Terms & Conditions

Revised January 1, 2017

Please carefully read the following "Terms and Conditions" under which you may use BROKERHUNTER.com.

If you do not accept the Terms and Conditions stated here, do not use the Web Site and the services. By using BROKERHUNTER.com in its entirety or any part or page of it, you are accepting these Terms and Conditions as binding upon you. BROKERHUNTER may revise these Terms and Conditions at any time by updating this page. You should visit this page periodically to review the Terms of Use, because they are binding on you.

1.     Definitions.

Terms of identification such as "you", "User", "Candidate", "Firm", "Branch Office" and other identifying terms used throughout the website, in the additional agreements contained elsewhere on the website, and in this document refer to any and all individuals, persons and/or entities using this website for any reason. The "Company" or "BROKERHUNTER" or "BH" refers to BROKERHUNTER.com, LLC, a Limited Liability Company, and all of its members, employees, organizers, managers, agents and representatives including any third party organizations involved in providing technology platforms utilized by BROKERHUNTER for operation of its websites. "Candidate" refers to an individual who has registered on the BROKERHUNTER Web Site using the Candidate registration system supplied by BROKERHUNTER on the Internet. "Candidate Profile" or "Profile" refers to individualized information or data regarding a Candidate that, upon request, can be supplied to a Firm, based on information received from the Candidate through the Web Site. "Material" means the entirety of, and each parcel of, the website known as "BROKERHUNTER.com and/or any Virtual Career Fair hosted by BROKERHUNTER.com," (the "Site"), which includes but is not limited to all of the data and information available at or through the Site and includes information submitted by candidates and firms. "Material" also includes every textual, graphic or visual statement, expression or representation, the layout and methods, and the code and HTML commands contained at the Site. Material is also generally defined as each and every component of the Site.  "Web Site" or “Site” refers to the Internet Web Site offered by BROKERHUNTER.com, LLC ("BROKERHUNTER") at http://www.BROKERHUNTER.com and refers to each page, and each part of every page, as well as any combination of pages including the totality thereof, and all of the Material and parts thereof, of BROKERHUNTER.com. In addition, the term “Site” The Company is aware that the terms "Material" and "Site" may overlap, yet these terms are intended to convey the broadest possible meaning, to be liberally construed, to include every aspect of the subject matter and every possible combination of the included concepts.

2.     Use of the Site

The Company authorizes the user to view a single copy of the public portions of the Material, subject to the Terms and Conditions that the Company displays at any time at the Site, solely for your personal, non-commercial use. Non-public portions of the Site may be accessed or otherwise used only as authorized by the Company and may not be resold or transferred. In exchange, you agree to be bound to these Terms and Conditions, which govern appropriate and fair usage of proprietary information. The Site and each part thereof are protected under United States and foreign copyright, trademark and other laws. All and each part of the Material and the Site are the Company's property. You may not in any way use or alter the Material or the Site in any way contrary to these Terms and Conditions. The Site may be used only for lawful and authorized purposes by individuals seeking employment and career information and by firms seeking to employ the services of such individuals. Third parties, employment agencies or recruiters are strictly prohibited from using this Site, unless they specifically identify themselves as a third party at the appropriate place during the registration process. The Company may deny access or establish special conditions of use pertaining to any such parties. The Company may at any time modify these Terms and Conditions, and other agreements affecting your use of the Site, and you agree to be bound by the versions of such documents that may be posted at any time. You should review these provisions prior to each use of the Site.

3.     Registrations and Password

You agree to maintain the confidentiality and security of your registration and password. You will not share your password with any person or entity either within or outside of your firm, including but not limited to recruiters or employment agencies, unless that person has been expressly and specifically approved by the Company to have reasonable access to that information. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any loss or unauthorized use of your registration or password and further acknowledge that any misuse of your password or registration is your responsibility and the Company is in no way responsible or liable for it.

4.     User Postings

You are responsible for posting your own information and have sole responsibility for any actions arising from your posting on this Site.

