These are the Terms and Conditions ("Terms")
under which all EXCELEAS®, LLC (“EXCELEAS”) subscribers and end
users ("You") may use EXCELEAS’ website and EXCELEAS’ services (each
as defined below). These Terms include EXCELEAS’ Privacy Policy, which is
incorporated into these Terms by reference and can be reviewed by visiting www.exceleas.com/privacy-policy.
These Terms are a binding agreement between You and
EXCELEAS, the operator of this website in the state or territory in which your
law enforcement agency (“Agency”) operates, and You are deemed to accept these
Terms each and every time You use or access EXCELEAS’ website or use an
EXCELEAS service (as defined in the paragraph below). If, after reading these Terms, you do not
want to accept or abide by these Terms, you must not use this website or EXCELEAS’
services.
EXCELEAS’ Software as a Service (SaaS) website, known as
the Law Enforcement Applicant Database™ program (“LEAD”), is located at www.leadprogram.us (the “Site”). EXCELEAS’ services (the “Services”) mean the
applications, materials, information, services, and documents offered by
EXCELEAS, including LEAD. Users (“Users”) may also access the Site to create
individual or organizational profiles, which may include personal information
(“Profiles”), and to make these Profiles, or aspects thereof, available to
certain Users. As part of Your use of
the Site and the Services, EXCELEAS may collect information about Your Agency
from publicly-available websites and may use this information to create a
Profile or append it to an existing Profile.
EXCELEAS may revise these Terms at any time by posting an
updated version to this URL. Because
these Terms bind You, You must visit this URL periodically to review the most
current Terms. It is Your responsibility
to review the most current Terms and Your failure to do so will not prevent You
from being bound by these Terms.
Users must abide by these Terms. If any User violates these Terms, EXCELEAS
may suspend or terminate the User’s access to the Site or Services.
You must be 13 years of age or older to visit or use
EXCELEAS’ Site, and, if under the age of 18, You must use the Site under the
supervision of a parent, legal guardian, or other responsible adult.
If You are registering an Agency account on the Site, You
must comply with following special requirements:
a.
The person registering shall be the Agency
executive (e.g., Chief of Police, Sheriff, Superintendent, Commissioner, etc.),
or someone authorized to act on their behalf, and the person registering must
certify to the same;
b.
You must supply accurate information regarding
Your Agency when registering, including but not limited to:
·
The Agency’s sworn personnel total, which
determines the yearly fee. Sworn personnel
totals are Your Agency’s authorized strength figure (i.e., the number of
positions budgeted for). This is not a
reduced figure if current vacancies exist and have not been filled. It also includes the Agency executive, if a
sworn law enforcement officer. EXCELEAS
may request proof of sworn personnel totals.
If discovered that an Agency’s sworn personnel totals are not accurate
(e.g., higher than indicated when registering or renewing an annual agreement),
the Agency will be required to pay the difference of the higher rate, to
include previous years’ annual agreements for as long as permissible by law;
·
Correct address information, including the
Agency’s billing address, if different from the headquarters address; and
·
Accurate contact information, including the
Agency’s phone and fax numbers, and the email address used to communicate with
the Agency account administrator
Unless otherwise permitted by law, You may not use the EXCELEAS Information (as defined below) or Profiles to determine a candidate’s eligibility for employment.
1. Your Use of EXCELEAS Information
Subject to these Terms, You may access and use the Site
and EXCELEAS’ Information to download and print a single copy of the content
available on or from the Site solely for Your Agency’s official use. The contents of the Site, such as designs,
text, graphics, images, video, information, logos, button icons, software,
audio files and other EXCELEAS information (the “EXCELEAS Information”), are
protected under copyright, trademark and other laws, and are the property of
EXCELEAS or EXCELEAS’ licensors. The
organization and presentation of all Information of EXCELEAS and is protected
by copyright, trademark, and other laws. Any use of EXCELEAS Information in
contravention of these Terms may violate these laws and/or applicable
communications regulations and statutes, and is prohibited. If You copy any EXCELEAS Information, you must
preserve all copyright, trademark, service mark or any other proprietary notice
provided in the EXCELEAS Information.
Any code that EXCELEAS creates to generate or display any
EXCELEAS Information Content or the pages making up the Site are also protected
by EXCELEAS’ copyright and You may not copy or adapt or otherwise use such
code. EXCELEAS will use any and all legal means to protect its code.
