Applicant Terms and Conditions

This Applicant Agreement (the “Agreement”) is a legal agreement between you, as an Applicant wishing to use the hireCNC platform, (“you”) and hireCNC Inc. (“hireCNC”) respecting Applicant’s use of hireCNC services as described herein and on hireCNC’s website. BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON BELOW, OR BY OTHERWISE USING HIRECNC’S SERVICES OR THE PLATFORM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you have any questions or concerns about the terms of this Agreement, please contact us at jobs@hirecnc.com.

DEFINITIONS

“Applicant” means a person utilizing the Platform for the purposes of offering skills or services to Employers relating to potential employment or contract work performed by such person for one or more Employers.
“Application” means any content that you post on or through the Platform responding to specific Job Postings or otherwise applying for employment or contracts with Employers through the Platform, including any electronic communications made directly with any Employer, in accordance with the terms and conditions of this Agreement.
“Employers” shall mean entities (whether individuals, companies or groups) who access Applicant profiles and other content available on the Platform, with a view to potentially employing or contracting with Applicants, facilitated by communications made through the Platform.
“Job Posting” shall mean any job posting posted by a Employer on the Platform requesting Applicants for specific employment positions or projects and setting forth parameters for such positions or projects and/or the acceptance of Applicants, to which Applicants may apply through the Platform.
“Resume” means the content that you post on the Platform related to your identity, skills and services on offer as an Applicant, in accordance with the terms and conditions of this Agreement.
“Intellectual Property” means any material conceived or produced in the furtherance of a Party’s interest and business or in which a Party otherwise has a proprietary interest, and shall include, without limitation, in relation to the Applicant, the Application and Resume, and in relation to hireCNC, the Platform, and all information obtained through hireCNC relating to Employers and opportunities.
“Intellectual Property Rights” means all copyrights, patents, trademarks, industrial designs, trade secrets and any other proprietary rights associated with Intellectual Property.
“Party” means each of you and hireCNC, and “Parties” means you and hireCNC collectively.
“Platform” means the hireCNC software platform and website through which Applicants post Applications and Resumes, and Employers post Job Postings, and through which both Applicants and Employers access hireCNC services, including the ability to communicate with each other.

