AgHires Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and AgHires, a division of Agprovise, LLC ("AgHires," "we," "our," or "us"), and govern your access to and use of the AgHires job board platform, websites, accounts, messaging tools, content, applications, and related services (collectively, the "Services"). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

AgHires may update these Terms at any time. Continued use of the Services following publication of updated Terms constitutes acceptance of those changes.

2. Eligibility and Authority

Users must be at least 18 years old, or the age of majority in their jurisdiction, to create an Employer account or use paid Services. Job Seekers under 18 may use the Services only with appropriate parental or guardian consent and only where permitted by AgHires and applicable law.

If you create an account, purchase Services, post jobs, submit content, or otherwise use the Services on behalf of an Employer, company, organization, recruiting firm, agency, or other entity, you represent and warrant that you have authority to act on behalf of and bind that entity to these Terms.

3. Definitions

Employer means any organization, recruiter, hiring manager, agency, representative, or other entity using the Services to advertise employment opportunities, evaluate applicants, communicate with Job Seekers, or purchase Services.

Job Seeker means any individual using the Services to search for employment opportunities, submit applications, upload resumes, create profiles, or communicate with Employers.

Candidate Information means resumes, applications, profiles, communications, contact information, and related information submitted by or about Job Seekers.

User Content means any content, information, data, text, materials, postings, resumes, profiles, communications, graphics, links, or other materials submitted, uploaded, transmitted, or made available by Employers, Job Seekers, or other users.

Services means all job board products, subscriptions, postings, candidate sourcing services, outreach services, messaging tools, employer branding products, account tools, communications, websites, applications, and related offerings made available through the platform.

4. Description of Services

AgHires operates an online employment marketplace and hiring technology platform. Services may include job postings, featured jobs, employer branding, applicant management tools, candidate sourcing, candidate outreach, applicant generation, candidate communications, and related hiring support services.

Certain features may be offered only through specific packages, subscriptions, promotions, pilot programs, or future product offerings.

5. Separate Recruiting and Executive Search Services

AgHires may provide executive search, recruiting, sourcing, consulting, and talent acquisition services pursuant to separate written agreements.

These Terms govern only the job board platform and related website services. Any recruiting, executive search, consulting, sourcing, or placement services provided under a separate agreement shall be governed exclusively by that agreement.

In the event of a conflict between these Terms and a separate written agreement, the separate written agreement shall control.

6. No Legal Advice

AgHires does not provide legal advice. Employers are solely responsible for complying with all applicable employment, labor, privacy, pay transparency, wage disclosure, anti-discrimination, immigration, consumer protection, communications, recordkeeping, and related laws and regulations.

7. Employer Responsibilities

Employers are solely responsible for the accuracy, legality, completeness, and compliance of all job postings, compensation disclosures, application requirements, screening questions, communications, hiring criteria, external application processes, and hiring-related content.

Employers represent and warrant that all information submitted to the Services is truthful, current, non-misleading, related to bona fide employment opportunities, and compliant with applicable laws.

Employers are solely responsible for all hiring, interviewing, selection, rejection, compensation, background check, assessment, onboarding, employment, and other employment-related decisions and actions.

8. Job Description Assistance and Pay Transparency

Where AgHires assists in drafting, editing, formatting, optimizing, promoting, or posting job advertisements, Employers remain solely responsible for reviewing and approving all content prior to publication.

Where AgHires assists in posting advertisements, Employers remain solely responsible for ensuring compensation disclosures are accurate and compliant with applicable pay transparency laws, including for remote and hybrid positions.

9. Candidate Sourcing and Outreach Services

Certain packages include candidate sourcing, outreach, promotion, applicant generation, and marketing services.

Unless expressly stated otherwise in writing, such services are provided on an effort basis only. AgHires does not guarantee a specific number of views, applicants, qualified applicants, interviews, candidate responses, or hires.

10. No Endorsement; No Employment Relationship

AgHires does not endorse, verify, recommend, or guarantee any Employer, Job Seeker, job posting, resume, application, candidate, opportunity, compensation information, communication, third-party service, or User Content.

AgHires is not an employer, joint employer, staffing agency, professional employer organization, or agent of any Employer or Job Seeker by virtue of providing the Services. AgHires is not responsible for employment decisions, offers, rejections, negotiations, workplace conditions, compensation, benefits, tax treatment, worker classification, or employment relationships between Employers and Job Seekers.

