Recruiting Terms of Service

TERMS OF SERVICE FOR REDcareers

REDcareers (hereby referred to as “RC”) is a product of Wright Brothers, Inc. (hereby referred to as “WBI”), a corporation in California that provides marketing services. Specifically, the RC product provided, as it relates to this Agreement, are websites and recruiting services (hereby referred to as “WEBSITE”) as described on www.redcareers.com WBI makes their products and services available to clients (hereby referred to as “CLIENT”) subject to the following Terms of Service (hereby referred to as “TOS”), which may be updated by WBI from time to time without notice. You can review the most current version of the TOS anytime by visiting http://redcareers.com/tos.

SCOPE OF USE

  1. All content on WEBSITE, including but not limited to text, graphics, photos, logos, or videos, that is provided by WBI may not be modified, copied, reproduced, published, licensed, transferred, framed in another web page, used on any other website, or sold without expressed written consent from WBI. All content on WEBSITE may be used only for non-commercial purposes.
  2. All content on WEBSITE, including but not limited to text, graphics, photos, logos, or videos, that are taken, created, or provided by WBI is the property of RC. They may be used for non-commercial purposes, provided you are an active subscriber.
  3. CLIENT may not impersonate any person or entity or otherwise misrepresent CLIENT’s affiliation with a person or entity.
  4. CLIENT may not request that WBI add, or otherwise make available on WEBSITE any content that CLIENT does not have the right to make available.

LIMITATION OF LIABILITY

  1. All content on WEBSITE, including but not limited to text, graphics, photos, logos, or videos, that is provided by WBI is deemed reliable but is not guaranteed to be accurate. It is the responsibility of CLIENT to make sure all content on WEBSITE is appropriate, accurate, useful, and acceptable.
  2. WBI is largely dependent on third-party providers and does not guarantee that its service will be uninterrupted, timely, error free, or completely secure. This includes, but is not limited to the WEBSITE content and the online advertisements and other efforts to generate leads through the WEBSITE.
  3. WBI does not guarantee that the quality of its products and services will be to CLIENT’s satisfaction, nor does WBI guarantee the effectiveness of RC. Results may vary greatly for each CLIENT.
  4. WBI is not responsible for any damage to CLIENT’s computer system or loss of data that results from any RC processes or materials.
  5. WBI is not responsible for any economic damages or financial losses experienced by CLIENT that occur as a direct or indirect result of RC or any other WBI services.
  6. WBI is not responsible for consequential, indirect and punitive damages and is only liable for actual damages, not to exceed the amount paid for the services by CLIENT to WBI in the preceding 12 months.

GENERAL PRACTICES

  1. WBI may establish limits concerning the use of RC, including but not limited to CLIENT’s subscriber list and email distribution, WEBSITE content, number of requested edits or changes to WEBSITE, and disk space allotted to CLIENT on the RC server.
  2. WBI may monitor the content on WEBSITE and reserves the right to remove or refuse to add any content that violates the TOS or is otherwise inappropriate.
  3. WBI may terminate CLIENT and deactivate WEBSITE with cause. Cause for such termination includes, but is not limited to: (a) breaches or violations of the TOS, (b) misuse of WEBSITE, (c) non-payment of any fees owed by CLIENT that are more than 30 days past due.

TERMS OF SUBSCRIPTION

  1. Upon agreeing to the TOS, CLIENT is entering an agreement to pay a subscription fee for RC, which will be automatically renewed upon expiration unless cancelled at least 24 hours prior to expiration, as outlined in the section CANCELLATION OF SERVICE.
  2. WBI offers a “free 30-day trial” to all new clients prior to CLIENT entering any agreement. This “free 30-day trial” will only be offered one time to each address or office location. If CLIENT chooses to bypass their “free 30-day trial”, they may request their first month of subscription free in it’s place, provided they agree to TOS and begin their paid subscription.
  3. CLIENT’s paid subscription will begin on the day that they agree to TOS, or when their “free 30-day trial” ends, whichever is later (hereby referred to as “TODAY”). CLIENT’s first monthly payment will be TODAY and will be automatically renewed on the same day each month.
  4. A twelve (12) month commitment is required for all paid subscriptions, starting TODAY, unless otherwise agreed to in writing by WBI. A $600 penalty will assessed to CLIENT for failure to fulfill this required commitment or for early termination.
  5. CLIENT’s subscription is not linked to any individual, but rather to the Keller Williams Market Center. If there is personnel turnover within the Market Center, CLIENT is still subject to all subscription fees and terms.
  6. Subscription fees are subject to change at any time. If subscription fees are raised while CLIENT is still in their twelve (12) month commitment period, they will have the option to terminate the agreement without penalty, or continue their subscription with the new monthly fees.
  7. Refunds will not be given for any reason.

CANCELLATION OF SERVICE

  1. At the end of CLIENT’s (12) month commitment, a new (12) month commitment will be automatically initiated, unless a cancellation request is submitted prior to the end of the first commitment. A cancellation request can be submitted by emailing recruiting@wrightbrosinc.com. Once CLIENT’s cancellation request is processed, a cancellation confirmation email will be sent for CLIENT’s records. If CLIENT does not receive a cancellation confirmation email, the subscription has not been cancelled. It is the responsibility of CLIENT to keep this cancellation confirmation email for CLIENT’s records in case a dispute arises.
  2. If CLIENT cancels in the middle of CLIENT’s subscription term, CLIENT’s WEBSITE will remain active until the subscription expires, at which point it will be automatically deactivated. No prorated refunds will be given.
  3. Once WEBSITE is deactivated, CLIENT will no longer be able to access WEBSITE. It is CLIENT’s responsibility to transfer any information prior to WEBSITE being deactivated.

GENERAL PROVISIONS

  1. This Agreement shall be interpreted and enforced in accordance with the internal laws of the State of California. Any action brought to interpret or enforce this Agreement shall be maintained in the courts of Orange County, California. In any action brought to interpret or enforce this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees and costs.
  2. If any provision of the TOS is found to be invalid or unenforceable, the remainder of the TOS shall not be affected and shall remain in full force and effect.

Last modified 8/13/14