Terms of Service
If you violate the Terms, we may terminate any and all accounts you have. You acknowledge that Sprockets, Inc. (the “Company”) is not required to provide you notice before it so terminates your Account(s).
Some of the Services require payment of fees. Employers seeking applicants shall pay all applicable fees, as described on the website. The Company reserves the right to change its price list and to institute new charges at any time which may be sent by email or posted on the website. Use of the Services by Employers following such notification constitutes Employer's acceptance of any new or increased charges or other changes. If any such new or increased charges or other changes are unacceptable to you, you may cancel your subscription. However, the Company is not obligated to refund any fees that have accrued to your Account(s) before the cancellation. Additionally, the Company will not prorate fees for any subscription.
Unless otherwise agreed to by the Company inwriting, fees are based on a 12-month commitment from the date your paid subscription begins. The Company will provide a process to pay the subscription fees that may require (i) a valid credit card that is under your own name or that you are authorized to use for such purpose; (ii) the use of a third party payment processor such as Stripe. Recurring subscription fees will automatically renew, unless you affirmatively cancel your subscription prior to the beginning of the next applicable period for which the subscription corresponds. For each month that your subscription is active, you acknowledge and agree that the Company is authorized to charge the same credit card for the subscription fee. The Company agrees to a minimum of one-year of subscription fees. You agree to promptly notify the Company of any changes to your credit card while any subscriptions remain outstanding.
You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions made by you or by anyone that has used your Account(s), including your family or friends.
From time to time, we may offer a free trial membership or other promotions. If you accept a free trial membership or a promotion, we will begin to bill your credit card at the conclusion of the free trial or according to the terms and conditions outlined in the promotion. If you do not wish to be charged, you must cancel your Account(s) prior to the end of the trial period or in accordance with the applicable promotion rules.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, false or inaccurate;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
You are responsible for complying with all applicable employment laws and regulations including, but not limited to, hiring practices.
The Company respects the intellectual property rights of others and requests that the users do the same. The Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. The Company may terminate access for applicants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
We implement security measures designed to protect your data from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal data safe by not disclosing your password and by logging out of your account after each use. We further protect your data from potential security breaches by implementing commercially reasonable measures. However, these measures do not guarantee that your data will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms.
You must not, and must not permit any third party to, copy or adapt the object code of the Service, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Service, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content on the Service.
For Applicants that Complete the Sprockets Survey:
By pressing the submit button below, you give consent for Sprockets to process the personal data in connection with your completion of the survey. By completing the survey, you expressly agree that Sprockets may evaluate your personal data and use the results to create various reports, including a personalized report about you, which will be released only to the company or agency that requested you to complete the assessment. Should you later decide that you don't want your personal data to be used, contact the company that requested you to complete the survey and your personal data will be erased within 90 days.
You hereby release Sprockets, their agents, distributors, officers, employees, representatives, related or affiliated companies, and successors from all liability, and any actions or causes of action of every kind, nature, description arising out of, or incidental to your taking of the survey, relating to the use of the survey by the company or agency that requested you to complete the survey. Sprockets is not liable for any decisions made by the company or agency that requested you to complete the assessment. Information in the reports should not be used as the sole basis for consideration of selection or job position.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
WE CANNOT GUARANTEE THAT, BY PARTICIPATING IN OUR SYSTEM, YOU WILL ONLY HIRE OR INTERVIEW OR SELECT GREAT APPLICANTS. WE ALSO CANNOT GUARANTEE THAT APPLICANTS WILL BE SUCCESSFUL IN THE EMPLOYMENT POSITION OFFERED BY EMPLOYERS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE WEBSITE, THE APP AND THE SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID FOR THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
The Company's products and services and other content available on the website is not an attempt to practice medicine, provide a medical diagnosis, or provide specific medical advice. Use of this website does not establish a doctor-patient relationship.
We may amend these Terms at any time and will update these Terms in the event of any such amendments. It is your sole responsibility to check the website from time to time to view any such changes in the Terms. If you continue to use the website, you signify your agreement to our revisions to these Terms. However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company.
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.
These Terms along with any signed agreement between you and the Company represent the entire understanding between us with respect to the Services and supersedes any previous communication that may exist.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms and your use of the website are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions.
You acknowledge and agree that any actual or threatened breach of these Terms or infringement of proprietary or other third party rights by you would cause irreparable injury to Company and would therefore entitle Company to injunctive relief without any additional showing of irreparable injury or harm.