SCOPE

Through the Platform, hireCNC enables: (a) Applicants to post and provide Applications and Resumes on the Platform for the purposes of offering Applicant services to Employers, and (b) Employers to post Job Postings through the Platform for the purposes of requesting Applicants to provide Applicant services in relation to specific employment positions or projects. These hireCNC services are provided subject to the terms and conditions of this Agreement.
You must:
provide up-to-date, complete and accurate registration information, including your first and last name, your address, your phone number, your age (must be over 18), and your valid email address, and your Access Information, as described in Section 2.3 below;
provide up-to-date, complete and accurate information in your Application and Resume;
provide up-to-date, complete and accurate account information for hireCNC’s preferred payment processor that is valid and legally registered to you; and
be at all times in compliance with the terms and conditions of this Agreement and applicable law.
You specifically agree that hireCNC may rely on the accuracy of the information provided by you to hireCNC, and that hireCNC will have no liability whatsoever, whether to you or to any third party, for any claims or damages resulting from inaccurate information provided to hireCNC. You agree to promptly remove any information in your Application and Resume that is inaccurate or outdated from the Platform.
hireCNC provides you with the ability to create a user ID and password (the “Access Information”). The Access Information is provided on the understanding that it is personal to you; you will not permit anyone other than you to obtain access to the Platform using the Access Information. hireCNC is not responsible or liable in any way for any use of the Platform (authorized or unauthorized) by anyone accessing the Platform using your Access Information, and you accept all responsibility for such use of the Platform, including any consequences resulting from use thereof.
All information about Applications and Resumes is posted by Applicants, and all information about Job Postings are posted by Employers, and hireCNC does not control such content. hireCNC is not responsible or in any way liable for their contents, including without limitation their accuracy, reliability, copyright compliance, legality, decency, or any other aspect of their content. All content is provided on an “AS IS” basis, and although hireCNC will make reasonable attempts to respond to content complaints in a timely manner, hireCNC makes no warranties or guarantees whatsoever respecting its action or inaction in relation to any specific content, including any Applicant content or Job Posting. Notwithstanding the foregoing, hireCNC may require that you input a certain minimum level of information in relation to your registration with hireCNC, in order to verify that you are an actual person, a valid user of the Platform, and have the ability to perform your obligations under this Agreement. Such information will be kept confidential and secure by hireCNC in accordance with Section 10 herein, provided however that you may choose to share some of such information to Employers or other Applicants (as applicable) in your use of the Platform, including in your posting of Applications and Resumes or any response that you may make in relation to a Job Posting.
You acknowledge that the relationship between hireCNC, Applicants and Employers is that of independent contractors; nothing in this Agreement shall imply that the Applicants or Employers are hireCNC employees or agents, nor that hireCNC has any responsibility to assess, investigate or evaluate any individual Applicants or Employers. hireCNC expressly disclaims any representation that it has any supervision, control or direction over Applicants or Employers, or that it can guarantee anything on behalf of the Applicants or Employers, including without limitation, their background, the quality of any Job Postings, Applications or Resumes, the suitability for any party’s needs, or any other qualification. hireCNC’s sole responsibility under this Agreement is to provide Job Postings, Applications and Resumes through the Platform, enable Applicants to contact Employers and vice versa, and make reasonable efforts to facilitate communications between Applicants and Employers (including in the event of any dispute. ALL ACTS UNDERTAKEN BY YOU PURSUANT TO THE PLATFORM, JOB POSTINGS AND OTHER HIRECNC SERVICES IS AT YOUR OWN RISK, AND ALL GUARANTEES AND REPRESENTATIONS MADE BY EMPLOYERS OR APPLICANTS ARE THEIR RESPONSIBILITY, NOT ENDORSED BY HIRECNC.
The Platform is designed to allow Applicants to post Applications and Resumes, Employers to post Job Postings, and users to post comments and engage in other communications with each other. As such, any posts, comments, suggestions for improvement, or other messages, either provided to hireCNC directly for publication or by publicly posting through the Platform (each, a "Submission"), is considered non-confidential and may be disseminated or used by hireCNC for the purposes set forth in Section 2.1; however, you acknowledge that hireCNC does not have control over third parties that view Submissions through the Platform, or their use or dissemination of any such Submissions. All Submissions made by you are solely your responsibility, and it is your responsibility to ensure that your Submissions do not contain personal or private information, as defined by applicable law, either belonging to you or to any other third party, unless the person owning the personal or private information has provided their specific consent to such use. hireCNC has no liability whatsoever related to any Submission made or accessed by you. Notwithstanding the foregoing, hireCNC reserves the right to remove any Submission from the Platform if such Submission violates this Agreement or any other written policy or terms of use published by hireCNC from time to time, or is otherwise objectionable, as determined by hireCNC, in its sole discretion. For greater certainty, information transmitted through direct messaging on the Platform, or personal information that is not made publicly available on or through the Platform shall remain subject to confidential treatment by hireCNC.
It is your responsibility to evaluate the accuracy, completeness or usefulness of any content available through the Platform, or obtained from a third party linked site, and it is solely your responsibility to provide any Employer with any pertinent information relating to your Applications and Resumes or their Employer Request, whether through the Platform or otherwise. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third party website accessed through the Platform and/or any other agreements entered into between you and such third party (including Employers). hireCNC is only providing the Platform through which Applicants and Employers communicate, and is not responsible for: (a) any delays or cancellations, (b) unsuccessful Job Postings or failure of Applicant to obtain employment or other positions, (c) issues between Applicants and Employers, (d) issues with your mobile device, the Internet, or your ISP, or (f) any agreements made between Applicants and Employers, including in relation to Job Postings.
hireCNC reserves the right to change, limit, suspend or discontinue the Platform at any time, including the availability of any feature or content, access to the Platform, or any promotion offered by hireCNC.