You agree not to sell or modify the EXCELEAS Information
or reproduce, display, publicly perform, distribute, or otherwise use the
EXCELEAS Information in any way for any public or commercial purpose, in
connection with products or services that are not those of the Site, in any
other manner that is likely to cause confusion, disparages or discredits
EXCELEAS or its licensors, dilutes the strength of EXCELEAS’ or its licensor’s
property, or otherwise infringes EXCELEAS’ or its licensor’s intellectual
property rights. You shall not misuse
the EXCELEAS Information or otherwise use the EXCELEAS Information in any way
that violates any applicable law or regulation.
2. Your Use of EXCELEAS’ Services
You agree that the use of the Site is for official Agency
purposes only. Any information obtained
from the Site’s databases concerning registered applicants, and other features
of the Site that track applicant statistics, may be used only by Agencies (or
authorized individuals) seeking potential applicants and for no other purposes.
Additionally, the Site's Networking and
Profiles may be used by Agencies and authorized individuals for permitted
professional networking purposes. Your
use of EXCELEAS’ Services is also subject to any Master Services Agreement
(“MSA”) or other contracts You may have with EXCELEAS. If there is a conflict between these Terms and
any MSA or contract you have with EXCELEAS, the terms of Your MSA or contract
will prevail. The term “Post” means any
information, images or documents that You submit, publish or display on the
Site.
You must maintain the confidentiality of Your account,
Profile and passwords, as applicable. You shall not share Your password or
other account access information with any other party, temporarily or
permanently, and You shall be responsible for all users and end users of
EXCELEAS Site registrations and passwords, whether or not authorized by You. You shall immediately notify EXCELEAS of any
unauthorized use of Your account, Profile, or passwords.
All EXCELEAS Users shall not:
a.
transmit, post, distribute, store or destroy
material, including without limitation EXCELEAS Information, in violation of
any applicable law or regulation, including but not limited to: laws or
regulations governing the collection, processing, or transfer of personal
information, or in breach of EXCELEAS’ privacy policy;
b.
use any device to navigate or search any the
Site other than the tools available on the Site, generally available third-party
web browsers, or other tools approved by EXCELEAS in advance and in writing;
c.
use any data mining, robots or similar data
gathering or extraction methods;
d.
violate or attempt to violate the security of
the Site including attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures without
proper authorization;
e.
forge any TCP/IP packet header or any part of
the header information in any e-mail or newsgroup posting;
f.
reverse engineer or decompile any parts of the
Site;
g.
aggregate, copy or duplicate in any manner any
of the EXCELEAS Information available from the Site, including expired job ads,
other than as permitted by these Terms;
h.
frame or link to any EXCELEAS Information
available from the Site, unless permitted by these Terms;
i.
post any content or material that promotes or
endorses false or misleading information or illegal activities, or endorses or
provides instructional information about illegal activities or other activities
prohibited by these Terms, such as making or buying illegal weapons, violating
someone's privacy, providing or creating computer viruses or pirating media;
j.
share any information obtained from the Agency’s
secure sections of the Site with anyone not privileged to access it, including
but not limited to: personnel from other Agencies that do not have an account
with EXCELEAS on the Site, or any other persons or organizations who are not
directly affiliated with law enforcement.
Information includes applicant information, statistical information
gleaned from the STAT™ section, and
information from the Background
Investigation Resources section;
k.
release or publish any resume to public at any
one time without permission of the affected individual;
l.
share with a third party any login credentials
to the Site;
m.
leave Your password available for another person
to view;
n.
leave Your account to the Site logged in at an
unattended and unlocked device;
o.
use any device that is infected with a virus or
does not contain adequate virus protection to access the Site;
p.
access data not intended for You or logging into
a server or account which You are not authorized to access;
q.
post or submit to the Site any incomplete, false
or inaccurate biographical information or information that is not Your own or
information You are not authorized to post or submit;
r.
solicit passwords or personally identifiable
information from other Users;
s.
delete or alter any material posted by any other
person or entity;
t.
harass, incite harassment or advocate harassment
of any group, company, or individual;
u.
send unsolicited mail or email, make unsolicited
phone calls or send unsolicited texts, tweets or faxes promoting and/or
advertising products or services to any User, or contact any users that have
specifically requested not to be contacted by You;
v.
promote or endorse an illegal or unauthorized
copy of another person's copyrighted work, such by as providing or making
available pirated computer programs or links to them, providing or making
available information to circumvent manufacture-installed copy-protect devices,
or providing or making available pirated music or other media or links to
pirated music or other media files; or
w.
use EXCELEAS’ Services for any unlawful purpose
or any illegal activity, or post or submit any content, resume, or job ad that
is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene,
threatening, abusive, hateful, racist, discriminatory, of a menacing character
or likely to cause annoyance, inconvenience, embarrassment, anxiety or could
cause harassment to any person or include any links to pornographic, indecent
or sexually explicit material of any kind, as determined by EXCELEAS’
unfettered discretion.
