WyckWyre provides online services (our “ Services “) that help employers ( “Employers” ) find qualified candidates ( “Candidates ”). We will provide You access to the Services so long as our Agreement with You remains in effect, provided that Your use of the Site and Services will at all times be bound by the terms and conditions of this Agreement.
GENERAL TERMS OF SERVICE
The Sections below concern terms of service applicable to both Employers and Candidates. If you are an Employer, additional terms governing your use of the Site are set out later in this document under the heading “Employers Terms of Service”.
General Rules of User Conduct
It is our goal to make the use of our Site and Services a good experience for all of our users, so You agree not to do any of the following:
- Conduct or promote any illegal activities while using the Site or Services;
- Upload, distribute or print anything that may be harmful to minors;
- Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
- Attempt to gain access to secured portions of the Site to which You do not possess access rights;
- Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- Use the Site or Services to generate unsolicited email advertisements or spam;
- Use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services; or
- Impersonate another user.
Rules Regarding Information and other Content
When You use the Site and Services, You obtain access to various kinds of information and materials, all of which we call “Content.” For clarity, Content will include any Blog entries you post. You agree not to post or use any Content in any manner that:
- infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
- violates the privacy, publicity, or other rights of third parties,
- is offensive, harassing, discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined by WyckWyre in its sole discretion;
- is illegal; or
- is false or inaccurate
Though we strive to enforce these rules with all of our users, including Candidates and our other customers, You may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You use the Site and Services at Your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for Your exposure to Content on the Site whether it violates our content policies or not. You understand that the information and opinions in Content uploaded by third parties represent solely the thoughts of the author and is neither endorsed by us nor does it necessarily reflect our belief.
Non-Confidentiality and Security
You understand that information that You submit to us, like customized questions, are submitted precisely for the purpose of public disclosure in a variety of media and channels, and therefore such information is not subject to any confidentiality obligation. Accordingly, confidential information about You or Your organization should not be disclosed. Restaurant Results Inc. will use reasonable efforts to maintain the security and integrity of information You provide to us. However, You acknowledge and agree that Restaurant Results Inc. cannot fully eliminate security risks and cannot guarantee that unauthorized access to Your information will never occur.
If You provide us with any credit card information for payment services though any of our e-commerce offerings, we store such information in an encrypted manner. We have implemented proper controls for and limit access to, and render unreadable prior to discarding, all records containing card account number. We have also taken precautions to ensure that our server and electronic systems are secure from breach or intrusion by unauthorized third parties. Certain information may, however, be disclosed to our third party service providers, such as hosting and credit card processing providers. Our agreements with third party service providers contain security and privacy obligations.
Access to website
We reserve the right to change or discontinue the Site or any of the Services at any time without prior notice.
Disclaimers of Warranty
RESTAURANT RESULTS INC. HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING, THE QUALITY, TRUTH, ACCURACY OR LEGALITY OF THE EXTRA CONTENT POSTED BY EMPLOYERS, CANDIDATES OR OTHERS. THE SITE, SERVICE, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. RESTAURANT RESULTS INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND SYSTEM INTEGRATION. RESTAURANT RESULTS INC. MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, OR THAT PROBLEMS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, SERVICES OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. WE AND OUR AFFILIATES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT PROTECTION OF YOUR DATA NOR GUARANTEE DATA AVAILABILITY WHATSOEVER. YOU BEAR THE SOLE RESPONSIBILITY AND LIABILITY FOR MAINTAINING BACKUP OR ARCHIVE COPIES OF YOUR DATA AND/OR SUBMISSIONS TO THE SITE.
RESTAURANT RESULTS INC. DOES NOT GUARANTEE ANY RESULTS, AND IS NOT RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS. RESTAURANT RESULTS INC. DOES NOT OFFER, AND THE SITE IS NOT INTENDED TO OFFER, ANY ADVICE ON LEGAL ISSUES RELATING TO THE RECRUITING AND HIRING OF ANY CANDIDATE.
Limitations of Liability
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT WILL RESTAURANT RESULTS INC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, NOR LOST PROFITS, ARISING IN CONNECTION WITH THE SITE, SERVICES OR THIS AGREEMENT, INCLUDING, FOR EXAMPLE, DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITIES, OR BUSINESS INTERRUPTIONS, OR RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICE, SITE, OR THE CONTENT.
Restaurant Results Inc. reserves the right, but has no obligation, to monitor, or take any action Restaurant Results Inc. deems appropriate regarding, disputes that You may have with Candidates or other customers of ours. To the extent the law permits, You release us from any claims or liability related to any Content posted on the Site and from claims related to the conduct of any Candidate or other customers of ours.
THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WHOPWYRE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT IS TO DISCONTINUE USING THE SITE AND SERVICES. IN THE EVENT THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, THE AGGREGATE LIABILITY OF WHOPWYRE TO YOU FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) ALL AMOUNTS PAID BY YOU UNDER THIS AGREEMENT WITHIN THE LAST TWELVE (12) MONTHS, AND (B) ONE HUNDRED DOLLARS (U.S. $100.00).
You agree to indemnify us against any damages, liabilities or expenses (such as reasonable attorneys’ fees) that we suffer in connection with Your use of the Service or any Content You post to the Site.
Intellectual Property Issues
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to You under any of those intellectual property rights by virtue of this Agreement. “Restaurant Results” is our trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to You in this Agreement.