11. Prohibited Uses

Users may not use the Services to post, transmit, promote, solicit, collect, or facilitate unlawful, fraudulent, misleading, discriminatory, deceptive, infringing, abusive, harassing, hateful, sexually explicit, unsafe, or non-bona fide content or employment opportunities.

Without limitation, users may not: post fake jobs, resume-harvesting opportunities, phishing attempts, identity-theft schemes, pyramid schemes, multi-level marketing opportunities, franchise or distributorship opportunities, business opportunities requiring upfront payment, or opportunities that are misleading as to compensation, employment status, work location, duties, or requirements; submit false resumes, applications, profiles, qualifications, or identity information; use Candidate Information for any purpose other than evaluating candidates for legitimate employment opportunities; scrape, crawl, harvest, copy, resell, redistribute, or misuse platform data or Candidate Information; upload malware, tracking tools, spyware, viruses, or harmful code; interfere with platform operations or security; attempt unauthorized access; impersonate any person or entity; infringe intellectual property, privacy, publicity, or other rights; or use the Services for any unlawful purpose.

12. Job Seeker Accounts

Job Seekers are responsible for maintaining accurate information and ensuring that submitted resumes, profiles, applications, and communications are truthful, current, and not misleading.

AgHires does not guarantee interviews, employment opportunities, offers, compensation, hiring outcomes, or the accuracy or legitimacy of Employer communications, postings, or external application processes.

13. Candidate Information and Resume Access

Employers may access resumes, applications, communications, and candidate information submitted to their own job postings.

AgHires may maintain broader candidate databases, talent pools, and records for internal business purposes and service offerings. Unless expressly authorized through a separate product or agreement, Employers are not granted direct access to browse or search broader AgHires candidate databases.

AgHires reserves the right to offer resume search functionality and related products in the future under separate terms.

14. Communications Through the Services

Employers and Job Seekers may communicate through the Services. AgHires does not monitor, verify, endorse, or guarantee communications between users and is not responsible for outcomes arising from such communications.

Users are responsible for the content, legality, timing, and consequences of their communications, including communications sent through the Services or through third-party systems linked from the Services.

15. AgHires Service and Marketing Communications

By creating an account, submitting information, purchasing Services, applying to jobs, or otherwise using the Services, users consent to receive service-related communications from AgHires, including account notices, transactional messages, security alerts, service updates, job alerts, application-related messages, and administrative communications.

AgHires may also send marketing or promotional communications where permitted by law. Users may opt out of marketing communications as provided in those communications, but may continue to receive service-related or transactional messages. Any SMS, text message, or automated communication programs, if offered, may be subject to additional consent terms or disclosures.

16. User Content License

Users retain ownership of their User Content but grant AgHires a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, display, reproduce, distribute, transmit, adapt, modify, process, analyze, store, and otherwise use such content as necessary to operate, provide, promote, protect, and improve the Services and related business offerings.

17. Account Security

Users are responsible for maintaining the confidentiality of account credentials and for all activities occurring through their accounts. Users shall promptly notify AgHires of suspected unauthorized access.

AgHires is not responsible for losses arising from a user's failure to maintain account security, use accurate contact information, or promptly update compromised credentials.

18. Data Retention, Backup, and Data Loss

Users are responsible for maintaining backup or archival copies of any User Content, job postings, applications, resumes, communications, reports, or other materials they submit to or access through the Services.

AgHires may retain, delete, archive, modify, migrate, or remove data in accordance with its business practices, Privacy Policy, legal obligations, and applicable product functionality. To the maximum extent permitted by law, AgHires is not responsible for loss, deletion, corruption, unauthorized access, alteration, or failure to store any User Content, Candidate Information, communications, or other data.

19. Third-Party Websites, Services, and External Application Processes

The Services may contain links, integrations, redirects, or references to third-party websites, employer career pages, applicant tracking systems, assessment tools, background check providers, social media platforms, payment processors, analytics providers, or other third-party products or services.

AgHires does not control and is not responsible for third-party websites, systems, content, policies, practices, availability, security, accuracy, or performance. Users access and use third-party services at their own risk and may be subject to separate third-party terms and policies.

20. Intellectual Property

All platform content, trademarks, logos, software, databases, designs, graphics, interfaces, workflows, documentation, and related materials are owned by AgHires or its licensors and protected by applicable intellectual property laws.

Except as expressly permitted by AgHires, users may not copy, modify, reproduce, distribute, reverse engineer, create derivative works from, or exploit any portion of the Services or AgHires intellectual property.

