hireEZ Chrome Extension License Agreement
Last Updated: August 15, 2023
This hireEZ Chrome Extension License Agreement (“Agreement”) constitutes a legally binding agreement between you (“User”) and HireTeamMate, Inc. dba hireEZ (“HTM”, “hireEZ”, “we”, “our” or “us”) when you add or install hireEZ Chrome Extension (“hireEZ Extension”) to your Google Chrome browser, to provide you with information from hireEZ matching or related to a candidate on a third-party website or system that you are browsing. YOU ACKNOWLEDGE THAT YOUR USE OF HIREEZ EXTENSION IS AUTHORIZED BY YOUR ORGANIZATION. YOU WILL COMPLY WITH THE APPLICABLE POLICIES FROM YOUR ORGANIZATION AND THE RESTRICTIONS SET FORTH BY THE THIRD-PARTY WEBSITE OR SYSTEM, AND HIREEZ HAS NO RESPONSIBILITY FOR YOUR VIOLATION THERETO. This Agreement supersedes any other agreement or understanding with respect to your use of the hireEZ Extension. If you don’t agree with any term in this Agreement, do not install or use the hireEZ Extension. By adding or installing it to your browser, however, you agree to use the hireEZ Extension consistent with the terms of this Agreement. Each time you access or use the hireEZ Extension, you are agreeing to all its terms.
1. SERVICE
In order to use hireEZ Extension, a User must have an active hireEZ user account. If you don’t have a hireEZ user account, you will be required to register a new account at hireez.com. The hireEZ Extension provides Users with additional information from hireEZ matching or related to candidates on third-party websites or systems that you are browsing, including but not limited to contact information and insights that may not be available from the third-party websites or systems, solely for the purpose of assisting your tasks in your hireEZ account or generating relevant information to improve your experience with the hireEZ platform. The hireEZ Extension further allows a User to use certain features through this extension that are otherwise available only within hireEZ platform. After adding or installing the hireEZ Extension, you may manually initiate it or grant it automatic access to certain websites or systems by managing the extension through your Google Chrome web browser. The content, data and other information contained and provided on or through the hireEZ Extension is provided to you at your request. Such content, data or information is believed to be reliable; however, HTM does not warrant its accuracy, timeliness, or completeness. HTM reserves the right to change, restrict access to, suspend, or discontinue any aspect of the hireEZ Extension at any time, including availability of any feature, data, content, or customer support. HTM may also impose limits on certain features and services without notice.
2. GRANT OF LICENSE
If you add or install the hireEZ Extension to your Google Chrome web browser, HTM hereby grants to you a limited, non-exclusive, revocable license (“License”) to install and use the hireEZ Extension solely to identify candidates for possible recruitment and make initial contact with such candidates (“Authorized Purpose”). We may update or otherwise modify the hireEZ Extension from time to time, and therefore may automatically update the hireEZ Extension installed on your device or, if applicable, provide updates, which may contain patches, bug fixes, corrections, enhancements, plug-ins and new versions of the extension (“Update(s)”). You hereby approve and authorize the automatic downloading and installation of such Updates. Your use of the hireEZ Extension, including any Updates, will be governed by and subject to this Agreement. HTM is under no obligation to maintain, support, upgrade or update the hireEZ Extension, and may at any time, in its sole discretion and without prior notice, terminate or suspend your license, and disable the hireEZ Extension installed on your device (as detailed below in the Termination section). In addition, your Google Chrome web browser may periodically check for updates of all of your extensions, including the hireEZ Extension, and such updates shall be governed by your Google Chrome’s privacy policies and terms, which we recommend you review.
3. FEE
Unless specifically written otherwise that your License bears any fees, your access to or use of the hireEZ Extension will be free of charge. However, HTM reserves the right to charge fees at any time in the future by providing you an advance notice, for using the hireEZ Extension and additional services provided to you, including reasonable costs incurred for any assistance to use the services. Such fees may be charged to you by a third-party payment service on behalf of HTM.
4. RESTRICTIONS
You agree to use hireEZ Extension solely for the Authorized Purpose provided in this Agreement. You will create only one hireEZ account to be associated with your hireEZ Extension, subject to HTM’s Terms of Use. Without limiting the foregoing, you shall not:
HTM may provide you with support services, and any supplemental software code provided to you as part of those services shall be considered part of the hireEZ Extension and subject to the terms and conditions of this Agreement.