Violations of system or network security may result in
civil and/or criminal liability. EXCELEAS
will investigate occurrences that may involve such violations and may cooperate
with law enforcement authorities in prosecuting Users who are involved in these
violations.
3. Site Fee Structure
To maintain an Agency account on the Site, and to use
several unique features of the Site available only to law enforcement agencies
in the United States, EXCELEAS has a fee structure that Agencies must agree to
in order to use the EXCELEAS Services on the Site. All fees that may be assessed by EXCELEAS are
listed below and can also be viewed by visiting www.exceleas.com/pricing.
Annual Agreement Fees
Annual agreement fees are based on the Agency’s sworn
personnel total and consist of 7 pricing tiers, as follows:
1.
Tier 1 Law Enforcement Agency - $879.00
·
An Agency having up to 24 sworn law enforcement
officers;
2.
Tier 2 Law Enforcement Agency - $1,159.00
·
An Agency having no less than 25 and no more
than 49 sworn law enforcement officers;
3.
Tier 3 Law Enforcement Agency - $1,879.00
·
An Agency having no less than 50 and no more
than 99 sworn law enforcement officers;
4.
Tier 4 Law Enforcement Agency - $2,649.00
·
An Agency having no less than 100 and no more
than 249 sworn law enforcement officers;
5.
Tier 5 Law Enforcement Agency - $4,099.00
·
An Agency having no less than 250 and no more
than 499 sworn law enforcement officers;
6.
Tier 6 Law Enforcement Agency - $5,749.00
·
An Agency having no less than 500 and no more
than 999 sworn law enforcement officers; and
7.
Tier 7 Law Enforcement Agency - $7,499.00
·
An Agency having more than 1,000 sworn law
enforcement officers
Applicant Registration Fees
Applicant registration fees are incurred when applicants
register with an Agency on the Site, and they are based on the Agency’s annual
agreement pricing tier. EXCELEAS will
bill for all applicant registration fees incurred during the course of the
Agency’s current annual agreement plus 15 days, if not renewed. If the Agency cancels or does not renew its
annual agreement, the Agency is still responsible for all applicant
registration fees incurred. The fees are
as follows:
1.
Tier 1 Law Enforcement Agency - $3.99 (Per
applicant)
·
An Agency having up to 24 sworn law enforcement
officers;
2.
Tier 2 Law Enforcement Agency - $3.79 (Per
applicant)
·
An Agency having no less than 25 and no more
than 49 sworn law enforcement officers;
3.
Tier 3 Law Enforcement Agency - $3.59 (Per
applicant)
·
An Agency having no less than 50 and no more
than 99 sworn law enforcement officers;
4.
Tier 4 Law Enforcement Agency - $3.39 (Per
applicant)
·
An Agency having no less than 100 and no more
than 249 sworn law enforcement officers;
5.
Tier 5 Law Enforcement Agency - $3.19 (Per
applicant)
·
An Agency having no less than 250 and no more
than 499 sworn law enforcement officers;
6.
Tier 6 Law Enforcement Agency - $2.99 (Per
applicant)
·
An Agency having no less than 500 and no more
than 999 sworn law enforcement officers; and
7.
Tier 7 Law Enforcement Agency - $2.79 (Per
applicant)
·
An Agency having more than 1,000 sworn law
enforcement officers
Form Creation Fees
EXCELEAS will bill for all form creation fees incurred
during the course of the Agency’s current annual agreement plus 15 days, if not
renewed. If the Agency cancels or does
not renew its annual agreement, the Agency is still responsible for all form
creation fees incurred. The fees are as
follows:
1.
Application for Employment - Requires a detailed quote from EXCELEAS
2. Miscellaneous forms - Requires a detailed quote from EXCELEAS
3.
Form change requests - Requires a detailed quote
from EXCELEAS
Application/Testing Fee Collection Surcharges
EXCELEAS will bill for the surcharge added to all
application/testing fees collected for an Agency, which are incurred during the
course of the Agency’s current annual agreement plus 15 days, if not
renewed. If the Agency cancels or does
not renew its annual agreement, the Agency is still responsible for all
surcharges incurred. The surcharges are
as follows:
1.
