This document details the terms of a legal agreement (the “Terms of Use”) between the individual or legal entity using the Services (“you” “your”) and Bullhorn, Inc. (“Bullhorn”). By accessing this website (“Website”) or using the software, mobile apps or related services (the “Services”) you acknowledge that you have read and understood the Terms of Use and, having read and understood the Terms of Use, you voluntarily agree to be bound by the Terms of Use. Bullhorn and you may be referred to in these Terms of Use individually as a “party” and collectively as the “parties.”
If you do not agree with the Terms of Use, then you may not use this Website or the Services.
Situs:
The Services and the Website are controlled and operated by Bullhorn primarily from within the United States of America. Visitors who choose to visit this Website or use the Services from this or other jurisdictions do so on their own initiative. You are solely responsible for compliance with all applicable federal, state, local and foreign laws, rules and regulations applicable to you in connection with your use of this Website or the Services.
Data Privacy and Processing:
To know what privacy measures Bullhorn has taken and what information we retain and use from your use of the Services or visit to the Website, please read our Privacy Policy, posted at https://www.bullhorn.com/privacy/ which is incorporated herein by reference (the “Privacy Policy”). You hereby accept and agree to be bound and abide by the Privacy Policy. If you do not agree to the Privacy Policy, you may not access or use the Website or Services.
You acknowledge and agree that with respect to any personal data and other information that you elect to share with third-parties, including without limitation, Bullhorn Customers, those third-parties are the data controller (as the term is defined in Data Privacy Laws) and Bullhorn is the data processor (as the term is defined in Data Privacy Laws). When you elect to share Your Data with third-parties, you hereby acknowledge and agree that Your Data may be passed between Bullhorn and the applicable third-party(ies). The parties agree that such third-parties are not processors (or sub-processors) of Bullhorn. All data subject access requests (“DSARS”) to those third-parties shall be made directly to the applicable third-party(ies).
AS PART OF YOUR USE OF THE SERVICE, YOU MAY ELECT TO HAVE YOUR DATA AND OTHER INFORMATION SHARED WITH BULLHORN THIRD-PARTY CUSTOMERS. YOU ACKNOWLEDGE AND AGREE THAT BULLHORN SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ACTIONS OR OMISSIONS OF BULLHORN THIRD-PARTY CUSTOMERS WHOM YOU ELECT TO SHARE YOUR DATA OR ANY OTHER INFORMATION THAT YOU ENTER, TRANSMIT, LINK, UPLOAD, OR OTHERWISE DISTRIBUTE ON OR THROUGH THE SERVICES. ALL REQUESTS FOR ACCESS, RECTIFICATION, PORTABILITY, ERASURE OR ANY OTHER REQUESTS TO BULLHORN CUSTOMERS WHOM YOU HAVE ELECTED TO SHARE YOUR DATA MUST BE MADE DIRECTLY TO THE APPLICABLE THIRD-PARTY CUSTOMER(S).
Change of Terms:
The Terms of Use may be changed by us by posting a new version on our Website. The updated, then-current version of the Terms of Use shall supersede and take precedence over all prior versions as of the date of last revision indicated in the applicable version (the “Effective Date”). Your continued use of the Services after the Terms of Use are changed indicates your acceptance of the new Terms of Use as of the Effective Date; provided, however, that if you have signed up for a paid subscription to a Service, the updated Terms of Use will apply upon the date of your next renewal. If you do not agree with the new Terms of Use, then discontinue your use of the Services or do not renew your Service, as applicable.
Alteration of Site:
Bullhorn may change, suspend or discontinue any feature, aspect, product or service available through the Website or the Services at any time. Bullhorn may alter the availability of any feature of the Services or service related to any feature of the Services at any time. Bullhorn may add, remove or modify any content of the Services, including that of third parties, at any time.
License Grant:
Subject to your compliance with these Terms of Use, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Website and the Services for the limited purpose of uploading, transmitting, or otherwise exchanging data with one or more Bullhorn Customers who have provisioned access to you through the creation of a username and password.
