafter until terminated as provided herein.
b) Each party has the right to terminate the agreement by giving an advance notice of five business days unless otherwise agreed in writing.
c) Sections 8 and 12 shall survive any cessation of the Agreement and Section 12 shall especially survive for a period of five years.
d) The parties remain free to terminate the Agreement for cause at any time.
e) Any standard cessation notice does not require specification of the reasons for cessation, however, every cessation must be in written form, whereby the written form is maintained by email. Upon request, the reasons for extraordinary cessation must be disclosed immediately in writing if the cessation notice did not specify them already.
f) Moreover, IAH reserves the right, at its sole discretion, to terminate, suspend or otherwise limit your account, for any reason it deems valid, without your consent, prior notice or explanation and without liability. You may terminate or suspend your account at any time for any reason while remaining in accordance with this section.
14) Data Protection
b) The Private user understands that the performance of the Agreement includes the making available of personal data to other users subject to these Terms of Service, (e.g. making a Private user’s resume available to Companies).
c) The Private user understands that IAH may contact him/her via email, phone or messaging service and suggest Companies which fit the Private user’s profile.
15) Modifications to the Terms of Service
a) Each login to the Service is automatically subject to these Terms of Service by default.
b) IAH may at its sole discretion, make modifications to these Terms of Service (including amendments) at any given time, for any reason it deems appropriate for the future of its operations, whether or not these should prove particular necessary to reflect changes in the Service or changes in the legal framework applicable to it, such as new legislation or case-law etc. IAH will nonetheless make its modifications while providing that the Private user is not disadvantaged contrary to good faith.
c) IAH will notify Private users of modifications to the Terms of Service in appropriate form on the Service itself, or via email. Modifications to the Terms of Service may also be either highlighted upon first login or signaled as a message in the service itself after the modifications or amendments have been made. It is however good practice to view the update information at the end of the Terms of Service document from time to time in order to be certain to have awareness of the latest version.
d) Private users may dispute modifications to the Agreement within a time period of six weeks following receipt of the notification of the modifications or the possibility of having taken notice thereof within the six week limit. It is recommended that the Private user submits his/her opposition in writing (for example via email) to IAH as early as possible.
e) The modifications to the Terms of Service become binding in the event that the Private user (a) does not dispute the modifications within the above-mentioned time period or (b) continues to use the Service after the above mentioned period.
f) IAH will inform Private users concerning the possibility of disputing modifications they do not agree with and any legal consequences resulting from the modifications including those resulting from a lack of opposition to them, following notification to the Private users by IAH about the modifications to the Terms of Service having been made.
g) If the Private user disputes the modifications in time, each party may terminate the Agreement with prior notice of one month unless cessation is possible at any time according to Section 13. Until cessation, the Agreement in their former version will govern the Private user’s relationship with IAH. The Private user does not have any other right of claims against IAH concerning modifications to the Terms of Service unless otherwise specifically specified in the Terms of Service document in force.
16) Jurisdiction / Governing Laws
a) This Agreement shall be governed by and construed in accordance with the laws of California, USA. If a Private user is a USA resident, he/she shall not be deprived of the protection offered by the binding consumer protection laws of his/her county of residence. In the event that a Private user takes legal action, suit must be filed before a California, USA court.
b) Unless otherwise specified in a written agreement provided by and executed by IAH , the laws of California shall govern and control, without reference to its conflicts of law principles, any action concerning the website(s) and Services provided by IAH. By using IAH's website(s) service(s) and/or products provided by IAH, you are agreeing that any and all disputes arising out of or relating to the ToS will be first negotiated in good faith by the parties, and if such negotiations do not result in a mutually agreeable resolution, either you or IAH may bring a claim against the other, provided that such a claim shall be exclusively settled in the state or federal courts located in the State of California. You and IAH hereby as parties, irrevocably submit to the exclusive jurisdiction of such courts for any such claims, and waives any objections to such courts based on venue or the doctrine of forum non convenes.
c) Residents of the State of California, under the California Civil Code, have the right to request from companies conducting business in California a list of all third parties, if any, to which IAH has disclosed Personal Information during the preceding year for direct marketing purposes (e.g., requests made in 2017 will receive information about 2016 sharing activities). We comply with this law by offering our visitors the ability to tell us not to share your personal information with third parties for their direct marketing purposes. To make such a request, please write us at the address below. You must include this Site as the subject line, and your full name, e-mail address, and postal address in your message.