Application/testing fee of up to $50.00
·
$2.00 surcharge per applicant
2.
Application/testing fee of $51.00 to $75.00
·
$2.50 surcharge per applicant
3.
Application/testing fee of $76.00 to $100.00
·
$3.25 surcharge per applicant
4.
Application/testing fee of $101.00 to $200.00
·
$4.00 surcharge per applicant
Late Annual Agreement Renewal
For Agencies that allow their annual agreement to use the
Site expire, the Agency account administrator can renew the annual agreement at
any time. If renewed late, the Agency’s
updated annual agreement will still expire on the same month and day of the following
year (or on February 28th if originally registered during a leap year). EXCELEAS will prorate the fee by the
remaining months and days left in the annual agreement period.
Sales Tax
EXCELEAS will collect applicable sales tax from any Agency
required to pay by their local or state taxation agency. If an Agency qualifies for a sales tax
exemption and they are required to submit a tax exemption form, the Agency
agrees to supply accurate information on the document, and if “blanket purchases”
are permitted by the Agency’s state taxation agency, this option must be
selected to expedite future purchases. A
detailed explanation of sales tax requirements, as they pertain to EXCELEAS’
Services, is viewable by visiting www.exceleas.com/sales-tax-info.
Discounts and Incentives
EXCELEAS offers certain promotional discounts and
incentives to Agencies using the Site, which are viewable by visiting www.exceleas.com/incentives. All discounts or incentives currently offered
by EXCELEAS, and the terms governing them, are subject to change at EXCELEAS’
sole discretion, and without any prior notice. If an agency qualifies for a promotional
discount or incentive, it will be applied to the Agency’s invoice. Because certain incentives may be earned
during the Agency’s current annual agreement, they will be applied to the
Agency’s next or final invoice, following their annual agreement expiration
date.
Payment Terms
EXCELEAS will mail all invoices to the Agency’s
headquarters address listed on the Site, or to the Agency billing address (if listed
separately). A copy of the invoice will
also be sent by email (from billing@exceleas.com) to the Agency account administrator. If preferred, invoices can be sent by email
only, and a request can be made by the Agency account administrator by emailing
billing@exceleas.com.
The Agency agrees to pay all invoices received within 30
days of the invoice date. Payments can only
be made by an official Agency/government check or by money order.
All payments must be mailed to:
EXCELEAS®, LLC
P.O. Box 17318
Pittsburgh, Pennsylvania 15235
Late Payment Penalty
EXCELEAS may assess a 2% late payment penalty if payment
is not received within 5 days of the due date listed on the Agency’s invoice.
4. Terms Applicable to Employer
Organizations (Agencies)
Employer Organizations (each an “Employer” and/or “Agency”) are solely
responsible for their postings on the Site. EXCELEAS shall not be considered to be an
employer and shall not be responsible or liable for any employment decisions
for any reason, made by any Employer Organization posting jobs on the Site.
If You cancel Your Agency account or Your Agency account
is terminated by EXCELEAS, some of Your account information from EXCELEAS,
including but not limited to: LEADER™ data, job advertisements, and
online job application templates, may be marked as deleted in and may be
deleted from EXCELEAS’ databases. Information may continue to be available for
some period of time because of delays in propagating such deletion through
EXCELEAS’ web servers, but any such delay shall not prejudice EXCELEAS’ rights
under these Terms.
You shall use the EXCELEAS Networking and Profiles in
accordance with all applicable privacy and data protection laws and EXCELEAS
shall not be liable for Your failure to abide by any applicable privacy or data
protection law.
Fair Credit Reporting Act (FCRA) Employer Notice
The Agency agrees to comply with all FCRA requirements when screening or hiring any applicant using the Site. The Agency must not discriminate against the applicant or otherwise misuse any info supplied by the Site in any way that violates local, state, or federal equal opportunity laws, rules, or regulations. EXCELEAS shall not be liable to Agency or any third party for an Agency’s failure to comply with any law applicable to it and its hiring process and decisions, including the FCRA.
