Agreement between User and Surehand
Welcome to Surehand. Surehand is an online talent sourcing and recruiting service (the “Service”).
The Service is accessed through the https://surehand.com and https://app.surehand.com websites (“Site” collectively “Sites”), which are comprised of various web pages and software applications owned and operated by Surehand, Inc. (“Surehand”).
The Service is offered to worker and employer users (“User” or “Users”) conditioned on your acceptance, as a User, without modification, of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Service constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference.
Using the Service, visiting the Sites, or sending emails to Surehand, constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use the Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Surehand is not responsible for third party access to your account that results from theft or misappropriation of your account. Surehand and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Surehand does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). Our Site, products, and services are all directed to people who are at least sixteen (16) years old or older. If you are under eighteen (18), you may use the Service only with permission of a parent or guardian.
Account Cancellation/Refund Policy
As a worker User, you may request deletion of your account and removal of your personally-identifiable and non-personal information at any time. Please contact us at firstname.lastname@example.org to request account deletion.
As an employer User, you may cancel your paid subscription at any time prior to your subscription renewal date. Surehand does not issue refunds for subscriptions cancelled during an active subscription term. Following cancellation, you will continue to have paid access to Surehand until the end of your subscription term. Please contact your Surehand sales representative or email@example.com to request cancellation of your Employer subscription.
Links to Third-Party Sites/Third-Party Services
The Sites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Surehand and Surehand is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Surehand is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Surehand of the site or any association with its operators.
Certain products, services, and functionality made available via the Sites are delivered by third-party sites and organizations. By using any product, service or functionality originating from the https://surehand.com domain, you hereby acknowledge and consent that Surehand may share such information and data with any third-party with whom Surehand has a contractual relationship to provide the requested product, service or functionality on behalf of Surehand Users.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Surehand Service and Sites strictly in accordance with these Terms. As a condition of your use of the Sites, you warrant to Surehand that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Sites, is the property of Surehand or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works of, or in any way exploit any of the content, in whole or in part, found on the Site. Surehand content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Surehand and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Surehand or our licensors except as expressly authorized by these Terms.
Surehand respects the intellectual property rights of others. Per the Digital Millennium Copyright Act (“DMCA”), Surehand will respond expeditiously to claims of copyright infringement on the Site if submitted to Surehand’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Surehand will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
If you believe that your intellectual property rights have been violated by Surehand or by a third-party who has uploaded materials to the Site, please provide the following information to the designated Copyright Agent listed below:
Surehand may request additional information before removing any allegedly infringing material. In the event Surehand removes the allegedly infringing materials, Surehand will immediately notify the person responsible for posting such materials that Surehand removed or disabled access to the materials. Surehand may also provide the responsible person with your email address so that the person may respond to your allegations.
Pursuant to 17 U.S.C. 512(c), Surehand, Inc.’s designated Copyright Agent is:
17500 Depot St., Suite 170
Morgan Hill, CA 95037
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with Users or group of Users (collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and without limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another User of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other User from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.
Surehand has no obligation to monitor the Communication Services. However, Surehand reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Surehand reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Surehand reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Surehand’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Surehand does not control or endorse the content, messages or information found in any Communication Service and, therefore, Surehand specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Information Provided to Surehand
Surehand does not claim ownership of the information you provide to Surehand via the Service (including feedback and suggestions) or post, upload, input or submit to any Surehand Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Surehand, our affiliated companies and sublicensees permission to use your Submission in connection with Surehand’s operation of the Service, including, without limitation, the rights to: copy, distribute, transmit, display, reproduce, edit, translate, reformat, and verify accuracy of your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission as provided herein. Surehand is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Surehand’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
“Surehand” and other marks indicated on the Sites are trademarks or service marks of Surehand in the United States and other countries. Graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Surehand. Surehand’s trademarks and trade dress may not be used in connection with any product or service that is not offered or operated by Surehand in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Surehand, the Sites, or the Service. All other trademarks not owned by Surehand that appear on the Sites or Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Surehand. Nothing contained on the Sites should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Surehand or by any third-party.
You may be able to connect your Surehand account to third-party accounts. By connecting your Surehand account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is owned, controlled, operated and administered by Surehand, Inc. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Service or the Sites in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Surehand, Inc., its officers, directors, employees, agents and third-parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Service or Sites, any User postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third-party, or your violation of any applicable laws, rules or regulations. Surehand, Inc. 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 Surehand in asserting any available defenses.
Any dispute, controversy, or claim arising out of, relating to, or having any connection with this Agreement, including any question regarding the validity, interpretation, scope, performance, or enforceability of this dispute resolution provision, that are not resolved by mutual agreement or through mediation will be exclusively and finally settled by arbitration to be conducted by J.A.M.S./Endispute, Inc. before a single arbitrator mutually agreed upon by the parties thereto (the “Parties”), or if the Parties cannot so mutually agree, a single arbitrator appointed by J.A.M.S./Endispute, Inc. The arbitration will be conducted in Santa Clara County, California, unless the Parties agree on another location. The Parties will be entitled to engage in reasonable discovery, including requests for production of relevant non-privileged documents. The arbitrator may order depositions and interrogatories upon a showing of need. It is the Parties’ intent that the discovery proceedings be conducted in a cost-effective manner.
All decisions, rulings, and awards will be in accordance with applicable law, will be in writing, and will state the reasons upon which it is based. The arbitrator will have no power to modify or abridge the terms of this Agreement. The award of the arbitrator will be final, and judgment on the award may be entered by any court having jurisdiction to do so.
Each Party agrees to pay its own attorney’s fees and one-half the costs of the arbitrator and to bear joint and equal responsibility for all fees payable to J.A.M.S./Endispute, Inc. with respect to any arbitration initiated hereunder and awards provided, produced, or exchanged pursuant to arbitration conducted under this paragraph.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Surehand, Inc. agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
The Surehand Site and Service comprise, in part, a platform for workers to post their résumés and qualifications, and for employers to search, evaluate, and contact such job candidates. Surehand is not involved in or responsible for, makes no representations regarding, and shall have no liability in connection with: any hiring decisions or other transactions between employers and workers; the quality, safety, or legality of any jobs offered or obtained via the Site or Service; or the fitness, skills, qualifications, or performance of any particular worker at any time, whether prior to or during any actual employment that may result from use of the Site or Service.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SUREHAND, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SUREHAND, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SUREHAND, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Surehand reserves the right, in its sole discretion, to terminate your access to the Service and the related Sites or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in Santa Clara County, California in all disputes arising out of or relating to the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Surehand as a result of this agreement or your use of the Service and Sites. Surehand’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Surehand’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service and Sites or information provided to or gathered by Surehand with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and Surehand with respect to the Service and the Sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Surehand with respect to the Service and the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
Surehand reserves the right, in its sole discretion, to change the Terms under which the Service is offered and accessed via the Sites. The most current version of the Terms will supersede all previous versions. Surehand encourages you to periodically review the Terms to stay informed of our updates.
Surehand welcomes your questions or comments regarding these Terms:
17500 Depot Street, Suite 170
Morgan Hill, California 95037
Surehand Terms and Conditions, version 1.1. Effective as of July 29, 2019.