You must not, and by using this Site you agree not to, do any of the following things: post or otherwise provide any incomplete, false or inaccurate biographical or firm information; post or otherwise provide information that is reasonably likely to mislead any individual or entity; post or otherwise provide information which contains any false statement; post or otherwise provide information that violates or seeks to avoid any applicable law or regulation; post or otherwise provide information that is inappropriate as the Company may determine in its sole discretion; post or otherwise provide information that is copyrighted, trademarked, otherwise protected under intellectual property laws or is confidential, unless you are the owner of the information or have the written permission of the owner to post it; delete or alter any data, information or words posted by another person; post or otherwise provide material that may be defamatory or embarrassing to another user or any other person or entity; post or otherwise provide sexually-explicit or obscene material or image; post or otherwise propose a business opportunity which is not consistent with the purposes of this Site as determined by the Company in its sole discretion; impersonate another person or misidentify yourself; or misrepresent the scope of your authority.

The Company assumes no liability for postings by any entity or person, and you hereby agree and acknowledge that the Company has no liability for any postings by any person, including but not limited to the truth of information supplied or the authority, legality, veracity or safety of the information, its communication, or the person(s) providing it.

The Company acts as an online medium for the distribution and publication of user data and has no obligation to screen data, communications or information in advance and is not responsible for editing, verifying or monitoring material posted by users. The Company operates a job bulletin board and does not warrant its content.

The Company may enforce these Terms and Conditions, but shall not be liable even if it does not do so. Past waivers or tolerance of violations of these Terms and Conditions does not make them invalid or diminish their binding nature nor preclude insistence on full and absolute compliance with these Terms and Conditions by any user of this Site.

The Company may, but has no obligation to, investigate postings on the Site and determine whether a course of action will be taken, which may include but is not limited to removal of the communication or to temporarily or permanently bar any user from the Site. The Company may require verification of any registration or posted information. The Company may take any action or take no action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion.

By submitting content to any public or non-public area of the Site, you grant the Company and every user of the Site an irrevocable, unconditional, royalty-free and perpetual right and license to use the content (in whole or in part), in any way, for the full term of any rights that you have.

The Company has the right to cross post Firm user job postings to other media as the Company deems appropriate. This may include, among other things, posting on other Internet job boards or websites for the purpose of increasing Candidate traffic and increasing awareness for the Firm's job postings.

5.     User Information

As a Job Candidate, when you register for the Site, you will be asked to provide the Company with certain information including your name and a valid email address. The Company will not intentionally disclose to any third party your name, address, e-mail address, telephone number or billing information without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or where relevant in legal proceedings.

By registering on the Site you are agreeing to accept email correspondence through and from BROKERHUNTER.com, relating to employment opportunities, account information or issues and general employment information, including our weekly newsletter “The BROKERHUNTER Bulletin” and any periodic hiring alerts or special information or messages, including promotional content from employers and/or third parties as deemed appropriate by BROKERHUNTER.com. Candidates may opt-out of any emails sent by BROKERHUNTER by clicking on any UNSUBSCRIBE link in emails received from the company. We honor all requests that we receive, however please allow up to 15 days to process. Alternatively, the email recipient can send an Unsubscribe message to us at custserv@brokerhunter.com.

Certain Candidate Profile information will be posted for public viewing, which does not identify a candidate’s name or other personal information such as phone number/email/address/resume, and this information may be distributed from the site via electronic, email or FAX transmission, or may be otherwise communicated. The Company will not intentionally provide information not authorized by the user, such as his/her name, but shall have no liability to you even if it does so. You understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your profile and/or user registration information. The Company reserves the right to offer third party services and products to you.
 

6.     Prohibited Uses of this Site

Firms may not use the non-public portions of this Site unless you have paid to the Company all applicable fees as set forth in the Site.

You are prohibited from violating or attempting to violate the security of the Site by any means now known or later developed. This will include but not be limited to submitting a virus or overloading the Site or otherwise attempting to penetrate security systems that are in place or taking or allowing any action which is intended or reasonably likely to disrupt or adversely affect the Site.

