Effective: 1/1/2023
Updated: 6/1/2023
This website (the “Website”) is operated by Inclusive Group Inc. doing business as Inclusive Network, Inclusive, and Inclusive.app, The Terms of Use set forth below are binding on all users of this Website. By directing your browser to this Website or otherwise accessing the pages of this Website, you accept these Terms of Use. Inclusive may change the Terms of Use, or may modify or discontinue the Website or services offered thereon, at any time at its sole discretion. Inclusive reserves the right, at its sole discretion, to deny further or continuing access to the Website to any visitor, including, without limitation, any user that Inclusive determines has violated any aspect of these Terms of Use. Inclusive reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by Inclusive HR.
Adult users only
This Website is not intended for children under 18 years of age. If you are under 18, you are not authorized to use this Website and will not be afforded access to any features of this Website that allow for you to provide information to us or to share information with other users of this Website.
Personal safety
Inclusive STRONGLY ADVISES YOU TO USE EXTREME CAUTION BEFORE SHARING PERSONALLY IDENTIFIABLE INFORMATION WITH OTHER USERS OF THIS WEBSITE. INCLUSIVE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OR SCREENINGS OF ITS USERS. INCLUSIVE ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS BUT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
Your safety and security are very important to us. The nature of this Website promotes the sharing of personal information by users with other users. Inclusive cannot and does not assure that it is safe for you to have direct contact with other users of this Website. Current technological developments make it possible for users of the Internet to obtain personal information about, and locate, other users, with very little other information. For example, it is possible to use certain widely available commercial Internet search engines to locate a person’s home solely using that person’s correct name. If you believe that any user of this Website is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us privacy_dept@Inclusive.hr so that we may take appropriate action to block further use of the Website by any user who is using this Website and information obtained from it for improper purposes.
IF YOU ARE UNDER 18 YEARS OF AGE BUT HAVE IMPROPERLY ACCESSED THIS WEBSITE BY PROVIDING FALSE INFORMATION TO US, NOT ONLY ARE YOU AN UNAUTHORIZED USER USING THIS WEBSITE IN VIOLATION OF THESE TERMS OF USE, BUT YOU MAY ALSO BE PUTTING YOURSELF AND OTHERS IN DANGER. YOU AGREE THAT Inclusive IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE WEBSITE AND IS NOT LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE.
By accessing this Website, you agree to use any personal information provided to you by other users of this Website in a lawful and responsible manner. You further agree that you will not use personal information about other users of this Website for any reason without the express prior consent of the user that has provided such information to you.
Inclusive Services
Inclusive provides Internet based services through which employers and staffing companies seeking employees and independent contractors can efficiently and effectively review and interview candidates.
Inclusive provides Inclusive Services through its Apps and Website, and all other suite of features, products and services offered through Inclusive from time to time.
Inclusive will not sell any customer or consumer content or information to any third party.
Video Content and Services.
Inclusive provides its Inclusive Customers a variety of video options and tools to use in association with the Inclusive Services. If you choose to use your webcam and microphone through Inclusive Services for audio and video communications, you authorize Inclusive to allow others to see and hear you through the audio and video obtained through these devices. You also authorize Inclusive to record and store such information on its servers in your Account.
Inclusive will not use your recorded content for any purpose unrelated to your Account. Of course, any individuals to whom you display such content will be able to hear and see such content.
Apart from those to whom you authorize access. Inclusive will not share or provide access to your content to any third party absent a subpoena or court order. And, should Inclusive ever be subpoenaed for content associated with your Account, Inclusive shall provide you notice and an opportunity to file a motion objecting to any disclosure.
Given you will be using Inclusive Services for employment related purposes, you agree not to use any content or information obtained in violation of any applicable laws. Inclusive cannot advise you or provide you guidance on these laws.
Job Seekers are expressly prohibited from creating their own recordings of Video Interviews. Inclusive employs reasonable measures to prevent any unauthorized recording of Video Interviews.
Inclusive may add additional types of video content from time to time.
No Guarantees of Employment.
Inclusive is not an employment agency. Inclusive does not make any representations as to the qualifications of any individual, entity or employer.
Additionally, where an individual, entity, group or employer successfully secures employment, Inclusive makes no guarantees or representations as to the satisfaction of such employment.
Additionally, Inclusive does not guarantee that any individual or entity will find employment or an employee through Inclusive Services.
Deletion of Content.
Except as provided elsewhere in these Terms of Use, all Customer Content and Video Content will no longer be accessible to you upon deletion or termination of your Account.