If EXCELEAS is ever designated as a
“Nationwide Specialty Consumer Reporting Agency” by the Federal Trade
Commission (FTC), EXCELEAS will take all reasonable steps to comply with FCRA
requirements for disputed accuracy of records maintained on the Site, which
include the following:
·
EXCELEAS will make a
report available to any applicant challenging the accuracy of their records on
the Site;
·
EXCELEAS will conduct a
reasonable investigation into the applicant’s dispute; and
·
EXCELEAS will provide the
applicant with a free disputed report within 15 days of filing the dispute
Online Job Advertisements
An online job advertisement shall not contain:
a. any
hyperlinks, other than those specifically related to job opportunity being
presented;
b. misleading,
unreadable, or "hidden" keywords, repeated keywords or keywords that
are irrelevant to the job opportunity being presented, as determined in EXCELEAS’
reasonable discretion;
c. the
names, logos or trademarks of unaffiliated organizations other than Yours,
unless permitted by the organization;
d. the
names of colleges, cities, states, towns or countries that are unrelated to the
posting;
e. more
than one job or job description in a single advertisement;
f. more
than one location, or more than one job category, unless the position requires
it; or
g. inaccurate,
false, or misleading information;
You may not use Your EXCELEAS online job advertisement or
Profile to:
a. post
jobs in a manner that does not comply with applicable local, national and
international laws, including but not limited to: laws relating to labor and
employment, equal employment opportunity and employment eligibility
requirements, data privacy, data access and use, and intellectual property;
b. post
jobs that require citizenship of any particular country or lawful permanent
residence in a country as a condition of employment, unless otherwise required
in order to comply with law, regulations, executive order, or federal, state or
local government contract;
c. post
jobs that include any screening requirement or criterion in connection with a
job ad where such requirement or criterion is not an actual and legal requirement
of the posted job;
d. with
respect to Profiles, determine an applicant’s eligibility for employment, unless
otherwise permitted by law;
e. promote
or advertise career fairs, job fairs, hiring events, conferences, seminars or
open houses or any other event or meeting;
f. post
jobs or other advertisements for competitors of EXCELEAS, or post jobs or other
content that contains links to any site competitive with EXCELEAS;
g. post
any business opportunity that requires an up-front or periodic payment or
requires recruitment of other members, sub-distributors or sub-agents;
h. post
any business opportunity that pays commission only, unless the posting clearly
states that the available job pays commission only and clearly describes the
product or service that the job seeker would be selling;
i. promote
any opportunity that does not represent bona fide employment, which is
generally indicated by the employer’s use of IRS forms W-2 or 1099;
j. endorse
a political party, political agenda, political position or issue;
k. promote
a religion;
l. except
where allowed by applicable law, post jobs which require the applicant to
provide information relating to his/her (i) racial or ethnic origin, (ii)
political beliefs, (iii) philosophical or religious beliefs, (iv) membership of
a trade union, (v) physical or mental health (including pregnancy status), (vi)
sexual life, (vii) the commission of criminal offences or proceedings, or (vii)
age.
EXCELEAS may remove any online job advertisement or other
material from its site that, in the reasonable exercise of EXCELEAS’
discretion, does not comply with the foregoing Terms, or if any material or
information is posted that EXCELEAS thinks is not in its best interest.
If You make a misrepresentation of fact to EXCELEAS or
otherwise mislead EXCELEAS regarding the purpose or nature of Your Use of the
Site and/or EXCELEAS’ Service, EXCELEAS may terminate Your use of its Service
and the Site.
Use of the Applicant Database by Employers
You shall use all information about any applicant (the
“Applicant Database”) provided on this Site or as part of the Services only in
accordance with these Terms and in any agreement You have with EXCELEAS. You
shall use the Applicant Database in compliance with all applicable privacy and
data protection laws, and You agree You shall not disclose any of the
information or material from the Applicant Database to any person or entity, unless
You have written permission from the applicant to do so (e.g., a signed
background investigation release).
You may not use the Applicant Database in any way that,
in EXCELEAS’ sole discretion, adversely affects EXCELEAS’ business, its
reputation, the functionality of the Site or the Applicant Database, or in a
way that interferes with the ability of other subscribers and/or end users to
access the Applicant Database.
You shall take appropriate physical, technical, and
administrative measures to protect any information You have obtained from the
Applicant Database from loss, misuse, unauthorized access, disclosure,
alteration or destruction. EXCELEAS
shall not be liable or responsible to You or any third party for any loss,
misuse, unauthorized access, disclosure, alteration or destruction of any
information or material you have obtained from the Applicant Database or any
other part of the Site.
