Terms of Service Agreement

VisualStudio.tv, Inc. dba The Brokers Recruiter

0. Acceptance of Terms

This is a legal agreement (“Agreement”) between VisualStudio.tv, Inc. dba The Brokers Recruiter (“The Brokers Recruiter,” “we,” “us,” or “our”) and you, the Customer (“Customer,” “User,” or “You”).

BY ACCESSING AND/OR USING THE SERVICE(S), YOU AGREE, ON BEHALF OF YOURSELF AND/OR YOUR COMPANY, TO BE BOUND BY THE MOST RECENT VERSION OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE(S).

This Agreement governs your use of The Brokers Recruiter software platform, located at www.brokersrecruiter.com, including all content, applications, templates, and services provided (collectively, the “Service”).

This Agreement supersedes any prior oral or written agreements regarding the Service. The Brokers Recruiter reserves the right to revise or update this Agreement at any time. Continued use of the Service constitutes acceptance of the modified terms.

1. Service Plans

The Service is offered on both free and paid subscription plans. Each paid account (“The Brokers Recruiter Account”) allows a single Customer organization to access enhanced features and higher limits. Free plans are limited in functionality as determined by The Brokers Recruiter.

2. Payment Terms

Fees are published on The Brokers Recruiter website or quoted directly and are exclusive of taxes.
Payments are processed via credit card, ACH, or other approved methods through secure payment gateways (e.g., Stripe).
The Brokers Recruiter may adjust pricing or features at renewal.
Non-payment may result in suspension or termination of access.
Delinquent accounts over 30 days may have Uploaded Data permanently deleted.

3. License and Right of Use

The Brokers Recruiter grants You a non-exclusive, non-transferable, worldwide right to use the Service for your internal business purposes, subject to this Agreement and timely payment.

You shall not:

Resell, sublicense, distribute, or exploit the Service.
Reverse engineer or copy features for a competing service.
Use the Service for illegal, defamatory, or harmful purposes.
Upload malicious code, spam, or infringing material.

4. Access and Security

Each Customer and User receives unique login credentials. Credentials are confidential, and You are responsible for all activity under your account. Unauthorized use must be reported immediately.

5. Service Levels and Data Backup

The Brokers Recruiter strives for high availability but makes no absolute uptime guarantees. Data may be backed up periodically; however, You are responsible for maintaining your own backups.

6. Customer Responsibilities

You must comply with all applicable laws regarding use of the Service, including data protection and brokerage regulations. You remain responsible for the accuracy and legality of Uploaded Data.

7. Data Ownership and Use

You retain ownership of all data you upload (“Uploaded Data”).
The Brokers Recruiter is not liable for loss, corruption, or deletion of Uploaded Data.
If Uploaded Data violates law or third-party rights, The Brokers Recruiter may suspend or delete such data without liability.

8. Intellectual Property

The Brokers Recruiter (VisualStudio.tv, Inc. dba The Brokers Recruiter) owns all rights to the Service, software, designs, and trademarks.
You receive only a limited license to use the Service as described herein.
Uploaded Data remains your property.

9. Marketing Communications

We may send You service updates or relevant product news. Third-party marketing is not shared without consent.

10. Warranties

We warrant that Services will perform substantially in accordance with documentation under normal use. Remedies for breach are limited to correction of non-conforming Services or, at our discretion, termination with prorated refund.

11. Indemnification

You agree to indemnify and hold harmless The Brokers Recruiter, its parent (VisualStudio.tv, Inc.), subsidiaries, affiliates, officers, and employees from claims, damages, or expenses arising out of:

Your misuse of the Service,
Your Uploaded Data, or
Your violation of this Agreement.

12. Disclaimer of Warranties

The Service is provided “AS IS” without warranties of any kind, express or implied, including merchantability, fitness for purpose, or non-infringement.

13. Limitation of Liability

To the maximum extent permitted by law, The Brokers Recruiter’s liability is limited to USD $50. We are not liable for indirect, incidental, or consequential damages (e.g., lost profits, lost data).

14. Force Majeure

Neither party is liable for failure to perform due to causes beyond reasonable control, including natural disasters, strikes, internet outages, or government action.

15. Personal Data

We process data in accordance with our Privacy Policy at https://www.brokersrecruiter.com/privacy-policy.

16. Term and Termination

Paid accounts are prepaid and non-refundable.
Accounts may be cancelled by You at any time but will not be refunded for unused time.
The Brokers Recruiter may terminate for non-payment, misuse, or breach after 10 days’ notice.
Upon termination, Uploaded Data may be deleted permanently.

17. Notices

Official notices will be delivered via:

Posting within the Service,
Email to the address on file, or
Written mail to the address on record.

18. Modifications

The Brokers Recruiter may modify this Agreement at any time by posting updates on the website. Continued use constitutes acceptance of modified terms.

19. Assignment

You may not assign this Agreement without our consent. We may assign it in case of merger, acquisition, or restructuring.

20. Confidentiality

Each party must protect the other’s confidential information and not disclose it except as required by law.

21 Authorized Communications & Payments

Authorized Entity
The Brokers Recruiter is a registered trade name of VisualStudio.tv, Inc., a Washington corporation in good standing. All products, services, communications, and billing are conducted solely through VisualStudio.tv, Inc.
Official Channels
Authorized communications and payment instructions will originate only from the following sources:
- Email addresses ending in @brokersrecruiter.com; and
- Websites owned or operated by VisualStudio.tv, Inc., including www.brokersrecruiter.com.
Unauthorized Communications
Any solicitation, invoice, demand for payment, or communication issued in the name of “Brokers Recruiter” that does not originate from the official channels listed above is unauthorized and invalid. Such communications create no obligation or liability for VisualStudio.tv, Inc. or its clients.
Client Duty to Verify
Clients are responsible for verifying the authenticity of any communication purporting to be from The Brokers Recruiter. In the event of doubt, clients must contact VisualStudio.tv, Inc. directly at support@brokersrecruiter.com.
Fraudulent Payments
Clients who receive or respond to unauthorized communications, or who make payments to an unauthorized party, do so at their own risk. Clients are strongly advised to immediately contact their credit card issuer or financial institution to cancel or dispute any such charges.
Disclaimer of Liability
VisualStudio.tv, Inc. expressly disclaims all liability for losses, damages, or expenses arising from reliance on, or payment made in response to, unauthorized or fraudulent communications.

22. Contracting Entity and Governing Law

The contracting entity is:

VisualStudio.tv, Inc. dba The Brokers Recruiter
8905 Randall Dr NW
Gig Harbor, WA 98332
Email: support@brokersrecruiter.com

VisualStudio.tv, Inc., a Washington corporation (Account ID 602728582-001-0001), doing business as “The Brokers Recruiter.”

This Agreement is governed by the laws of the State of Washington, USA, and applicable U.S. federal law. Jurisdiction and venue shall rest with courts located in Washington State.

Terms Conditions