Smart recruiting software

Terms of Service

 

The newtonsoftware.com website is a service of Gravity Technologies dba Newton® (“Newton®”). By accessing and using the newtonsoftware.com web site (the “Service”), you agree to be bound by the following terms and conditions of service (the “Terms”) and any changes to the Terms that Newton® may publish from time to time. Should there be a change in Terms, Newton will notify you 30 days prior to the scheduled change.

 

Content and Customer Data. Content is defined as any and all information you add to the service. Customer Data is defined as resumes added to the service. You understand and agree that Newton® cannot be responsible for your Content, your Customer Data, or the validity of the Content or Customer Data posted by anyone on the Service and that you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

 

Users and Access.

• You must provide your full legal name, a valid email address and any other information requested in order to complete the signup process.
• Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you would like. Newton reserves the right to revoke or suspend any User and Access without refund if it has reason to believe that a violation of these Terms has occurred.
• You are responsible for maintaining the security of your account and password to prevent and restrict the access and use of the Services, your Content and Customer Data from unauthorized individuals. Newton cannot and will not be liable for any loss or damage from your failure to comply with this security obligation, and you agree to indemnify and hold harmless Newton®, its officers, directors, shareholders, managers, employees and agents, and defend any action brought against same with respect to any claim arising from its failure to comply with this provision.
• You are responsible for all Content posted and activity that occurs under your account.
• One company or legal entity may not maintain more than one free account.
• You may not use the Service for any illegal or unauthorized purpose. You further agree to comply with all laws and regulations applicable to your jurisdiction.
• As a condition of your use of the Service, you warrant to Newton® that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. Excessive or improper use will result in loss of user access without refund and may also result in legal action.

 

Payment, Refunds, Upgrading and Downgrading Terms.

1. A valid credit card including security code is required to activate and maintain all accounts, including free trials.
2. If you initially sign up for a Basic, Plus, or Premium account, and you do not cancel that account within thirty (30) days, you will be billed monthly starting on the 30 th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30 th day, you will not be charged.
3. An upgrade from any free trial plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
4. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
6. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
7. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Newton® does not accept and you agree to waive any liability for such loss.

 

Cancellation and Termination.

1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is considered valid communication for cancellation.
2. Newton® will make available to you a file of your Customer Data (resumes) within 30 days of termination if you so request at the time of termination, as long as you are a paying customer in good standing at the time of cancellation.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect at the end of that month, and you will not be charged again.
4. Newton®, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Newton® service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.

 

Modifications to the Service and Prices.

1. Newton® reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon thirty (30) days notice from us. Such notice may be provided at any time by posting the changes to the Newton® Software Site ( http://www.newtonsoftware.com/pricing.html ) or the Service itself or via email.
3. Newton® shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

Proprietary Rights.

1. Your Proprietary Rights. Your Content and Customer Data shall remain your sole and exclusive property, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights. Nothing in this Agreement shall be construed to grant Newton® any ownership right in, or license to your Content and Customer Data. You hereby grant to Newton a license to use your Content and Customer Data as necessary to render the Services under this Agreement. We claim no intellectual property rights over the material you provide to the Service. Newton® does not own any data, information or material that you submit to the Service in the course of using the Service. You, not Newton®, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, intellectual property ownership or right to the use of all Customer Data.
2. Proprietary Rights of Newton. All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by Newton or its suppliers under this Agreement, and any know-how, methodologies, equipment, or processes used by Newton to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto (collectively "Newton Materials") shall remain the sole and exclusive property of Newton or its suppliers. The look and feel of the Service is copyright©2009 Newton® Software, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS /FLASH or visual design elements without express written permission from Newton®

 

Disclaimers.

NEWTON® PROVIDES THIS SITE AND THE RESOURCES CONTAINED THEREIN “AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Newton® does not warrant that (i) the service will meet your specific requirements; (ii) the service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the Service will be corrected.

 

Limitation of Liability.

Your Use Of This Service Is At Your Own Risk And On An As-Is And As-Available Basis. You Expressly Understand And Agree That Newton® And Its Officers, Directors, Shareholders, Managers, Employees, Affiliates, Agents, And Contractors Shall Not Be Liable For Any Direct, Indirect, Incidental, Special, Consequential Or Exemplary Damages, Including But Not Limited To, Damages For Loss Of Profits, Goodwill, Use, Business Interruption, Equipment Damage, Lost Or Corrupt Data Or Other Intangible Losses Resulting From: (i) The Use Or The Inability To Use The Service; (ii) The Cost Of Procurement Of Substitute Goods And Services Resulting From Any Goods, Data, Information Or Services Purchased Or Obtained Or Messages Received Or Transactions Entered Into Through Or From The Service; (iii) Unauthorized Access To Or Alteration Of Your Transmissions Or Data; (iv) Statements Or Conduct Of Any Third Party On The Service; (v) Or Any Other Matter Relating To The Service

 

Indemnity.

You agree to indemnify and hold Newton® and its officers, directors, shareholders, managers, employees, affiliates, agents, and contractors harmless from any claim or demand made by any third party arising out of your use or misuse of the Service, whether or not such use violates these Terms.

 

Impermissible Use.

1. You agree not to modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Newton®, or any other Newton® service.
2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Newton®.

 

General Conditions.

1. Updates to Terms of Service. Newton ® reserves the right to update and change the Terms of Service from time to time with 30 days of written notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.newtonsoftware.com/terms.html
2. Governing Law, Jurisdiction, and Dispute Resolution. By accessing the Site, you agree that all matters relating to your access to, or use of the Site shall be governed by the laws of the State of California, and that you consent to the jurisdiction and venue of the federal and state courts sitting in San Francisco, California. The party substantially prevailing at any subsequent proceeding (including without limitation trial, appellate, and arbitration proceedings) will be entitled to recover all related costs and expenses, including attorney’s fees. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
3. Relationship of the Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Newton Software, Inc.™ as a result of the Terms or use of the Site.
4. Technical Support. Technical support is only provided to paying account holders.
5. Third-Party Vendors. You understand that Newton® uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
6. Adaption to Technical Requirements. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. No Waiver of Rights. The failure of Newton® to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Newton® and govern your use of the Service, superseding any prior agreements between you and Newton® (including, but not limited TO, ANY PRIOR VERSIONS OF THE TERMS OF Service).
8. Entire Agreement, Severability. The Terms incorporate by reference any Notices contained on the Site and constitute the entire agreement with respect to your access to and use of the Site and Resources. If any provision of the Terms is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. Failure by a Party to insist on enforcement of any provision of the Terms will not affect the validity or enforceability, or be a waiver of future enforcement, of any provision of the Terms.
9. Questions. Questions about the Terms of Service should be sent to sales at newtonsoftware.com.