The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. You shall not attempt to copy or use the software and HTML code comprising or in any way making up a part of the Site; they are also protected by the Company's copyright.

Violations of system or network security may result in civil or criminal liability.

You acknowledge that any misuse of the Site will constitute, among other things, intentional interference with the Company’s business relationships or expectancies, and you acknowledge that you will be held liable for all relief recognized at law or in equity, including but not limited to the Company’s damages due to loss of business revenue or expectancy (the existence and amount of which may be proven by a preponderance of the evidence), as well as punitive damages.

7.     The Company's Liability

BROKERHUNTER.com will at times use web sites which act as venues for employers to post job opportunities and candidates to post resumes and apply to jobs. The Company does not screen or censor the listings offered. The Company has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings.

In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with persons unknown to you. You assume all risks associated with dealing with other users with whom you come in contact through the Site. You hereby agree to release and hold harmless the Company from any claims or demands of every kind and nature, known and unknown, choate or inchoate, disclosed and undisclosed, and any and all forms of damages, in any way related to your use of the Site.

Use caution and common sense and protect your own interests when using this Site.

The Material may contain inaccuracies. The Company makes no representation or warranty about the accuracy of the Site or the Material. The use of the Site and the Material is at your own risk.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material placed by you on the Site.

The Company is not to be considered to be an employer or employer’s agent or representative. The Company shall not be responsible for any employment decision or action, for whatever reason made. You hereby acknowledge that the Company has no liability or responsibility for any employment-related matters or claims -- including but not limited to any refusal to hire -- or the terms, duration, circumstances or requirements of employment.

8.     Disclaimer of Warranties

THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTY. THE SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT ACCEPT OR ENTER INTO ANY IMPLIED COVENANTS AND MAKES NO EXPRESS OR IMPLIED REPRESENTATION OF ANY TYPE WHATSOEVER.

THE COMPANY DOES NOT WARRANT THE SITE. IF YOUR USE OF THE SITE RESULTS IN LOSS OR DAMAGE TO YOUR HARDWARE, SOFTWARE OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

THE COMPANY DOES NOT REPRESENT, ENDORSE OR GUARANTEE THE ACTIONS OR PRACTICES OF USERS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON MATERIAL POSTED BY OTHER USERS WILL BE AT YOUR OWN RISK.

YOU HEREBY WAIVE ANY STATUTE OR OTHER LAW WHICH MIGHT IMPOSE LIABILITY ON THE COMPANY, AFFECT ITS ABILITY TO LIMIT ITS LIABILITY, OR IMPOSE ANY DUTY OR OBLIGATION ON THE COMPANY.

9.     Disclaimer of Consequential Damages

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE.

10.   Limitation of Liability

The aggregate maximum liability of the Company to you for all claims, regardless of THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) when or how they arose, will not exceed $100, regardless of any proof of any greater damages.

11.   Links to Other Sites

Only the Company may establish links to third party web sites on the Site. The links established by the Company are provided solely as a convenience to you and are not an endorsement. The Company is not responsible for the content of linked third-party sites. If you decide to access linked third party Web sites, you do so at your own risk.

12.   Termination

The Company reserves the right, at its sole discretion, to terminate access of any user and to pursue any or all of its legal and contractual remedies.

13.   Indemnity

You agree to defend, indemnify, and hold harmless the Company from and against any claims, actions or demands related to your use of the Material or the Site. In the event you breach of any of these Terms and Conditions, you agree to pay all proximately caused damages to the Company and further agree to advance and pay all of the Company's attorney’s fees and costs.

14.   Miscellaneous Provisions

If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The laws of the United States and the State of Georgia govern these Terms and Conditions. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within the State of Georgia.

You waive any law which might otherwise limit the Company's disclaimer of liability, or which otherwise might impose liability or duty on the Company.

