TopRecruiterHR | Terms of Use

Terms of Use

Understand the legal terms and conditions for using TopRecruiterHR’s services effectively

Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Site. By accessing or using the Site, you agree to be bound by these Terms. The use or participation of TopRecruiterHR's Services may also require your acceptance and compliance with additional policies, terms, and conditions. This is a legally binding agreement between you and TopRecruiterHR. If you disagree with any part of the terms, then you should not use our Site or Services.

Account: A unique account created for You to access our Site or parts of our Site.
Company: Refers to TopRecruiterHR, 6216 Baker Road, Suite 100, Minneapolis, MN 55346-1953.
Content: Refers to all information, data, results, ideas, plans, images, texts, files, links, photos, video, sound, patented and non-patented inventions or intellectual property, articles, marketing collateral, feedback, and all other materials.
Country: Refers to the United States.
Services: Refers to TopRecruiterHR products and services provided to You (including the website).
Site: Refers to the TopRecruiterHR website.
Subscriber: Refers to Users who subscribe to targeted and private content.
Terms: Refers to the Terms of Use agreement.
You: Refers to the individual accessing or using the Site, or the company, or other legal entity on behalf of which such individual is accessing or using the Site, as applicable.
Visitor: Refers to Users who access our site, but do not subscribe to our targeted and private content.
Website: Refers to TopRecruiterHR, accessible from https://www.TopRecruiterHR.com.

Display, send, receive, or store obscene or inappropriate content.
Threaten, harass, stalk, defame, or defraud any person or entity.
Violate copyright, trademark, or other intellectual property laws.
Advertise, promote, endorse, or market, directly or indirectly, any third-party commercial products, services, solutions, or other technologies.
Attempt to collect, store, or publish personally identifiable information without the owner’s knowledge and consent or of a minor under the age of 13 in any circumstance.
Distribute unwanted, unsolicited, or harassing mass emails or other messages, promotions, advertising, solicitations, or spam.
Send deceptive or false source-identifying information, including spoofing or phishing.
Access or use any application, system, service, tool, data, account, network, or content without authorization or for unintended purposes.
Disable, disrupt, circumvent, interfere with, or otherwise violate the security of the Site.
Attack, abuse, interfere with, intercept, disrupt, or exploit any users, systems, or services, regardless of how accomplished and notwithstanding anything to the contrary in these Terms, including but not limited to denial of service, monitoring, crawling, spamming, using bots or scripts, or distributing malware (such as viruses, Trojan horses, worms, spyware, or adware).
Engage in or promote any illegal or criminal activity such as child pornography, gambling, or piracy.
Authorize, permit, enable, induce, or encourage any third party to do any of the above.
If you violate these Terms, your access to the Site may be terminated immediately and without notice.

TopRecruiterHR and User agree to protect each other's intellectual property.
All content created by TopRecruiterHR is considered confidential, proprietary, and copyrighted. All rights reserved.
You may post, link to, store, or share Site content for personal use. Outside of these guidelines, they may be subject to copyright infringement laws.
Current clients, employees, vendors, government agencies, and media may link to or share Site content without prior approval.
TopRecruiterHR does not claim any ownership rights to content uploaded to our Site. You grant us a global, royalty-free, sublicensable, perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce, and distribute your User Content at our discretion.
While TopRecruiterHR is not required to remove any abusive or objectionable content (such as pornographic, libelous, defamatory, etc.) that violates our terms, TopRecruiterHR reserves the right to do so at its discretion.
Users may not replicate any of TopRecruiterHR's Services without written permission from TopRecruiterHR's executive management team.
Any public content submitted by the User or a third party remains the intellectual property of the submitter.
You agree that you have permission to post submitted content.
All your content remains your intellectual property to the fullest extent.
We reserve the right to remove any content deemed as a copyright infringement.
Contact us at support@TopRecruiterHR.com if you suspect TopRecruiterHR content infringes on your copyright.

