Mobile Terms of Use

Last Updated: June 14, 2019
 
1. ACCEPTANCE
 
The Robert Half mobile application, together with any materials and services available therein, and successor application(s) thereto, (the “App”), which is owned and made available by Robert Half International Inc. and its subsidiaries (“Robert Half” or “we” or “us”). These terms of service (“Terms”) state the terms and conditions governing your use of and access to the App and constitute a legally binding contract between you and Robert Half. These Terms incorporate any additional terms and conditions posted by Robert Half through the App, or otherwise made available to you by Robert Half.
PLEASE REVIEW THESE TERMS CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE APP CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS, THEN YOU MUST NOT USE OR ACCESS THE APP.
We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms in the App. Any such changes will not apply to any dispute between you and us, which arose prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes.
The “Last Updated” legend above indicates when these Terms were last changed. Any changes will become effective when we post the revised Terms on the App. Your use of the App following these changes means that you accept the revised Terms. We may, at any time and without liability, modify or discontinue all or part of the App (including access to the App via any third-party links); or offer opportunities to none, some, or all App users.

Robert Half Direct is an online tool within the App that allows Robert Half Direct customers to connect with candidates seeking full-time employment. If you elect to utilize the Robert Half Direct functionality within the App, you agree to the Robert Half Direct Terms of Service located here. If you do not accept the Robert Half Direct Terms of Service, then you must not use or access the Robert Half Direct functionality within the App.

In addition, Robert Half is not a law firm and does not provide legal representation. Robert Half project attorneys do not constitute a law firm among themselves.

 
2. ELIGIBILITY
 
By using the App, you affirm that you are of legal age to enter into these Terms. If you are an individual accessing or using the App on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the App and to any such Organization.
The App is controlled or operated (or both) from the United States, and is not intended to subject Robert Half to any non-U.S. jurisdiction or law other than Canada in the event you are utilizing the App in Canada. The App may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the App is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the App’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
 
3. LICENSE
 
Subject to and conditioned on your compliance with these Terms, Robert Half grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the App, and to download copies of the materials that we make available for download on the App, in each case solely for your personal, non-commercial, non-competitive use.
The App, including all content, information, and materials incorporated into or made available through the App, is the exclusive property of Robert Half or its third-party suppliers, and is protected by U.S. and international law. You agree not to access or use the App, or any content, information, or materials incorporated into or made available through the App, except as expressly permitted under these Terms.
All trademarks, service marks, and logos displayed in the App (the “Marks”) are the exclusive property of Robert Half or their respective third-party owners. Except for your right to view Marks on our App, you are not granted any rights to the Marks. Nothing in the App grants, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the App.
 
4. USER SUBMITTED MATERIALS
 
The App includes functionality to enable you to upload your resume and/or other employment- and career-related information, and may also enable you to submit comments and materials through interactive features such as message boards and other forums, as well as chatting, commenting, and other messaging functionality (all such resume, information, comments, and materials are “Submitted Materials”). For clarity, you retain ownership of your Submitted Materials. You hereby grant Robert Half a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submitted Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).The App also includes functionality to allow you to save some job searches on your mobile device and track the job application status of jobs you apply for. If you save job searches or other information within the App, then you authorize use of some storage space on your device for said saved job searches or other information.
If you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the App or otherwise, such Feedback will be deemed the property of Robert Half, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Robert Half under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submitted Materials, and your provision thereof through and in connection with the App, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
Robert Half may (but has no obligation to) screen, monitor, evaluate and remove any Submitted Materials at any time and for any reason, or analyze your access to and use of the App. We may disclose information regarding your access to and use of the App, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
For clarity, certain information that you provide to Robert Half through the site may also be governed by Robert Half’s Privacy Policy (the “Privacy Policy”) located here. You represent and warrant that any information you provide in connection with the App is and will remain accurate and complete, and that you will maintain and update such information as needed.
 
5. RULES OF CONDUCT
 
In connection with the App, you agree NOT to:
• Post, transmit or otherwise make available through or in connection with the App any materials that are or may be: (a) false, inaccurate, threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
 
• Post, transmit or otherwise make available through or in connection with the App any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
 
• Use the App for the purpose of gaining a competitive advantage for any competitor of Robert Half (including but not limited to any employment agency, temporary personnel service business, or other staffing services business), or for any purpose that is fraudulent or otherwise tortious or unlawful.
 
• Harvest or collect information about users of the App.
 
• Interfere with or disrupt the operation of the App or the servers or networks used to make the App available, including by hacking or defacing any portion of the App; or violate any requirement, procedure or policy of such servers or networks.
 