5. USER DATA
To use the hireEZ Extension, you are required to register a hireEZ account by providing your information including your name and email to HTM. Your data security and confidentiality in hireEZ Extension and on hireez.com are governed by HTM’s Terms of Use with respect to Customer Data. By using hireEZ Extension on your chosen third-party website or system, you understand and agree that HTM through hireEZ Extension may use cookies or other technology to retrieve information from the third-party website or system, including but not limited to, third-party website or system domain information, settings, permissions, your actions thereof, candidate profiles, candidate and project statuses. HTM may use this information to generate derivative content, data, insights or information (collectively “Derivative Information”) to improve your experience with the hireEZ platform, such as by data mapping in your hireEZ account, ensuring data up-to-dateness, reducing duplications, generating insights for you to better understand your candidates, projects, outcome and your actionable items, organizing your candidates, campaigns or workflow, or conducting other activities that may benefit your interactions with the hireEZ platform. The Derivative Information generated through your browsing, searching and other interactions with a third-party website or system will be made available to you and your organization to improve your experience with the hireEZ platform. HTM may further share Derivative Information with other Users and Customers on an aggregated basis without disclosing the identity of you or your organization. Without your permission, the hireEZ Extension does not collect any personal information to enrich the candidate data available on hireez.com or share with HTM’s other Customers.
6. PRIVACY
We respect Users’ privacy and take Users’ privacy rights seriously. We use commercially reasonable efforts to prevent unauthorized access to the data a User shared with us. Our privacy policy, including the type of information we collect, how it is stored, used and shared, and your related rights, are described in hireEZ’s Privacy Policy (“Privacy Policy”). If you intend to access or use the hireEZ Extension, you must first read and confirm your agreement and acceptance of the Privacy Policy, which becomes binding upon you as a condition of your installation or use of the hireEZ Extension.
7. INTELLECTUAL PROPERTY
The hireEZ Extension is the intellectual property of HTM and is protected by copyright, trademark laws and international copyright treaties, as well as other intellectual property laws. Intellectual property includes, without limitation, computer or software code, scripts, design elements, graphics, logos, scripts, button icons, service names, interactive features, artwork, text communication, and any other content that may be found in the hireEZ Extension. HTM’s trademarks and service marks may not, under any circumstances, be used for any commercial purposes or other purposes, by any party other than by HTM or its affiliates, without the express, prior written consent of HTM.
8. THIRD-PARTY WEBSITES, SYSTEMS, AND CONTENT OF THIRD PARTIES
The hireEZ Extension will function through your Google Chrome web browser on certain third-party websites or systems that you have the authorization to access and browse. You acknowledge and agree that HTM is enabled by you and made available to you by your request and for your benefits. HTM is not responsible to you, your organization or any third party for: (i) your violation of the applicable policies or restrictions set forth by your organization with respect to using web browser extension including hireEZ Extension, (ii) your usage of hireEZ Extension and the information you submit, upload or export through hireEZ Extension, (iii) any limitation or restriction set forth by a third-party website or system for any web browser extension including hireEZ Extension, and the functionality of hireEZ Extension as a result of such limitation or restriction, (iv) your violation of a third party’s terms and conditions with respect to the use of a web browser extension on that third party’s website or system, (v) the availability, quality and accuracy of the content, data, or resources from a third-party website or system, or (vi) the availability, quality and accuracy of the content, data, or resources from hireEZ Extension. Unless specified otherwise by HTM, links to third-party websites or systems do not imply any association or business relationship between HTM and those websites or systems. You assume any risks arising from and out of your use of any such third-party websites or systems. You agree to comply with any terms and conditions as well as privacy policies of the third-party websites or services if you choose to use them.
9. TERM AND TERMINATION
This Agreement shall commence on the date you first access the hireEZ Extension and be effective for so long as you access and use the hireEZ Extension, unless earlier terminated in accordance with this Section.
At any time, you may terminate the Agreement and stop using the hireEZ Extension by removing the hireEZ Extension from your Google Chrome web browser or disabling it through your browser’s settings. HTM may terminate this Agreement and your use of hireEZ Extension at any time and for any reason or no reason. In addition to any other remedy available under this Agreement or otherwise, HTM may terminate this Agreement if you breach any material provision of this Agreement. HTM does not assume any responsibility with respect to, or in connection with, the termination of the hireEZ Extension or this Agreement. Upon any termination or deactivation of the hireEZ Extension, you agree to stop using hireEZ Extension and remove it from your web browser and device.