21. Rights of Removal and Suspension

AgHires reserves the right, but not the obligation, to review, edit, reject, suspend, remove, disable, limit, or refuse any content, posting, account, user, feature, or Service in its sole discretion, including where AgHires believes content or conduct may violate these Terms, applicable law, third-party rights, platform integrity, user trust, or AgHires business interests.

AgHires may suspend or terminate access to paid or unpaid Services for suspected misuse, unlawful activity, nonpayment, chargebacks, security concerns, or violation of these Terms.

22. Privacy

Use of the Services is subject to the AgHires Privacy Policy, which is incorporated by reference into these Terms.

23. Fees, Billing, and Payment

Employers and other purchasers agree to pay all fees, charges, taxes, and other amounts associated with the Services they purchase or authorize. Unless otherwise expressly agreed in writing, fees are due in advance or upon invoice according to the applicable order, package, subscription, or payment terms.

AgHires may suspend, limit, or terminate Services for late payment, failed payment, disputed charges, chargebacks, credit concerns, or failure to comply with applicable payment terms. Users are responsible for any taxes, payment processing fees, collection costs, or expenses associated with amounts due, except to the extent prohibited by law.

Subscriptions, renewals, credits, promotional packages, and unused posting or service balances may be subject to additional written terms, package descriptions, order forms, or policies.

24. Service Modifications and Refunds

AgHires may modify, suspend, discontinue, or change any feature, package, subscription, pricing model, or service offering at any time.

Except as otherwise expressly provided in writing, fees paid to AgHires are non-refundable.

25. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AGHIRES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, RELIABILITY, AND UNINTERRUPTED OPERATION.

AGHIRES DOES NOT GUARANTEE HIRING OUTCOMES, VIEWS, APPLICANT VOLUME, CANDIDATE REACH, CANDIDATE QUALITY, CANDIDATE RESPONSE, JOB SEEKER INTEREST, EMPLOYER LEGITIMACY, JOB POSTING ACCURACY, THIRD-PARTY SERVICE PERFORMANCE, OR UNINTERRUPTED OPERATION OF THE SERVICES.

26. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGHIRES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOST DATA, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR COSTS OF SUBSTITUTE SERVICES.

AGHIRES' AGGREGATE LIABILITY SHALL NOT EXCEED THE FEES PAID TO AGHIRES FOR THE APPLICABLE SERVICE GIVING RISE TO THE CLAIM.

27. Indemnification

Users agree to indemnify, defend, and hold harmless AgHires, its affiliates, officers, directors, employees, contractors, and agents from claims, liabilities, damages, losses, and expenses arising from or related to use of the Services, User Content, Candidate Information, communications, postings, employment decisions, third-party services, nonpayment, or violations of these Terms or applicable law.

28. Force Majeure

AgHires shall not be liable or responsible for any delay, failure, interruption, loss, or inability to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, fires, floods, epidemics, pandemics, war, terrorism, civil unrest, labor disputes, governmental actions, power failures, telecommunications or internet failures, hosting provider failures, cyberattacks, third-party service disruptions, or other events beyond AgHires' reasonable control.

29. Electronic Consent

By creating an account, checking a box, clicking "I Agree," submitting information, purchasing Services, applying to jobs, or otherwise using the Services, users consent to transact electronically and agree that electronic records, signatures, notices, and communications satisfy legal writing and signature requirements.

30. Arbitration and Class Action Waiver

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in Michigan. Users waive the right to participate in class actions or class arbitrations to the fullest extent permitted by law.

If any portion of this arbitration or class action waiver provision is found unenforceable, the remaining portions shall remain in effect to the fullest extent permitted by law.

31. Limitation Period for Claims

To the fullest extent permitted by law, any claim, action, or proceeding arising out of or relating to these Terms or the Services must be filed within one year after the event giving rise to the claim occurred, or such claim will be permanently barred. This provision does not apply where prohibited by law.

32. Governing Law and Venue

These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-law principles. Any matter not subject to arbitration shall be brought exclusively in state or federal courts located in Wayne County, Michigan, and users consent to the personal jurisdiction and venue of those courts.

33. Severability, Survival, and Entire Agreement

If any provision is found unenforceable, remaining provisions remain in effect. Provisions intended to survive termination shall survive, including provisions relating to ownership, payment obligations, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, venue, and any rights or obligations that by their nature should survive.

These Terms constitute the entire agreement governing use of the job board platform unless superseded by a separate written agreement.

34. Contact Information

AgHires
P.O. Box 706
Lambertville, MI 48182
info@aghires.com
844-244-4737