Terms of use & Subscriber Agreement
This Terms of Use & Subscriber Agreement (“Terms”) is a legally
binding agreement between TechFetch.com (“TechFetch.com”), and you,
as a Employer (including employers, recruiting firms, staffing agencies, and recruiters)
or Job Candidate (collectively, “User”) of this web site, including
all information, products, services, software, databases, and web site available
from TechFetch.com or offered as part of or in conjunction with the web site located
at https://www.techfetch.com (collectively, the “System”).
By accessing information on this System, User acknowledges that User has read, understood
and agrees to comply with the terms of this Agreement. By using the System as a
Job Candidate, Employer, and/or submitting any content, User agrees to be bound
by and comply with this Agreement. If you do not wish to be bound by this Agreement,
do not use the System.
You understand and agree that the System is provided to you on an AS IS and AS AVAILABLE
basis. TechFetch.com reserves the right to modify, suspend or discontinue the System
with or without notice at any time and without any liability to you
TERMS APPLICABLE TO EMPLOYERS
Eligible Subscribers of TechFetch.com
Subscriptions to TechFetch.com are limited to Employers. TechFetch.com reserves
the right to determine, in its sole discretion, whether a firm meets the eligibility
requirements for subscriptions.
Subscription Terms
All subscription offers are made to eligible, qualified, Employers. As the expiration
date of an Employer’s subscription term approaches, the Employer may be invoiced
for a new subscription term. If the invoice is paid, the subscription and its associated
benefits will continue; otherwise, the subscription will become inactive on its
expiration date. When a subscription becomes inactive, all features, services, and
benefits of the subscription cease. These may include but are not limited to: jobs
entered in the System, distribution of jobs, web pages maintained by the System,
resume-forwarding services.
Employer Conduct
Employer agrees that all the information accessed by Employer will be used only
to allow the Employer to use the services offered by TechFetch.com. Employers seeking
to fill open, verifiable job positions on behalf of their client or vendor companies
may use the System only for lawful purposes. Employers shall upload in the System
only genuine, verifiable employment advertisements from Employer’s company
or from verifiable companies with which Employer has a direct, explicit, agency
relationship. Each Employer shall be responsible for the accuracy, timeliness, and
completeness of any employment advertisements or candidate profiles its users place
in the System.
Employer represents, warrants and covenants that any a information or materials
uploaded to the System by Employer for use in connection with the System will not
violate any laws or regulations or third-party proprietary rights, including, without
limitation, copyright, trademark, obscenity, rights of publicity or privacy, and
defamation laws. Employer hereby grants TechFetch.com a non-exclusive, worldwide,
royalty-free license to use these materials and to hyperlink to Employer’s
website.
Specific Prohibited Conduct of Employers
Prohibited Uses of the System include:
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Password Sharing: Use of the System is limited to registered and authorized
account holders. Employers can modify the profile and change the authorized person
anytime during the valid subscription period. The sharing of passwords or login
information is forbidden. Violation of this prohibition will result in an immediate
cancellation, without refund, of any remaining portion of the subscription amount.
Each Employer must use the login information for his registered Office’s subscription
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System Abuse (Fair Usage Policy) You agree not to abuse the system resources
by posting too many jobs or view excessive resumes beyond the normal business environment.
Fair Usage is defined as 3 (three) to 5 (five) requirements or view 100 to 300 resumes
per day per user license. Beyond this normal usage on consistent basis will be considered
as "Abuse of the system" and will result in immediate termination of access with
NO refunds.
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Commercial Use of System The reselling of any part of the System or the services
or benefits provided by the System is expressly forbidden. All usage of the System
must be contracted directly via TechFetch.com or one of our authorized affiliates.
Reselling of the TechFetch.com System or any of its components without prior, written
permission from TechFetch will result in an immediate cancellation, without refund,
of any remaining portion of the subscription amount. TechFetch.com reserves the
right to take legal action, both civil and criminal, against unauthorized use of
the System.
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Solicitation and Advertising You agree not to use the System to advertise,
or to solicit anyone to buy or sell, products or services, nor to solicit anyone
to make donations of any kind, without our express written approval. An Employer
shall not mass market or solicit via e-mail, fax, or telephone, or other means to
job seekers identified through the candidate resources (including resume databases)
or to other Employers. Employers may not post any jobs on the System for any competitor
of TechFetch.com or post jobs or other content that contains links to any site competitive
with TechFetch.com.
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Automatic Searching & Robots An Employer shall not use or attempt to
use any engine, software, tool, agent, or other device or mechanism (including browsers,
spiders, robots, avatars, or intelligent agents) to navigate or search the System.