GRANT OF DISTRIBUTION RIGHT AND APPLICANT OBLIGATIONS

Subject to the terms and conditions of this Agreement, you hereby grant to hireCNC, during the Term of this Agreement, the following rights on a personal, non-exclusive, royalty free, and fully paid up basis: to use, copy, reproduce, transmit, broadcast, publish, display, maintain, modify, and enhance, the Applications and Resumes or any part thereof for the purposes of incorporating the Applications and Resumes into the Platform and for the purposes of distributing and providing access to the Applications and Resumes to Employers.
All Applications and Resumes will be delivered to hireCNC in accordance with hireCNC’s standard submission policies (which may include format and content requirements), as may be amended from time to time by hireCNC.
You warrant that:
The content in the Applications and Resumes is true, accurate, current and complete;
You have the absolute right to provide the licenses in and to the Applications and Resumes contemplated in this Agreement;
You have the necessary knowledge, experience and skills to perform the services that you offer through the Applications and Resumes;
In using the Platform, you will behave at all times in a competent and professional manner and in accordance with industry “best practices”;
You will be solely responsible for all activities you undertake with respect to responding to Job Postings;
You will not use your contact with Employers for any commercial purposes other than to apply for employment or contracts pursuant to Job Postings, or for the benefit of any third party;
You will not in any way use the Platform to transmit harassing, abusive, libelous, illegal or deceptive messages or information, or to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts, including any infringement of intellectual property rights, any fraudulent, obscene or pornographic activities, any deceptive impersonation, any activities involving the exploitation of children, or any activities that violate any third party’s privacy rights or applicable law;
The performance of this Agreement shall not breach any other agreement entered into by you;
The content that you provide through the Platform or to Employers will not infringe any proprietary or intellectual property rights of any third party;
You have obtained all consents and permissions necessary from any third party in relation to any photographs, videos, or other likenesses or personal content that may be present in the Applications and Resumes, permitting you to use such materials in conjunction with the Platform and for the purposes herein; and
You shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, provincial, state, municipal and local governing bodies, of any country having jurisdiction over you, your Applications and Resumes and/or services you provide to Employers, or any part thereof, including without limitation any privacy laws and any laws and regulations designed to protect minors.
You acknowledge that hireCNC may independently obtain content from third parties, including from other Applicants (“Third Party Content”), that may be similar to your Applications and Resumes or other content provided by you. You agree that use of the Third Party Content by hireCNC or Employers will not constitute infringement of your intellectual property or a breach of this Agreement, and that hireCNC shall have no liability whatsoever for any damages resulting from the similarity of Third Party Content to your Applications and Resumes or content, or for any hiring or contracting decisions made by Employers relating to your content or Third Party Content. hireCNC’s sole responsibility with respect to any conflict between Third Party Content and your Applications and Resumes or other content shall be to comply with any legal orders obtained by you or the applicable Applicant or other third party pertaining thereto.
In the event that hireCNC receives any queries, comments or complaints respecting your Applications and Resumes, or about you, hireCNC shall be entitled to direct all such queries, comments or complaints to you for direct response or may contact you to obtain such required information at your expense.

HIRECNC OBLIGATIONS

In making the Applications and Resumes on the Platform, hireCNC shall:
not engage in deceptive, misleading, illegal or unethical practices that might reasonably be detrimental to Applicants;
not make any representations, warranties or guarantees about Applicants, or any Applications and Resumes, unless expressly authorized in writing by such Applicant;
comply with all applicable federal, state, provincial and local laws and regulations.
You acknowledge that hireCNC, in its absolute discretion and without notice, may remove the Applications and Resumes from its Platform, including where required to comply with applicable laws, or to maintain the integrity of the hireCNC services.