The termination of hireEZ Extension may not impact your hireEZ account. The term and termination of your hireEZ account is governed by HTM’s Terms of Use.
The terms and conditions of this Agreement that by their sense and context are intended to survive termination shall so survive.
10. WARRANTY AND DISCLAIMERS
THE HIREEZ EXTENSION IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, HTM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, NONINFRINGEMENT, QUIET ENJOYMENT AND FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, THE FUNCTIONALITY OR PERFORMANCE OF THE HIREEZ EXTENSION, THE SERVICES OR THE CONTENT (INCLUDING SIMILAR CONTENT) MADE AVAILABLE THROUGH THEM. HTM DOES NOT WARRANT THAT THE HIREEZ EXTENSION WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. HTM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY OPPORTUNITIES, PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY, AND HTM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY INTERACTION OR TRANSACTION BETWEEN YOU AND A THIRD PARTY. HTM WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DELAY, DIFFICULTY IN ACCESS OR USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER MALFUNCTION, DEFECT OR DEFICIENCY IN HIREEZ EXTENSION.
CERTAIN LOCAL, STATE OR OTHER LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN THE EVENT AND TO THE EXTENT THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF THE LIMITATION OR EXCLUSION OF HTM’S LIABILITY IS UNENFORCEABLE UNDER THE APPLICABLE LAW, HTM’S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF $50 OR THE AMOUNT YOU PAID FOR USING THE HIREEZ EXTENSION GIVING RISE TO THE CLAIM.
11. INDEMNIFICATION
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless HTM, its affiliates and subsidiaries, and each of their officers, directors, employees, contractors and agents, from and against any and all claims, damages, obligations, losses, liabilities, settlements, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from or in connection with your use of the hireEZ Extension and your violation of the Agreement or any part of the Agreement. HTM reserves the right to assume the exclusive defense and control of any matter subject to your indemnification and you agree to assist and cooperate with HTM in the defense or settlement of any such matters. You shall not settle any legal matter involving HTM without HTM’s written approval.
12. DISPUTE RESOLUTION
For any dispute you have with HTM, you agree to first contact HTM and attempt to resolve the dispute informally by emailing customer support at support@hireez.com.
If HTM has not been able to resolve a dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with the Agreement or any part of the Agreement by binding arbitration through the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for AAA. The party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to HTM should be sent to 2513 E Charleston Road, Suite 200, Mountain View, CA 94043, Attn: Legal Department. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If HTM and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or HTM may commence an arbitration proceeding. This arbitration agreement will survive the termination of the Agreement.
This Agreement is governed by the internal substantive laws of the State of California, without respect to conflict of laws principles. For any action at law or in equity relating to the arbitration provision of this Agreement will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and HTM consent to personal jurisdiction in those courts.
Any cause of action you might have relating to this Agreement is limited in time to six (6) months from the date the incident arose and will be permanently barred afterwards. HTM’s failure to enforce or exercise any right or provision of the Agreement will not constitute a waiver of such right or provision.
13. WAIVERS OF CLASS ACTION AND TRIAL BY JURY
YOU AND HTM BOTH WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION INVOLVING DISPUTES BETWEEN THE PARTIES. BOTH YOU AND HTM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS HTM AGREES OTHERWISE THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. THIS CLASS ACTION WAIVER IS AN ESSENTIAL PART OF OUR ARBITRATION AGREEMENT AND MAY NOT BE SEVERED. IF FOR ANY REASON THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE, THEN THE ENTIRE ARBITRATION AGREEMENT HEREIN WILL NOT APPLY. HOWEVER, THE WAIVER OF THE RIGHT TO TRIAL BY JURY SET FORTH IN THIS SECTION WILL REMAIN IN FULL FORCE AND EFFECT.
14. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
15. COPYRIGHT POLICY
HTM respects the intellectual property rights of others. We will respond to notices of alleged copyright infringement that comply with applicable laws and are properly provided to us through certified mail or electronic mail (email):
By certified mail:
HireTeamMate, Inc. dba hireEZ
Attn: Legal Department
2513 E. Charleston Road, Suite 200
Mountain View, CA 94043, USA
By email:
legal@hireez.com
16. CONTACT INFORMATION
If you have any questions, feedback or to report a violation of the Agreement, you may email us at legal@hireez.com or contact us by mail at:
HireTeamMate, Inc. dba hireEZ
2513 E Charleston Road, Suite 200
Mountain View, CA 94043
USA