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
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Fees are published on The Brokers Recruiter website or quoted directly and are exclusive of taxes.
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Payments are processed via credit card, ACH, or other approved methods through secure payment gateways (e.g., Stripe).
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The Brokers Recruiter may adjust pricing or features at renewal.
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Non-payment may result in suspension or termination of access.
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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:
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Resell, sublicense, distribute, or exploit the Service.
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Reverse engineer or copy features for a competing service.
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Use the Service for illegal, defamatory, or harmful purposes.
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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
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You retain ownership of all data you upload (“Uploaded Data”).
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The Brokers Recruiter is not liable for loss, corruption, or deletion of Uploaded Data.
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If Uploaded Data violates law or third-party rights, The Brokers Recruiter may suspend or delete such data without liability.
8. Intellectual Property
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The Brokers Recruiter (VisualStudio.tv, Inc. dba The Brokers Recruiter) owns all rights to the Service, software, designs, and trademarks.
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You receive only a limited license to use the Service as described herein.
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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:
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Your misuse of the Service,
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Your Uploaded Data, or
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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
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Paid accounts are prepaid and non-refundable.
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Accounts may be cancelled by You at any time but will not be refunded for unused time.
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The Brokers Recruiter may terminate for non-payment, misuse, or breach after 10 days’ notice.
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Upon termination, Uploaded Data may be deleted permanently.
17. Notices
Official notices will be delivered via:
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Posting within the Service,
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Email to the address on file, or
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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. Contracting Entity and Governing Law
The contracting entity is:
VisualStudio.tv, Inc. dba The Brokers Recruiter
718 Griffin Ave #309
Enumclaw, WA 98022
Email: support@brokersrecruiter.com
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.