• Restrict or inhibit any other person from using the App.
 
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the App except as expressly authorized herein.
 
• Reverse engineer, decompile or disassemble any portion of the App, except where such restriction is expressly prohibited by applicable law.
 
• Remove any copyright, trademark or other proprietary rights notice from the App.
 
• Frame or mirror any portion of the App, or otherwise incorporate any portion of the App into any product or service.
 
• Systematically download and store App content.
 
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather App content, or reproduce or circumvent the navigational structure or presentation of the App, without Robert Half’s express prior written consent.
 
6. ACCOUNT AND PASSWORD
 
You need to register for an account to use all or portions of the App. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. You, and not Robert Half, are responsible for any use or misuse of your user name or password. In particular, it is your sole responsibility to (a) maintain the confidentiality of your account login and password; (b) frequently update and revise your password; and (c) promptly notify Robert Half if there is any unauthorized use of your account or any breach of security.
We will be entitled to assume that anyone logging into your account using your user name and password is either you or someone logging in with your permission. If you fail to keep your user name and password confidential, or if you share your user name and password with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this. We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or using our App and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
You understand that if you delete your account or the App from your device, or if we delete your account in accordance with these Terms, you may lose access to any data previously associated with your account (including, without limitation, your job applications and work history.
 
7. THIRD-PARTY MATERIALS
 
The App may provide links to third-party websites (“Third-Party Materials”). Robert Half does not control, and is not responsible for, any Third-Party Materials and the availability of any Third-Party Materials on the App does not imply endorsement of, or affiliation with the provider of Third-Party Materials. Your use of Third-Party Materials is at your own risk.
 
8. INDEMNIFICATION
 
You agree to indemnify, defend, and hold harmless Robert Half, and its affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable attorneys’ fees) arising out of or relating to your access to or use of, or activities in connection with, the App (including any Submitted Materials), or your violation or alleged violation of these Terms or the Privacy Policy or the Robert Half Direct Terms of Service for Candidates. Notwithstanding the foregoing, you may not enter into a settlement of a claim that involves a resolution other than one consisting solely of a monetary settlement, without our prior written consent. This indemnity obligation shall survive the termination of these Terms.
 
9. DISCLAIMER
 
THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND ROBERT HALF EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APP TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.
While we try to maintain the timeliness, integrity and security of the App, we do not guarantee that the App is or will remain updated, complete, correct or secure, or that access to the App will be uninterrupted. The App may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the App.
Further, without limiting the foregoing, Robert Half (a) does not guarantee that you will receive any employment or job offers through the App; (b) will not be responsible for any employment offers or listings, employment screenings, employment decisions, or actual employment presented by third parties; (c) is neither your employer nor your agent based solely on your usage of the App; (d) does not guarantee the App will remember your job searches; and (e) does not guarantee the functionality of the App. You must use your own judgment in evaluating any prospective employers and any Third-Party Materials. You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using the App.
 
10. LIMITATION OF LIABILITY
 
YOU AGREE THAT ROBERT HALF WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY. YOU FURTHER AGREE THAT ROBERT HALF WILL ALSO NOT BE LIABLE FOR ANY DAMAGES FOR LOSS OF PROFITS OR WAGES, USE, OR DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMITTED MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT ROBERT HALF WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE APP OR FROM ANY THIRD-PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APP IS TO STOP USING THE APP. THE MAXIMUM AGGREGATE LIABILITY OF ROBERT HALF FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE $100.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
 
11. TERMINATION
 
Robert Half may terminate or suspend your access to the App at any time, with or without cause or notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, (a) your right to access and use the App will immediately cease; (b) Robert Half may immediately deactivate or delete your user name, password and account; (c) Robert Half will be under no obligation to maintain any materials associated with your account (including Submitted Materials), and may retain and use or delete such materials in Robert Half’s sole discretion; and (d) except for the license granted to you to access and use the App, the remaining provisions of these Terms will survive and continue in effect.
 
12. GOVERNING LAW; JURISDICTION
 
These Terms are governed by and will be construed in accordance with the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in Santa Clara County, California, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
 
13. INFORMATION OR COMPLAINTS
 
If you have a question or complaint or otherwise wish to notify us regarding the App, please send an e-mail to [email protected]. You may also contact us by writing to Webmaster, Robert Half International Inc., 2884 Sand Hill Road, Suite 200, Menlo Park, California 94025. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
 
14. GENERAL
 
These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Robert Half. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms will be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, constitute the entire agreement between you and Robert Half relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Robert Half relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the App or sent to the contact information you provided (e.g. by e-mail (including in each case via links) or by regular mail). Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Robert Half will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

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