Limitation on Usage:
Bullhorn may limit your access to any part of the Website and Services without notice to you. Bullhorn may terminate your use of the Website and Services at any time.
Visitor On-line Conduct:
Links to and from Other Web Pages:
You may gain access to other websites via links on the Website or the Services. These Terms of Use apply to Bullhorn’s Website and Services only and do not apply to other parties’ websites. Similarly, you may have come to this Website via a link from another website. The terms of use of other websites do not apply to this Website. Only these Terms of Use apply to this Website and the Services. Bullhorn assumes no responsibility for any terms of use or material outside this Website or the Services accessed via any link to a third-party site or services.
Links to third party websites or information are not intended, and should not be interpreted by users, as constituting or implying Bullhorn’s endorsement, sponsorship or recommendation of the third-party information, or products or services found there.
Copyright, Trademark and Intellectual Property:
All information, content and material made available by Bullhorn through this Website or the Services, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings as well as any copyrights, trademarks, patents or other intellectual property or proprietary rights comprising the Services or any component or element of the Services (collectively, the “Content”) is owned by or licensed to Bullhorn. The compilation of the Content on the Services is the exclusive property of Bullhorn and its licensors and is protected by U.S. and international copyright law.
Bullhorn and its licensors retain all rights in the Content. The Content may not be modified, copied, distributed, downloaded, displayed, e-mailed, transmitted, performed or sold in any form or by any means, in whole or in part, without the prior written consent of the respective owner thereof.
Bullhorn grants you permission to display and print the publicly available portions of Content (other than the computer code comprising this Website or the Services) for your personal, non-commercial use only; provided, that, even if you display or print the Content as permitted hereunder, you may not modify, reproduce, transmit, distribute, publicly display or perform, or create derivative works from that Content and you must retain all copyright and other proprietary notices contained in or on the Content.
The Content may not be used in connection with any service or information that is not Bullhorn’s or in any manner that is likely to cause confusion among consumers or that disparages Bullhorn. The rights granted herein terminate automatically if you breach these Terms of Use. Upon termination of these rights, you must immediately destroy any Content you displayed or printed.
Bullhorn and all derivations thereof are trademarks of Bullhorn. Other marks used on the Services are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of Bullhorn and may not be used, copied or imitated without the prior written consent of Bullhorn.
Digital Millennium Copyright Act, Transmission of Third Party Content:
You represent and warrant that all the content, information or other materials that you enter, transmit, link, upload or other distribute in or through the Services is original or owned by you and does not infringe the intellectual property rights of any third-party. You may not enter, transmit, link, upload, or otherwise distribute in or through the Services anything protected by patent, copyright, trademark, trade secret, or other intellectual property or proprietary rights of any person or entity unless the owner of the applicable rights has given you express authorization.
Pursuant to the federal Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), Bullhorn designates our Legal Department to receive complaints and notices of suspected copyright infringements. If you believe that your work has been copied and is accessible in the Services in a way that constitutes infringement, you may notify Bullhorn by providing our Legal Department with the following information:
Bullhorn Inc. can be reached via e-mail at legal@bullhorn.com and by regular mail at Bullhorn Inc., 100 Summer Street 17th Floor, Boston, MA 02110, Attention: Legal Department.
You are prohibited from entering, transmitting, linking, uploading or other distributing on or through the Services any material that is illegal, misleading, defamatory, indecent or obscene, threatening, infringing of any third-party proprietary rights, invasive of personal privacy, or otherwise objectionable (collectively, “Objectionable Matter”). Bullhorn may, at its option, adopt rules for permitted and appropriate use and may update them from time to time in the Service or on the Bullhorn website. You will comply with all applicable laws regarding your access to and use of the Services, including laws involving data privacy and any applicable export controls. Bullhorn reserves the right to remove any data in the Services that constitutes Objectionable Matter or violates any Bullhorn rules regarding appropriate use, but is not obligated to do so.
