Glidepath Terms of Service
This Terms of Service Agreement (this “Agreement”) is made by and between Glidepath LLC, a Delaware
limited liability company (“Glidepath”) and the person or entity using Glidepath’s services (the “User”). Please read this
Agreement carefully. This is a binding agreement governing Glidepath’s provision of applicant tracking and related
recruitment and employment search services (the “Services”) on the www.glidepath.com website (the “Website”) and User’s use
of and access to such Services. By clicking the “I agree” button, you acknowledge that: (a) you have read this Agreement,
understand it, and agree to bind the User by it; and (ii) you are duly authorized so to bind User. If you do not agree to
this Agreement, please do not click to agree, in which case your registration will not be completed, and you may not use or
access the Services.
Eligibility. All individuals who participate in the Services must be at least 18 years old. If User access or uses the Service from outside the United States, the User does so at User’s own risk and is responsible for compliance with the laws of User’s jurisdiction.
Functionality. The Services include features and Content for the benefit of candidates searching for employment opportunities (“Candidates”) and employers searching for Candidates (“Employers.”) As used in this Agreement, “Content” means any text, information, data, graphics images, illustrations, photos, video, sound, notes, works of authorship, or other materials.
Candidates may use the Services to apply for jobs, submit resumes and other information, and receive job alerts.
Employers may use the Services to post jobs, communicate with applicants, track and manage applicants, and measure performance.
User is solely responsible for User’s interactions with other users of the Service, whether Candidates or Employers. Glidepath reserves the right, but has no obligation, to monitor disputes between users or to enforce this Agreement against User or other users.
Account registration. The User will submit to Glidepath, via Glidepath’s online user interface (the “Account Interface”) all information required register for the Services, including (as applicable) full User name, sign-in credentials, contact details, initial settings, payment card information and other required information (collectively, “Information”). User will at all times ensure that such Information is complete, accurate and up to date.
Glidepath may make available different types of accounts for different levels of service or different types of Users. User may not use the account of another user without permission from Glidepath and the applicable user.
User will keep its Account Interface user name and password confidential and will be responsible for all activities conducted and fees incurred through the use of User’s user name and password. User must immediately notify Glidepath of any unauthorized uses User’s account or any other breaches of security.
Integration. Glidepath may make available one or more methods for integration of the Services into Employers’ website(s), including a widget (such as a small piece of java script to be embedded into a website) that pulls Content from the Services to the Employer’s website (a “Widget.”) Glidepath may also provide the option for a hosted sub-domain on Glidepath’s URL or a sub-domain at Employer’s URL, with varying degrees of customization as permitted by the user interface of the Services.
Add-on Services. The Services may include or be integrated with one or more add-on services provided by third party vendors and governed by separate terms and conditions furnished by such vendors. User must review such terms and conditions before purchasing or otherwise accessing any such add-on services. Glidepath may discontinue add-on services or change vendors at any time for any reason, with no liability to User other than credit or refund for discontinued pre-paid services, if any. User acknowledges that any services or credits purchased via Glidepath will expire one (1) year from the date of purchase of said credit or service, unless otherwise specified.
Technology restrictions. User’s use of the Services is subject to the following restrictions, and User hereby represents and warrants that User will not, except as expressly enabled by the user interface of the Services or as otherwise expressly authorized by Glidepath in writing:
copy, sell, distribute, or disclose in any medium any part of the Services or Content.
alter or modify any part of the Services.
reverse engineer, decompile, disassemble or otherwise attempt to obtain or perceive the source code of the software that provides the Services, or access Content through any technology or means other than the Services user interface.
sell access to the Services or otherwise use the Services for any commercial purposes.
if User integrates the Widget into User’s website, modify, build upon, or block any portion or functionality of the Widget, including but not limited to links back to Glidepath’s systems.
use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Glidepath servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser.
use the Services to send spam, chain letters, contests, pyramid schemes, surveys or other duplicative or unsolicited messages (commercial or otherwise).
collect or harvest personally identifiable information from the Service.
attempt to interfere with or bypass the security or proper working of the Service, including taking any action that imposes, or may impose an unreasonable load on Glidepath’s systems.
upload invalid data, viruses, worms, or other software agents through the Service.
impersonate another person or otherwise misrepresenting User’s affiliation with a person or entity, conduct fraud, or hide or attempt to hide User’s identity.
forge headers or otherwise manipulate identifiers to disguise the origin of any Content posted on or transmitted through the Service.
