Terms of Service

Use of Services and TFR Properties

License

The Services and the information, data, images, and other content ("Content") available in connection therewith (each, a "TFR Property" and collectively, the "TFR Properties") are protected by intellectual property, copyright, and other laws. Subject to these Terms, TFR grants you a limited license to access, use, and reproduce portions of TFR Properties solely for your internal, lawful purposes. Unless otherwise specified by TFR in a separate license or agreement, your right to use any TFR Properties is subject to these Terms.

Certain Restrictions

The rights granted to you are subject to the following restrictions. You shall not:

• License, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit TFR Properties or any portion thereof
• Frame or utilize framing techniques to enclose any trademark, logo, or other TFR Properties (including images, text, page layout, or form)
• Use any metatags or other "hidden text" using TFR's name or trademarks
• Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of TFR Properties except as expressly permitted by applicable law
• Use any manual or automated software, devices, or other processes (including spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to "scrape" or download data from any web pages contained in TFR Properties
• Access TFR Properties in order to build a similar or competitive website, application, or service
• Remove or destroy any copyright notices or other proprietary markings contained on or in TFR Properties
• Use TFR Properties in a manner that violates applicable law or the terms of any Third-Party Property

Any future release, update, or other addition to TFR Properties shall be subject to these Terms. TFR, its suppliers, and service providers reserve all rights not granted herein. Any unauthorized use of any TFR Property terminates the licenses granted by TFR.

Registration

Registration Data

In order to access certain features of TFR Properties, you may be required to become a Registered User or submit a registration form. In registering an account, you agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form ("Registration Data"); (b) maintain and promptly update the Registration Data to keep it accurate and complete; and (c) not provide any information belonging to another person with the intent to impersonate that person. You represent that you are at least thirteen (13) years old, have authority to access TFR Properties, and are not barred from using TFR Properties under the laws of the United States or any other applicable jurisdiction.

Your Account

You acknowledge and agree that you shall have no ownership or other property interest in your Account, and that all rights in and to your Account are and shall forever be owned by TFR. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify TFR immediately of any unauthorized use or breach of security. TFR reserves the right to remove or reclaim any usernames at any time and for any reason.

Necessary Equipment and Software

You must provide all equipment and software necessary to connect to TFR Properties, including a suitable device for any mobile components. You are solely responsible for any fees, including Internet connection or mobile fees, incurred when accessing TFR Properties. By providing your cell phone number and using the Services, you consent to our use of your cell phone number for calls and/or texts in order to perform and improve upon the Services. Standard message charges from your wireless carrier may apply. You may opt out of receiving text messages by emailing: legal@tfrecruit.com

Ownership

TFR Properties

You agree that TFR and its suppliers own all rights, title, and interest in TFR Properties. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any TFR Properties. You have no right, title, or interest in or to any Content that appears on or in TFR Properties.

Trademarks

TF Recruit, LLC and all TFR-related graphics, logos, service marks, and trade names used on or in connection with any TFR Properties are the trademarks of TFR and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in TFR Properties are the property of their respective owners.

Feedback

Submission of any ideas, suggestions, documents, or proposals to TFR through its suggestion, feedback, or similar pages ("Feedback") is at your own risk and TFR has no obligations of confidentiality with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to TFR a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, create derivative works of, and otherwise exploit in any manner, any and all Feedback.

Usage Data

TFR will have the right to collect, extract, compile, synthesize, and analyze data or information resulting from your access to and use of the Services. Any such data collected or generated by TFR will be solely owned by TFR and may be used by TFR for any lawful business purpose without a duty of accounting to you. Any personal information collected by TFR may be used in accordance with the Privacy Policy.

User Conduct

As a condition of use, you agree not to use TFR Properties for any purpose that is prohibited by these Terms or applicable law. You shall not (and shall not permit any third party to) take any action on or through TFR Properties that:

• Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any person or entity
• Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane
• Constitutes unauthorized or unsolicited advertising, junk, or bulk email
• Involves commercial activities and/or sales without TFR's prior written consent
• Impersonates any person or entity, including any employee or representative of TFR
• Interferes with or attempts to interfere with the proper functioning of TFR Properties or uses TFR Properties in any way not expressly permitted by these Terms
• Attempts to engage in any potentially harmful acts directed against TFR Properties, including violating any security features, introducing viruses or harmful code, or interfering with use by any other user, host, or network

Investigations

TFR may, but is not obligated to, monitor or review TFR Properties at any time. If TFR becomes aware of any possible violations by you of any provision of these Terms, TFR reserves the right to investigate such violations and may, at its sole discretion, immediately terminate your license to use TFR Properties, in whole or in part, without prior notice.

Third-Party Properties

Links

TFR Properties may contain links to third-party websites, applications, and/or advertisements ("Third-Party Properties"). When you click on a link to a Third-Party Property, you are subject to the terms and conditions of that destination. Such Third-Party Properties are not under the control of TFR.

No Responsibility

TFR is not responsible for any Third-Party Properties. TFR provides these Third-Party Properties only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Properties or any product, data, or service provided in connection therewith. You use all Third-Party Properties at your own risk. When you leave our Services, these Terms no longer govern.

