Terms of Service

Terms of Service Agreement for AutoMentor Candidate Search Service

This Agreement ("Agreement") is entered into between You, the client, and AutoMentor Candidate Search Service ("AutoMentor"), a company incorporated under the laws of California

1. Scope

This Agreement governs Your use of our candidate search service ("Service"). By using the Service, you agree to comply with all terms and conditions set forth herein.

2. Service Provision

AutoMentor provides a platform that enables employers to connect with potential candidates for job vacancies. AutoMentor is not involved in the actual hiring decision or transaction between employers and job seekers and is not responsible for any actions taken by any party. AutoMentor acts merely as a conduit for information and does not participate in the hiring process.

3. Role of AutoMentor

AutoMentor screens potential candidates to a reasonable extent and provides what it deems to be "qualified" candidates. However, AutoMentor is NOT a hiring entity. We act solely as an intermediary between job openings and candidate resumes. It is IMPERATIVE that clients perform their own detailed background checks and consider each candidate individually based on their merits and job experience. AutoMentor disclaims all responsibility for any actions taken by job candidates or employers.

Furthermore, AutoMentor explicitly clarifies that we bear no responsibility for the outcome of the hiring process, including but not limited to the number of interviews conducted, the number of candidates hired, the licensing status of agents, or any other specific outcomes desired by the client after the delivery of candidates. Our role is limited to facilitating the initial connection between employers and potential candidates, and we do not guarantee or assume any liability for subsequent employment-related decisions or results. Clients are solely responsible for their hiring decisions and any related outcomes.

4. Non-Discrimination Policy

AutoMentor is an equal opportunity entity and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, or any other status protected by law. This policy extends to all aspects of our Service, including but not limited to, candidate selection, job assignment, compensation, discipline, termination, and access to benefits and training.

5. Indemnification

By using our Service, you agree to indemnify, defend and hold harmless AutoMentor, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

- i. Your use of and access to the Service;- ii. Your violation of any term of this Agreement;- iii. Your violation of any third party right, including without limitation any copyright, property, or privacy right;- iv. Any claim that your use of a candidate provided by the Service caused damage to a third party;- v. Any actions you take based on information or content provided by the Service.

6. Disclaimer of Warranties

AutoMentor makes no representations about the reliability, timeliness, suitability, or accuracy of the Service or any candidate information made available through the Service, and all such information and Services are provided on an "as is" and "as available" basis.

7. Limitation of Liability

In no event shall AutoMentor, its officers, directors, employees, or agents be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortious action, or arising out of or in connection with the use or inability to use this Service.

8. Modification of Terms

AutoMentor reserves the right to change these terms and conditions at any time without prior notice. You are responsible for regularly reviewing these terms and conditions.

9. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA. Any disputes arising out of or related to this Agreement or the Service will be subject to the jurisdiction of the courts of the State of California, USA.

10. Upload of ContactsUsers are strictly prohibited from uploading their own contacts to the Service without explicit permission from AutoMentor. This is due to our inability to ensure compliance with the Do Not Call List (DNC) and the Telephone Consumer Protection Act (TCPA) guidelines. Uploading unauthorized contacts may result in immediate account termination. If you wish to manually add contacts, please contact AutoMentor for consideration.

11. Notice of CancellationUsers wishing to cancel their subscription or service must provide AutoMentor with a written notice at least 21 days in advance. Failure to do so will render the user liable for any work performed by AutoMentor during that period.

12. Refund PolicyAll sales are final, and no refunds will be provided under any circumstances.

13. Refundable DepositAll accounts are subject to a refundable deposit amounting to 50% of the first month's subscription cost. This deposit can be used to cover the final days/weeks of service upon account cancellation, but a written request must be submitted no later than 21 days before the account's scheduled renewal. This is to ensure clarity and prevent any disputes about the use of the deposit.

14. Account Setup and PaymentUpon receiving the initial refundable deposit, AutoMentor will commence the account setup process. However, before the initiation of candidate delivery, the full payment for a month of services must be completed. This amount is separate and distinct from the refundable deposit mentioned earlier.

