1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Hivemind ("Company," "we," "us," or "our"), concerning your access to and use of the Hivemind website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that:

All registration information you submit will be true, accurate, current, and complete;
You will maintain the accuracy of such information and promptly update such registration information as necessary;
You have the legal capacity and you agree to comply with these Terms of Use;
You are not a minor in the jurisdiction in which you reside;
You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
You will not use the Site for any illegal or unauthorized purpose;
Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

4. USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PROPRIETARY RIGHTS OF CANDIDATES

The User agrees that Hivemind would be considerably harmed if it were to invest its time, energy, and resources in recruiting, screening, and curating its talent network, only for the Client and Talent to circumvent Hivemind and enter into a direct or indirect arrangement outside of Hivemind. Therefore, the Client agrees, according to the Terms of Service (ToS), that it will not, directly or indirectly through others, encourage or solicit the hiring of, or otherwise hire or engage for the performance of services (except via Hivemind under this Agreement), any individual Talent introduced to the Client by or through Hivemind in connection with this Agreement: (i) during the period of such Talent's work for the User under this Agreement and for twelve (12) months thereafter; or (ii) if the User elects not to engage the introduced Talent under or in connection with this Agreement, then within twelve (12) months of the date such Talent is first introduced by Hivemind to the Client, referred to as the "Cooling Off Period." For the avoidance of doubt, this period must extend to 12 months and beyond.

6. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of the Site.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

Use any information obtained from the Site in order to harass, abuse, or harm another person.

Make improper use of our support services or submit false reports of abuse or misconduct.

Use the Site in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorized framing of or linking to the Site.

Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use of the Site.

Engage in any automated use of the system, such as using scripts to send comments or messages.

Delete the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or person.

Upload or transmit any material that acts as a passive or active information collection mechanism.

Interfere with, disrupt, or create an undue burden on the Site or connected services.

Harass, annoy, intimidate, or threaten any of our employees or agents.

Attempt to bypass any measures designed to prevent or restrict access to the Site.

Copy or adapt the Site's software, including but not limited to code.

Decipher, decompile, disassemble, or reverse engineer any Site software.

Use any automated system to access the Site without authorization.

Use a buying agent to make purchases on the Site.

Make any unauthorized use of the Site, including collecting user information.

Use the Site as part of any effort to compete with us.

7. USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

When you create or make available any Contributions, you thereby represent and warrant that:

The creation and distribution of your Contributions do not infringe the proprietary rights of any third party.

You are the creator and owner of or have the necessary licenses to use and authorize us to use your Contributions.

You have the written consent and permission of each identifiable individual person in your Contributions.

Your Contributions are not false, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorized advertising.

Your Contributions are not obscene, lewd, violent, or otherwise objectionable.

Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

Your Contributions are not used to harass or threaten any other person.

Your Contributions do not violate any applicable law or regulation.

Your Contributions do not violate privacy or publicity rights.

Your Contributions do not include offensive comments connected to race, gender, sexual preference, etc.

8. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, and distribute such Contributions for any purpose.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights. We are not liable for any statements in your Contributions. You are solely responsible for your Contributions.

9. GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

You should have firsthand experience with the person/entity being reviewed
Your reviews should not contain offensive profanity, or abusive language
Your reviews should not contain discriminatory references
Your reviews should not contain references to illegal activity
You should not be affiliated with competitors if posting negative reviews
You should not make any conclusions as to the legality of conduct
You may not post any false or misleading statements
You may not organize a campaign encouraging others to post reviews

We may accept, reject, or remove reviews in our sole discretion. Reviews are not endorsed by us and do not necessarily represent our opinions.

10. MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application strictly in accordance with these Terms of Use.

You shall not:

Decompile, reverse engineer, or attempt to derive source code
Make modifications or derivative works
Violate applicable laws
Remove proprietary notices
Use for unauthorized commercial purposes
Make available over unauthorized networks
Create competitive products

12. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose without acknowledgment or compensation to you.

13. SITE MANAGEMENT

We reserve the right, but not the obligation, to:

Monitor the Site for violations of these Terms of Use
Take appropriate legal action against violators
Refuse, restrict access to, or disable any of your Contributions
Remove files and content that are excessive in size or burdensome
Manage the Site to protect our rights and property

14. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States.

15. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification.

16. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION, WE RESERVE THE RIGHT TO DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account. In addition to terminating your account, we reserve the right to take appropriate legal action.

17. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance. You agree that we have no liability for any inconvenience caused by your inability to access the Site.

18. GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

19. DISPUTE RESOLUTION

Any legal action shall be commenced or prosecuted in the state and federal courts located in United States of America, California, and the Parties hereby consent to venue and jurisdiction in such courts.

In no event shall any claim, action, or proceeding be commenced more than one (1) years after the cause of action arose.

20. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

21. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.

We make no warranties about the accuracy or completeness of the Site's content. We assume no liability for any errors, unauthorized access, interruptions, bugs, viruses, or omissions in any content.

22. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO $800.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

23. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand including reasonable attorneys' fees made by any third party due to or arising out of:

Your Contributions
Use of the Site
Breach of these Terms of Use
Breach of your representations and warranties
Violation of third-party rights
Harmful acts toward other users

24. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

25. ELECTRONIC COMMUNICATIONS

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, and other communications satisfy any legal requirement that such communication be in writing.

26. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

27. MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and us. Our failure to exercise any right shall not operate as a waiver.

We may assign our rights to others at any time. If any provision is unlawful or unenforceable, it shall be severed without affecting the remaining provisions.

There is no joint venture or partnership created between you and us. You waive any defenses based on the electronic form of these Terms.

28. CONTACT US

If you have questions about these Terms and Conditions, we're here to help.