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:
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:
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.
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:
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.
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 email@example.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.
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:
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.
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 firstname.lastname@example.org. 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.
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.
Date of last update: July 2023