You shall not use the Applicant Database and/or any
information obtained from the Applicant Database:
a. for
any purpose other than as an employer seeking an applicant for possible
employment, including but not limited to: advertising promotions, products, or
services to any applicant;
b. to
make unsolicited phone calls or faxes, or send unsolicited mail, email, or
newsletters to applicants, or to contact any individual unless they have agreed
to be contacted (where consent is required or, if express consent is not
required, who has not informed you that they do not want to be contacted);
c. to
source candidates, or to contact an applicant in any manner prohibited by these
Terms; or
d. take
any other action that is, in EXCELEAS’ sole discretion, inconsistent with these
Terms, misleading or incomplete, or in violation of any federal, state, local
law, statute, code, rule, or regulation.
Managing Applicant Registrations
The Agency’s account administrator is responsible for
managing the applicant registration period settings in the Agency Profile section of the Site.
The registration period must be set to open to allow applicants to register during the Agency’s hiring
period. No applicant will be permitted
to register with an Agency if the account settings are not set to accept
registrations. EXCELEAS is
not responsible for any incorrect dates listed in the registration settings. The deadline to register with an Agency will
expire on the end date listed at 23:59:59 hours (EST).
Agencies are responsible for ensuring that all applicants
taking part in their hiring process are registered with the Agency on the
Site. The Agency must request that all applicants
provide proof of their registration confirmation email notice sent by the Site
at the Agency’s initial hiring function (e.g., written testing, physical
agility testing, etc.). Any applicant arriving
at an Agency’s initial hiring function that failed to register with the Agency
on the Site must register on-site. The
Agency agrees to make available a device with internet access for which
applicants who failed to register can register on-site.
All applicants and their records with any Agency will
permanently remain in the Applicant Database.
EXCELEAS will remove any applicant from an Agency’s database for just
cause, including but not limited to:
fictitious applicants, applicants that registered and failed to submit
an application for employment, or applicants that registered in error. To remove an applicant from an Agency
database, You must consult with representatives of EXCELEAS by calling (844)
392-3532 or emailing support@exceleas.com.
Adding and Managing Authorized User Accounts
Agencies can add as many User accounts as required. Agency Users can be sworn law enforcement
officers or civilian support staff personnel.
All Users must be in “good standing” with the Agency to have access to
the Site. The Agency is responsible for
all authorized Users they add and for their actions on the Site.
Access to the Site must be restricted by the Agency
account administrator if a User’s status with the Agency changes for certain
reasons, including but not limited to: retirement, termination or other
separation from the Agency, a suspension from active duty, being suspended or barred
by the FBI or other agency from NCIC access or a state-maintained database equivalent,
is currently the subject of an Internal Affairs investigation for serious
misconduct, is currently under any criminal investigation, or is charged with
any crime that is pending a final disposition and would result in loss of peace
officer certification or a civilian position with the Agency, if convicted.
Fee Collection Services
Realizing that some Agencies assess an
application/testing fee to candidates who apply and take part in their hiring
process, EXCELEAS incorporated a fee collection service in the Site. Agencies can authorize EXCELEAS to collect
their application/testing fees by managing the settings in the Agency Profile section of the Site.
EXCELEAS has chosen PayPal® as the Site’s
payment gateway tool. When authorizing
the collection of application/testing fees, the Agency agrees to use PayPal’s
service to collect fees assessed to its applicants. If using the Site’s fee collection services,
EXCELEAS assesses a surcharge for each applicant the Site collects payment
from, which covers payment processing costs incurred from the use of PayPal’s
services. The Agency agrees to this
surcharge. Information regarding fee
collection surcharges can be viewed in section 3 (Site Fee Structure) of these Terms, or by visiting www.exceleas.com/pricing.
The Agency must set their application/testing fee to be collected
by updating the Application Fee
Collection Services section in their Agency
Profile. The Agency is
responsible for ensuring that any fee amount entered into the Application Fee Collection Services section is
correct. EXCELEAS is not responsible for
any incorrect application/testing fees that are collected from applicants,
resulting from an Agency’s use of the Application
Fee Collection Services section. EXCELEAS will not accept any refund request from an applicant once the Site collects their application/testing
fee payment. Any applicant requesting a
refund, partial or whole, must do so with the Agency, and it will be the
Agency’s responsibility to handle such request, at their discretion.
Recognizing that certain applicants may not
have the financial resources to pay application/testing fees, Agencies may
authorize an exemption for candidates prone to financial hardship, using the Application Fee Collection Services section. EXCELEAS has no
involvement with an Agency’s decision to waive application/testing fees, or the
criteria used to determine any waiver.