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Multiple or Duplicate Postings An Employer shall not post duplicate positions,
multiple positions within one advertisement, or copy (plagiarize) other employment
advertisements or candidate profiles.
TERMS APPLICABLE TO ALL USERS
User Conduct
Users will not make any other unauthorized use of this System, or any interactive
features available on this System. User warrants to TechFetch.com and its affiliates
that User will not use this System for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. The System may be used only for lawful
purposes by individuals to network for personal or professional purposes with other
individuals. You agree that you are responsible for your own use of the System,
for any content you submit to TechFetch.com, and for any consequences thereof.
Specific Prohibited Conduct of Users
Prohibited Uses of the System include:
- Submitting any incomplete, false or inaccurate biographical information.
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Deciphering, decompiling, disassembling or reverse engineering any of the software
comprising or in any way making up a part of any of the System.
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Collecting for marketing purposes any email addresses or other personal information
that has been posted by other users of the System.
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Impersonating any person, business or entity, including TechFetch.com and its employees
and agents or falsely stating or otherwise misrepresenting your affiliation with
any person, business or entity, including TechFetch.com
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Violating or infringing the rights of others including, without limitation, patent,
trademark, trade secret, copyright, publicity, privacy or other proprietary rights.
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Taking action to gain or gaining unauthorized access to the System, or any account,
computer system, or network connected to the System, by means such as hacking, password
mining or other illicit means.
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Victimizing, harassing, degrading, or intimidating an individual or group of individuals
on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
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Encouraging conduct that would constitute a criminal offense or that gives rise
to civil liability or that otherwise encourages others to commit illegal activities
or cause injury or property damage to any other person.
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Permitting any person to access, using your account, any features of the System
that may require registration.
- Sending unsolicited commercial email to other individuals.
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Advertising on the System or commercially soliciting any other individual to purchase
goods or services, or give a donation.
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Violating these Terms, guidelines or any policy posted on the System, or interfering
with the use of the System by others.
Although TechFetch.com cannot monitor all content on the System, you understand
that TechFetch.com shall have the right, but not the obligation, to monitor the
content of the System to determine compliance with these Terms and any other operating
rules that may be established by TechFetch.com from time to time. TechFetch.com
shall have the right, in its sole discretion, to edit, move, delete, or refuse to
post any material posted on the System for any reason, including violation of these
Terms, whether for legal or other reasons, or because the material is objectionable
or stale. Notwithstanding this right of ours, Users shall remain solely responsible
for the content they submit.
You acknowledge and agree that neither TechFetch.com nor any of its affiliates shall
assume or have any liability for any action or inaction by TechFetch.com with respect
to any conduct within the System or any communication or posting on the System.
TechFetch.com also reserves the right to disclose any information that TechFetch.com
believes necessary to satisfy any law, regulation or governmental request, or to
refuse to post or to remove any information or materials, in whole or in part. TechFetch.com
does not represent or guarantee the truthfulness, accuracy, or reliability of content
or any other communications posted by Users or endorse any opinions expressed by
Users. You acknowledge that any reliance on material posted by other Users will
be at your own risk.
TechFetch.com requires you not to use the System to violate anyone’s copyright,
trademark or other intellectual property rights. By posting or submitting any material
to the System, you are warranting and representing that you own or have the right
to post or make such submission of the material, or are making your submission or
posting with the express consent of the owner, and that no other party has any right,
claim, or interest in the material that you have submitted or posted. Submitting
or posting material that is the property of another, without the consent of its
owner, is not only a violation of these Terms, but may also subject you to legal
liability for infringement of copyright, trademark or other intellectual property
rights.
User Name / Password
To obtain access to certain services on the System, you may be given an opportunity
to register. As part of any such registration process, you will select a user name
and a password. You agree that the information you supply during that registration
process will be accurate and complete. You also agree not to (i) select, register,
or attempt to register, or use a user name of another person with the intention
of impersonating that person; (ii) use a user name of anyone else without authorization;
(iii) use a user name in violation of the intellectual property rights of any person;
or (iv) use a user name that TechFetch.com considers to be offensive.
TechFetch.com reserves the right to reject or terminate any user name or password
that, in its judgment, it deems offensive. You will be responsible for preserving
the confidentiality of your password and will notify TechFetch.com of any known
or suspected unauthorized use of your account. Further, you agree that you are responsible
for all statements made and acts or omissions that occur on your account while your
password is being used. If you believe someone has used your password or account
without your authorization, you must notify TechFetch.com immediately. TechFetch.com
reserves the right to access and disclose any information including, without limitation,
user names of accounts and other information to comply with applicable laws and
lawful government requests.
