Terms of Use

IMPORTANT: PLEASE REVIEW THESE TERMS OF USE BEFORE ACCESSING, USING OR SUBMITTING ANY INFORMATION ON WWW.KERPLUNK.COM along with all subdomains.

HirePros, Inc. (DBA Kerplunk) and its affiliates (hereinafter “Kerplunk”, “we” or “our”) operate this Website (the “Site”) and we also provide the Kerplunk web-hosted application platform, our mobile application, and provide related and ancillary services (“Services”).

These Terms of Use set forth the terms and conditions governing access to and use of the Site by casual visitors and potential customers or Users (“you”). Each time you access or use this Site, including submitting information requests, you accept the terms and conditions set forth in these Terms of Use as well as the terms and conditions set forth in our Privacy Notice (linked below) (collectively, “Terms”). If you disagree with any part of the Terms, you must not access or use the Site. We reserve the right to modify the Terms from time to time and the revised Terms will apply to use of the Site from the date of the publication of the revised Terms.

These terms shall not apply to any Customer with whom we have separate terms and/or an end user Master Services Agreement that governs Users of our Services that are mutually executed by Kerplunk and Customers (referred to herein collectively as “Users”).

THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT.

1. Acceptable Use

You may use the Site to learn about Kerplunk, our products and services, and to request information about our products and services.

You shall not (and shall not assist any third party to): (a) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure or organization) from the Site or from any other information by any means whatsoever; (b) distribute, disclose or allow use of any of the Site in any format through any timesharing device, service bureau, network or by any other means, to or by any third party; or (c) modify or create a derivative work of the Site or any portion thereof. You further agree that you will not upload or transmit any communications or content of any type through the Site that infringe or violate any rights of any party. By submitting communications or content through the Site or by email to us, you agree that such submission is accurate and non-confidential for all purposes. You may not use the Site to send unsolicited commercial email to any person.

You must not use the Site in any way that causes, or may cause, damage to, or impairment of the availability or accessibility of, the Site or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. You must also not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, or other malicious computer software.

2. Your Obligations

You are responsible for your usage of the Site, including any information requests you may submit through our Site. You shall indemnify us (in this provision – including our affiliates, officers, directors, employees, consultants, agents, clients, licensors and their respective successors and assigns) and hold us harmless against any claim, damage, loss, liability, or expense, including reasonable attorneys’ fees, arising out of your failure to comply with these Terms or any unauthorized use of the Site. You may not, in any way or by any means, rebroadcast or redistribute your access to or use of the Site. You may not scrape or collect any information available on the Site or in the Services. You may not post or transmit any threatening, obscene, libelous, unlawful, or otherwise offensive material. In addition, you agree to abide by all applicable local, state, national, and international laws, and regulations with respect to your use of this Site and that you are responsible for determining which such laws apply. We reserve the right, in our sole discretion, to immediately and without notice terminate your access to and use of this Site.

3. License to use the Site, Intellectual Property

Unless otherwise stated, Kerplunk and/or its licensors own the intellectual property rights in and to the Site, the Services, and all material on and generated from the Site or the Services. Except as expressly permitted in these Terms, all intellectual property rights in the Site and Services are reserved to Kerplunk. Subject to these Terms, we grant you a non-exclusive, non-transferable, limited right to access and use the Site for your own personal purposes. No other right, title, or interest in the Site is granted to you.

4. Privacy and Security

By using the Site, and to the extent authorized by applicable law and consistent with our Privacy Notice – General, you consent to such Processing of your Personal Data.  Our Privacy Notice – General can be found here:  https://www.kerplunk.com/privacy

5. Arbitration

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. SUBJECT TO THE TERMS OF THIS SECTION, YOU AND KERPLUNK AGREE THAT ANY AND ALL CLAIMS (AS THAT TERM IS DEFINED BELOW) THAT HAVE ARISEN OR MAY ARISE BETWEEN YOU AND KERPLUNK SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN IN COURT.

Except as otherwise stated herein, any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction pursuant to the Forum Selection provision of these Terms. If you desire to opt out of this arbitration provision, you must provide notice to Kerplunk before any further use of or access to the Site by sending such a request to hello@kerplunk.com.

6. Class Action Waiver

Separate and apart from the agreement to arbitrate set forth above and to the maximum extent permitted by law, the parties hereby independently waive any right to bring or participate in any class action, private attorney general action, or other representative action, however denominated, in any way for any Claims against the other.

YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST KERPLUNK, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.

7. Legal Age Requirement

By accessing or using this Site you hereby represent that you are at least 18 years of age – or the legal age of majority in your permanent jurisdiction of residence. We reserve the right to request anyone accessing the Site or our Services to provide written proof of age in any form.

8. Warranty Disclaimer

THE SITE AND ALL MATERIALS AND SERVICES AVAILABLE ON THE SITE ARE PROVIDED BY KERPLUNK ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ANY WARRANTY AS TO SECURITY, ACCURACY AND NON-INFRINGEMENT, AND ALL OTHER WARRANTIES, WHICH MIGHT OTHERWISE ARISE FROM COURSE OF DEALING BETWEEN YOU AND US OR USAGE OF TRADE.

NEITHER KERPLUNK, NOR ANY OF OUR CLIENTS, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE SITE, THE SERVICES OR ANY FUNCTION CONTAINED IN THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER KERPLUNK, NOR OUR CLIENTS, SERVICE PROVIDERS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM ANY USE OR THE INABILITY TO USE THE SITE OR SERVICES (INCLUDING CONTENT OR OTHER MATERIAL ON THE SITE OR ANY WEBSITE LINKED TO EITHER THE SITE OR THE SERVICES), PERFORMANCE OR USE OF THE SERVICES, AS WELL AS UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES EXCEED THE AMOUNT PAID BY YOU TO US IN THE MONTH IMMEDIATELY PRECEDING THE CLAIM OR $100, WHICHEVER IS GREATER. IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SITE.

10. Breaches of these terms and conditions

Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, and/or bringing court proceedings against you. For the avoidance of doubt, any injunctive relief we may seek against you for your violation of these Terms shall not be subject to the arbitration clause and we may seek such injunctive relief and you waive any requirement of bond or proof of damages to seek such injunctive relief.

11. Links

The Site or the Services may contain links to third party websites.  Kerplunk is not responsible for the content of linked third party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites.

12. Governing Law and Jurisdiction

These Terms will be governed by, and construed and enforced in accordance with, the laws of the State of Delaware, U.S.A. without regard to conflicts of law principles. You hereby unconditionally and irrevocably submit to the exclusive jurisdiction and venue of the state and/or federal courts located in Dover, Delaware over any disputes that are not subject to arbitration or actions to enforce any arbitration award (except for disputes brought in small claims court).

13. CONTACT US

You can reach us at our contact page, here.

HirePros, Inc.