CONFIDENTIAL INFORMATION AND PRIVACY

You acknowledge that, during the course of this Agreement, you may be exposed to confidential information of hireCNC, other Applicants and Employers, including the identity of Employers first obtained through hireCNC and the content of any Job Postings (the “Confidential Information”). You agree that at all times during the term of this Agreement and at all times following termination of this Agreement, whether voluntary or involuntary:
1. you shall maintain all Confidential Information in strict confidence, shall take all necessary precautions against unauthorized disclosure of such Confidential Information, and shall not directly or indirectly, disclose, allow access to, transmit or transfer such Confidential Information to a third party without the knowledge and express written consent of hireCNC and the applicable Employers or other Applicants;
2. you shall not use or reproduce the Confidential Information except as reasonably required in using the Platform in accordance with the terms of this Agreement, including responding to Job Postings, and you expressly acknowledge and agree that any contact information or other personal information provided to or accessible by you in the course of using or accessing the Platform (including with respect to any specific Job Postings or other Applicant profiles) is to be considered the personal information of the user to whom it belongs, is to be kept confidential by you, and is to be used by you only for the purposes specified by such user; and
3. you agree to advise hireCNC immediately in writing of any misappropriation, disclosure, conversion or misuse by any person of any Confidential Information.
You agree that upon the earlier of a request by hireCNC or the termination of this Agreement by either Party for any reason, you shall, except to the extent reasonably necessary to fulfill any commitments that you have made to Employers, immediately: (i) stop using all Confidential Information then in your possession; (ii) permanently delete all such Confidential Information residing in any computer memory or data storage apparatus; and (iii) destroy or return all such Confidential Information in tangible form and all copies thereof.
You specifically acknowledge and agree that damages may not be an adequate remedy to compensate for any breach of the confidentiality obligations contained herein, and accordingly agrees that in addition to any and all other remedies available, hireCNC and/or Employers shall be entitled to obtain relief by way of a temporary or permanent injunction to enforce these obligations.
Your personal information will be handled in accordance with hireCNC’s Privacy Policy. To view hireCNC’s Privacy Policy, please visit the following URL: https://hirecnc.com/privacy-policy. Notwithstanding the foregoing, hireCNC reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Notwithstanding the terms of Section 10.4, by submitting personal information as part of the Applications and Resumes, including without limitation your name and e-mail address and any other information that could be considered personal information, you consent to the collection, processing, transmission and disclosure of such information by hireCNC for the purposes of hireCNC’s provision of the hireCNC services of connecting Applicants and Employers through the Platform, and acknowledge that such information will be accessible by other users of the Platform.

INTELLECTUAL PROPERTY

You acknowledge that the Platform is owned by hireCNC, who retains all right, title and interest therein, and is protected by Canadian, U.S. and international copyright laws. You do not acquire any intellectual property or other proprietary rights under this Agreement relating to the Platform, services provided by hireCNC, or any part thereof. Your only rights to the Platform, hireCNC services and any part thereof shall be those rights expressly licensed or granted to you under this Agreement. Nothing herein grants you any right to use any of hireCNC’s trade names, trade marks, service marks, logos, domain names, and/or other distinctive brand features. Any rights not expressly granted under this Agreement are reserved.
Except as expressly set forth in this Agreement, nothing herein shall be deemed to transfer ownership, right, title or interest in or to any Intellectual Property or any Intellectual Property Rights from one Party to the other. Except as expressly set forth herein, neither Party shall use the other Party’s trademarks or any other Intellectual Property in any way without express prior written permission, except that hireCNC has the right to use any Applications and Resumes (including any copyrighted or trademarked material therein) submitted by the Applicant, consistent with the services provided by hireCNC. Any rights not expressly granted under this Agreement are reserved.
For greater certainty, all intellectual property rights in third party content accessible through the Platform, including, without limitation, any Job Postings, are the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such content. You understand that you are not, by this Agreement, granted any commercial, sale, resale, reproduction, distribution or promotional use rights for or to any such third party content. Additionally, the unauthorized reproduction or distribution of such third party content is prohibited by applicable law.

WARRANTIES

Each Party warrants that:
1. It has the full power to enter into this Agreement and to perform its obligations hereunder;
2. It will observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, provincial, state, municipal and local governing bodies, of any country having jurisdiction over this Agreement or any part thereof (including any employment laws applicable to the Applications and Resumes); and
3. It will not enter into any third-party agreements or grant any rights or licenses that conflict with those contemplated by this Agreement.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, AND SUBJECT TO APPLICABLE LAW, NEITHER PARTY MAKES ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR COVENANTS, EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR TITLE). Some jurisdictions do not allow limitation or exclusions of certain types of damages and/or of implied conditions or warranties. The limitations, exclusions, and disclaimers set forth in this Agreement shall not apply only if and to the extent that the laws of a competent jurisdiction requires liabilities beyond and despite these limitations, exclusions, and disclaimers.
UNDER NO CIRCUMSTANCES WILL HIRECNC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH USE OF THE PLATFORM. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, INCLUDING WITHOUT LIMITATION FROM EMPLOYERS, AND USE OF THE PLATFORM AND HIRECNC SERVICES IS SOLELY AT YOUR OWN RISK. hireCNC has no special relationship with or fiduciary duty to you, and you acknowledge that hireCNC has no control over, and no duty to take any action regarding any acts or omissions taken by you or any other user of the Platform, including without limitation: (a) which Applicants or Employers use the Platform, (b) what content you or other users post on, or send through, the Platform, (c) how you or any other user may interpret or use any content posted on or sent through the Platform, or (d) what actions you or any third party may take as a result of use of the Platform by you or any other user. hireCNC makes no representations or warranties whatsoever concerning any data available through the Platform, and hireCNC will not be responsible or liable for in any way for any such data, including its accuracy, quality or reliability (whether in individual or aggregate form), or the timeliness or currency of any data obtained through the Platform. You are solely responsible for evaluating whether the data obtainable through the Platform suits your needs.