Where a Job Seeker requests that any video interviews and/or related information be deleted pursuant to these Terms, our Privacy and Security Policy, and/or pursuant to governing law (eg the GDPR), Inclusive, as the data processor, will send you, as the data controller, the request to approve or deny. If you approve the request, we shall comply with the request. If you deny the request, we shall inform the job candidate and provide information on how to proceed further (namely, we will explain that the dispute remains with you and not Inclusive).
Sub-Accounts. Depending on the plan purchased, you may be able to create sub accounts (“Sub Accounts”) for use by individuals you authorize. If you create Sub-Accounts, you agree to create a separate Sub-Account for each authorized individual. You also agree to only allow authorized individuals to obtain a Sub-Account and ensure they understand and agree to these Terms of Use.
Changes to Service. Inclusive reserves the right at any time to modify or discontinue, whether temporarily or permanently, any aspect of the Inclusive Services, in whole or in part. Any modifications to any of the Inclusive Services, including the releases of new features, tools or resources, shall be subject to these Terms of Use and incorporated policies. Sometimes, updates to Inclusive’s Software and/or code may require your computer to install additional third party software. Inclusive will provide you with notice of any major changes or modifications in the same manner as described in Section 2. Absence of any notice beyond changes in the Inclusive Services shall not affect the enforceability of these Terms of Use.
Premium Membership and Other Paid Features
Inclusive is free, but if you would like to upgrade to an upgraded membership or any other paid features (the “Service”), the following terms apply.
Billing and Payment. Inclusive bills you through an online account for use of the Service. You agree to pay Inclusive all charges you subscribe for on the Website using this online account. Inclusive may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This paragraph includes any agreements you make on the Website when you purchase the Service. You agree to maintain current, complete and accurate information for your billing account at any time you have a subscription. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
Automatic Renewal
(1) Your subscription for the Service will continue indefinitely until cancelled by you. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to the Change / Cancel Membership page. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed thereafter. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
(2) By subscribing, you authorize Inclusive to charge your credit card, debit card or other payment method at such time and again at the beginning of any subsequent subscription period, including any sales or similar taxes imposed on your subscription payments. Upon the renewal of your subscription, if Inclusive does not receive payment, you agree that Inclusive may either terminate or suspend your subscription and continue to attempt to charge your payment method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). If you do not terminate your subscription and/or if you continue to use the Service, you agree that Inclusive is authorized to charge the payment method in your online account. Inclusive may also seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
- Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee.
Limited License
(1) When you purchase features on the Website for a fee, some purchases grant you an unlimited license to use a feature during a set time period. Other purchases may grant you a limited license to use a feature.
(2) The terms of any purchase will be explained on the purchase page on our website, where you will provide your billing information and confirm the particulars of your purchase.
Privacy
You should appreciate that all information submitted on the Website might potentially be publicly accessible. Important and private information should be protected by you. We are not responsible for protecting, nor are we liable for failing to protect, the privacy of electronic mail or other information transferred through the Internet or any other network that you may utilize. See Inclusive HR’s privacy page for more information regarding privacy. The privacy policy is incorporated into and a part of these Terms of Use. We may use your profile picture of ‘personal narrative’ (video resume) to promote your candidacy. This may involve using your profile picture or ‘personal narrative’ on social media platforms and/or print and/or digital publications and/or television and/or radio mediums. If you are a passive candidate, currently employed, and would like to remain anonymous this may not be the platform for you.
Security
Inclusive uses industry standard efforts, such as firewalls, to safeguard the confidentiality of your personally identifiable information. However, perfect security does not exist on the internet; Inclusive cannot and does not guarantee that any personally identifiable information provided to us will not become public under any circumstances.
Access and proprietary rights
So long as you comply with these Terms of Use, you are authorized to access, use and make a limited number of copies of information and materials available on this Website only for purposes of your personal use in order to learn more about Inclusive or its products and services, or to otherwise communicate with Inclusive or utilize its services. Any copies made by you must retain without modification any and all copyright notices and other proprietary marks. The pages and content on this Website may not be copied, distributed, modified, published, or transmitted in any other manner, including use for creative work or to sell or promote other products. Violation of this restriction may result in infringement of intellectual property and contractual rights of Inclusive or third parties which is prohibited by law and could result in substantial civil and criminal penalties.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable Inclusive to find the alleged infringing material);
- your address, telephone number and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to Inclusive HR’s Copyright Agent at help@inclusive.hr
Inclusive HR, Inclusive, Inclusive.hr, 8andAbove, Elev8 Score, Inclusive.app, the Inclusive Network and other identifying marks of Inclusive are proprietary to Inclusive HR Inc. You may not use these marks for any purpose without the express prior written consent of Inclusive HR. Except as expressly set forth above, these Terms of Use do not grant to you any express, implied or other license or right under any patent, trademark or copyright of Inclusive or any third party.
