Introduction
Affintus, LLC ("Affintus") provides a job matching service for employers and job applicants, available on the Affintus web site ("Web Site"), subject to the following acceptable use policy (the "Policy"). The Policy defines acceptable practices relating to the use of the Affintus Job Matching services (the "Service") by customers of Affintus ("Customers"), as well as by Customers' employees and agents. The Policy also applies to job applicants ("Applicants") who are directed to the Affintus web site to complete the affini-T questionnaire. Applicants may complete the affini-T Questionnaire in order to be considered for a particular posted job or to be considered for job posted in the future by Customers of Affintus. As used in this Policy, "Users" is intended to include Applicants, Customers and Customers' employees and agents, and "you" refers to Customers, Users and Applicants.
By using the Service, you acknowledge that you are responsible for compliance with the Policy. As a Customer, you are responsible for violations of this Policy by any User that accesses the Services through your account.
We may edit or remove content that we deem to be in violation of the Policy or that we otherwise deem unlawful, harmful or offensive. The Policy applies to all aspects of the Service.
Rights of Affintus
Modification of Policy
Affintus reserves the right to modify this Policy at any time without notice, which modifications will be effective immediately. We will attempt to notify Customers of any such modifications either via email or by posting a revised version of the Policy on our Web Site. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the Policy at the Web Site (available at www.affintus.com).
Suspension or Termination of Service
If Users engage in conduct or a pattern of conduct, including without limitation repeated violations of the Policy, Affintus reserves the right to suspend and/or terminate the Service to the User or suspend and/or terminate the User's access to the Service. This includes the right by Affintus to terminate the agreement with the Customer for repeated violations by Users affiliated with a Customer and the right to suspend an Applicant's right to complete the affini-T Questionnaire or to be considered for matching with posted jobs or future jobs.
Affintus will generally attempt to notify you of any activity in violation of the Policy and request that the User cease such activity; however, in egregious cases, Affintus reserves the right to suspend or terminate your Service or the User's access to the Service without notification. In addition, we may take any other appropriate action against you or a User for violations of the Policy. Affintus reserves the right to avail itself of the safe harbor provisions of the Digital Millennium Copyright Act. Affintus does not make any promise, nor do we have any obligation, to monitor or police activity occurring using the Service and will have no liability to any party, including you, for any violation of the Policy.
Passwords
Passwords to Customers and Applicants are either selected by Customers or assigned by Affintus and should not be given to any other person (other than other authorized Users, if for a Customer), either temporarily or permanently. Customers and Applicants are responsible for safeguarding the confidentiality of your passwords. Affintus reserves the right to override any employee-selected passwords and/or codes. In the case where a User does provide another person access to the Customer's account, the Customer will be responsible for the actions of the individual using its account. Passwords should not be stored in computer data files, on the network, or be displayed openly at any workstation. You agree to notify Affintus immediately should you become aware of any unauthorized use of your password(s) or account.
Communication Guidelines
Acceptable communications between Customers and Applicants is restricted to contacts regarding jobs currently posted by Customer. You may not use the Services to mine information about Applicants or to collect resumes for unspecified future positions.
You may not use the Service or the Web Site to send any communication to others seeking to solicit professional services or to transmit unsolicited commercial email messages or deliberately send excessively large attachments to one recipient. Any unsolicited commercial email messages or a series of unsolicited commercial email messages or large attachments sent to one recipient is prohibited. In addition, "spamming" or "mailbombing" is prohibited. You may not use the Service to collect responses from mass unsolicited email messages. Affintus may in its sole discretion rely upon information obtained from anti-spamming organizations (including for example and without limitation spamhaus.org, spamcop.net, sorbs.net, and abuse.net) as evidence that a User is an active "spam operation" for purposes of taking remedial action under this Policy.
You will not post any content on the Web Site that contains any links to sites that may be competitive to Affintus.
In communicating with others on the Web Site, you shall not impersonate another person or provide false, misleading or inaccurate information about you or your company.
You shall not intentionally or negligently post false data on the Web Site, for instance in the form of bad routing information.
You may not attempt to send email messages or transmit any electronic communications using a name or address of someone other than you for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge or otherwise falsify your identity in connection with use of the Service is prohibited.
Job Posting Guidelines
Certain content is prohibited on the Web Site, in job postings or descriptions, in the description of suitable candidates for current jobs, or in responses to the affini-T Questionnaire. This includes the following:
- content that is implicitly or explicitly offensive, such as content that engages, supports or promotes racism, bigotry, discrimination against any protected class, hatred or disapproval of any kind against any group or individual;
- any content that is intended to or tends to harass, demean or intimidate any group or individuals;
- any content that promotes or supports a particular political platform, religion, cult or sect;
- any content that falsely misrepresents affiliation, connection or association with any other person or group;
- any content that promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or
- any content that is defamatory, libelous or false and misleading in any way concerning other employers or jobs posted with other employers;
- content that contains misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise any information;
- Any content that could be deemed to violate the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
Cooperation with Investigations
You agree and understand that Affintus will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity. Affintus reserves the right to disclose your User information if Affintus believes that it is required to do so by law or if Affintus believes that disclosure is required to comply with the law, with a request from law enforcement agencies, or pursuit to legal process.
Responsibility for Information posted by Users
You assume all responsibility for all information, descriptions, responses, criteria and other content which you post or include in content posted on the Service. This includes all descriptions of posted jobs, criteria for employment, qualifications for candidates, responses to the affini-T Questionnaire and any other information provided by you.
Anonymous Information for Research
By using the Service, you agree to allow Affintus to anonymously use the information form you and your experiences through the Service to continue Affintus' research and development of the affini-T Questionnaire and its job matching services, as well as to improve the Service. Any information collected will be on an aggregate basis, and no personally identifiable information will be gathered or used for such research and development.
Unauthorized use of Personally Identifiable Information
You will not post or publish or use the Service to publish any personal or identifying information about another person without that person's explicit consent.
You will not attempt to gain unauthorized access to the Affintus Service or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Web Site.
Illegal Activity
The Service shall not be used for any unlawful activities or in connection with any criminal or civil violation and the Services shall in all cases be used in compliance with applicable law. Use of the Service for transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory or otherwise unlawful.
Complaints
In most cases, we will notify our Customers of complaints received by us regarding an alleged violation of this Policy. You agree to promptly investigate all such complaints and take all necessary actions to remedy any violations of this Policy. We may inform the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. If you are a Customer, you shall identify an individual representative for the purposes of receiving such communications.
Privacy
Because the Internet is an inherently open and insecure means of communication, any data or information you transmit over the Internet may be susceptible to interception and alteration. Subject to our Online Privacy Policy, we make no guarantee regarding, and assume no liability for, the security and integrity of any data or information you transmit via the Service or over the Internet, including any data or information transmitted via any server designated as "secure."
Claims of Copyright Infringement
Please click here for information relating to the Interim Designation of Agent to Receive Notification of Claimed Infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C., Section 512(c).