Identify the copyrighted work that you claim has been infringed.
Include the link you claim has been infringed.
Provide your full name, legal name, company name, mailing address, email address, phone number, and electronic signature.
Include the following statement in your DMCA claim: "I hereby state that I have a good-faith belief that the disputed use of copyrighted material in this DMCA Notice is not authorized by the copyright owner, its agent, or the law."
Users must not upload harmful, illegal, or inappropriate content, including content that creates risks of harm or is offensive. TopRecruiterHR reserves the right to access, read, preserve, and disclose any information necessary to enforce terms, comply with laws, or address fraud. TopRecruiterHR disclaims liability for any user content and any resulting losses or third-party claims.
Users retain ownership of their content but grant TopRecruiterHR a non-exclusive, worldwide license to use, copy, reproduce, and distribute content as necessary for providing the service. Users must have the necessary rights to upload their content. With written permission, TopRecruiterHR may use user names and logos for marketing purposes, which can be revoked by the user at any time.
TopRecruiterHR’s liability is limited to the greater of $20 or the amount paid by the user for the service in the past three months. TopRecruiterHR is not liable for indirect, special, incidental, or consequential damages, including loss of data or profits. The service is provided "as is" without warranties, and users assume all risks associated with its use.
Please note that if you wish to make a copyright infringement claim, this is the start of a legal process.

Limitations of Liability – Responsibility for Content Use

TopRecruiterHR does not control or guarantee the accuracy or quality of content posted on the Site. We are not liable for any content-related issues, including errors, omissions, or losses incurred from the use of content. Users must evaluate and assume all risks associated with using the Site and its content.

These Terms are governed by the laws of Minnesota and the United States. Failure to enforce any right or provision of these Terms does not constitute a waiver of those rights. If any part of these Terms is deemed invalid, the remaining provisions will remain in effect. These Terms constitute the entire agreement regarding our Site, superseding any prior agreements.

Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless TopRecruiterHR, its affiliates, employees, contractors, suppliers, and representatives from any claims, liabilities, suits, injuries, demands, obligations, losses, settlements, judgments, damages, fines, penalties, costs, and expenses, including attorney's fees, arising from or related to your data and use of Services.

Users agree to indemnify and hold TopRecruiterHR harmless from any claims arising from their use of the service or violation of terms. This includes liabilities, damages, and expenses related to third-party claims. Users must provide timely notice of any such claims and cooperate with TopRecruiterHR in the defense of claims.

This agreement does not conflict with any other contracts.
We have the rights and permissions to provide the Services.
We do not infringe upon third-party intellectual property rights.
We comply with applicable laws in performing our Services.
Support may change but will not materially degrade during any paid term.

You are responsible for testing our Services for efficacy.
Other than this warranty, we disclaim all other warranties (express, implied, statutory), including merchantability, fitness for a particular purpose, non-infringement, and security.
We do not guarantee specific uptime or performance.
We do not cover issues resulting from accidents, abuse, or non-compliant use of Services.

While TopRecruiterHR takes reasonable physical, technical, and administrative measures to secure the service, We do not guarantee that the Service cannot be compromised. You understand that the Service may not be error-free, and use may be interrupted.
You also understand that your use of the Service does not constitute compliance with any law. You are obligated to comply with any applicable laws to the Service.
We do not accept liability for any virus or malware as a result of visiting this Site or any other website and will not be liable for any claim, loss, damage, costs, or expenses suffered or incurred by the User as a result of the presence of any virus or malware on this Site
The Service operates using APIs and other services provided by third parties. TopRecruiterHR is not responsible for the operation or availability of these third-party services. Users must procure the necessary rights to access these services and comply with their terms. TopRecruiterHR disclaims liability for any data exchange or interaction with third-party services, governed by the respective third party’s terms.

Defense of Claims

If any lawsuit or enforcement action is filed against any party entitled to the benefit of indemnity hereunder, written notice thereof shall be given to the indemnifying party as promptly as practicable (and in any event not less than 15 days prior to any hearing date or other date by which action must be taken); provided that the failure of any indemnified party to give timely notice shall not affect rights to indemnification hereunder except to the extent that the indemnifying party demonstrates actual damage caused by such failure.

After such notice, the indemnifying party shall be entitled, if it so elects, to take control of the defense and investigation of such lawsuit or action and to employ and engage attorneys of its own choice to handle and defend the same, at the indemnifying party's cost, risk, and expense; and such indemnified party shall cooperate in all reasonable respects, at its cost, risk, and expense, with the indemnifying party and such attorneys in the investigation, trial, and defense of such lawsuit or action and any appeal arising therefrom; provided, however, that the indemnified party may, at its own cost, participate in such investigation, trial, and defense of such lawsuit or action and any appeal arising therefrom. The indemnifying party shall not, without the prior written consent of the indemnified party, effect any settlement of any proceeding in respect of which any indemnified party is a party and indemnity has been sought hereunder unless such settlement of a claim, investigation, suit, or other proceeding only involves a remedy for the payment of money by the indemnifying party and includes an unconditional release of such indemnified party from all liability on claims that are the subject matter of such proceeding.