Termination
Users agree that TechFetch.com, in its sole discretion, may terminate access to
or use of the System, at any time and for any reason, including without limitation,
if TechFetch.com believes that a User has violated or acted inconsistently with
the letter or spirit of this Agreement through the use of or submission to the System.
Upon any such termination, User’s right to use the System will immediately
cease. You agree that any termination of your access to or use of the System may
be effected without prior notice, and that TechFetch.com may immediately delete
all information and files associated with it, and/or bar any further access to such
information or files. User agrees that neither TechFetch.com nor any affiliated
entity will be liable to you or any third party for any termination of your access
to the System or to any such information or files, or will be required to make such
information or files available to you after any such termination.
Corporate Identification and Trademarks
All registered and/or unregistered trademarks and/or service marks (collectively,
“Marks”) used or referred to on this System are the property of TechFetch.com,
unless otherwise noted. User may not use, copy, reproduce, republish, upload, post,
transmit, distribute or modify these Marks in any way without TechFetch.com’s
prior written permission. The use of TechFetch.com Marks on any other web site,
without authorization, is prohibited.
Privacy
TechFetch.com collects information about the Users of this System. Collection of
this information is governed by its Privacy Policy, which may be accessed at
here
Proprietary Rights to Content
All materials contained on the System are protected by copyright law except where
explicitly noted otherwise. All rights reserved.
The System contains copyrighted material, trademarks and other proprietary information,
including data, text, software, photos, video and graphics (“Content”).
YOU MAY USE THE SITE AND THE CONTENT OFFERED ON THE SITE ONLY FOR INTERNAL PURPOSES.
You may not modify, publish, transmit, display, participate in the transfer or sale,
create derivative works, or in any way exploit the Content of this System or any
portion of it. You may not use any data mining, robots, or similar data gathering
and extraction tools on the Content, frame any portion of the System or Content,
or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify,
translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise
distribute the Content without our prior written consent. You may not circumvent
any mechanisms included in the Content for preventing the unauthorized reproduction
or distribution of the Content.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement must be sent to Service Provider’s Designated Agent.
Name of Agent Designated to Receive Notification of Claimed Infringement: Prabakaran
Murugaiah
Full Address of Designated Agent to Which Notification Should Be Sent:
Prabakaran Murugaiah, 2093 Philadelphia Pike, #2051, Claymont, DE 19703
Telephone Number of Designated Agent: 703-544-2050
Facsimile Number of Designated Agent: 877-801-8192
E-Mail Address of Designated Agent: Support @ techfetch.com
To be effective, the notification must be a written communication that includes
the following:
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A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
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Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
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Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit us to locate the material;
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Information reasonably sufficient to permit us to contact the complaining party,
such as an address, telephone number and, if available, an electronic mail address
at which the complaining party may be contacted;
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A statement that the complaining party has a good-faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent
or the law; and
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A statement that the information in the notification is accurate and, under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed. We may give notice to our users
by means of a general notice on any of our websites, electronic mail to a user’s
e-mail address in our records, or written communication sent by first-class mail
to a user’s physical address in our records.
If you receive such a notice, you may provide counter-notification in writing to
the designated agent that includes the information below. To be effective, the counter-notification
must be a written communication that includes the following:
- Your physical or electronic signature;
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Identification of the material that has been removed or to which access has been
disabled, and the location at which the material appeared before it was removed
or access to it was disabled;
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A statement from you, under penalty of perjury, that you have a good-faith belief
that the material was removed or disabled as a result of a mistake or misidentification
of the material to be removed or disabled; and
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Your name, physical address and telephone number, and a statement that you consent
to the jurisdiction of a Federal District Court for the judicial district in which
your physical address is located, or if your physical address is outside of the
United States, for any judicial district in which we may be found, and that you
will accept service of process from the person who provided notification of allegedly
infringing material or an agent of such person.
Links to Third Party Sites
At times, the System may contain links to third-party web sites, which are not under
the control of TechFetch.com. TechFetch.com makes no representations whatsoever
about any other web site to which Subscriber may have access through the System.
When Subscriber accesses another web site, User does so at User’s own risk
and acknowledges that TechFetch.com is not responsible or liable for any content,
advertising, products or other materials available from such third party sites.
User also agrees that TechFetch.com shall not be liable for any loss or damage of
any sort incurred as the result of using any third party’s web site. Mention
of third-party companies and web sites on the System is for informational purposes
only and does not constitute an endorsement or recommendation.