If the Agency opts to waive fees for candidates claiming financial
hardship, the applicant can select an option to claim financial hardship when
registering with the Agency, and no fee will be collected. To claim financial hardship, the applicant
must meet the Agency’s requirements to do so, however, the Agency agrees
to clearly list any requirements to claim financial hardship in their job
advertisements posted on the Site, or in any other outside employment
advertisement (e.g., newspaper ad, ads posted on social media sites, ads posted
on the Agency’s website, etc.).
At the close of the Agency’s applicant registration
period (set in the Agency Profile
section of the Site), or at end of the calendar year (if the Agency accepts “Open and Continuous Registration”),
EXCELEAS will remit to the Agency all application/testing fees collected by the
Site from registered applicants that did not claim financial hardship status
(if applicable). EXCELEAS will remit
fees collected by sending an official check to the Agency’s headquarters
address listed on the Site (in care of the Agency account administrator).
Use of the Site’s Online Application Processing
Agencies can elect to have their registered applicants
submit job applications electronically through the Site, which comes as part of
their annual agreement to use the Site.
EXCELEAS can build Your Agency’s application for employment into the
Site, but form creation fees will apply.
Information regarding form creation fees can be
viewed in section 3 (Site Fee Structure)
of these Terms, or by visiting www.exceleas.com/pricing.
If EXCELEAS creates the online job application template and any other
online forms, the Agency will have access to preview them and test for
functionality and accuracy. Once agreed
upon, EXCELEAS is not responsible for any content the Agency later determines
is wrong or is missing, especially if applications have already been submitted. Applications for employment supplied by the
Agency to be built into the Site must comply with all local, state, or federal
employment laws, rules, or regulations, and EXCELEAS will not be liable to any
Agency, third party or government agency for an applications failure to conform
to any applicable law or regulation.
The Agency must agree to the use of electronic signatures
by its applicants, which will replace any previous method of applicant
verification and acknowledgement, including notarization or ink signatures. The deadline to submit an online job application
will expire at 23:59:59 hours (EST) on the date listed in the applicant
registration settings, unless the Agency accepts “Open and Continuous Registrations.”
Integration of Third-Party Online Application URL
An Agency using a third-party online application process
outside the Site can integrate the uniform resource locator (“URL”) from that
online application webpage into the Site, using the Agency Profile section. When
an applicant registers with the Agency, they will be redirected to the Agency’s
third-party online application webpage.
The Agency is responsible for supplying the correct page URL to reroute
applicants. EXCELEAS is not
responsible for routing applicants to an improper page if the supplied URL is
not accurate. Agencies will be permitted
to test this feature using an applicant test account (no applicant registration
fee will be assessed).
Use of the Site’s Background Investigation Resources Section
Information supplied by EXCELEAS in the Site’s Background Investigation Resources section
is not warranted and may vary in different states or territories of the United
States. Background investigation tips
are suggestions only and may not be feasible for all Agencies to implement. Agencies should always consult with their local
government solicitors or human resources departments when making any changes to
their personnel policies, including changes to any background investigation
standards used in the vetting of potential employees.
Use of the Site’s Discover Applicants Section
To assist Agencies in locating prospective candidates for
employment, the Site offers a Discover
Applicants section to search for potential applicants registered on the
Site. Not all applicants are
discoverable, because not all applicant profiles are available to all
Users. Contact information is available
for each applicant You review, including their phone number and email address,
and You may contact them for official recruitment purposes.
You may search for potential applicants using several
filters. When using the “Gender” and
“Race/Ethnicity” fields to search, Agencies may not base future hiring
decisions on that information, as it may violate federal and/or state law. Any Agency using these filters should check
with its county solicitor or HR department regarding the use of such
information in making any hiring or other personnel decisions. EXCELEAS shall not be liable to any Agency or
other third party for the Agency’s improper or illegal use of any information
provided in these filters.
Site Email Notifications and Maintenance
Periodically, the Site will send email notifications to
the Agency account administrator, regarding required maintenance to keep the
Agency’s Profile and other features up-to-date.
The Agency agrees to abide by the Site’s email notifications to update
any vital information being requested of the Agency by EXCELEAS.
Site email notifications include the following:
a.
requiring the Agency to ensure that any
applicant given an offer of employment is listed on the Site as having been “Offered Employment” with the Agency,
regardless of whether the applicant accepts the position or not;
b.
checking the accuracy of the Agency’s Profile
information, including but not limited to: the Agency’s physical address,
Agency executive information, sworn personnel totals, any Agency website
address, any social media links, and recruitment videos linked to the Site, and
to correct any information that is no longer up-to-date or accurate;
c.
updating any LEADER™ data for the new year that is
available for public viewing on the Site (if the Agency opts to use this
section); and
d.
ensuring the accuracy of any information
contained in a current job advertisement posted for public viewing on the Site
EXCELEAS reserves the right to update or edit
any Agency information required in an email notification, within a reasonable
amount of time determined at EXCELEAS’ discretion, if the Agency fails to make
the necessary changes required.