You hereby release the Company, its agents, distributors, officers, employees, representatives, related or affiliated companies, and successors from all liability, and any actions or causes of action of every kind, nature, description arising out of, or incidental to you using Sprockets. Sprockets is not liable for any decisions made.
Information We Collect
By using the Site, or by interacting with us through the Services, including through applications for the Android platform, you consent to the collection, use and disclosure of information by Sprockets as specified here. The Services, including applications for the Android platform, obtain the information you provide when you download and register the application and Services. In using the Services, you may complete forms and provide us with personal information, such as when you:
- register or update the details of your user account or when you provide other verification information;
- access or use the Services; and
- communicate with Sprockets.
We use the term “Personal Information” to refer to any information that identifies or can be used to identify you. Common examples of Personal Information include: full name, address, email address, digital identity, such as a login name or handle, information about your device, and certain metadata.
Information You Give to Us:
You may choose to provide us with Personal Information about yourself, including your name, email, age, and username and password. You may also provide us with Personal Information about yourself when you report a problem or have a question about our Services. Those who engage in transactions with Sprockets are asked to provide additional information, including as necessary the personal and financial information required to process those transactions.
Please note that if you do not provide us with Personal Information, your ability to use certain aspects of our products and services may be limited.
Information We Obtain from Your Use of Our Platform:
When you use our services, either through your internet browser or the application, we collect certain information automatically, such as your operating system version, browser type, and internet service provider. When you use our Services, we automatically collect and store this information in service logs. This includes: details of how you used our Site; Internet protocol address; and cookies that uniquely identify your browser. We may also collect and process information about your actual location, including general information (zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the platform or specific features of the platform). If you access the platform through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS and other location-tracking functions on your device, provided your device allows you to do this.
The information we collect automatically is statistical data and may or may not include Personal Information, but we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties.
Cookies and Similar Technologies:
We and our partners use various technologies to collect and store information when you visit or use our services, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services from our partners, such as advertising services. Our third party advertising and analytics partners include Google and similar partners. We may use this technology to deliver or help our Partners deliver certain advertising through mobile applications and browsers based on information associated with your mobile device. If you’d like to opt-out from having ads tailored to you in this way on your mobile device, please follow the instructions in the “Your Ad Choices” section below. The technologies we use for this automatic data collection may include:
- Web Beacons. Pages of our Services or our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
- Clickstream Data. Clickstream data is information collected by our computers when you request Web pages from the Sites. Clickstream data may include information such as the page served, the time spent viewing the page, source of the request, type of browser making the request, the preceding page viewed and similar information. Clickstream data permits us to analyze how visitors arrive at the Sites, what type of content is popular, what type of visitors in the aggregate are interested in particular kinds of content on the Sites.
- Mobile Device Identifiers and SDKs. A mobile SDK is the mobile app version of a web beacon (see “Web Beacons” above). The SDK is a bit of computer code that app developers can include in their apps to enable ads to be shown, data to be collected, and related services or analytics to be performed.
How We Use Information We Collect
We use your personal information in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:
1. To present, operate or improve the Site, including analysis of Site activity;
2. To provide you with Services and Products;
3. To improve our Services and Products;
4. To authorize access to our Sites and Services;
5. To respond to technical problems;
6. To respond to, process and deliver your communications, requests, surveys, or contest entries;
7. To contact you to request feedback about your experience with our products and services or learn about your demographics, preferences or interests;
8. To communicate with you about new contests, promotions or rewards, upcoming events, trade shows or conferences, changes to the Site or our products or services, or other news about products and services (whether offered by Sprockets or our partners);
9. To process job applications;
10. To customize or personalize your online experience, for example to pre-populate forms, or to display or provide you with relevant content, advertising or communications;
11. To improve our customer service;
12. To comply with all applicable legal requirements;
14. To otherwise fulfill the purpose for which the information was provided. We use the information we collect from our Sites to provide, maintain, improve and optimize them, to develop new services, and to protect our Company and our users
We use information collected from cookies and other technologies, to improve your user experience and the overall quality of our services. We may use your Personal Information to see which web pages you visit at our Site, which website you visited before coming to our Site, and where you go after you leave our Site. We can then develop statistics that help us understand how our visitors use our Site and how to improve it. We may also use the information we obtain about you in other ways for which we provide specific notice at the time of collection.
Information We Share
We share Personal Information with companies, organizations and individuals outside of Sprockets in the following circumstances:
With your consent. We may share Personal Information with companies, organizations or individuals outside of Sprockets when we have your consent to do so.