You are prohibited from impersonating anyone else or passing yourself off as someone else including, without limitation, any Bullhorn employee or any public figure.
You are prohibited from using the Service to send Unsolicited Commercial Email (“UCE”) to any person. UCE includes any advertising or promotional email or other electronic communication that is sent by you, or at your direction, including but not limited to any “junk mail”, “chain letter” or “spam” or any other email transmission that violates any law prohibiting the transmission of spam or unsolicited communications.
Third Party Content:
The Website may offer weblogs, forums and other interactive areas where Website users post, transmit, link or upload content, information and other materials, or post opinions, and share ideas or other information. Bullhorn cannot and does not pre-screen, approve, or monitor the content, information and other materials posted, transmitted, linked or uploaded by Website users or other third parties. Bullhorn shall have the right, in its sole discretion, to refuse, delete or move any content, information or other materials available on or at the Website, and reserves the right to delete any posting, message or other content, information or materials at any time, for any reason or no reason.
Disclaimers:
THIS WEBSITE AND THE SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”. BULLHORN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THIS WEBSITE, THE SERVICES, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE OR THE SERVICES.
BULLHORN DOES NOT GUARANTEE THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION PROVIDED AT OR THROUGH THIS WEBSITE OR THE SERVICES (BY LINK OR OTHERWISE) AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM USE OF SUCH INFORMATION.
YOU AGREE THAT BULLHORN IS NOT RESPONSIBLE FOR AND CANNOT GUARANTEE AGAINST THE INTRODUCTION OF VIRUSES OR WORMS, OR UNAUTHORIZED USERS ATTEMPTING TO ACCESS, OR OBTAINING ACCESS TO THIS WEBSITE OR THE SERVICES OR YOUR COMPUTER OR OTHER SYSTEMS FROM OR THROUGH THIS WEBSITE OR THE SERVICES.
BULLHORN MAY TEMPORARILY OR PERMANENTLY SUSPEND ACCESS TO OR DISCONTINUE THIS WEBSITE OR THE SERVICES OR ANY PAGE OF THIS WEBSITE OR THE SERVICES AT ITS DISCRETION, AT ANY TIME, WITHOUT NOTICE. YOU AGREE TO VISIT THIS WEBSITE OR USE THE SERVICES SOLELY AT YOUR OWN RISK.
YOU AGREE THAT YOUR USE OF THIS WEBSITE AND THE SERVICES, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE OR THE SERVICES IS SOLELY AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THIS WEBSITE OR THE SERVICES WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR’S OR USER’S USE WILL BE CONTINUOUS AND/OR ERROR FREE. WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE OR THE SERVICES ARE ACCURATE, RELIABLE, OR CURRENT.
BULLHORN DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT IN RELATION TO THE CONTENT, INFORMATION, SERVICE OR PRODUCTS PROVIDED AT, THROUGH OR IN CONNECTION WITH THIS WEBSITE OR THE SERVICES.
Limitation of Liability:
NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS WEBSITE THE CONTENT OR THE SERVICES SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY: (A) INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES; AND (B) DIRECT DAMAGES IN EXCESS OF THE GREATER OF (I) THE FEES PAID BY YOU TO BULLHORN DURING THE PREVIOUS 12 MONTH PERIOD OR (II) $1000, IN EACH CASE ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE WEBSITE, CONTENT OR SERVICES, OR ANY OTHER HARM INCLUDING, BUT NOT LIMITED TO INJURY TO PROPERTY OR PERSON, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR THE SERVICES, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OUTSIDE OF OUR CONTROL, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, INTERNET FAILURE, UNAUTHORIZED ACCESS, THE COMPANY’S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS WEBSITE OR THE SERVICES. IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, BULLHORN’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION. IF YOUR USE OF THIS WEBSITE OR THE SERVICES OR THE CONTENT, INFORMATION, PRODUCTS OR SERVICES PROVIDED AT, THROUGH OR IN CONNECTION WITH THIS WEBSITE OR THE SERVICES OR ANY OTHER WEBSITE LINKED TO THIS WEBSITE OR SERVICES RESULTS IN ANY LOSS TO YOU, OR RESULTS IN THE NEED FOR ANY SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME RESPONSIBILITY FOR ALL SUCH LOSSES AND ALL COSTS ARISING THEREFROM OR ASSOCIATED THEREWITH.