Government Enforcement

Our terms are governed and construed in accordance with the laws of Minnesota, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and Services and supersede and replace any prior agreements we might have between us regarding the Site and Services.

Be at least 18 years old.
Provide your full name, company name, address, phone number, and email address.
Provide billing and financial information such as billing name and address, credit card number, and security code.
Provide the number of Users within the organization that will be using our Service.
For individual User accounts, select a username and a strong password.
For organizational User accounts, allow the sharing of Content within the User organization and have at least one account User designated as the Administrator.
Protect the confidentiality of any non-public authentication credentials such as passwords and the confidentiality of your content.
Have each User register for a new Account; multiple people accessing the Services with the same Account is prohibited.
Do not share your password with other Users.
Not group Accounts of Users from different organizations into a single Account unless you are responsible for the payment of all Accounts and users of the Services in support of Your business.
Pay Your subscription fee prior to the end of a trial or promotional period unless You cancel Your subscription. This Service is billed in advance and non-refundable, except as noted in TopRecruiterHR's Terms of Use.
Be responsible for any action taken on behalf of any Your Account Users (even if You are not the one taking such action).
Accept and comply with TopRecruiterHR's terms and Privacy Policy.
Not be a bot or any other similar program.

Duration of Subscription: Monthly or annually.
Subscription Level: Standard or premium, which defines:
Features available for User or Organization.
Usage limits (e.g., bandwidth, number of records, and database size).
Support and training levels.
Reporting and analytics levels.
Pricing per subscription period.
For trial or discounted subscriptions, TopRecruiterHR may limit or disable features at its discretion. Your subscription level determines the specific use of the Service. You may not deviate from the subscription parameters. TopRecruiterHR also reserves the right to limit bandwidth usage if the Subscriber exceeds the average usage of other Service Users. We will be respectful so as not to disrupt business operations.
For trial or discounted subscriptions, TopRecruiterHR may limit or disable features at its discretion. Your subscription level determines the specific use of the Service. You may not deviate from the subscription parameters. TopRecruiterHR also reserves the right to limit bandwidth usage if the Subscriber exceeds the average usage of other Service Users. We will be respectful so as not to disrupt business operations.

TopRecruiterHR bills Services in advance: monthly for the Monthly Plan, annually for the Yearly Plan.
Payments are non-refundable, except as outlined in the Cancellation and Termination section.
No refunds or credits for partial months or unused months in an open account for both Monthly and Yearly Plans.
Users must update billing information before the next billing period.
Service fees exclude taxes; users are responsible for all applicable taxes.
Payment is accepted only in USD.

Subscriptions can be changed anytime.
Upgrades: Immediate charge for the difference, prorated for the remaining days in the period. Full rate billing in the next cycle.
Downgrades: Effective on the first day of the next subscription period.
New users: Billed immediately at a prorated amount for the remaining days in the billing month.
Decreasing users: Considered a cancellation for each user, effective at the end of the subscription period.
Changes to services and rates will be notified 30 days in advance on the website or by email.
Auto-renewal of subscriptions at the current rate until canceled. Decline to renew if disagreeing with the terms.

Users may cancel anytime; verbal cancellations are not accepted.
Save any user content before cancellation. Data may be deleted after account cancellation.
Canceling before the end of the paid month: Takes effect immediately, no further charges, no prorates or refunds.
TopRecruiterHR reserves the right to suspend or terminate accounts and refuse future services.
Payments to job boards or third parties through Services are non-refundable.

TopRecruiterHR Services provides direct posting to third-party job boards. The following outlines our policy.
TopRecruiterHR will not post any of your listings, postings, or other content on any third-party job boards unless it is requested through our Service.
Since we do not control third-party job boards, we cannot offer any guarantees of their efficacy or performance.
All purchases made through TopRecruiterHR Services to these job boards are final and nonrefundable at the time of purchase.
You agree that any content you post on these job boards meets all TopRecruiterHR's terms of use as well as guidelines required by these third parties.
You agree to indemnify and hold harmless TopRecruiterHR for any violation of a third-party job board's terms performed using TopRecruiterHR's Service.