Employer restrictions. Users who are Employers (i) must use the Services only for the purposes of recruiting individuals for real jobs in real organizations; (ii) must not use the Services to advertise fake jobs or collect resumes and applicant data for any purpose other than hiring for real job openings; (iii) must not use the Services to post or promote any position that requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples; (iv) must not use the Services to post or promote self-employment or work-from-home businesses; and (v) clearly state in any posting if a position is compensated on a commission basis.
User’s Content and Data
User’s Content. “User’s Content” means any Content provided, imported or uploaded to the Services by Users or on User’s behalf. For Candidates, User’s Content may include resumes, CVs, and other information related to job applications, such as ancillary documents or responses to Employer surveys or questionnaires. For Employers, User’s Content may include job and company information, application information, files associated with the process of hiring a candidate, logos, trademarks, comments, questions, and other content or information.
Requirements. User hereby represents and warrants that the User’s Content: (i) complies with all applicable laws and regulations, including those regarding employment solicitation, such as Equal Employment Opportunity requirements under Title VII of the Civil Rights Act of 1964; (ii) does not infringe or misappropriate any intellectual property (including, without limitation, trademarks and copyrights), confidentiality, publicity or privacy rights of any third party in any jurisdiction, (iii) is complete, up to date, accurate and truthful and not defamatory, deceptive or misleading, (iv) does not contain any material or element that is unlawful, abusive, hateful, threatening, profane or pornographic, or that may create a risk of harm, loss or other damage to any person or property; (v) does not contain any virus, worm, trojan horse, time bomb or similar contaminating or destructive feature; and (vi) does not advertise or promote any unlawful product, service, employment or activity
Rights in User’s Content. User retains ownership of User’s Content. User will be solely responsible for its User’s Content and the consequences of posting or publishing it, and User agrees that Glidepath is acting only as a passive conduit for online distribution of User’s Content.
User hereby grants to Glidepath a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, and worldwide license to use, reproduce, cache, index, excerpt, analyze, modify, make derivative works of, distribute, publish, transmit, syndicate, publicly display and publicly perform the User’s Content (and the trademarks and brand features and any names, voices or likenesses contained therein), in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and Glidepath’s business.
Without limitation to the forgoing, (a) Candidates agree that Glidepath may store their User’s Content within the services and share such User’s Content with Employers, whether pursuant to Candidate’s application, an Employer’s keyword search, or otherwise; and (ii) Employers agree that Glidepath may post their User’s Content on any website operated or hosted by Glidepath and by any current or future third party participating in Glidepath’s advertising affiliate network (each an “Affiliate”) and any other third party websites as selected by Employer. Employers shall direct only to Glidepath communications regarding User’s Content on Affiliate sites.
While Glidepath has no obligation to review the User’s Content submitted hereunder, Glidepath may, in its sole discretion either: (i) decline to serve any User’s Content; (ii) change or remove and keyword or description that it considers inappropriate or unlawful; or (iii) modify User’s Content to comply with Glidepath’s relevant technology and content policies and Glidepath’s internal standards and practices for data display and presentation.
IP and License
Glidepath’s IP. User acknowledges that Glidepath owns all right, title and interest in and to (i) the Website and all Content thereon (other than User’s Content); (ii) the Services, including Glidepath’s Technology, trademarks, and logos; and (ii) all intellectual property rights in and to the foregoing. User does not acquire any right, title, or interest in or to the Services except as expressly set forth in this Agreement. As used in this Agreement, “Technology” means the technology that drives the functionality of the Services, including Glidepath’s content serving technology, search technology, applicant tracking system, and application programming interfaces (APIs).
Feedback. User agrees that Glidepath may use any feedback, comments, or suggestions User may provide regarding Glidepath or the Services for any purpose and without any obligation to User.
License to Services. Subject to the terms and conditions of this Agreement, Glidepath hereby grants User a non-exclusive, limited, non-transferable, revocable, license to use the Services for User’s own individual purposes, as permitted by this Agreement and as expressly made available by the user interface of the Services. Glidepath reserves all rights not expressly granted herein.
