GENERAL INFORMATION FOR ALL USERS
The following terms represent a binding agreement between you, the user, and Apex Recruiting.
1. ENTIRE AGREEMENT:
This Agreement, as amended from time to time, including the terms of use, constitute the entire agreement between the parties, and all prior or other agreements or representations, written or oral, are superseded.
a. Apex Recruiting reserves the right to modify the terms and conditions of this agreement or provide additional usage requirements in its sole discretion at any time by posting a revised version hereof. Your continued use of the site after the revised changes constitutes your acceptance to the revisions.
b. Usage of Apex Recruiting including registering, searching or posting jobs, and searching or posting resumes, implies acceptance of these terms and conditions.
c. Due to the advertising and non-returnable nature of the service provided customer acknowledges that once the subscription is executed and activated, no refunds will be given.
d. Customer acknowledges that the number of applicants for each hiring area and subscription period may vary significantly based on such factors as local market conditions, job specifications, compensation and benefits. As such, Customer shall not hold Apex responsible for loss or damages resulting from Apex inability to provide applications. Nor shall such inability constitute a breach of this subscription agreement or any of its terms.
e. . Customer agrees to indemnify Apex for any and all claims related to the employment of drivers recruited as a result of the recruiting services provided by Apex
2. LIABILITY:
We assume no liability or responsibility for the content submitted by the users of this site. Apex Recruiting is not responsible for the accuracy of posted jobs and or posted resumes.
a. Advertisers and Users of Apex Recruiting retain the sole responsibility for content of adverts and resumes and all applicable laws, regulations and standards.
b. All employers, recruiters, agencies and job seekers posting adverts or resumes on this site must adhere to commonsense business ethics. This includes: No obscene, discriminating, libelous, defamatory, sexually explicit, misleading or false information.
6. GOVERNING LAW AND JURISDICTION:
The provisions of this Agreement and the legal relations between the parties arising out of this Agreement will be governed and construed in accordance with the laws of the State of Michigan. Guarantor hereby irrevocably and unconditionally submit to the jurisdiction of any court of competent jurisdiction located in the County of Lapeer, State of Michigan in any action arising out of or relating to this Agreement and you hereby irrevocably and unconditionally agree that all claims with respect to such action or proceeding may only be heard in a court located in the County of Lapeer, State of Michigan. You and Apex Recruiting hereto irrevocably and unconditionally waive any forum non-conveniens objection that either of them may have to suit arising out of or relating to this Agreement being venued in the County of Lapeer, State of Michigan.
7. LIMITATION OF LIABILITY:
Any liability of Apex Recruiting under this Agreement, whether to you or any other party, whatever the basis of the liability, shall not exceed $100.00 for any transaction out of which the liability arose or occurred. Neither Apex Recruiting nor their agents, officers, directors or employees shall be liable for indirect, special or consequential damages.
3. PAYMENT TERMS:
Payment Terms: All payments are to be paid in US Dollars. Employers, Recruiters and Agencies agree to pay Apex Recruiting the applicable fees for the services provided. ALL SALES ARE FINAL. Apex Recruiting invoices serve as a binding contract for payment. You are responsible for the actions of your employees, agents and contractors while in your employ. Payment by invoice is due 14 days from date of purchase. Invoices 30 days past due accrue a 1.5% per month interest charge. Customer is responsible for any fees resulting from non-payment, including but not limited to reasonable attorney fees and/or collection fees. If customer breaches the terms of the contract and stops payment or issues a “charge back” for services rendered customer shall be liable for damages in the amount equal to the original transaction plus a 75.00 “Chargeback” fee.
6. SEVER ABILITY AND WAIVER:
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, unenforceable, or illegal, the invalidity of that provision will not affect any of the remaining provisions and this Agreement will be construed as if the invalid, unenforceable or illegal provision is not contained in the Agreement. Neither the failure nor delay by Apex Recruiting to exercise, or partial exercise of, any right under this Agreement will operate as a waiver or estoppel of such right, nor shall it amend this Agreement. The waiving party must sign all waivers.
7. ATTORNEYS’ FEES:
You will be liable for and will indemnify and reimburse Apex Recruiting for any and all attorneys’ fees and other collection costs and expenses incurred at or before Trial and in any Appellate proceeding paid or incurred by Apex Recruiting or their agents in the enforcement of this Agreement, or in collecting any amounts due from you or resulting from any breach by you of this Agreement.
