Terms and Conditions for Employers
Last updated: December 5, 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the aspireship.com website or any staffing or candidate referral services (collectively, the “Services”) provided by Aspireship Inc. (“us”, “we”, “our” or “Aspireship”).
Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all employers and others who wish to access or use the Services.
By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access or use the Services.
Use Of The Services
You may pay for the Services via (1) one of several alternative monthly subscription plans (each, a “Subscription Plan”) or (2) a fee-per-hire plan (“Per-Hire Plan”). To sign up for the Services, you will be required to complete and sign an order form which will specify the payment terms for the Services being provided to you, including whether you are paying for the Services via a Subscription Plan or a Per-Hire Plan.
You agree to use the Services solely for the purpose of identifying, communicating with and hiring candidates to available through the Services to fulfill your staffing needs and for no other purpose.
If you sign up for the Services via (1) a Subscription Plan and hire one or more candidates in excess of the number of candidates covered by your Subscription Plan or (2) a Per-Hire Plan, then in each case the applicable per-hire fee will be payable to Aspireship if you or any of your affiliates employ or otherwise engage the services of a candidate identified through our Services for any position during the term of your agreement with us or within one year after termination of your agreement with us.
We refer candidates to you through the Services in confidence. You agree not to refer or otherwise identify any such candidates to any other individual or entity without our prior written consent, which may be withheld for any or no reason.
You agree that any decision to offer employment or engagement to a candidate will be wholly based upon your own evaluation of such candidate's suitability under your own hiring process and that we will have no liability to you if a candidate does not meet your expectations or requirements.
You agree that it is your sole responsibility to provide any candidate who you employ or engage with a suitable place of work, which will comply with all applicable federal, state and local laws related to the employment of employees or engagement of independent contractors.
You acknowledge and agree that we have expended and will continue to expend significant time, resources and money in building our pool of candidates for the purpose of providing the Services to our customers and that your agreement to the provisions of this paragraph is a material inducement to Aspireship to provide the Services to you. Accordingly, you agree that you will not, directly or indirectly through any third party, during the Restricted Period, solicit the services of or recruit or hire any candidate we refer to you through our Services other than through our Services and then only on the terms set forth in these Terms or in a separate written agreement between you and us. "Restricted Period" means, with respect to each candidate we refer to you through our Services, a period of twelve months after the last communication from us to you about such candidate through our Services.
By creating an account on our website, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
The content found on or through the Services, such as text, graphics, videos and other material, are the property of Aspireship or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Services.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer systems and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party service. You are responsible for ensuring that all persons who access the Services through your account are aware of these Terms and comply with them. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity, a name that is not lawfully available for use or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
The Services and its content, features and functionality are and will remain the exclusive property of Aspireship and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Aspireship.
Links To Other Web Sites
Our Services may contain links to third-party websites or services that are not owned or controlled by Aspireship.
Aspireship has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Aspireship 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 use of or reliance on any such content, goods or services available on or through any such third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Term and Termination
If you agree to a Subscription Plan when you sign up for the Services, the Subscription Plan will automatically renew, on the same terms and conditions, at the end of each annual subscription term, unless you provide us with written notice at least 30 days prior to the end of an annual subscription term that you will discontinue the Services at the end of the then-current annual subscription term.
We may terminate or suspend your account and/or bar access to or discontinue the Services immediately, without prior notice or liability, in the event of a breach of the Terms. If we do so, we will discontinue billing you for the Services.
If you desire to terminate your account and discontinue using the Services, you must notify us in writing that you are terminating your account and discontinuing use of the Services, provided that if you agreed to a Subscription Plan you will be obligated to continue paying for the Services on a monthly basis through the end of the current annual subscription term, notwithstanding termination of your account and discontinued use of the Services.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Aspireship and its licensees and licensors, and their employees, contractors, agents, officers, directors, stockholders, managers and members from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of (1) your use and access of the Services, by you or any person using your account and password or (2) a breach of these Terms.
Limitation Of Liability
In no event shall Aspireship, nor its directors, employees, stockholders, partners, agents, suppliers, or affiliates, be liable for (1) any monetary amount in excess of the aggregate amount you have paid Aspireship for the Services or (2) any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, loss of data, loss of use, loss of goodwill, or other intangible losses, in each case resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third-party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. Except as set forth in a separate written agreement between you and Aspireship, the Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Aspireship, its subsidiaries, affiliates, and its licensors do not warrant that (1) the Services will function uninterrupted, secure or available at any particular time or location; (2) any errors or defects in the Services will be corrected; (3) the Services are free of viruses or other harmful components; or (4) the results of using the Services will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Arizona, United States, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in the County of Maricopa. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
In our sole discretion, we may require you to submit any disputes arising from these Terms to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law.
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 Services, and supersede and replace any prior agreements we might have had between us regarding the Services.
In the event of a change of control of Aspireship resulting from a merger, consolidation, stock transfer or asset sale, we may assign these Terms without your consent or any other restriction. If we make an assignment, we will provide reasonable notice to you.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
Any written notices required or permitted by the Terms should be sent to [email protected].
If you have any questions about these Terms, please contact us:
By email: [email protected]