Attribution. User agrees that a “powered by Glidepath” graphic or text link, or similar attribution provided by Glidepath, will be included in any implementation of the Services associated with User’s Content, regardless of the technical integration method used. User will not disable or remove such attribution. Employer hereby grants Glidepath the right to use User’s name, brand identity and trademarks to identify Employer as a user of the Services on the Website and in marketing and publicity materials related to Glidepath’s Services.
Fees. User will pay the fees, if any, associated with User’s subscription as selected upon registration for the Services. Fees may include monthly or yearly base Services fees and optional additional fees where applicable, such as fees for add-on third party services or distribution of User’s Content to premium third-party websites, as selected by User.
Nothing in this Agreement will obligate Glidepath to extend credit to any party, and unless otherwise agreed in writing, all amounts due and payable under the Agreement will be charged to User’s payment card on file with Glidepath. In the event that a payment card transaction is denied or any payment due Glidepath hereunder is otherwise overdue, Glidepath may, in its discretion, suspend performance of Services until such time as there are no amounts due and unpaid by the User hereunder. The User will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Glidepath in collecting any amounts due and unpaid by the User hereunder. The User shall be solely responsible for payment of all applicable taxes (other than those on Glidepath’s net income).
Free Accounts. Glidepath may make available a free version of the Services, subject to limited functionality and/or additional restrictions. If User selects a free account, User must not attempt to access features or functionalities intended for paid accounts. User may terminate its use of a free account at any time without notice. Notwithstanding Section 8, Services associated with a free account are provided “AS IS,” and Glidepath expressly disclaims all warranties and conditions, express, implied or statutory.
Term and Termination
Term. The term of the Agreement shall begin upon User’s first submission of required Information and shall continue for the duration of User’s selected subscription. Subscriptions will automatically renew unless either party provides the other party of its intention not to renew prior to the expiration of the then-current subscription term.
Termination. Either party may terminate this agreement if the other party commits a material breach and fails to cure such breach within thirty (30) days after written notice is given to the breaching party, specifying the breach. User may terminate its participation in the Services at any time for any reason or for no reason, via the Account Interface if such functionality is available or, if not available, by written notice to Glidepath as provided herein. Such termination will be effective, and Glidepath will cease providing the Services to User, no later than two (2) business days after Glidepath’s receipt of such notice.
Suspension. Glidepath may permanently or temporarily terminate or suspend access to the Service to User or to Glidepath’s users generally, without notice and liability for any reason or for no reason.
Effect of Termination. Upon termination or expiration of this Agreement for any reason: (a) all rights and subscriptions granted to User under this Agreement will terminate; (b) User will immediately cease all use of and access to the Services; (c) all fees then owed by User will become immediately due and payable; and (d) except in the case of termination by User for Glidepath’s breach or termination by Glidepath for reasons other than User’s breach, User will not be entitled to any refund of fees paid or pre-paid. Termination of this Agreement shall not affect the obligations of the parties under Sections 2, 3, 4(a), 8(c), and 9 through 11 of this Agreement, which shall survive the termination of this Agreement.
It is Glidepath’s policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law (including the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. If you believe your work appears on the Website in a manner that violates your intellectual property rights, please send a notice to Glidepath’s copyright agent containing the information required by 17 U.S.C. § 512(c)(3), available at http://www.copyright.gov/title17/92chap5.html.
Address: 8766 South Street, Suite 220, Fishers, IN 46038
Fax: (917) 591-4545
Email: [email protected]
Warranty & disclaimer
User warranties. User hereby represents and warrants that: (a) User has the full right, power, and authority to grant the rights and consents granted herein; (b) User will comply with all applicable laws and regulations in its use of the Services and in its business operations, including without limitation laws regarding data privacy, employment and employment discrimination; and (c) User will comply with Glidepath policies applicable to the Services, as posted on the Website (collectively “Policies”).
Glidepath Warranty. Glidepath represents and warrants that the Services will operate in substantial conformity with their applicable specifications. User’s exclusive remedy for breach of this warranty is to notify Glidepath of the nonconformity in writing, whereupon GlidePath, as its sole obligation and liability, will at its election, either: (i) use commercially reasonable efforts to correct the nonconformity within thirty (30) days; or (ii) terminate this Agreement and refund to User a pro rata portion of the fees actually paid for the non-conforming Services, based on the date of User’s notification. This Section 8(b) sets forth Glidepath’s entire liability to User for any nonconformity or other defect in the Services.
