Terms of Service

THE FOLLOWING TERMS AND CONDITIONS GOVERN ALL USE OF THE ORANGE WING CONSULTING WEBSITE AND ALL CONTENT, SERVICES AND PRODUCTS AVAILABLE AT OR THROUGH THE WEBSITE.

The Website is owned and operated by Orange Wing Consulting. The Website is offered subject to your acceptance without modification of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Orange Wing Consulting's Privacy Policy) and procedures that may be published from time to time on this Site by Orange Wing Consulting (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Orange Wing Consulting, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old. Orange Wing Consulting reserves the right to refuse Service to anyone, or cancel an account, for any reason at any time.

In the event of unauthorized access to or use of personally-identifying information (i.e. data that identifies an individual that compromises the security, confidentiality, availability or integrity of such personally identifying confidential information and does or is reasonably likely to result in misuse of such personally identifying confidential Information ("Security Incident")), in Orange Wing Consulting's possession or control, Orange Wing Consulting agrees to comply with all applicable breach notification laws of the relevant states and to reasonably cooperate with you in your investigation of the Security Incident.

Rules of Conduct.

As a user of Orange Wing Consulting, you agree that you:

• will not respond candidates in any way other than that which is expected (i.e. contacting a job applicant to discuss the job posting applied for or a resume search candidate for an available job opening).
• will not communicate any candidates in a solicitous manner, including communications made via email.
• will protect the security of your password. Protecting your password is your responsibility. You are responsible for all uses associated with your account registration regardless of whether or not you authorized use thereof. If someone gains access to your account and uses it in such a way that violates our Terms of Service, Orange Wing Consulting reserves the right to cancel your account. You agree to notify support in the event that you become aware of unauthorized use of your account.
• will notify support if you become aware of any misuse of Orange Wing Consulting.
• have accurately represented your business to Orange Wing Consulting If Orange Wing Consulting becomes aware at any time that you misrepresented your business in any way, Orange Wing Consulting reserves the right to cancel your account.

Your Orange Wing Consulting Account and Site.

If you create an account on the Website, you are responsible for maintaining the security of your account and your job listing service, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the job listing service. You must not describe or assign keywords to your job listing service in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Orange Wing Consulting may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Orange Wing Consulting liability. You must immediately notify Orange Wing Consulting of any unauthorized uses of your job listing service, your account or any other breaches of security. Orange Wing Consulting will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors.

If you operate a job listing service, comment on a job listing service, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• each active job listing you publish in your Orange Wing Consulting account is unique (having more than one active job listing for the same open position is expressly prohibited) and;
• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
• your job listing service is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other services and web sites, and similar unsolicited promotional methods;
• your job listing service is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your job listing service's URL or name is not the name of a person other than yourself or company other than your own; and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Orange Wing Consulting or otherwise.

By submitting Content to Orange Wing Consulting for inclusion on your Website, you grant Orange Wing Consulting a world-wide, royalty-free, and non-exclusive license to include submitted content on Orange Wing Consulting's website and/or to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting your Content. If you delete Content, Orange Wing Consulting will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Orange Wing Consulting has the right (though not the obligation) to, at Orange Wing Consulting's sole discretion (i) refuse or remove any content that, in Orange Wing Consulting's reasonable opinion, violates any Orange Wing Consulting policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Orange Wing Consulting's sole discretion. Orange Wing Consulting will have no obligation to provide a refund of any amounts previously paid.

Fees and Payment.

Orange Wing Consulting offers Virtual Recruiting Support services as a premium paid recurring subscription. All Orange Wing Consulting's services are offered on a month-to-month basis. Services will auto-renew if not notified in writing within 10 (ten) days of the beginning of the next service period.

By selecting a premium service, you agree to pay Orange Wing Consulting any fees indicated for that service. Payments will be charged on the day you complete orientation for your premium service and will cover the use of that service for a given time period as indicated. Premium service and/or subscription fees are not refundable.

Orange Wing Consulting uses a third-party payment collection service (Square) for payments made via credit cards. You may also make payments directly to Orange Wing Consulting by check or ACH.

Orange Wing Consulting reserves the right, at any time, to change its prices and billing methods for the Service, effective immediately upon posting to the Site or by email delivery to you.

Refund Policy.

Orange Wing Consulting is a recurring subscription service, and the service is charged in advance, automatically, at each renewal date unless you make modifications to your subscription plan that impact your billing cycle and/or the amount due. When you cancel your Orange Wing Consulting subscription 10 (ten) days prior to the beginning of the next service period, we will not bill you again, but do not offer refunds or credits for partial or unused terms of service or for upgrades/downgrades. For any upgrade in subscription plan level, the credit card that you provided will automatically be charged at the point in time when you upgrade. Downgrading your Service will not result in any refund and may cause the loss of access to content, features, or capacity of your Account.

Free and Paid Job Boards.

Orange Wing Consulting offers its users the option to indicate a preference to post an active job posting(s) in a user's Orange Wing Consulting account to Orange Wing Consulting's network of free job boards. Orange Wing Consulting also offers its users the option to purchase advertising for an active job posting(s) in a user's Orange Wing Consulting account to participating members of Orange Wing Consulting's network of paid online job boards. Each participating member of Orange Wing Consulting's free and paid job board network has its own set of terms and conditions governing the posting of jobs on its job board website. For this reason, Orange Wing Consulting reserves the right to suppress from free and/or paid syndication any posting for any reason. Suppressing an active job posting from syndication is not a decision we take lightly, but is sometimes necessary due to participating members' job posting terms and conditions. It is the user's responsibility to ensure that a user's job posting is in compliance with the terms and conditions of any job board (free or paid) the user wishes to post a position to. Orange Wing Consulting will not collect payment from a user for advertising a job posting where Orange Wing Consulting does not and/or cannot syndicate the job posting to the paid job board in question. The participating members of this free and paid online job board network are subject to change.

Responsibility of Website Visitors.

Orange Wing Consulting has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Orange Wing Consulting does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Orange Wing Consulting disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Orange Wing Consulting links, and that link to Orange Wing Consulting. Orange Wing Consulting does not have any control over those non-Orange Wing Consulting websites and webpages, and is not responsible for their contents or their use. By linking to a non-Orange Wing Consulting website or webpage, Orange Wing Consulting does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Orange Wing Consulting disclaims any responsibility for any harm resulting from your use of non-Orange Wing Consulting websites and webpages.

Copyright Infringement.

As Orange Wing Consulting asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Orange Wing Consulting violates your copyright, you are encouraged to notify Orange Wing Consulting. Orange Wing Consulting will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Orange Wing Consulting or others, Orange Wing Consulting may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Orange Wing Consulting will have no obligation to provide a refund of any amounts previously paid to Orange Wing Consulting.

Intellectual Property.

This Agreement does not transfer from Orange Wing Consulting to you any Orange Wing Consulting or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Orange Wing Consulting, the Orange Wing Consulting logo, and all other trademarks, service marks, graphics and logos used in connection with Orange Wing Consulting, or the Website are trademarks or registered trademarks of Orange Wing Consulting or Orange Wing Consulting's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Orange Wing Consulting or third-party trademarks.

Reliance on Third-Party Systems.

Orange Wing Consulting does not store any credit card information from you. Instead, we utilize a Square, a Third-Party Payment Service. We are not responsible or liable for any problems that arise as a result of credit card information being misused after payment is made through our Third-Party Payment Service.

General Data Protection Regulation (GDPR)

These Terms incorporate the Data Processing Addendum ("DPA"), available here, when the GDPR applies to your use of the Service to process personal data (as defined in the DPA).

Notices:

Except as otherwise provided in this Agreement, notices and other communications under this Agreement shall be in writing and shall be delivered, mailed by first class mail, postage prepaid, or sent by facsimile or electronic mail, addressed, (a) if to you, at the address kept in our files or at such other address as you shall have furnished to us in writing, or (b) if to us, at:

Orange Wing Consulting
1602 E. Broad Street, Ste 1202
Columbus, OH 43203

Your notice must specify your name and Account. Each such notice, request, or other communication shall be effective (i) if given by mail, 72 hours after such communication is deposited in the mails with first class postage prepaid, addressed as aforesaid, (ii) if sent by facsimile or email, when sent and receipt is electronically confirmed or (iii) if given by any other means (including, without limitation, by air courier), when delivered at the address specified above. Oral notices shall be deemed effective on the date reflected in our records.

Service Availability.

We will make every available effort to keep Orange Wing Consulting Services operational 24 hours a day, 7 days a week. There will be periods of downtime for maintenance and upgrades, and sometimes, for reasons that we did not plan. We will attempt to provide at least 24 hours of notice for scheduled maintenance or downtime, but some downtime may be unscheduled and beyond our control. WE MAKE NO GUARANTEE AS TO UPTIME OR AVAILABILITY OF THE SERVICE.

Email Communications from Orange Wing Consulting to You.

You agree that Orange Wing Consulting may send email messages to you from time to time regarding planned service downtime, new features, and other communications that we believe our users will want to know about. You may opt out of receiving these emails by using the opt-out link provided in the email or by contacting support@OrangeWingConsulting.com. Some email messages are related to your account status and can only be opted-out of by canceling your Orange Wing Consulting account.

Changes.

Orange Wing Consulting reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Orange Wing Consulting may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.

Orange Wing Consulting may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Orange Wing Consulting account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a premium Services account, such account can only be terminated by Orange Wing Consulting if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Orange Wing Consulting's notice to you thereof; provided that, Orange Wing Consulting can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

The Website is provided "as is". Orange Wing Consulting and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Orange Wing Consulting nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, we salute you. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability.

In no event shall Orange Wing Consulting, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, or agents be liable for any damages including, but not limited to, direct, compensatory, indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of or relating to (i) your inability to use the materials, content, services or accounts; (ii) your misuse of the materials, content services or accounts; (iii) nonperformance or a failure of the services caused by acts or omissions of another service provider, (iv) equipment or software failure or modification; (v) telecommunications or computer equipment failures, or (vi) acts of God, or other causes beyond our reasonable control. The foregoing shall apply even if Orange Wing Consulting has been advised of the possibility of such damages. Orange Wing Consulting also makes no representations or warranties that your access to and use of the site, materials, content, services and accounts (1) will be uninterrupted or error free; (2) is free of viruses, unauthorized code, or other harmful components; (3) is secure; or (4) will meet your satisfaction. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the site, materials, content, service and account.

In no event shall Orange Wing Consulting, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders, agents and any underlying carrier be liable for injuries to persons or property arising from use of the services, or any equipment used in connection with the services.

If, notwithstanding the other terms of this agreement, Orange Wing Consulting should have any liability to you or any third party for any loss, harm or damage, you and Orange Wing Consulting agree that in no event shall liability of Orange Wing Consulting to you for any reason exceed our service charges during the affected period giving rise to such liability.

You and Orange Wing Consulting agree that this section of the agreement, "Limitation of Liability", is an agreed allocation of risk between you and Orange Wing Consulting You acknowledge that, absent your agreement to this Limitation of Liability, Orange Wing Consulting would not provide the site, materials, content, services, or accounts to you.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Orange Wing Consulting Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to defend, indemnify, and hold harmless Orange Wing Consulting, its parents, subsidiaries, affiliates, and their respective members, managers, directors, officers, employees, stockholders, agents and any underlying carrier, harmless from and against any and all claims, expenses or damages (including attorneys' fees), whether known or unknown, arising from, incurred as a result of, or in any manner related to (a) your use of the Services, (b) any other person's use of any account you maintain, or (c) your promises or statements made in this agreement. You hereby agree to waive all laws that may limit the effectiveness of the foregoing releases. This indemnification shall apply to the fullest extend permitted by law and shall survive termination of this agreement.