17) General Provisions
a) The Agreement contains the entire agreement between IAH and its Private users with respect to the subject matter it encompasses, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Terms and conditions set forth by the Private users do not in any way become part of the Agreement, unless IAH has accepted them and consented to them in a separate written agreement.
b) The Private user must not assign or transfer the Agreement or any or all of its rights thereunder without the prior written consent of IAH. Any or all of IAH’s obligations and rights under the Agreement may be assigned to a subsequent owner or operator of the Service in a sale, merger or acquisition of all or substantively all of IAH’s assets. In such case, the Agreement will inure to the benefit of and be binding on the successors, valid assigns and legal representatives of the parties hereto.
c) With exception of that which has been set forth in the Section 15 above, the Agreement may not be modified without the prior written consent of both parties. Any amendments, the abrogation of or modifications to the Agreement (in part or in its entirety) necessitate written form either by email, letter or fax and the requisite of written form can only be waived in written form.
d) Each party to this Agreement is deemed to be an independent contractor in relation to any other party with respect to all matters arising under this Agreement. Nothing herein shall be deemed to establish an association, partnership, employment or joint venture relationship between the parties.
e) No consent or waiver by IAH under these Terms of Service shall be considered effective unless provided in writing and signed by a duly authorized and appointed representative of IAH. IAH’s failure to act with respect to a breach by any Private user does not waive IAH's right to act with respect to the breach and/or similar or subsequent breaches.
f) Section headings used in these Terms of Service are simply general terms used for convenience purposes only and shall in no means or way affect the interpretation of the Agreement.
g) The English version of these Terms of Service is the decisive version and will supersede any other meanings resulting from its translation.
h) By joining the Service, Private users affirm and acknowledge that they have read and understood these Terms of Service in their entirety and agrees to be bound by all of its terms and conditions. If a Private user does not wish to be bound by these Terms of Service, he/she should not join the Service. The contents, products and services provided on web pages owned and/or controlled by IAH, including the information and any images incorporated in IAH's website, products and/or services are for your private personal non-commercial use only (the "Contents"). You may not, modify, post, copy, republish, reproduce, display, license, perform, sell, create derive works from, or transmit the Contents or anything you obtain or download from the web pages owned and/or controlled by IAH without prior written consent from IAH. You may contact IAH regarding permission to use the contents, However IAH may grant or refuse any permissions at its sole and absolute discretion. Please contact us regarding these matters at the address provided at the end of this document.
i) IAH's website, products and/or services are intended for use and access solely by those individuals which are eighteen (18) years of age and older. By using and/or accessing IAH's website, products and/or services, you represent and warrant that you have the right and capacity to enter into this agreement. Furthermore, you represent and warrant that you will, at all times, abide by all terms and conditions contained within this ToS agreement and any other associated agreement and that:
i) all registration information you provide is truthful and accurate;
ii) you will update the registration information as necessary to maintain its accuracy;
iii) you are at least eighteen **(18) years of age, or 16+ years with signed and verified parental consent; and your use of IAH's website, products and/or services does not violate any applicable state or Federal laws. IAH reserves the right, at its sole discretion, to immediately terminate your account if IAH believes you are under the age of eighteen (18) or between (16 & 17) or less than (16) and without verified parental consent to this agreement in your name.
j) By using the Site, Private users agree that they will be solely and personally responsible for their use of the Site and its Services and they will indemnify, absolve, clear and exonerate IAH, its licensors, directors, affiliates, employees, members, officers, investors, advisors, managers, attorneys, partners and lenders from all claims for losses, expenses and liabilities including reasonable attorney’s fees from third parties arising from your conduct. We reserve the rights, in our sole and absolute discretion, to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending content from IAH and its Services and terminating such violator’s account and/or reporting such content or activities to law enforcement authorities or other governmental agencies.
k) As a private user, you expressly agree that the use of the service, website and the internet is at your sole risk. The website and IAH´s products and services as well as third-party services and products are provided on an "as is" and "as available" basis for your use, without warranties of any kind, either express or implied, including, without limitation, any warranty of merchantability, non-infringement or fitness for a particular purpose. IAH provides the service on a commercially reasonable basis and does not guarantee that you will be able to access or use the service at locations of your choosing, or that IAH will have adequate capacity for the service as a whole or in any specific geographic area. The information on the site is for personal purposes only. The information contained on the site is not intended to be used to treat, cure or diagnose any medical or other condition. Always seek the advice of a medical professional or other healthcare professional prior to activities that may have an impact on your health.
l) Concerning Tracking; In order to improve the services and products of IAH's website(s), IAH may utilize "cookies", "web beacons", and/or similar devices to track your activities. A cookie is a tiny amount of data that is transferred by a web server to your browser and can only be read by the server that transferred it to you. A cookie functions as your identification and enables IAH to record your passwords, purchases, and preferences. A cookie cannot be executed as code or deliver viruses. A web beacon is a small transparent gif image that is embedded in an HTML page or email used to track when the page or email has been viewed. A similar method may be used by which a service and/or product may send data to a server or other remote computing device when a set of user-initiated events occur. This method is similar to a cookie in that it may track your visit and the data can only be read by the server that receives the data.
m) IAH may run contests or other promotions on IAH's website, products and/or services that request entrants to submit personal and/or contact information that will be collected and stored. IAH may use the information collected and stored to verify the entrant's eligibility to participate in the contest or other promotion and to communicate with the participant. IAH will not share the entrant's information with any third-party unless the participant is the winner or as may be required by law.