TFR Toolkits

TFR Properties may include applications, integrations, and/or tools that permit connections with or the transfer of data to or from certain Third-Party Properties ("Toolkits"). By using any Toolkit, you expressly authorize TFR to connect to or use such Third-Party Properties and any data transmitted through the Toolkits ("Customer Data"). You represent that you have all necessary permissions and consents for such access. You are responsible and liable for your use of the Toolkits and any use of the Toolkits through your account, whether authorized or unauthorized.

Indemnification

You agree to indemnify and hold TFR, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (collectively, the "TFR Parties") harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) your violation of these Terms; (b) your violation of any rights of another party, including any Registered Users; or (c) your violation of any applicable laws, rules, or regulations.

TFR reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TFR in asserting any available defenses. The provisions in this section will survive any termination of your Account, these Terms, and/or your access to TFR Properties.

Disclaimer of Warranties

To the extent permitted by applicable law, your use of TFR Properties is at your sole risk, and TFR Properties are provided on an "as is" and "as available" basis, with all faults. TFR expressly disclaims all warranties, representations, and conditions of any kind, whether express or implied, including the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement.

TFR Parties make no warranty, representation, or condition that: (1) TFR Properties will meet your requirements; (2) your use of TFR Properties will be uninterrupted, timely, secure, or error-free; (3) the results obtained from use of TFR Properties will be accurate or reliable; or (4) customer data or Third-Party Properties will not be exposed or disclosed through errors or actions of third parties.

No advice or information, whether oral or written, obtained from TFR or through TFR Properties will create any warranty not expressly made herein. From time to time, TFR may offer new "beta" features or tools for experimental purposes without any warranty of any kind; such features may be modified or discontinued at TFR's sole discretion.

Limitation of Liability

Disclaimer of Certain Damages

In no event shall TFR Parties be liable for any loss of profits, revenue, or data, indirect, incidental, special, or consequential damages, or damages or costs due to loss of production or use, business interruption, or procurement of substitute goods or services, whether or not TFR has been advised of the possibility of such damages, arising out of or in connection with these Terms or any communications, interactions, or meetings with other users of TFR Properties.

Cap on Liability

Under no circumstances will TFR Parties be liable to you for more than the greater of (a) the total amount paid to TFR by you during the one-month period prior to the act, omission, or occurrence giving rise to such liability, or (b) the remedy or penalty imposed by the statute under which such claim arises.

Basis of the Bargain

The limitations of damages set forth above are fundamental elements of the basis of the bargain between TFR and you.

Term and Termination

Term

These Terms commence on the date when you accept them and remain in full force and effect while you use TFR Properties, unless terminated earlier in accordance with these Terms. These Terms commenced on the earlier of (a) the date you first used TFR Properties or (b) the date you accepted these Terms.

Termination by TFR

TFR reserves the right to terminate or block any user's access to the Services at any time, with or without cause, without notice. Cause reasons include, but are not limited to: (a) failure to provide timely payment for the Services; (b) material breach of any provision of these Terms; or (c) if TFR is required to do so by law. TFR shall not be liable to you or any third party for any termination of your Account.

Effect of Termination

Termination of any Services includes removal of access and barring of further use. Termination of all Services may include deletion of your password and all related information, files, and Content associated with your Account. All provisions of these Terms which by their nature should survive shall survive termination, including without limitation ownership provisions, warranty disclaimers, and limitation of liability.

International Users

TFR Properties are controlled and offered by TFR from its facilities in the United States of America. TFR makes no representations that TFR Properties are appropriate or available for use in other locations. Those who access or use TFR Properties from other countries do so at their own volition and are responsible for compliance with local law.

General Provisions

Order of Precedence

In the event of any direct conflict between these Terms and any Customer Agreement, the terms of the Customer Agreement shall govern.

Assignment

These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without TFR's prior written consent, and any attempted assignment in violation of the foregoing will be null and void.

Force Majeure

TFR shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Questions, Complaints, Claims

If you have any questions, complaints, or claims with respect to TFR Properties, please contact us at legal@tfrecruit.com. We will do our best to address your concerns.

Governing Law and Venue

These Terms will be governed by and construed in accordance with the laws of the State of Michigan. The venue for any disputes shall be Oakland County, Michigan. The parties hereby agree to waive the following defenses to any action brought in Michigan: forum non conveniens, lack of personal jurisdiction, insufficient process, and insufficient service of process.

Technology Export

You shall not: (a) permit any third party to access or use the TFR Properties in violation of any U.S. law or regulation; or (b) export any TFR Properties from the United States except in compliance with all applicable U.S. laws and regulations.

Notice

Where TFR requires that you provide an email address, you are responsible for providing your most current email address. TFR's dispatch of an email containing any required notice will constitute effective notice. You may give notice to TFR at: TF Recruit LLC, Michigan, United States. Such notice shall be deemed given when received by TFR by nationally recognized overnight delivery service or first class postage prepaid mail.

Waiver

Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Severability

If any portion of these Terms is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

Consumer Complaints

In accordance with California Civil Code §1789.3, California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Entire Agreement

These Terms are the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.

Contact Us

Questions or concerns about these Terms of Service: