Terms of Use

1. ACCEPTANCE

Welcome to the Atlas Search websites, together with any materials and services available therein, and successor site(s) thereto (individually referred to as the “Site,” or collectively as the “Sites”), which are operated by Atlas Search LLC. and its subsidiaries (“Atlas Search” or “we” or “us”).

These Terms of Use (“Terms”) state the terms and conditions governing your use of and access to the Sites and constitute a legally binding contract between you and Atlas Search. These Terms incorporate any additional terms and conditions posted by Atlas Search through the Sites, or otherwise made available to you by Atlas Search.

The  Privacy Notice  (alternately referred to as the “Policy”) describes how Atlas Search may use and disclose information that we may collect about all users and viewers through the Sites.

PLEASE REVIEW THESE TERMS AND POLICY CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE SITES OR THE INFORMATION DISPLAYED ON THE SITES CONSTITUTES ACKNOWLEDGEMENT OF HAVING READ AND UNDERSTOOD THESE TERMS AND POLICY AND YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS AND POLICY. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS AND POLICY, THEN YOU MUST NOT USE OR ACCESS THE SITES.

We may change these Terms and/or Policy from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms or Policy through the Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms or Policy incorporating such changes, or otherwise notified you of such changes.

In the event of a conflict between these Terms and/or Policy, and any other applicable terms or agreement fully executed by you and Atlast Search (“Other Terms”), the Other Terms or agreement shall control.

The “Last Updated” legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the Sites (including access to the Sites via any third-party links), or offer opportunities to some or all Site users. Any changes will become effective when we post the revised Terms on the Sites. Your use of the Sites following these changes means that you accept the revised Terms.

Atlas Search is not a law firm and does not provide legal representation. Atlas Search project attorneys do not constitute a law firm among themselves.

Welcome to the Atlas Search websites and the Atlas Search mobile application, together with any materials and services available therein, and successor site(s) thereto (individually referred to as the “Site,” or collectively as the “Sites”), which are operated by Atlas Search LLC. and its subsidiaries (“Atlas Search” or “we” or “us”).

2. ELIGIBILITY

By using the Sites, you affirm that you are of legal age to enter into these Terms. If you are an individual accessing or using the Sites on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization,” or collectively also referred to as “you”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Sites and to any such Organization.

The Sites are intended for use by residents of the United States only. The Sites are controlled and/or operated from the United States, and are not intended to subject Atlas Search to any non-U.S. jurisdiction or law. The Sites may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Sites is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Sites’ availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.

3. LICENSE

Subject to and conditioned on your compliance with these Terms, Atlas Search grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Sites, and to download copies of the materials that we make available for download on the Sites, in each case solely for your personal and non-commercial use or for the purpose of doing business with Atlas Search.

The Sites, including all content, information, and materials incorporated into or made available through the Sites, are the exclusive property of Atlas Search or its suppliers, and are protected by U.S. and international law. You agree not to access or use the Sites, or any content, information, or materials incorporated into or made available through the Sites, except as expressly permitted under these Terms.

All trademarks, service marks, and logos displayed on the Sites (the “Marks”) are the exclusive property of Atlas Search or their respective third-party owners. Except for your right to view Marks on our Site, you are not granted any rights to the Marks. Nothing in the Sites grant, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Sites.

4. USER-SUBMITTED MATERIALS

The Sites may include functionality that enables you to upload your résumé, other employment and career-related information, job orders, and/or other information related to your Organization, and may also enable you to submit comments, materials, or contact information, including but not limited to your name, email address, and phone number, or to chat and engage in other messaging functionality through interactive features such as blogs, message boards, other forums. All such résumés, information, comments, and materials are “Submitted Materials.” For clarity, you retain ownership of your Submitted Materials. If you choose to submit Submitted Materials, you hereby grant Atlas Search a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use and exploit such Submitted Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

If you choose to submit Submitted Materials, you represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submitted Materials, and your provision thereof through and in connection with the Sites, are complete and accurate, and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party including intellectual property rights. For each of the Submitted Materials, you further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of Submitted Materials that you may have under any applicable law under any legal theory. It is your responsibility to ensure the Submitted Materials are true, accurate, current, and complete.

Atlas Search may (but has no obligation to) screen, monitor, evaluate, and remove any Submitted Materials at any time and for any reason, or analyze your access to and use of the Sites. We may disclose information regarding your access to and use of the Sites, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

For clarity, certain information that you provide to Atlas Search through the Sites may also be governed by Atlas Search’s Privacy Notice, located at atlassearchllc.com/privacy-policy/.

5. FEEDBACK

We do not accept or consider any unsolicited ideas, proposals, suggestions, or other materials whether related to the Sites or otherwise (collectively, “Feedback”), including Feedback about new or improved products, technologies, or potential security vulnerabilities. Please do not submit any Feedback to us. If you do submit Feedback, you hereby acknowledge and agree that regardless of what your correspondence says, (a) Atlas Search is not obligated to review, acknowledge, or pay you for any Feedback; (b) such Feedback automatically becomes our intellectual property, without any compensation to you, and we may use or distribute the Feedback in any way and for any purpose without restriction; (c) Atlas Search has no fiduciary or other obligation to you or to any other person; (d) Feedback shall be deemed to be non-confidential; and (e) Atlas Search has no obligation to keep Feedback confidential. We reserve the right to pursue civil and criminal action against you and to notify law enforcement for any violations of these Terms, including, but not limited to, research into potential security vulnerabilities of the Sites.

6. RULES OF CONDUCT

In connection with the Sites, you agree NOT to:

Post, transmit, or otherwise make available through or in connection with the Sites, any Submitted Materials or Feedback that are or may be (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent, or otherwise tortious; (c) obscene, indecent, pornographic, or otherwise objectionable; or (d) protected by a third party’s copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner.
Post, insert, transmit, or otherwise make available through or in connection with the Sites any malicious or harmful software that is or is intended to (a) make unauthorized changes to or cause damage to any hardware, software, or equipment, including Third-Party Materials as defined below; (b) copy, provide unauthorized access to, or prevent authorized access to confidential information or personal data; or (c) prevent detection of any unauthorized invasion of any hardware, software, or equipment (each, a “Virus”).
Use the Sites for any unauthorized commercial purpose, including competing with Atlas Search, or for any purpose that is fraudulent or otherwise tortious or unlawful.
Harvest or collect information about users of the Sites.
Interfere with or disrupt the operation of the Sites or the servers or networks used to make the Sites available, including by hacking or defacing any portion of the Sites, or violate any requirement, procedure, or policy of such servers or networks.
Restrict or inhibit any other person from using the Sites.
Reproduce, copy, modify, adapt, translate, create derivative works of, sell, resell, license, sublicense, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Sites except as expressly authorized herein.
Reverse engineer, decompile, or disassemble any portion of the Sites, except where such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark, or other proprietary rights notices from the Sites.
Frame or mirror any portion of the Sites, or otherwise incorporate any portion of the Sites into any product or service.
Systematically download and store Site content.
Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Sites, without Atlas Search’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Atlas Search grants to the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Atlas Search reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
Permit, assist, or encourage any other person to do any of the foregoing in this section or to engage in any act or omission that would constitute a breach of these Terms.

7. THIRD-PARTY MATERIALS

The Sites may make available or provide links to third-party websites, content, services, or information (“Third-Party Materials”). Atlas Search does not control, and is not responsible for, any Third-Party Materials and the availability of, or any links to, any Third-Party Materials on the Sites do not imply endorsement of, or affiliation with, the provider of Third-Party Materials. Your use of Third-Party Materials is at your own risk.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Atlas Search and its affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to your access to or use of, or activities in connection with, the Sites (including any Submitted Materials) or your violation or alleged violation of these Terms or the  Privacy Notice. You may not enter into a settlement of a claim that involves a resolution other than one consisting solely of a monetary settlement without Atlas Search’s prior written consent. This indemnity obligation shall survive the termination of these Terms.

9. DISCLAIMER

THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, AND ATLAS SEARCH EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE, OR TRADE.

While we try to maintain the timeliness, integrity, and security of the Sites, we do not guarantee that the Sites are or will remain updated, complete, correct, or secure, or that access to the Sites will be uninterrupted. We are not responsible for any inaccuracies, errors, or materials on the Sites. Additionally, we are not responsible for any unauthorized alterations to the Sites made by third parties.

You expressly acknowledge that the Sites might be affected by circumstances beyond Atlas Search’s control, might not be continuous, uninterrupted, or secure, and are subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Atlas Search is not responsible or liable for any delays, failures, damage, loss, or liability resulting from any of those problems. You acknowledge that security measures used by or on behalf of Atlas Search and its subcontractors and service providers might not protect the Sites against unauthorized access, use, or disclosure. Atlas Search is not responsible or liable for any unauthorized access to, or use, alteration, theft, or destruction of the Sites or any data stored or processed on the Sites (including Submitted Materials), whether through accident, fraudulent means or devices, or any other method.

10. LIMITATION OF LIABILITY

YOU AGREE ATLAS SEARCH AND ITS AFFILIATES, INCLUDING THEIR RESPECTIVE EMPLOYEES, OFFICERS, AGENTS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AGGRAVATED, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION OF, ACCESS TO, OR ALTERATION BY THIRD PARTIES OF ANY SUBMITTED MATERIALS, DATA, OR OTHER INTANGIBLES), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE ATLAS SEARCH WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITES OR FROM ANY THIRD-PARTY MATERIALS, INCLUDING FROM ANY MALWARE OR ANY VIRUS, WORM, HACK, OR MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITES IS TO STOP USING THE SITES. YOU AGREE THE MAXIMUM AGGREGATE LIABILITY OF ATLAS SEARCH FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WILL BE $100.

Applicable law may not allow for limitations on certain implied warranties and conditions, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have certain additional rights.

11. TERMINATION

Atlas Search may terminate or suspend your access to the Sites at any time, with or without cause or notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension (a) your right to access and use the Sites will immediately cease; (b) Atlas Search may immediately deactivate or delete your username, password, and account; (c) Atlas Search will be under no obligation to maintain or provide you with access to any materials associated with your account (including Submitted Materials or Feedback) and may retain or delete such materials in Atlas Search’s sole discretion; and (d) except for the license granted to you to access and use the Sites, the remaining provisions of these Terms will survive and continue in effect.

12. NOTICE OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Sites infringe your copyright, you (or your agent) may send to Atlas Search a written notice by mail or email, requesting that Atlas Search remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Atlas Search a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to:

13. GOVERNING LAW; JURISDICTION

These Terms are governed by, and will be construed in accordance with, the laws of (a) the state where you use or access the Sites; or (b) if a dispute arises relating to (i) your consideration for placement on a job, (ii) your placement on a job, or (iii) your job order, the state in which the job opportunity at issue is located.

14. GENERAL

These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Atlas Search. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms will be construed as if followed by the phrase “without limitation.”

These Terms, including any terms and conditions incorporated herein, constitute the entire agreement between you and Atlas Search relating to the subject matter hereof, and supersede any and all prior or contemporaneous oral agreements or understandings between you and Atlas Search relating to such subject matter.

Notices to you (including notices of changes to these Terms) may be made via posting to the Sites or by email (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Atlas Search will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

15. ACCOUNT AND PASSWORD

You may need to register for an account to use all or portions of the Sites. We may reject, or require that you change, any username, password or other information that you provide to us during registration or once registered. You, and not Atlas Search, are responsible for the security of and any use or misuse of your username or password. In particular, it is your sole responsibility to (a) maintain the confidentiality of your account login and password; (b) frequently update and revise your password; and (c) promptly notify Atlas Search if there is any unauthorized use of your account(s) or any breach of security by contacting us in accordance with the “CONTACT US” section below.

16. CUSTOMERS

If you are a business client of Atlas Search to whom we provide services (“Customer”), you may register with Atlas Search on the Sites. If you are a Customer using the Sites, the Terms of Service for Customers state additional terms and conditions governing your use of contract talent services, including your use of and access to the Sites listed above.

Once registered, you may be able to:

create new job orders;
review and modify existing job orders;
review details for each order, including Candidate Information (as that term is defined in Section 17);
update your contact information;
view candidate recommendations;
request to interview and/or engage candidates; and
review and approve time reports for Atlas Search candidates currently working on jobs with you.

You agree that you are solely responsible for all activities undertaken within your Customer account, including but not limited to any charges and additional fees incurred for extending or otherwise modifying jobs and creating new job orders.

If you wish to pay an outstanding invoice through the Sites (each such payment, a “Transaction“), you may be asked to supply certain information relevant to your Transaction including, without limitation, your bank information, routing number, bank account number, bank account type, credit card number, card verification number, the expiration date of your credit card, your billing address, billing phone number, and email. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY BANK ACCOUNT INFORMATION OR CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.

17. CANDIDATES

If you register as a candidate on the Sites (“Candidate”), you may opt to enroll in or be automatically enrolled in other Atlas Search offerings designed to assist you in finding a job. As part of the enrollment process, we may require you to provide us with certain information including, but not limited to, your résumé, name, email address, phone number, work history, education, experience, pay/compensation expectations, and geographic location (the “Candidate Information”). Once you have enrolled, Atlas Search personnel may reach out to you via the email address or phone number your provided, and work with you to finalize your Candidate profile and continue to work with you throughout your use of the Sites.

You may be able to update your job search criteria and preferences, upload and update your résumé, receive alerts, update your availability, view the status of your application, and provide us with additional information about you. Your Candidate Information may be viewed by Customers on the Sites according to Atlas Search’s matching algorithm. Customers may have the opportunity to communicate with you directly through the Sites. You may receive notification from the Sites regarding a Customer’s interest in you and details about the job. You may, in your sole discretion, accept or reject any interview requests. All requests for interviews by Customers through the Sites do not guarantee a final job or job offer, or a job offer at any particular level of compensation.

You agree that you are solely responsible for all activities undertaken within your account(s). Any initial communication between you and any Customer matched with shall be made exclusively through the Sites. Further communication with any Customer may only take place outside of the Sites after a Customer requests an interview with you and you accept the interview through the Sites. You further agree not to independently attempt to contact any Customer through an alternative means outside the Sites.

Further, without limiting the foregoing, Atlas Search (a) does not guarantee that you will receive any employment or job offers through the Sites; (b) will not be responsible for any job offers or listings, initial screenings, hiring decisions, or actual employment presented by third parties; and (c) is neither your employer nor your agent based solely on your usage of the Sites. You must use your own judgment in evaluating any prospective employers and any Third-Party Materials.

You authorize Atlas Search, Customers, and their respective agents to make investigations and inquiries into your work and educational history and other related matters as may be necessary in arriving at a decision to place you on a job. Atlas Search may use a third-party vendor to perform such investigations/inquiries. If a third-party vendor is used, you will be provided additional disclosures and authorization forms as required by applicable laws prior to a third party performing such investigations/inquiries.

You release employers, schools, and other persons from all liability in responding to inquiries connected with your application and you specifically authorize the release of information by any schools, businesses, individuals, services or other entities listed by you in the Candidate Information. Furthermore, you authorize Atlas Search and its agents to release any reference information to Customers who request such information for purposes of evaluating your credentials, skills, and experience and you acknowledge that Customers may reach out to you directly.

You certify as to the accuracy of the Candidate Information and in any résumé or other work history information. You understand that any misstatement of fact may cause you to be refused a job by Customer, to lose your job once placed on a job with Customer, or may result in removal of your account from the Sites. You are responsible for keeping Candidate Information accurate, complete, and up to date at all times.

You agree that by using the Sites as a Candidate, Atlas Search may contact you via the phone number (via text, call, or video conference) provided to Atlas Search, including cell phone numbers. You also agree that by using the Sites, Atlas Search may provide you with job opportunity or general employment information by sending email to you at the email address provided to Atlas Search.

18. CONTACT US

If you have any questions or complaints about the Terms or the Policy, or if you would like to update any personal information you have provided to us, please contact us at the mailing address or email address below.

Mailing Address:

New York
1540 Broadway, 10th Floor
New York, NY 10036

New Jersey
200 South Ave East, Suite 203
Cranford, NJ 07016

Email:
info@atlassearchllc.com

Phone:
212-655-5477 – Headquarters
646-693-0059 – 24/7 Emergency Hotline

Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.