As between You and us, You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that You post to the Site. You grant us a non-exclusive, royalty-free, fully paid, worldwide license, under any and all of Your intellectual property rights related to that Content, to the extent necessary for us to provide the Services. You also authorize us to sublicense those rights to our contractors who help us provide the Services.
The communications between You and Restaurant Results Inc. use electronic means, whether You visit the Site or send us emails, or whether Restaurant Results Inc. posts notices on the Service or communicates with You via email. For contractual purposes, You (a) consent to receive communications from Restaurant Results Inc. in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Restaurant Results Inc. provides to You electronically satisfy any legal requirement that such communications would satisfy if it were in a writing. The foregoing does not affect Your non-waivable rights. You may also receive a copy of this Agreement by accessing this Site.
Changes to this Agreement
We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is Your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If You do not agree to any changes, if and when such changes may be made to the Agreement, You must cease use of the Site. Your use of the Site after any modifications to the Agreement indicates that You agree to such modified Agreement.
EMPLOYERS TERMS OF SERVICE
The Sections below relate to the terms of service specifically applicable to Employers. If You are a candidate, the terms governing Your use of the Site are set out in the “General Terms of Service.”
You will need to create an account with Us in order to use the Site. If You choose to create an account with Us, You agree to provide only accurate, complete registration information, and You will keep that information up-to-date if it changes. Your registration must be completed using Your legal name. Each registration is for the use of the single company or organization on whose behalf You access the Site, but the Site may not be used on behalf of more than one person or entity under one user name. Access to the Site is not authorized by any other person or entity using Your registration information and You are responsible for preventing such unauthorized use.
Once You register, you will have created a log-in User ID (a “ User ID ”) and password. With that User ID, you’ll be allowed to assign additional users to access the Site and the Services under Your account. Only those individuals You’ve designated may use or access the Site and the Services on Your behalf.
Individuals and entities who access the Site or use the Services and have previously been terminated by Restaurant Results Inc. may not register for an account, nor may You designate any such individuals to use Your account on Your behalf.
Restaurant Results Inc. relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site using a User ID that you have designated, we will rely on that User ID and will assume that it is really You or Your representative who is accessing the Site. You are solely responsible for any and all access to the Site or use of the Service by persons using Your User ID. Please notify us immediately if You become aware that Your User ID is being used without authorization.
In consideration for the Services to be provided by Restaurant Results Inc., Employer will pay Restaurant Results Inc. for Services in accordance with the established prices and form of payment as outlined on the site and/or stated on your subscription or recruitment order with us. No refunds will be issued for partial periods of Services upon termination or cancellation of Services by either party, or for any other reason, except as noted at time of sale.
Application Content and Website Content
You further understand and agree that You shall solely be responsible for any and all language content used for the Service, and agree that You have sole control over the type, format, and content of any questions asked or statements made while conducting business through the use of Restaurant Results Inc. services. You represent and warrant that you have any rights required for all of the information content provided by you in each library role (i.e., Position Description, General Information, Hard and Soft Skills question sets, and Detailed Qualifier question sets) and such content does not infringe on any property rights of any third party. Restaurant Results Inc. and its third party providers are to be held harmless for any claims that arise for breach of the foregoing or otherwise related to the nature and content of the aforementioned information.
Access to website
We reserve the right to change or discontinue the Site or any of the Services at any time without prior notice.
If You are using the service to post and process an individual job request you will be allowed access for 60 days from the initial date of that posting. The live posting will expire after the first 30 days at which time the Site will no longer accept responses from Candidates. You will have the remaining 30 days to process all applications. At the end of 60 days your access to the site will expires. However, if you desire to have the ability to remain pre-registered for additional postings, you agree to pay an additional monthly access fee as stated in the registration section of the process.
Cancellation by Employer.
If Employer desires to discontinue Services, Employer shall provide notice to Restaurant Results Inc. seven (7) days prior to the requested cancellation date.
Suspension and Cancellation.
Restaurant Results Inc. may suspend Services under this Agreement upon (i) Employer’s failure to pay any amounts invoiced hereunder; or (ii) Restaurant Results Inc.’s determination, in its reasonable discretion, that Employer has used the Services fraudulently, unlawfully or abusively, or (iii) Employer’s credit is denied to Restaurant Results Inc. on any periodic charge when Employer is paying on an automated basis. Employer expressly acknowledges that Restaurant Results Inc. has the right to cancel any and all Services at any time, without prior notice or liability therefore, for conduct which Restaurant Results Inc., in its sole discretion, determines is in violation of this Agreement or is otherwise harmful to Restaurant Results Inc.’s interests or the interests of others. No suspension or cancellation of Services hereunder shall excuse Employer from its payment obligations hereunder.
Neither party shall be considered in default of its obligations hereunder if performance of such obligations is prevented or delayed by acts of God or government, war, terrorism, riots, acts of civil disorder, labor disputes, failure or delay of transportation, or such other causes as are beyond such party’s control (except the payment of money by Employer, which shall not be excused).
All notices given by any party or required under this Agreement shall be in writing and addressed to the relevant party at the addresses and facsimile numbers set forth in public record. Any such notice shall be deemed given when (i) deposited in the United States mail, first class postage prepaid, (ii) sent by facsimile transmission, receipt confirmed, or (iii) sent by email with receipt acknowledged.
Employer shall not assign or otherwise transfer its rights or obligations under this Agreement without the prior written consent of Restaurant Results Inc. Any permitted assignment or transfer hereunder shall not relieve Employer of its obligations under this Agreement.