Terms | excelHERate

Excelherate Inc. ("Excelherate", "we", "our", "Company") welcomes you ("User(s)" or "you") to our Site (defined below) and to our Service (defined below). You may use the Site and/or the Service in accordance with the terms and conditions set forth herein. The Service is available on our Site at: https://www.excelherate.net (the "Site")

Acceptance of the Terms

By entering, connecting to, accessing or using the Site and/or the Service, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy available at: https://www.excelherate.net/privacy (the "Privacy Policy") (collectively, the "Terms") and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and/or the Service and you acknowledge that these Terms constitute a binding and enforceable legal contract between Excelherate and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SERVICE IN ANY MANNER.

The Service is available only to individuals who (a) are at least eighteen (18) years old (see further section 12 below), however, if a law requires that you must be older in order for Excelherate to lawfully provide the Services to you (including the collection, storage, and use of your information) then the minimum age is such older age; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law, or have received the required consent from their legal guardian to enter into these Terms.

1. The Service

Excelherate offers services for both individuals looking for job opportunities and employers and recruiters looking for job applicants. The Service allows you to create an individual profile ("Profile") which shall include basic information such as your real name, active email address and country of residence and may also include information such as your academic background, technical or product skills, experience and employment history. As part of your Profile, Excelherate allows you to set your expectations for your next job, such as type of job, location, salary etc. ("Expectations"). Excelherate then uses an algorithm to take your Profile and create an anonymous profile for you, such Anonymous Profile may include information on your skills, location, types of experience but will not include your name, contact information or other unique identifier ("Anonymous Profile") so you could privately see which companies are interested in you without exposing your identity. Excelherate makes your Anonymous Profile visible to companies and recruiters ("Recruiters"). If a company that viewed your Anonymous Profile including your Expectations elects to ping you (i.e. letting you know that it viewed your Anonymous Profile and is interested in getting in touch with you directly) or if Excelherate automatically matches the criteria set in your Anonymous Profile to a position opened by a Recruiter and pings you with a job opportunity, the decision to reveal your identity, share your contact details, and start a discussion with such Recruiter is yours to make. Pings with the Recruiter's information and the open position(s) will be sent to the email you provided during the registration process. You will receive a time limit by which to either accept or reject the ping. (the "Service").

The Site provides you with the Service and additional resources such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features available on or through the Site and/or the Service (collectively, the "Content").

ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE AND/OR THE SERVICE (OTHER THAN THE PROFILES AND THE RECRUITER'S INFORMATION) ARE RESERVED TO EXCELHERATE OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND/OR THE SERVICE AND/OR THE CONTENT, AS WELL AS THE RECRUITER'S INFORMATION AVAILABLE VIA THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS.

EXCELHERATE DOES NOT ENDORSE, RECOMMEND OR IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT CONTAINED IN THE SITE AND/OR THE SERVICE AND THE RECRUITER'S INFORMATION NOR DOES IT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY AND/OR DAMAGES INCURRED AS A RESULT OR IN CONNECTION WITH SUCH ACTIONS. YOUR USE OF THE SERVICES AND/OR THE SITE AND/OR CONTENT AND/OR THE RECRUITER'S INFORMATION AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.

THE SERVICE MAY CONTAIN CERTAIN THIRD PARTY SERVICES WHICH MAY BE RELATED TO THE SERVICES PROVIDED BY EXCELHERATE. EXCELHERATE WILL NOT BE RESPONSIBLE FOR ANY SUCH SERVICES AND FOR ANY RESULTS AND OUTCOMES RELATED THERETO.