n) IAH and its affiliates reserve the right to investigate, review and enforce any appropriate terms or policy applicable to a user. IAH may make any disclosure reasonable necessary to;
i) prevent illegal activity from occurring or continuing to occur on IAH's website,
ii) enforce any section or term contained in any of IAH's agreements,
iii) comply with any request received from a court or government agency with proper authority to make such a request, protect the rights, security, reputation, dignity, and/or property of IAH, IAH's affiliates, users and/or the general public.
o) IAH monitors the Site and the Services for content that is or may be in violation of the terms of this Agreement. However, IAH does not guarantee that any information contained on the Site is accurate, complete, and factual or authenticated.
p) IAH reserve the right to modify or otherwise update these ToS at any time and you agree to be bound by such modifications, updates and revisions. You should visit this page from time to time to review the current terms. No waiver of any rights is to be charged against IAH unless such waiver is in writing signed by an authorized representative of IAH.
18) Criminal Records
“Usual Requirements for those with a pending criminal record”;
a) Private Users of IAH’s services who have a pending criminal record for which they have not yet received a state or government pardon are required to immediately disclose this information to their potential employer prior to their employment. ANY Employer who has agreed to employ them must be made aware of this fact before they conclude the employment contract. Failure to do so by the private user may and/or will entail serious consequences to the private user and serious damages can or will be incurred by both IAH and the employer alike.
b) If IAH is notified by a corporate user(employer) that the hired IAH referred private user failed to disclose such criminal record to them prior to their employment, the concerned private user will be held responsible for any and all damages suffered by both the employer and IAH providing the criminal record is either confirmed as being factual or deemed to be factual from a lack in proof of the contrary.
c) Upon such notification from an employer to IAH, the private user will be questioned to confirm validity of the allegations held against him/her. Should the Private user refuse to answer questioning and/or fail to provide proof and evidence that the allegations are false, IAH will deem the information it has received from the employer to be valid and truthful. In such case, the private user will be held legally responsible for any losses and/or damages suffered by IAH and the employer.
d) Where item (c) above is conclusive and there has resulted failure to exonerate the private user from the allegations held against him/her, both IAH and the employer reserve the right to terminate the employment contract of said user when and if such action is demanded by the employer. IAH reserves the right in such cases to terminate the private user’s IAH account without further notice, explanation, discussion or specific reasons.
e) Since IAH does not require any private users to disclose their private and confidential information concerning medical, criminal, religious or other such confidential information to IAH, its partners or to third parties offering various services, IAH will not be held responsible for damages incurred by employers who have not been informed of such information by the private users whom they have employed through IAH. It is therefore imperative that the candidates themselves disclose such information to their potential employers Prior to their employment in order to avoid any issues which could potentially result from such non-disclosure and/or cause damages to the employer willing to hire them. Pending Criminal Records often impose restrictions upon those who hold them and these restrictions can be detrimental to the inherent tasks and/or services required by the position/job being offered. We demand that private users disclose to their potential employers, any pending criminal records they may have prior to their employment through IAH services. Employers are fully responsible in assuring their employees are in conformity with any laws and regulations required for them to function.
19) The “Refer Your Friends” Program
Private users can refer others to the service and receive bonuses if the referred person is placed through the service. When a Private user joins the “refer a friend” program, a personalized link is created for that user. When anyone who comes into the service through the user’s link, acquires a premium membership, this qualifies the referring User to receive Bonuses. Several methods can be used to promote a user’s personalized link. The program offers automatic mail-out possibilities, and has a built in tracking component which monitors your direct invitation send outs when these are sent through the provided mail-out method within the service. Tracking social media invitations are not possible for the system to manage and users must track their own manually sent out invitations. The program has 3 main back office components for tracking. These are:
• Sent out Invitations; (amount of friends you have invited via email (either via the import of contacts or the manual method). Posting in social networks does not affect this counter as it is impossible to track how many friends you’ll reach with this method.)
• Accepted invitations; (the amount of your friends that actually did click through your personal referral link through to IAH, regardless of if they have upgraded to a premium account or not. This is independent of the method through which they have reached IAH through your referral link (Email, social networks etc.)
• Received commissions; (describes the amount of commissions/bonuses you’ve received if your friends have fulfilled the requirements necessary for you to receive bonuses/commissions)
As soon as your friend triggered an event that qualifies for bonuses, you are entitled to the following bonuses:
• Monetary Compensation: If a person that got referred to the IAH site through your referral link gets hired and is working for the employer longer than 4 months, IAH will receive the negotiated commission from the employer. 30 days after that transaction you will receive your bonus [Bonus can be up to $500+]; (IAH will use an appropriate method of payment such as a transfer to; bank account, credit card or paypal to pay out bonuses).
• IAH Premium Account: If five or more of your friends who created a free IAH account were referred through your referral link, you will receive 6 months of FREE premium Membership (Superhero status). If ten or more of your friends who created a free IAH account were referred through your referral link, you will receive 12 months of FREE premium Membership (Superhero status).
This ToS Agreement was last revised on 25.09.2017
A Service by:
I AM HERO INC
940 Stewart Drive #316, Sunnyvale, California USA 94085
Email: [email protected]