Privacy

Your user experience and personal information are both important to us. By using our Site, you agree to TopRecruiterHR collecting, storing, and using your personally identifiable information (PII) and your non-personally identifiable information (Non-PII), and the use of cookies as outlined in our Privacy Policy.

All personal data collected is used to optimize our site and improve your experience. We reserve the right to share your aggregated personal data at our discretion with third-party analytical services that help us make data-driven decisions.

We will not sell your information to any third parties.

TopRecruiterHR agrees that we will not share personal data with any third parties without your prior consent or authorization, except in cases where we rely on third parties to provide the TopRecruiterHR Services.

Under the CCPA, transferring personal information to TopRecruiterHR does not constitute a sale. TopRecruiterHR will not sell user information and will process data according to data processor obligations. Users have rights to their data under CCPA, and TopRecruiterHR will ensure compliance with all applicable data protection laws.

TopRecruiterHR will implement administrative, physical, and technical safeguards to protect user data from unauthorized access, destruction, or disclosure. Measures include access controls, incident response, contingency planning, audit controls, and secure disposal. Regular testing and adjustments to the security program ensure ongoing protection. Compliance with GDPR and other relevant data protection laws is maintained.

Confidential Information

Both TopRecruiterHR and User acknowledge that we may disclose confidential information to each other during the terms of our agreement (verbally or written). Both parties will agree to treat each other's confidential information with the same level of professionalism as if it were its own.

Confidential information includes proprietary or trade secret information, customer lists, business strategies, and technology. Both parties agree to protect each other's confidential information with the same care as their own. Confidential information excludes information already known, publicly disclosed, or lawfully obtained from a third party. All copies of confidential information must be destroyed within 60 days after termination of the agreement.

Confidential information may include, but is not limited to:

Proprietary or trade secret information
Customer/client lists
Product plans and strategy
Technology
Systems
Business policies and processes
Financial data such as User non-published discounts, terms, or promotional/special pricing
Financial data such as User non-published discounts, terms, or promotional/special pricing

Disclosed in public materials or public domain through no action or disclosure by the receiving party
Lawfully obtained from a third party without any obligation of confidentiality
Lawfully known to the receiving party prior to disclosure by the other party
Independently developed by the receiving party without reference to the disclosing party's confidential information
TopRecruiterHR and User agree that they will destroy all copies of each other's confidential information in their possession within 60 days after the agreement expires or is terminated.

Links to Other Websites

Our Site may contain links to third-party websites or services that are not owned or controlled by TopRecruiterHR.

TopRecruiterHR assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that TopRecruiterHR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

Limitation of Liability (Section: Limitations of Liability)

TopRecruiterHR’s liability is limited to the greater of $20 or the amount paid by the user for the service in the past three months. TopRecruiterHR is not liable for indirect, special, incidental, or consequential damages, including loss of data or profits. The service is provided "as is" without warranties, and users assume all risks associated with its use.

Disputes arising from the terms will be resolved under the laws of Minnesota. Parties will attempt to resolve disputes in good faith before seeking legal action. The exclusive jurisdiction for disputes is the courts of Minnesota. All claims must be brought individually, waiving the right to participate in class actions.

By incorporating these points, the TopRecruiterHR terms of use will be comprehensive and align with industry standards, addressing any gaps identified in the comparison with TopRecruiterHR’s terms.

Terms of Use

Terms of Use

Terms of Use Definitions

Your Participation on Our Site

Content and Intellectual Property

Notice for Claims of Intellectual Property Violations and Copyright Infringement

User Comments and Submissions

Testimonials

Limitations of Liability – Responsibility for Content Use

Indemnification

Limited Warranty

Disclaimers

Disclaimer

Defense of Claims

Government Enforcement

Subscribing to Our Services

Subscription Plans

Payment, Refunds, and Subscription Changes

Privacy

Confidential Information

Links to Other Websites

Purchases and Downloads

Termination

Changes

Service Operation and Third-Party Services

Pricing and Payment

Content Responsibility and Restrictions

Intellectual Property and Licensing

Confidential Information

California Consumer Privacy Act (CCPA)

Data Protection and Security

Indemnity

Limitation of Liability (Section: Limitations of Liability)

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