Miscellaneous.

This Agreement constitutes the entire agreement between Orange Wing Consulting and you (sometimes collectively referred to as the "parties") concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Orange Wing Consulting, or by the posting by Orange Wing Consulting of a revised version. Except with respect to any dispute involving a party's intellectual property rights, all disputes arising under this Agreement or relating to use of the Website shall promptly be submitted to arbitration in Franklin County, Ohio, before one arbitrator (who need not be AAA personnel) in accordance with the rules of the American Arbitration Association. The arbitrator may assess costs, including counsel fees, in such manner as the arbitrator deems fair and equitable. The award of the arbitrator shall be final and binding upon all parties, and judgment upon the award may be entered in any court of competent jurisdiction, unless otherwise provided herein. This Agreement shall be governed by the laws of the state of Ohio, without regard to the conflicts of laws doctrine of such state. Jurisdiction and venue over any intellectual property dispute arising under this Agreement shall lie with the Franklin County Court of Common Pleas or the United States District Court for Central Ohio. The parties waive any objections to such jurisdiction. Should either party attempt to resolve an intellectual property dispute by any method other than pursuant to this section, the responding party is entitled to recover from the initiating party all damages, expenses and attorneys' fees incurred as a result of that breach. Any party to this Agreement who breaches the intellectual property provisions of this Agreement shall be liable for all expenses, including costs and attorneys' fees, incurred by the Company to enforce this Agreement, regardless of the outcome of the matter. In addition, the prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect Orange Wing Consulting's original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Orange Wing Consulting may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties and their respective and applicable successors, personal representatives, heirs and permitted assigns.

Information for Job Applicants

If you have applied for a job at a website that contains "Orange Wing Consulting" or "Flik.jobs" in the URL, please read this important information. Orange Wing Consulting is online applicant tracking software and virtual recruiting support service that provides employers with a tool to post jobs online and manage their applicants. We are not a job board. Orange Wing Consulting owns the tradename Flik.Jobs and operates this website as our candidate facing brand. Part of Orange Wing Consulting' software services include providing Users with a job listings page where applicants can apply to that User's posted jobs. A Orange Wing Consulting sponsored job listings page will be formatted with "flik.jobs/employer/" followed by the User's company name or designated URL (for example, a User who creates an account for their company ABC Inc. might have a job listings page at the URL "flik.jobs/employer/abcinc").

Orange Wing Consulting has not reviewed, and cannot review, all of the material posted to the Website, including job listings posted by its Users, and disclaims responsibility for that material's content, use or effects. If you encounter any material posted to the Website that you feel is inappropriate or questionable, please contact support@OrangeWingConsulting.com

Users of Orange Wing Consulting's software may utilize the software to send emails and otherwise communicate with applicants. Orange Wing Consulting has not reviewed, and cannot review, communications in any format between its Users and Users' applicants. Orange Wing Consulting disclaims any responsibility for any and all communications between its Users and Users' applicants. If you feel that any communications you receive from Users of Orange Wing Consulting software sent on behalf of our Users contain any material that is questionable, please contact support@OrangeWingConsulting.com.

Email communications powered by Orange Wing Consulting that are sent on behalf of our users utilize the Flik.jobs brand and will be formatted as recruiter.name@employer.flik.jobs. These email addresses are to be used solely for the purposes of recruiting candidates for jobs through Orange Wing Consulting's virtual recruiting support services.

Employers should never ask applicants for payment of any kind. If you receive a request for payment of any kind from a User of Orange Wing Consulting, please contact us by email at support@OrangeWingConsulting.com. If you believe yourself to be the victim of internet job fraud, you may file a complaint with the Internet Crime Complaint Center (IC3).