Indemnity:
You agree to indemnify, defend and hold harmless Bullhorn and its officers, directors, members, managers, employees, agents, representatives, successors and assigns from and against, any claims, causes of action, damages, liabilities, losses, costs, or expenses (collectively, “Losses”) that they incur or may incur arising from, resulting from, or arising in connection with: (i) your breach of these Terms of Use; (ii) your use of this Website or the Services or your use of the Content; (iii) personal injury or tangible and intangible property damage, casualty or loss suffered or incurred in connection with your use of the Website or Services (including loss of data) or Content or other information services available by or through your use of the Website or the Services or Content (including damage, casualty or loss arising from the malicious acts of third parties which could have been prevented or avoided by you using reasonable protective means); and (iv) your acts and omissions in connection with your use of the Website, the Services or Content. You also agree to indemnify, defend and hold harmless Bullhorn from and against any Losses that Bullhorn incurs or may incur arising from, resulting from, or arising in connection with your providing to Bullhorn inaccurate or untruthful information via the Website or Services whether to gain access to the products or services provided through this Website, the Services or otherwise.
Severability:
If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity of enforceability of the remaining provisions of these Terms of Use.
Feedback:
From time to time during your use of the Website and/or Services, you may provide Feedback to us in relation to our Services Websites and/or products. “Feedback” means any information or input provided by you to us in any manner at any time, regarding our products, documentation, Website and/or the Services, including without limitation changes or suggested changes to current or future products, documentation, services, and products. You grant us a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use the Feedback for any purpose, including but not limited to, incorporation of Feedback into the Service or other offerings without compensation or attribution to you, provided such Feedback shall not contain any of your confidential information.
Class Action Waiver & Binding Arbitration:
You and Bullhorn are agreeing to establish a process to resolve disputes. We encourage informal resolution and, if not and unless an exception applies, you and Bullhorn agree to resolve any disputes in individual, binding arbitration.
Arbitration Required. We realize that legal disputes can be costly and time-consuming, so have included an agreement to try to resolve any disputes between you and Bullhorn as efficiently as possible. IF YOU AND/OR BULLHORN DO NOT RESOLVE A DISPUTE BY INFORMAL NEGOTIATION OR IN SMALL CLAIMS COURT AND UNLESS YOU OPT-OUT OF ARBITRATION, ANY DISPUTE SHALL BE RESOLVED BY INDIVIDUAL, BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR WHOSE DECISION WILL BE FINAL EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE U.S. FEDERAL ARBITRATION ACT. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. “Dispute” includes any complaint, action, demand or other controversy, between you and us concerning these Terms of Use, the Website, Content or the Services, or any communications between us related to these Terms of Use, the Website, Content or Services and whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and Bullhorn empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these Terms of Use are void or voidable.
Informal Dispute Resolution & Small Claims Court. Typically, you and Bullhorn can resolve any concerns you have about the Services with a phone call or email. You can always contact Customer Service at: OTE-Support@bullhorn.com. If you are still not happy with the result, you or Bullhorn must send to the other party a notice of dispute, which is a written statement that includes the name, address and contact information of the party giving the notice, describes the facts, and the requested relief. You must send the notice of dispute to 100 Summer Street 17th Floor, Boston, MA 02110, Attention: Legal Department. We will send any notice of dispute to you at the billing address we have for you. You and Bullhorn will attempt to resolve a dispute through informal negotiation within 60 days from the date the notice of dispute is sent. Only if you and we have not resolved the dispute after the 60 days, may you or we commence an arbitration proceeding as described below. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first, so long as you proceed only on an individual basis.