EXCELHERATE CURRENTLY DOES NOT CONDUCT VERIFICATION OR CRIMINAL BACKGROUND CHECKS WITH RESPECT TO THE INFORMATION CONTAINED IN THE PROFILES, NOR DOES IT INQUIRE INTO THE BACKGROUND OF ANY OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OR OTHER FACTUAL INFORMATION CONTAINED IN PROFILES. EXCELHERATE RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND OR OTHER SCREENINGS, AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

FURTHERMORE, IT IS THE USER'S SOLE RESPONSIBILITY TO HAVE OR OBTAIN ANY NECESSARY WORKING RIGHT, PERMIT OR LICENSE (E.G., IMMIGRANTS IN NEED OF WORKING VISAS, ETC.) FOR THE PURPOSE OF BEING EMPLOYED AT THE RELEVANT JURISDICTION AND EXCELHERATE SHALL HAVE NO LIABILITY IN THIS RESPECT.

2. Registering to the Service and Creating your Profile

In order to use our Service you will open an Account and submit your Resume. You can sign up to it using social media networks such as LinkedIn or with your email address. As part of the registration process you are required to create a Profile. The profile shall describe you, an individual person. Creating the Profile is free of charge. You can create your Profile by importing your Profile data into the Service via email to the email address you provided us upon registration. We may change the method of registration at our own discretion.

You must provide accurate and complete information during the registration process and you agree to not misrepresent your identity.

Creating your Profile may require you to share with us certain personal information. Information about the collection of personal information is provided in our Privacy Policy.

3. Use Restrictions

There are certain conducts which are strictly prohibited when using the Site and/or the Service. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may expose you to civil and/or criminal liability.

You may not, whether by yourself or anyone on your behalf, unless otherwise explicitly permitted under these Terms: (a) use the Site and/or the Service and/or the Content and/or the Profiles and/or the Recruiter's Information for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or the Service and/or Content for non-internal purposes without Excelherate's express prior written consent; (c) remove or disassociate, from the Content and/or the Site and/or the Service any restrictions and signs indicating proprietary rights of Excelherate or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®), and you represent and warrant that you will abide by all applicable laws in this respect; (d) interfere with or violate User's rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and/or the Service and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Service; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site and/or the Service, including attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (i) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Excelherate on or through the Service, including but not limited to the Anonymous Profiles, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Excelherate's proprietary rights, including Excelherate's Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms and/or under any applicable laws which expressly permit such actions; (k) make any use of the Content on any other site or networked computer environment for any purpose without Excelherate's prior written consent; (l) create a browser or border environment around Excelherate Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or the Service and/or the Content; (n) frame or mirror any part of the Site without Excelherate's prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Site; (p) transmit or otherwise make available in connection with the Site and/or the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) upload a Profile on behalf of another party (r) submit incomplete, false or inaccurate biographical information or information which is not your own (s) use the Site and Services for any purpose for which they were not intended; and/or (t) infringe and/or violate any of the Terms.

4. Privacy Policy

We respect your privacy and are committed to protect the information you share on the Site and/or the Service. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site and/or the Service. Our policy and practices and the type of information collected are described in detail in our Privacy Policy at https://Excelherate.net/privacy which is incorporated herein by reference. You agree that Excelherate may use personal information that you provide or make available to Excelherate by using the Site and/or the Service in accordance with the Privacy Policy. If you intend to connect to, access or use the Site and/or the Service you must first read and agree to the Privacy Policy.

5. Intellectual Property Rights

The Site, the Service, the Content (other than the Recruiter Information or the Profiles), the Company's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks and trademark applications, trade names, domain names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered (collectively, "Intellectual Property"), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.

The Terms do not convey to you an interest in or to the Company Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company's Intellectual Property under any law.

To the extent you provide any feedback, comments or suggestions to Excelherate ("Feedback"), Excelherate shall have an-exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Excelherate current or future products, technologies or services and use same for any purpose, all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Excelherate to comply with any additional obligations with respect to any Excelherate current or future products, technologies or services that incorporate any Feedback.