In certain instances, Inclusive may agree to provide you with access to secure, password protected pages of the Website. Such access is restricted to authorized users only; any attempt by you to access these areas without authorization may subject you to criminal or civil liability.
Links
This Website may contain links to other websites that are not operated or controlled by Inclusive HR. Use of these links to access other Internet sites is at your own risk. Inclusive is not responsible for the accuracy, reliability or quality of any information or services provided or products sold at these sites. Inclusive establishes links to other websites for the convenience of its users; however, such links are not intended to be an endorsement of the other website.
Notices and disclaimers
THE CONTENTS OF THIS WEBSITE ARE PROTECTED BY COPYRIGHT AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT Inclusive HR’S WRITTEN PERMISSION EXCEPT AS EXPRESSLY SET FORTH ABOVE. USERS MAY NOT PUBLISH OR CREATE DERIVATIVE WORKS FROM THE CONTENTS OF THIS WEBSITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
The products and services mentioned or promoted on the Website, including password protected information relating thereto may be changed by Inclusive at any time without notice. Information about products or services offered by third parties are referred to on the Website for information purposes only. Inclusive HR’s provision of any such information is not intended to constitute an endorsement or recommendation, by Inclusive HR Inc, of such products or services.
USE OF THIS WEBSITE IS PROVIDED “AS IS, WHERE IS,” AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, NOR DOES Inclusive PROVIDE ANY WARRANTIES OF ANY KIND IN RESPECT OF ANY GOODS AND SERVICES PURCHASED OR PROVIDED VIA THIS WEBSITE (UNLESS OTHERWISE EXPRESSLY STATED IN WRITING IN THE RELEVANT TERMS AND CONDITIONS OF SALE) OR ANY LINKS TO THIS WEBSITE. Inclusive EXPRESSLY EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THIS WEBSITE AND ANY GOODS OR SERVICES PURCHASED VIA THIS WEBSITE OR ANY LINKS TO THIS WEBSITE. IN NO EVENT SHALL Inclusive BE LIABLE FOR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF ANY INACCURACY OR ERROR IN THE INFORMATION PROVIDED ON THE WEBSITE, ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE WEBSITE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS WEBSITE OR ANY LINKS TO THIS WEBSITE. Inclusive SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA OR EQUIPMENT ARISING OUT OF YOUR RELIANCE ON THE INFORMATION PROVIDED ON THIS WEBSITE, THE USE OR INABILITY TO USE THIS WEBSITE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS WEBSITE OR ANY LINKS TO THIS WEBSITE, EVEN IF Inclusive HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, ERROR OR INTERRUPTION SHALL BE TO REQUEST THAT Inclusive CORRECT THE MATTER OR, IF Inclusive FAILS TO DO SO, TO DISCONTINUE USE OF THE WEBSITE OR ANY RELEVANT GOODS OR SERVICES AT YOUR OPTION.
Arbitration and Governing Law
The exclusive means of resolving any dispute or claim arising out of or relating to these Terms of Use (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
- By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. If this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in King County, Washington. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Washington without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Your use of this Website is governed by all applicable laws and regulations of the United States and any state and locality having jurisdiction. Information on this Website may be subject to U.S. export control restrictions. Your use of this Website may be subject to the laws of other countries if you are not located in the United States.
Unique and bonafide profile
You agree to create only one unique profile. In addition, in order to maintain the integrity of the Website, by joining, you agree that your use of the Website shall be for bona fide job-seeking or employment purposes (for example, you may not use the Website solely to compile a report of compatible jobs in your area, or to write a school research paper). From time to time, we may create test profiles in order to monitor the operation of our services.
Conduct
In your digital interactions with other users (including, but not limited to: site messages, instant messages, journal postings, and forum comments), you agree to conduct yourself civilly and respectfully. While using the website, you agree that you shall not under any circumstances harass or make mischief against any other user of the Website. Inclusive reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred; and may, also at its sole discretion, partially or completely deny service to any infringing party. As part of these efforts, Inclusive may enlist the help of its active users to moderate flagged messages, comments and other content to determine if a user’s conduct is harmful to the community.
Communications
You agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Website, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third-party partners.