Welcome to the SourceOwls website and online application and the SourceOwls mobile application together with any materials and services available therein and successor site(s) thereto (individually referred to as the “Site” or collectively as the “Sites” ), which are operated by SourceOwls, LLC and its subsidiaries (“SourceOwls” or “we” or “us”).
PLEASE REVIEW THESE TERMS AND POLICIES CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE SITES CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS AND POLICIES. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS AND POLICIES, THEN YOU MUST NOT USE OR ACCESS THE SITES.
We may change these Terms and/or Policy from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms or Policy through the Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms or Policy incorporating such changes or otherwise notified you of such changes.
In the event of a conflict between these Terms and/or Policy and any other applicable terms or agreement fully executed by you and SourceOwls (“Other Terms”), the Other Terms shall control.
The legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the Sites (including access to the Sites via any third-party links); or offer opportunities to some or all Site users. Any changes will become effective when we post the revised Terms on the Sites. Your use of the Sites following these changes means that you accept the revised Terms.
SourceOwls is not a law firm and does not provide legal representation. SourceOwls project attorneys do not constitute a law firm among themselves.
By using the Sites, you affirm that you are of legal age to enter into these Terms. If you are an individual accessing or using the Sites 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 Sites and to any such Organization.
The Sites are controlled or operated (or both) from the United States and are not intended to subject SourceOwls to any non-U.S. jurisdiction or law. The Sites may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Sites is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.
Subject to and conditioned on your compliance with these Terms, SourceOwls grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Sites and to download copies of the materials that we make available for download on the Sites, in each case solely for your personal and non-commercial use.
The Sites, including all content, information, and materials incorporated into or made available through them, are the exclusive property of SourceOwls or its suppliers and are protected by U.S. and international law. You agree not to access or use the Sites or any content, information, or materials incorporated into or made available through the Sites except as expressly permitted under these Terms.
All trademarks, service marks, and logos displayed on the Sites (the “Marks”) are the exclusive property of SourceOwls or their respective third-party owners. Except for your right to view Marks on our Site, you are not granted any rights to the Marks. Nothing in the Sites grant, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Sites.
The Sites include functionality to enable you to upload candidate résumés and/or other employment- and career-related information and may also enable you to submit comments and materials through interactive features such as pier-to-pier messaging, message boards, and other forums, and chatting, commenting, and other messaging functionality (all such résumés, information, comments, and materials are “Submitted Materials”). For clarity, you retain ownership of your Submitted Materials for a six-month period. You hereby grant SourceOwls 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).
In addition, if you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Sites or otherwise, such Feedback will be deemed Submitted Materials, 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 SourceOwls 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 Sites, 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.
SourceOwls 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 Sites. We may disclose information regarding your access to and use of the Sites and the circumstances surrounding such access and use to anyone for any reason or purpose.
In connection with the Sites, you agree NOT to:
The Sites may make available or provide links to third-party websites, content, services, or information (“Third Party Materials”). SourceOwls does not control, and is not responsible for, any Third Party Materials, and the availability of any Third Party Materials on the Site 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.
THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND SOURCEOWLS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES 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 Sites, we do not guarantee that the Sites are or will remain updated, complete, correct, or secure or that access to the Sites will be uninterrupted. The Sites may include inaccuracies, errors, and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Sites.
Further, without limiting the foregoing, SourceOwls (a) does not guarantee that you will receive any employment or job offers through the Sites; (b) will not be responsible for any employment offers or listings, employment screenings, employment decisions, or actual employment presented by third parties; and (c) is neither your employer nor your agent based solely on your usage of the Sites. You must use your own judgment in evaluating any prospective employers and any Third Party Materials.
YOU AGREE SOURCEOWLS 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, INCLUDING DAMAGES FOR LOSS OF PROFITS, 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 FURTHER AGREE SOURCEOWLS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITES OR FROM ANY THIRD-PARTY MATERIALS, INCLUDING FROM ANY MALWARE OR ANY VIRUS, WORM, HACK, OR MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITES IS TO STOP USING THE SITES. YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF SOURCEOWLS 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.
SourceOwls may terminate or suspend your access to the Sites 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 Sites will immediately cease; (b) SourceOwls may immediately deactivate or delete your user name, password, and account; (c) SourceOwls will be under no obligation to maintain or provide you with access to any materials associated with your account (including Submitted Materials), and may retain or delete such materials in SourceOwls’ sole discretion; and (d) except for the license granted to you to access and use the Sites, the remaining provisions of these Terms will survive and continue in effect.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Sites infringe your copyright, you (or your agent) may send SourceOwls a written notice by mail, e-mail, or fax, requesting that SourceOwls remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send SourceOwls a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to:
Attn: Legal Department
261 S Main St Suite 216
Newtown, CT 06470
Email: [email protected]
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
These Terms are governed by, and will be construed in accordance with, the laws of the state (a) where you use or access the Sites, or (b) if a dispute arises relating to your consideration for hire or your hiring, the state in which the job opportunity at issue is located.
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 SourceOwls. 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 SourceOwls relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and SourceOwls relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Sites or 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. SourceOwls will not be responsible for failing to fulfill any obligation due to any cause beyond its control.
You may need to register for an account to use all or portions of the Sites. We may reject, or require that you change, any username, password or other information that you provide to us in registering. You, and not SourceOwls, are responsible for the security of and any use or misuse of your username 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 SourceOwls if there is any unauthorized use of your account(s) or any breach of security by contacting us in accordance with the Contact Us section below.
The profile of the recruiter and their performance as a user of the platform will be publicly available on the internet. Users have the option to prevent public access by editing their profile and deactivating the public access option. Public access is enabled by default, but it is the user's responsibility to disable it if desired. SourceOwls, LLC approves user profiles, and the terms of the Master Services Agreement must be agreed to before profiles go live to the public. The user is solely responsible for the information displayed on their profile, and SourceOwls is not liable for any errors or misrepresentations.
All sales leads obtained from the user's internet profile will be owned exclusively by SourceOwls, LLC. The company is not obligated to inform the user of any leads procured through their account except when the user participates in and obtains approval for the affiliate program. In this case, the user will be notified via automated technological means of any potential sales leads from their public profile. If such leads result in the acquisition of clients by SourceOwls, the user may be eligible for commission payouts according to the terms of the affiliate program user agreement.
The user profiles go live to the public once SourceOwls, LLC approves them and you agree to our Master Services Agreement.
If you have any questions or complaints about the Terms or the Policy, or if you would like to update any personal information you have provided to us, please contact the webmaster at the mailing address or email address below.
261 S Main St Suite 216
Newtown, CT 06470
Email Address: [email protected]
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.