For Legal Reasons. We will share Personal Information with companies, organizations or individuals outside of Sprockets if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
1. meet any applicable law, regulation, legal process or enforceable governmental request.
2. enforce applicable Terms, including investigation of potential violations.
3. detect, prevent, or otherwise address fraud, security or technical issues.
4. protect against harm to the rights, property or safety of Sprockets, our users or the public as required or permitted by law.
We attempt to notify users about legal demands for their personal information when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.
Business Transfers. If we establish a new related entity, are acquired by or merged with another organization, or if substantially all of our assets are transferred to another organization, Personal Information about our users may be a transferred business asset. In the event that Sprockets itself or substantially all of our assets are acquired, Personal Information about our users may be one of the transferred assets.
Your Choices and Accessing, Updating or Deleting Your Personal Information
Whenever you use our Services, we aim to provide you with choices about how we use your Personal Information. We also aim to provide you with access to your Personal Information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. Subject to applicable law, you may obtain a copy of Personal Information we maintain about you or you may update or correct inaccuracies in that information through your account or by contacting us. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information. In addition, if you believe that Personal Information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in the How to Contact Us section below.
Changing or Deleting Your Information
You may update or correct information about yourself by making changes in your account or emailing us at firstname.lastname@example.org. If you completely delete all such information, then your account may become deactivated. We may retain an archived copy of your records as required by law, to comply with our legal obligations, to resolve disputes, to enforce our agreements or for other legitimate business purposes.
We may contact you to request that you update your Personal Information on a regular basis to ensure its integrity for the purposes of ongoing data management.
Our Opt-in/Opt-out Policy
We currently provide the following opt-out opportunities:
1. At any time, you can follow a link provided in offers, newsletters or other email messages (except for order confirmation or service notice emails) received from us to unsubscribe from the service.
Your Ad Choices
As described above, we or third party partners may place or recognize a unique cookie on your browser when you visit our Sites for the purpose of serving you targeted advertising (also referred to as “online behavioral advertising” or “interest-based advertising”). You may find more information about entities involved in online advertising and additional choices you may make, including opt-out of having your information used for internet-based advertising, through the Network Advertising Initiative (“NAI”) at the NAI Service, and the Digital Advertising Alliance (the “DAA”) at the DAA consumer choice service. Sprockets is a participant in the online industry’s self-regulatory program administered by the DAA and has agreed to adhere to the DAA’s principles applicable to interest-based ads.
The tools provided at the DAA opt-out page and the NAI opt-out page are provided by third parties, not Sprockets. Sprockets does not control or operate these tools or the choices that advertisers and others provide through these tools.
Third Party Links
The Sites may contain links to web pages operated by parties other than Sprockets. We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, it is up to the user to take precautions to ensure that whatever links the user selects or software the user downloads (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. These websites and services may have their own privacy policies, which the user will be subject to upon linking to the third party's website. Sprockets strongly recommends that each user review the third party's terms and policies.
How We Protect Personal Information
Sprockets maintains administrative, technical and physical safeguards designed to protect the user's Personal Information and other information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. For example, we use commercially reasonable security measures such as encryption, firewalls, and Secure Socket Layer software (SSL) or hypertext transfer protocol secure (HTTPS) to protect Personal Information.
If Sprockets collects account information for payment or credit, Sprockets will use the information only to complete the task for which the account information was offered.
The Sites are not intended for use by children. We do not intentionally gather Personal Information about visitors who are under the age of 13. If a child has provided us with Personal Information, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 13, please contact us at email@example.com. If we learn that we have inadvertently collected the Personal Information of a child under 13, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible.
Direct Marketing and “Do Not Track” Signals
Sprockets does not track its users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may include controls to block and delete cookies, web beacons and similar technologies, to allow you to opt out of data collection through those technologies.
California residents are entitled to contact us to request information about whether we have disclosed personal information to third parties for the third parties’ direct marketing purposes. Under the California “Shine the Light” law, California residents may opt-out of our disclosure of personal information to third parties for their direct marketing purposes. You may choose to opt-out of the sharing of your personal information with third parties for marketing purposes at any time by submitting a request to firstname.lastname@example.org. California users may request further information about our compliance with this law by contacting us at email@example.com or by writing to us at the address listed in the “How to Contact Us” section.
How to Contact Us
Send email to: firstname.lastname@example.org Send mail to our address: Sprockets PO box 1555, Folly Beach, SC 29439