TechFetch.com’s Role
TechFetch’s System is an arena for Employers (or their agents) to post job
opportunities and candidates to post resumes and profiles. TechFetch.com is not
involved in the actual transaction between employers and candidates. As a result,
TechFetch.com has no control over the quality, safety or legality of the jobs or
resumes posted, the truth or accuracy of the listings, the ability of employers
to offer job opportunities to candidates or the ability of candidates to fill job
openings. TechFetch.com makes no representations about any jobs, resumes or content
on the System. While TechFetch.com reserves the right in its sole discretion to
remove content, job postings, resumes or other material from the System from time
to time, TechFetch.com does not assume any obligation to do so and disclaims any
liability for failing to take any such action.
Because User authentication on the Internet is difficult, TechFetch.com cannot and
does not confirm that each User is who they claim to be. Because we do not and cannot
be involved in User-to-User dealings or control the behavior of participants on
the System, in the event that you have a dispute with one or more Users, You release
TechFetch.com (and our agents and employees) from claims, demands and damages (actual
and consequential and direct and indirect) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes.
TechFetch.com does not and shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age,
national origin (ancestry), disability, marital status, sexual orientation or military status, in any of its activities or operations.
TechFetch.com is an equal opportunity employer. We will not discriminate and will take affirmative action measures to ensure against
discrimination in employment, recruitment, advertisements for employment, compensation, termination, upgrading, promotions, and other
conditions of employment against any employee or job applicant on the bases of race, color, gender, national origin, age, religion, creed,
disability, veteran’s status, sexual orientation, gender identity or gender expression.
Disclaimer of Warranties and Liability
YOU AGREE THAT YOUR USE OF THE SYSTEM IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER
OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SYSTEM, AND THE INHERENT
HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS,
INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON ANY MATERIAL
AVAILABLE THROUGH THE SYSTEM, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU
ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH
THE SYSTEM.
THE SYSTEM IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. TECHFETCH
AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY,
COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SYSTEM, NOR DO THEY GUARANTEE THAT
THE SYSTEM WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE SYSTEM WILL
BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL TechFetch.com
AND ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY
DAMAGES ARISING OUT OF USE OF THE SYSTEM, INCLUDING, WITHOUT LIMITATION, LIABILITY
FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE
ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF TechFetch.com
AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED
BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF TechFetch.com AND ITS AFFILIATES,
AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY
CONNECTED TO THE SYSTEM WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO TechFetch.com
FOR THE USE OF THE SYSTEM.
Indemnity
You agree to indemnify, defend and hold harmless TechFetch.com, its affiliates,
and their officers, directors, employees, agents, licensors and suppliers, from
and against any and all losses, expenses, damages and costs (including reasonable
attorneys’ fees) resulting from any violation of these Terms or any activity
related to your account (including negligent or wrongful conduct) by you or any
other person accessing the System using your account.
Relationship of Parties
User agrees that no joint venture, partnership, employment or agency relationship
exists between User and TechFetch.com as a result of this agreement or use of this
System.
Governing Law
This Agreement and the relationship between User and TechFetch.com shall be governed
by and construed in accordance with the laws of the Commonwealth of Virginia. Subscriber
hereby consents to the exclusive jurisdiction and venue of courts in Loudoun County,
Virginia, USA in all disputes arising out of or relating to the use of this System.
Use of this System is unauthorized in any jurisdiction that does not give effect
to all provisions of these terms and conditions, including without limitation this
paragraph. Any controversy or claim arising out of or relating to this Agreement
or relating to use of this Web Site and the material contained in this Web Site
shall be resolved in a court in the Commonwealth of Virginia or the Federal Courts
situated in such state.
Waiver/Severability
The waiver by either party of a breach or right under this Agreement will not constitute
a waiver of any subsequent breach or right. If any provision of this Agreement is
found to be invalid or unenforceable by a court of competent jurisdiction, such
provision shall be severed from the remainder of this Agreement, which will otherwise
remain in full force and effect.
Reservation of Rights
Any rights not expressly granted herein are reserved.
Entire Agreement
This Agreement constitutes the entire agreement between the User and TechFetch.com
with respect to this System and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the Subscriber and TechFetch.com
with respect to this System. 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.
Revisions
TechFetch.com may revise these Terms at any time by posting an updated version to
https://www.techfetch.com. You should visit
this page periodically to review the most current Agreement because it is binding
on Users.
Questions
For any questions, or legal concerns, please email Support at TechFetch.com