INDEMNITY

You agree to defend and indemnify hireCNC, its officers, employees, directors, other Applicants, Employers, investors, shareholders and permitted assigns (the “Indemnified Parties”) against any damages, injuries, claims, demands, actions, liabilities, costs and expenses (including reasonable lawyers fees and disbursements), judgments awarded by a court of competent jurisdiction, and any settlements agreed to by you, related to: (a) a claim that use of or distribution of your Applications and Resumes in accordance with this Agreement either infringes or misappropriates any patents, copyrights, trade marks, trade names, trade secrets or other intellectual property or proprietary rights, (b) your breach of any warranty or representation under this Agreement, or (c) your negligence or misconduct. You shall not be obligated to indemnify the Indemnified Parties to the limited extent that a claim is proximately caused by the negligence, wilful misconduct, breach of contract, or violation of applicable laws of such Indemnified Parties. For greater certainty, you shall be solely responsible for any claims relating to your Applications and Resumes, and hireCNC shall not have any liability whatsoever for any claims or damages arising from your Applications and Resumes, including any relationship that you may develop or have with Employers.

LIMITATION OF LIABILITY

The only type of damages that can be recovered against hireCNC arising from or related to this Agreement shall be your direct damages, if any, arising from hireCNC’s gross negligence or wilful misconduct. In no event shall the aggregate liability of hireCNC exceed $500. HIRECNC SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY PARTY CLAIMING BY OR THROUGH YOU FOR THE ACCURACY, TIMELINESS OR CONTINUED AVAILABILITY OF THE PLATFORM. Without limiting the foregoing, your only right with respect to any problems or dissatisfaction with the Platform is to cease use of the Platform.
EXCEPT FOR THE LIMITED DIRECT DAMAGES SPECIFIED ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HIRECNC BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL OR PUNITIVE DAMAGES, OR OTHER PECUNIARY LOSS ARISING OUT OF OR RELATED TO THIS AGREEMENT) WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE THE PLATFORM OR SERVICES, EVEN IF HIRECNC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMISSIBLE BY SUCH JURISDICTIONS.

TERMINATION

Either Party shall be entitled to terminate this Agreement for convenience upon thirty (30) days prior written notice to the other Party.
This Agreement may be terminated immediately upon notice for cause if:
1. either Party commits a material breach of this Agreement, or consistently fails to properly perform and observe its obligations under this Agreement, and fails to rectify the situation within thirty (30) calendar days of the non-breaching party delivering notice of the breach or consistent failure to perform; or
2. either Party becomes insolvent, or a receiver or receiver-manager is appointed for any part of the property of such party, or such party makes an assignment, proposal or arrangement for the benefit of its creditors or such party files an assignment in bankruptcy, or any proceedings under any bankruptcy or insolvency laws are commenced against such Party.
Notwithstanding the foregoing, hireCNC reserves the right, in its sole and complete discretion, to issue a warning, temporarily suspend, indefinitely suspend or terminate your account or your use of the Platform, and/or remove your Applications and Resumes on the Platform at any time if: (a) you breach this Agreement or the documents it incorporates by reference; (b) hireCNC is unable to verify or authenticate any information you provide; or (c) hireCNC believes that your actions may cause financial loss or legal liability for Employers, other Applicants using hireCNC’s services, other third parties, or hireCNC. Without limiting other remedies, hireCNC may limit your access to the Platform and/or warn other Applicants, Employers and other affected third parties of your actions where warranted.
Upon termination of this Agreement, hireCNC will remove your Application and Resumes from the Platform in a timely manner. Termination of this Agreement shall not affect any commitments that you have made to Employers through the Platform prior to termination, and you agree to continue to be bound to any such commitments.
Any provision of this Agreement which expressly states that it is to continue in effect after termination or expiration of this Agreement, or which by its nature would survive the termination or expiration of this Agreement, shall do so.
hireCNC reserves the right to investigate suspected violations of this Agreement. You hereby authorize h