How Arbitration Works. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS“) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules“). The JAMS Rules and instructions about how to start arbitration are available at www.jamsadr.com or 1-800-352-5267. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. If you are a resident of California, you or we may sever and bring any claim for public injunctive relief related to the Dispute in court.
Arbitration Location and Costs. Unless you and Bullhorn agree to conduct arbitration by teleconference, videoconference, or otherwise, any arbitration hearing shall take place in the city or county where you reside. If you are located outside of the U.S., any in-person arbitration will take place in Boston, MA. Except for a dispute determined by the arbitrator to be frivolous or initiated in bad faith, Bullhorn will pay your filing fee and any documented costs and expenses up to a total amount of $1,000 and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.
Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. YOU AND BULLHORN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR THEIR RESPECTIVE INDIVIDUAL CAPACITIES AND IN SO DOING YOU AND BULLHORN HEREBY WAIVE THE RIGHT TO ASSERT OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, ANY PRIVATE ATTORNEY GENERAL LAWSUIT OR PRIVATE ATTORNEY GENERAL ARBITRATION, AND ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings. If a court decides that the limitations of this particular paragraph regarding class action waiver are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
Right to Opt-Out of this Arbitration Agreement. You may opt out of this dispute resolution provision within the first 30 days after (a) you sign up for a Service; or (b) we notify you of a material change to this Dispute Resolution provision. You may opt out by sending an email to Bullhorn at legal@bullhorn.com. You should include your name, mailing address, and the words “Reject Arbitration.”
One Year Limitations Period. You and Bullhorn also agree that any demand for arbitration must be made within one year of discovery of the circumstances giving rise to the dispute, or the dispute will be considered waived.
Governing Law and Survival. You agree that this dispute resolution provision shall be governed by the Federal Arbitration Act and interpreting case law. To the extent state substantive law applies to any dispute, we agree that the dispute will be governed by and construed subject to the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of law principles. In such event, You hereby unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction and venue of the state and federal courts located in Suffolk County, Massachusetts with respect to any claims arising from or related to the Services, your use of the Services and any information received through the Services. You agree not to plead forum non conveniens in any such action. You consent to service of process. You and Bullhorn agree that this Dispute Resolution provision will survive the cancellation of these Terms of Use and/or your access to the Website or the Services. If any portion of this Dispute Resolution provision other than the class action waiver, is determined by a court or the arbitrator to be found unenforceable, that portion shall be ineffective without affecting the enforceability of the rest of the provision.
Integration Clause:
You hereby acknowledge that these Terms of Use, the Privacy Policy, any applicable Terms of Service and all other documents referenced herein represent the entire agreement between you and Bullhorn concerning your use of this Website, Content and the Services.
Headings of the Terms of Use:
The section headings used in these Terms of Use are for reference and the convenience of the readers and shall not constitute part of the Terms of Use for interpretation purposes.
Questions:
Bullhorn has appointed Data Protection Officers, who are responsible for matters relating to data privacy and protection. The Data Protection Officers can be contacted by email at DPO@bullhorn.com, or by mail at: Bullhorn, Inc., 100 Summer Street, 17th Floor, Boston, MA 02110, Attn: Data Protection Officer, Legal or K.P. van der Mandelelaan 68-70, 3062 MB Rotterdam, Netherlands, Attn: Data Protection Officer, Legal.
Any questions or complaints concerning Bullhorn’s Privacy Policy or handling of personal data can be directed to: privacy@bullhorn.com or Bullhorn, Inc., 100 Summer Street, 17th Floor, Boston, MA 02110, Tel: 1-617-478-9100, Attn: Dept. of Information Security & Compliance/Legal. In addition, you have the right to lodge a complaint with your local data processing authority.
Date of last update: July 2023