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15. Data Privacy and Security

AutoMentor is dedicated to upholding the privacy and security of user data in compliance with California's stringent data privacy laws. When you opt to use our Service, you acknowledge and consent to AutoMentor's data collection, storage, and processing practices, all of which are conducted in strict adherence to our Privacy Policy. Our dedication to protecting your sensitive information is unwavering.

In accordance with California's data breach notification laws, in the event of any data breach or unauthorized access originating from our end, AutoMentor will make every effort to address the situation promptly and effectively. We are committed to taking the necessary actions to mitigate any potential harm caused. Furthermore, AutoMentor acknowledges its obligation to comply with applicable California data breach notification laws regarding compensation to affected parties.

16. Service Interruptions

AutoMentor recognizes the importance of providing uninterrupted access to our Service. While we strive to maintain seamless operations, occasional service interruptions or downtime may occur due to technical issues or maintenance requirements. In the event of such interruptions or downtime caused by AutoMentor's infrastructure or negligence, AutoMentor shall take prompt measures to restore the Service to full functionality. However, AutoMentor shall not be held liable for any resulting damages or losses incurred by users.

17. Dispute Resolution

AutoMentor is committed to resolving disputes in a fair and equitable manner. In the event of any dispute or disagreement arising out of or related to this Agreement or the Service, both parties agree to participate in mandatory mediation or arbitration. If these methods fail to produce a resolution, either party may pursue legal action. AutoMentor reserves the right to choose the jurisdiction for resolving disputes, which shall be the State of California. In the event that AutoMentor prevails in any legal dispute, AutoMentor shall be entitled to recover all legal fees and expenses incurred during the dispute from the opposing party.

18. Termination

AutoMentor and clients have the right to terminate this Agreement under certain circumstances as outlined in this Agreement. In the event of termination, AutoMentor may be entitled to compensation for services rendered up to the point of termination, as well as any additional costs incurred as a result of the termination, such as data retrieval or account closure procedures. AutoMentor will make reasonable efforts to mitigate these costs, but the client shall bear the responsibility for covering these expenses.

19. Intellectual Property

Ownership of any intellectual property created or developed during the engagement between AutoMentor and the client shall be as determined in a separate agreement, if applicable. In the absence of such an agreement, AutoMentor shall retain all rights and ownership of any custom algorithms, software features, or other intellectual property developed during the engagement. The client acknowledges and agrees that AutoMentor is the sole beneficiary of any intellectual property rights.

20. Confidentiality

Both AutoMentor and the client understand the importance of maintaining the confidentiality of information exchanged during the engagement. All parties agree not to disclose any confidential information to third parties without the express written consent of the disclosing party. 

21. Force Majeure

AutoMentor and the client recognize that unforeseeable events, including but not limited to natural disasters, acts of terrorism, or other force majeure events, may excuse non-performance under this Agreement. In such cases, neither party shall be held liable for damages or losses resulting from the inability to fulfill contractual obligations due to these exceptional circumstances. 

22. Compliance with Applicable Laws

Clients are required to adhere to all applicable laws and regulations when using AutoMentor's Service. AutoMentor does not assume responsibility for any legal consequences resulting from clients' non-compliance with relevant laws. 

23. Subcontracting

AutoMentor reserves the right to subcontract any part of the Service to third parties. In such cases, AutoMentor will ensure that the third-party service providers comply with the terms of this Agreement and any applicable laws.

24. Insurance

Clients may be required to maintain adequate liability insurance coverage to protect against potential claims or liabilities that may arise from their use of AutoMentor's Service. 

25. Legal Fees

In the event of a legal dispute, the prevailing party shall be entitled to recover all legal fees and expenses incurred during the dispute from the opposing party.

26. Contact

If you have any questions about these Terms, please contact us at (864) 551-4297 or Support@automentor.app

By using the Service, you acknowledge that you have read and agree to be bound by this Agreement.