Disclaimer. Except as expressly set forth herein, and to the maximum extent permitted by applicable law, the Services are provided “AS IS,” and Glidepath expressly disclaims all warranties and conditions, whether express, implied or statutory, including but not limited to all implied or statutory warranties of merchantability, fitness for a particular purpose, title, quality, accuracy and noninfringement of third party rights. Without limitation to the foregoing, Glidepath disclaims all warranties regarding: (i) the behavior of other Users; (ii) Content posted on the Website by third parties, including other users; (iii) responses or response rates to job posts or job applications; (iv) the appearance or quality of any Content on any particular software (including browsers), system configuration, monitor resolution or other user equipment; (v) Affiliate sites or other third party sites to which the Website may link, including without limitation, their availability, operations, features, functionality and content; (vi) the accuracy of data supplied by Affiliates regarding Affiliate sites; and (vii) the Services’ compliance with regulatory requirements that may apply to particular Employers, such as the tracking and record-keeping requirements of the OFCCP.
By Glidepath. Glidepath will indemnify, defend and hold User harmless from and against any and all losses, liabilities and expenses (including reasonable attorneys’ fees) suffered or incurred by reason of any third-party claims, proceedings or suits based on or arising out of the Technology’s infringement of a third party’s intellectual property rights.
By User. The User will indemnify, defend and hold Glidepath, its Affiliates and their respective representatives harmless from and against any and all losses, liabilities and expenses (including reasonable attorneys’ fees) suffered or incurred by reason of any third-party claims, proceedings or suits based on or arising out of (i) any breach or alleged breach by User of its representations, warranties or covenants hereunder; or (ii) the User’s Content; (iii) the User’s websites and in each case the products and services promoted therein; and (iv) subject to Glidepath’s obligations under Section 9(a), User’s access to or use of the Services.
Procedures. The obligations set forth in Section 9 are conditioned upon the indemnified party notifying the indemnifying party promptly in writing of any covered action, giving the indemnifying party sole control over the defense thereof and any related settlement negotiations, and cooperating and, at the indemnifying party’s request and expense, assisting in such defense. The indemnified party may also participate in the defense at its own expense.
Limitation of Liability. In no event will Glidepath, its representatives, successors or assigns, be liable for any punitive, exemplary, incidental or consequential damages in any action arising from or related to this Agreement or the Services, whether based in contract, tort (including negligence), intended conduct or otherwise, including without limitation, damages relating to the loss of profits, income or goodwill, regardless of whether such party has been advised of the possibility of such damages. In no event will Glidepath’s liability for monetary damages related to this Agreement exceed the amount paid by the User to Glidepath over the three-month period immediately preceding the action. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
Miscellaneous. This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of Delaware and not by the laws of any other jurisdiction. The parties mutually consent and submit to the jurisdiction of the federal and state courts for New Castle County, Delaware, and agree that any action, suit or proceeding concerning this Agreement may be brought in the federal or state courts of such county and that they will not raise, in connection therewith, any defense or objection based on lack of personal jurisdiction, improper venue, inconvenience of forum or the like. Glidepath may unilaterally modify this Agreement or any of its Policies at any time without liability, and User’s continued use of the Services after notice of such modification constitutes User’s acceptance of such modification. Any modifications to this Agreement by User must be made in a writing executed by both parties. Failure of Glidepath to enforce any of the provisions of this Agreement shall not be construed as a general relinquishment or waiver as to that or any other provision. If any provision of this Agreement is held invalid, it shall be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remainder of this Agreement will continue in full force and effect. User’s relationship with Glidepath will be that of an independent contractor and nothing in this Agreement will be deemed to constitute either party as the other’s partner, joint venturer, representative, agent or employee for any purpose. The User may not resell, assign or transfer any of its rights hereunder without Glidepath’s prior written consent, and any such attempt is void. All notices or approvals under this Agreement shall be directed to Glidepath at: 8766 South Street, Suite 220, Fishers, IN 46038, and to User at the billing address, email or other contact information provided in the Account Interface or order, or as may be revised in writing from time to time. Notices sent by email will be deemed received when sent. This Agreement, together with any appendices attached hereto and the information submitted by User in the Account Interface or order, is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. Any conflicting or additional terms contained in any other documents (e.g. purchase orders, confirmations, etc.) or oral discussions are void.