6. Trademarks and Trade names

"Excelherate", Excelherate's marks, service marks, trade names and logos and all other proprietary identifiers used by the Company in connection with the Services and/or the Site ("Company Trademarks") all belong to the Company, whether or not registered or capable or being registered. All other trademarks, service marks, trade names and logos which may appear on the Site and/or the Service belong to their respective owners ("Third Party Marks"). The Company is not sponsored by, endorsed by or affiliated with the holders of these trademarks. Any usage of Third Party Marks by the Company is considered nominative fair use under trademark law. No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.

7. Links to Third Party Sites

Certain links provided herein or through the Service permit our Users to enter non-Excelherate sites or services. Those linked sites and services are provided solely as a convenience to you. Those linked sites and services are not under the control of Excelherate and it is not responsible for the availability of such external sites or services, does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, Excelherate is not responsible or liable for such linked sites and services' privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. Excelherate reserves the right to terminate any link at any time. You further acknowledge and agree that Excelherate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with the use of or reliance on any services, content, products or other materials available on or through such linked sites or services. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and services.

8. Fair usage

We provide a Service which may only be used for the purposes of recruiting individuals for real jobs in real organizations. The User is prohibited from using the Services to upload fake CVs or collect any Recruiter's Information for any purpose which is inconsistent with these terms or any applicable law or commercially accepted recruiting practices.

The Users of the Site and/or the Service are required to use at all times the Services in accordance with applicable law and in particular, all applicable data protection, employment and anti-discrimination legislation. EXCELHERATE WILL NOT BE RESPONSIBLE FOR ANY MISCONDUCT OR ILLEGAL CONDUCT BY THE USERS IN THIS RESPECT.

9. Interaction with Recruiters

When you create a Profile you represents that the information included in your Profile (including without limitation, your qualifications, skills, training and experience) is correct, complete, accurate, sufficient and up to date, in a manner allowing Recruiters who review your Anonymous Profile to make a preliminary assessment of your suitability for the role in question and to decide whether to ping you and ask that you reveal your identity so that the parties could move forward with the recruitment process.

If a Recruiter elects to make you a job offer, the terms of employment and any contractual arrangements shall be negotiated and agreed upon between you and the Recruiter directly.

Excelherate does not have any control of Recruiters and therefore cannot accept any liability in respect of the behavior, responses or actions of the Recruiters. Excelherate does not warrant, represent or guarantee that you will be able to find any job, position or offer by using the Services and/or the Site.

The Service is for personal use and you have no right whatsoever to resell the Services to any third party for any reason without Excelherate's prior explicit written approval.

In the event that a dispute arises between a User and any Recruiter (for example, in relation to the interview or selection process or the contractual arrangements between them) ("Dispute"), the User agrees that Excelherate is not liable for any loss or damage suffered by the User as a result of any such Dispute and you hereby release and hold harmless Excelherate from any such loss or damage or any liability in relation to any Dispute.

10. Minors

To use the Site and/or the Services you must be over the age of fourteen (14). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of fourteen (14) are not using the Service. In the event that it comes to our knowledge that a person under the age of fourteen (14) is using the Service, we will prohibit and block such person from accessing the Service and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy) with regard to such person.

11. Availability

We will use commercially reasonable efforts to ensure that the Site will be available. However, the Site's and/or Service availability and functionality depend on various factors, such as communication networks, the availability of telecommunication links, etc.. Therefore, Excelherate does not warrant or guarantee that the Site and/or the Service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

12. User Content

Please be sure that while you use the Site and/or the Service you respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the Profile you created or any other content you provide ("User Content"). Excelherate will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection the User Content.

You understand and agree that you are solely responsible for your User Content and the consequences of making such User Content available through the Site and/or the Service, in any way.

You represent and warrant that you are the rightful owner of the User Content you make available through the Site and/or the Service or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such content and that the User Content does not infringe any third party's intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights).