These Terms and Conditions must be read as a whole. Section headings are for convenience only. For example, prohibitions are contained throughout these Terms and Conditions, not just in the section entitled "Prohibited Uses of this Site."

If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

15.   Additional Terms of Use

Certain areas of this Site are subject to additional terms. For example, some sections require payment of fees before access is authorized. By using any portion of the Site that is subject to additional terms, you agree to also be bound by all additional terms of use applicable to such areas. You agree to be bound by the terms of any additional agreement you enter into related to your use of the Site and acknowledge that the requirements of these Terms and Conditions are cumulative to the provisions of any additional agreement.

16.   Candidate Data Confidentiality Statement

First of all, you have our assurance that your Profile information, including email address and your ID information will never be sold, given or released in any way to any organization or individual without your permission.

In addition, we have gone to great lengths in designing our site to provide a level of confidentiality and security for our users. We understand that this is particularly important for producers when deciding to switch clients and a book of business to a new firm. We promise to treat your information carefully.

More About Hidden (confidential) and visible (non-confidential)

We have 2 Confidentiality settings that are available to Candidates posting their Profiles on BROKERHUNTER: Hidden (confidential) and visible (non-confidential).


BROKERHUNTER.com website option – Hidden or CONFIDENTIAL:

o    For the CONFIDENTIAL setting we DO NOT display that portion of the Profile that contains the job Candidate’s name, address, phone number, resume and email address. This is only made available if the Candidate decides to release it.

o    When a CONFIDENTIAL Candidate applies to a job posting or approves contact with a firm, then personal data (including name, phone number, email, etc.) is provided to the firm. That data is made available to the firm's requesting office.


BROKERHUNTER.com website option – Visible or NON-CONFIDENTIAL

o    NON-CONFIDENTIAL Candidate Profile information is available and can be viewed by any employer/firm that is enrolled with BROKERHUNTER, so be guided accordingly when you make the decision if elect this NON-CONFIDENTIAL setting.


However, since the data is no longer under our control, we cannot accept responsibility for its misuse by the employer/firm. If you know of any instance in which information from our database is being misused or compromised, please inform us immediately.

Candidates, we recommend that, if you are concerned about Confidentiality, you not post your Profile or conduct job searches from your office computer - use your own personal computer. Your current employer, especially in the regulated securities industry, has the right to inspect outgoing and incoming email and history/usage information, which may not be what you have in mind.

Secure Transactions for Payments

BROKERHUNTER.com allows hiring firms (whether corporate or individual employees) to use credit card transactions in a secure environment. When you are prompted for payment, you may proceed in confidence as you would on any other secure Internet site.

Cookies

BROKERHUNTER.Com utilizes "cookies" to facilitate your use of our site. We do not track your internet usage or gather personal information other than the data we request in our profile interview. Remember, we will NOT sell your personal data to any other firm. Your confidence in us is of utmost importance, and we will maintain your trust.

17.   Citizenship Status Discrimination Guidelines

The Immigration and Nationality Act prohibits citizenship status and national origin discrimination with respect to hiring, termination, and recruiting or referring for a fee.8 U.S.C. § 1324b(a)(1)(B).

Employers may not treat individuals differently because they are, or are not, U.S. citizens or work authorized individuals. U.S. citizens, refugees, recent permanent residents and temporary residents are protected from citizenship status discrimination. Employers may not reject valid employment eligibility documents or require more or different documents on the basis of a person’s national origin or citizenship status.

Excerpt from the U.S. Department of Justice Website: http://www.justice.gov/crt/osc/htm/best_practices.php

Posting to BROKERHUNTER.com requires compliance with all applicable equal employment opportunity laws, including the anti-discrimination provision of the Immigration and Naturalization Act. The User acknowledges that the job posting employment ads sent from us to will be in compliance as stated above.

