Crosschq Reference Provider Terms
Last Updated: October 15, 2021
Thank you for providing a reference using Crosschq’s software platform. By providing a reference you are agreeing to these Reference Provider Terms (“Terms”). If you do not agree with these Terms, you should not use our software platform. Note that we may modify or change these Terms and/or our software platform from time to time at our discretion.
Your Use of the Crosschq Solution
To provide a reference on our platform, you must be designated as a reference by a candidate and will be asked by Crosschq (on behalf of the candidate) via email and/or SMS to complete a reference survey. While completing the survey, you agree to provide honest and accurate information on the candidate. Once you have completed the survey, you will submit the information you provided to Crosschq. After you submit your survey, you may also choose to opt-in as a job prospect (solely at your discretion). If you opt-in as a job prospect you are agreeing to 1) being contacted by companies that are interested in presenting you with job opportunities; and 2) having Crosschq enrich your profile with job history information found publicly on the Web (this information is used by Crosschq’s customers to determine if your profile matches one of their job openings). Opting-in does not guarantee that any companies will contact you.
In connection with your use of our platform you acknowledge and agree that:
- Crosschq shall have no liability in connection with any content that you provide as a reference while filling out a survey;
- You may notify a candidate that you decline to provide a reference and include reasoning as to why you have chosen to decline;
- A candidate may report to us that they believe a mistake is present in the information you provided as a reference. If they do so, we will take steps to investigate such report and may contact you during this investigation.
You agree that you will do none of the following:
- Interfere with or disrupt the operation of our software platform;
- Attempt to disable or circumvent any security that we use to protect our software platform, attempt to gain unauthorized access to any portion of the software platform, or use the software platform for any unauthorized or unintended purpose;
- Post, transmit or otherwise make available on our software platform any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, adult-oriented, or racially, ethnically or otherwise objectionable;
- Impersonate any person, including, but not limited to, a fake or imposter reference;
- Post, transmit or otherwise make available on our software platform content that you do not have a right to post, transmit or otherwise make available (including, but not limited to, proprietary and confidential information of third persons);
- Intentionally or unintentionally violate any applicable law relating to your use of our software platform.
Our Obligations to You
We have the following obligations related to your use of our software platform:
- If you have any questions, comments and/or complaints about our software platform during the Term, please contact us at firstname.lastname@example.org.
Upgrades and Maintenance
You acknowledge that in no event will we be liable to you or any person for any unavailability of our software platform caused by any reason or circumstance.
Ownership of Data and Feedback
You acknowledge and agree that all data provided by you when completing the survey is owned by the candidate who designated you as a reference and that you have no ownership interest in any such candidate data.
You agree that we are the exclusive owner of any feedback that you may provide to us in respect to our software platform and/or our business, even if your feedback leads us to create software, an invention, or other asset.
Indemnification by us. We agree to indemnify and hold you harmless from any and all claims, losses, damages, liabilities or expenses incurred by you and arising out of or in connection with a lawsuit or other legal proceeding brought by a third person alleging that the Crosschq software platform constitutes an unauthorized use or infringement of any third person’s intellectual property right.
Indemnification by you. You shall indemnify and hold us harmless from and against any losses incurred by us resulting from:
- The negligent or intentional misuse of our software platform by you;
- Your noncompliance or alleged noncompliance with applicable laws;
- A breach of any provision of these terms;
- A violation of any provision of any agreement or contract, whether written or oral, between you and any third person.
You agree that to the fullest extent permitted by applicable law, you will resolve all disputes you have with us through bi-lateral, binding arbitration as your sole and exclusive remedy. You waive your constitutional right to have any such dispute decided in a court of law and before a jury, and instead, agree to binding arbitration. To the maximum extent permitted by law, you agree not to bring, and waive, any right to bring a claim on behalf of persons other than yourself, or to otherwise participate with other persons in, any class, collective, or representative action.