You agree that you will not upload any User Content containing content which is unlawful for you to possess, post, link or upload in the country in which you are resident, or which it would be unlawful for Excelherate to use or possess in connection with the Site and/or the Service (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive, hateful, racist, discriminatory or fraudulent), as determined by Excelherate's sole discretion.

Although Excelherate has no obligation to screen, edit or monitor any of the profiles, Excelherate explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, Profiles available on the Service at any time and for any reason, and you are solely responsible for creating backup copies of your Profiles or other User Content and replacing any User Content you make available via the Service at your sole expense.

Excelherate takes no responsibility and assumes no liability for any User Content uploaded by you or for any loss or damage thereto.

Excelherate may create limits on the use of the Service including limitation on size and storage space available for Users to upload User Content.

IT IS THE USER'S RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE UPLOADING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER CONTENT, AND TO ADHERE TO ANY APPLICABLE LAW REGARDING SUCH INFORMATION.

13. License to User Content

As long as your User Content is subject to any applicable copyright law, such User Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property. We do not claim ownership of your User Content. However, we do need certain licenses to your User Content in order to operate and enable the Services and the Site. When you upload any User Content to the Site, you grant Excelherate a perpetual, non-exclusive, royalty-free, and worldwide license to use your User Content for the purpose of providing you with the Services, including, and without limiting the generality of the foregoing, to create derivative works such as the Anonymous Profiles. You also give us a license to share your identity and full Profile with Recruiters whenever you give us explicit permission to reveal your Profile to a specific Recruiter.

14. Changes to the Site and/or the Service

Excelherate reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site and/or the Service or any part thereof, including but not limited to the Content, without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site and/or the Service may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Excelherate shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site and/or the Service or the Content included therein.

15. Disclaimer of Warranties

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE, THE SERVICES, THE CONTENT AND THE RECRUITER INFORMATION ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, AND EXCELHERATE, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, "EXCELHERATE'S REPRESENTATIVES"), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.

WE DO NOT WARRANT (I) THAT THE SITE AND/OR THE SERVICE ARE OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE AND/OR THE SERVICE, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SERVICE AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SERVICE (INCLUDING THAT THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS). THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE AND/OR THE SERVICE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE AND/OR THE SERVICE, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION CONTAINED WITHIN THE SITE AND/OR THE SERVICE.

EXCELHERATE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR VALIDITY OF DERIVED WORKS SUCH AS THE ANONYMOUS PROFILES AND OTHER DERIVED WORKS CREATED BY EXCELHERATE IN CONNECTION WITH THE SERVICE AND THEIR APPROPRIATENESS FOR EVALUATION BY RECRUITERS. ANONYMOUS PROFILES MAY DIFFER SIGNIFICANTLY FROM USER CONTENT.

WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN EXCELHERATE INCLUDING, WITHOUT LIMITATION, ANY TECHNICAL FAILURES OR THE LACK OF AVAILABILITY OF ANY FEATURES AND SERVICES AVAILABLE WITHIN THE SITE AND/OR THE SERVICE WHICH ARE NOT UNDER EXCELHERATE'S CONTROL.

WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

BECAUSE USER AUTHENTICATION ON THE INTERNET IS DIFFICULT, EXCELHERATE CANNOT AND DOES NOT CONFIRM THAT EACH USER IS WHO THEY CLAIM TO BE. NOTE THAT THERE ARE RISKS INCLUDING BUT NOT LIMITED TO THE RISK OF PHYSICAL HARM, OF DEALING WITH STRANGERS, OF UNDERAGED PERSONS OR PEOPLE ACTING UNDER FALSE PRETENSES. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE WHEN USING THE SITE AND/OR THE SERVICE.