Please note that BROKERHUNTER.com is obligated to prohibit any posting that requires U.S. citizenship or lawful permanent residence in the U.S. as a condition of employment, unless otherwise required in order to comply with law, regulation, executive order, or government contract. We are also obligated to prohibit any job requirement or criterion in connection with a job posting that discriminates on the basis of citizenship status or national origin.

BROKERHUNTER.com will scan job postings regularly looking for the following language in job employment ads posted to our site that include the following language:

o    "Only U.S. Citizens"

o    "Citizenship requirement"*

o    "Only U.S. Citizens or Green Card Holders"

o    "H-1Bs Only"

o    "Must have a U.S. Passport"

o    "Must have a green card"

*UNLESS U.S. citizenship is required by law, regulation, executive order, or government contract, the above mentioned terms will be removed from the job employment ad.


SAFE HARBOR PRIVACY STATEMENT PERTAINING TO EU/EC RESIDENTS

Safe Harbor Standards

This Safe Harbor Privacy Statement (the "Statement") sets forth the privacy principles followed by BROKERHUNTER.com LLC (hereinafter referred to as 'BH') in connection with the transfer and protection of personal information received from residents of the European Union (EU), European Community (EC) and other countries adhering to the European Commission Directive on Data Protection.

About Safe Harbor

The Safe Harbor program was jointly established in June 2000 by the United States Department of Commerce and the European Commission, as a method for transferring personal information from the European Union (EU) to companies in the United States. The program is a voluntary self-certification process for companies operating in the United States. Companies that meet certification standards assert they are upholding privacy standards for personal information that have been jointly accepted by the European Commission and the U.S. Department of Commerce. These standards far exceed current US privacy standards. BH has certified it is in compliance with Safe Harbor standards and requirements.

Scope

This Statement governs personal information transferred from subject countries to the United States on behalf of BH. The scope applies to personal information in on-line and off-line formats.

Safe Harbor Privacy Principles

The following privacy principles apply to the transfer, collection, use or disclosure of personal information from BH.

Notice

Prior to an individual voluntarily providing their personal information to BH, they are:

o    Informed of the purposes for which their personal information will be used

o    Given the opportunity to keep their personal information confidential

o    Provided a unique username and password to access, update, or remove their personal information

o    Understand how to contact BH

Consistent with Safe Harbor requirements, they may be instances where BH may not be able to furnish advance notice of release of personal information. Specifically, notice is not required where the release of personal information is required by an official government inquiry; is required by applicable laws, court orders or government regulations; or is necessary to protect BH legal interests and providing such notice would interfere with those interests.

Choice:

BH will not process personal information about individuals for purposes other than those for which the information was originally obtained or subsequently authorized by the individual unless the individual affirmatively and explicitly consents ("opt-in"). BH also provides individuals with the opportunity to withdraw consent at any time ("opt-out"), in which case their personal information will no longer be available.

Data Integrity:

BH seeks to ensure that any personal information held about individuals is accurate, complete, current and otherwise reliable in relation to the purposes for which the information was obtained. BH collects only the personal information that is adequate, relevant and not excessive for the purposes for which it is to be utilized. Individuals have a responsibility to assist BH in maintaining accurate, complete and current personal information about them. Statement (the "Statement") sets forth the privacy principles followed by BROKERHUNTER.com LLC (hereinafter referred to as 'BH') in connection with the transfer and protection of personal information received from residents of the European Union (EU), European Community (EC) and other countries adhering to the European Commission Directive on Data Protection.

About Safe Harbor

The Safe Harbor program was jointly established in June 2000 by the United States Department of Commerce and the European Commission, as a method for transferring personal information from the European Union (EU) to companies in the United States. The program is a voluntary self-certification process for companies operating in the United States. Companies that meet certification standards assert they are upholding privacy standards for personal information that have been jointly accepted by the European Commission and the U.S. Department of Commerce. These standards far exceed current US privacy standards. BH has certified it is in compliance with Safe Harbor standards and requirements.

Scope

This Statement governs personal information transferred from subject countries to the United States on behalf of BH. The scope applies to personal information in on-line and off-line formats.