YOU AGREE THAT USE OF THE SERVICES AND/OR THE SITE AND/OR THE CONTENT AND/OR THE RECRUITER INFORMATION, IS ENTIRELY AT YOUR OWN RISK.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

16. Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL EXCELHERATE, INCLUDING EXCELHERATE'S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR THE CONTENT AND/OR THE SERVICES AND/OR THE RECRUITER INFORMATION, YOUR USE OR INABILITY TO USE THE SERVICES AND/OR THE SITE AND/OR THE CONTENT AND/OR THE RECRUITER INFORMATION AND/OR THE FAILURE OF THE SITE AND/OR THE SERVICE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF EXCELHERATE TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF EXCELHERATE BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER EXCELHERATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, EXCELHERATE'S AND EXCELHERATE'S REPRESENTATIVES' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES AND/OR THE SITE AND/OR THE CONTENT AND/OR THE RECRUITER INFORMATION SHALL BE LIMITED TO US $1.00.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

17. Indemnification

You agree to defend, indemnify and hold harmless Excelherate and Excelherate's Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your violation of any of these Terms; (ii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party in connection with your use of this Site and/or the Service; (iii) the Profile and/or other User Content that you provide through the use of the Site and/or the Service; (iv) Your Use of any of the Content; (v) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site and/or the information contained therein (including without limitation, the Profiles); and (vi) any Dispute, or any breach by the User of Section 10 above. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

18. Direct Marketing

You hereby agree that we shall use your contact details for the purpose of informing you regarding products and services (offered by the Company and/or by third parties) which may interest you and to send to you advertisements and other marketing material, transmitted to the e-mail address you have provided.

You may withdraw your consent via sending a written notice to the Company by email to the following address: info@excelherate.net or on the same manner as the advertising was transmitted to you. It is clarified that we are not responsible for the content of said advertisements and the products delivered or services rendered thereby by third parties and you irrevocably and unconditionally agree that we shall not be held responsible or liable in connection thereof.

19. Copyright Agent and The Digital Millennium Copyright Act

The Company respects the intellectual property rights of others. However, the Site may contain works generated by Users, Recruiters and information collected from the Internet. The Company cannot and does not monitor or review every item made available on or through the Services and/or any part thereof, including any and all User Content and Intellectual Property Rights related thereto.

If you, as either User, software designer and/or third-party publisher, believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to the Company's Copyright Agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the Company to locate the material; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

The Company's Copyright Agent can be reached through the following address:

Email: info@excelherate.net

20. Amendments to the Terms

The Company may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail to the e-mail address that you may have provided us during the registration process regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated "Last Revised" and your continued use of the Site and/or the Service on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

21. Termination of these Terms and the Termination of the Site's operation

These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license to use the Site and/or the Service and any rights granted to you hereunder pursuant to these Terms. In the event of your failure to comply herewith Excelherate may temporarily or permanently limit, suspend or terminate your access to the Site and/or the Service without notice, in addition to any other remedies that may be available to Excelherate under any applicable law. Without limiting the generality of the foregoing, we may terminate or suspend your account if we believe, in our sole discretion, that one (or more) of the following events have occurred: (a) there is a threat to the security or integrity of your account, our network or our servers; (b) suspension is needed to protect the rights, property or safety of Excelherate, its users or the public; (c) you have violated these Terms; and/or (d) we are required to by law.

If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Services, or for any other reason, you may terminate these Terms at any time by stopping your use of the Site and/or Services and this will be you sole and exclusive remedy under such circumstances.

Additionally, Excelherate may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, extend in terms of content and form, correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that Excelherate does not assume any responsibility with respect to, or in connection with the termination of the Site's operation and/or loss of any data.

Upon termination or expiration of these Terms for any reason: (a) all rights granted to you under these Terms will terminate; and (b) you will immediately cease all use of and access to the Site and/or the Service.

The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimers of Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.

22. General

(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersede all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) any claim relating to the Site or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site and/or the Service will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Excelherate may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE AND/OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, and (i) the parties agree that all correspondence relating to these Terms shall be written in the English language.

23. For information, questions or notification of errors, please contact:

If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to info@excelherate.net and we will make an effort to reply within a reasonable timeframe.