Renewing the Agency’s Annual Agreement Using the Site
The Agency account administrator may renew the Agency’s
annual agreement with EXCELEAS using the Agency
Profile section on the Site. Online
renewals can be completed up to 90 days prior to the Agency’s annual agreement
expiration date. EXCELEAS will send the
renewal invoice following the Agency’s annual agreement expiration date.
5. User Content and Submissions
All information, data, text, photographs, graphics,
video, messages or other materials submitted, posted or displayed by You on or
through the Site ("User Content") is the sole responsibility of the
person from which such User Content originated. EXCELEAS claims no ownership or control over
any User Content. You or a third-party
licensor, as appropriate, retain all patent, trademark and copyright to any
User Content you submit, post or display on or through the Site and You are
responsible for protecting those rights, as necessary. By submitting, posting or displaying User
Content on or through the Site, you grant EXCELEAS a worldwide, non-exclusive,
royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute
and publish such User Content through the Site. Additionally, by submitting, posting or
displaying User Content which is intended to be available to the other Users,
you grant EXCELEAS a worldwide, non-exclusive, royalty-free license to reproduce,
adapt, distribute and publish such User Content for the purpose of promoting
EXCELEAS and its Services. EXCELEAS
shall discontinue this licensed use within a commercially reasonable period
after such User Content is removed from the Site. EXCELEAS may refuse to accept, post, display
or transmit any User Content in its sole discretion.
You also represent and warrant that You have the right to
grant, or that the holder of any rights, including moral rights in such content
has completely and effectively waived all such rights and validly and
irrevocably granted to You the right to grant, the license stated above. If You
post User Content in any public area of the Site, You also permit any User to
access, display, view, store and reproduce such User Content. Subject to the foregoing, the owner of such
User Content placed on the Site retains any and all rights that may exist in
such User Content. EXCELEAS may review
and remove any User Content that, in its sole judgment, violates these Terms,
violates applicable laws, rules or regulations, is abusive, disruptive,
offensive or illegal, or violates the rights of, or harms or threatens the
safety of, Users of the Site. EXCELEAS
may expel Users and prevent their further access to the Site and/or use of
EXCELEAS’ Services for violating the Terms or applicable laws, rules or
regulations. EXCELEAS may take any
action with respect to User Content that it deems necessary, useful or
appropriate in its sole discretion if it believes that such User Content could
create liability for EXCELEAS, damage EXCELEAS’ brand or image, or cause
EXCELEAS to lose Users or (in whole or in part) the services of its ISPs or
other suppliers.
EXCELEAS does not guarantee the truthfulness, accuracy,
or reliability of User Content, derivative works from User Content, or any
other communications posted by Users, nor does EXCELEAS endorse any opinions
expressed by Users. You acknowledge that
any reliance on material posted by other Users will be at Your own risk.
The following is a partial list of User Content that is
prohibited by EXCELEAS on the Site. The
list below is for illustration only and is not a complete list of all
prohibited User Content.
Content that:
·
is implicitly or explicitly offensive, such as
User Content that engages in, endorses or promotes racism, bigotry,
discrimination, hatred or physical harm of any kind against any group or
individual;
·
harasses, incites harassment or advocates
harassment of any group or individual;
·
involves the transmission of “junk mail,” “chain
letters,” or unsolicited mass mailing, “spamming” or “phishing;”
·
promotes or endorses false or misleading
information or illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
·
promotes or endorses an illegal or unauthorized
copy of another person's copyrighted work, such as providing or making
available pirated computer programs or links to them, providing or making
available information to circumvent manufacture-installed copy-protect devices,
or providing or making available pirated music or other media or links to
pirated music or other media files;
·
contains restricted or password only access
pages, or hidden pages or images;
·
displays or links to pornographic, indecent or
sexually explicit material of any kind;
·
provides or links to material that exploits
people under the age of 18 in a sexual, violent or other manner, or solicits
personal information from anyone under 18;
·
provides instructional information about illegal
activities or other activities prohibited by these Terms, including without
limitation, making or buying illegal weapons, violating someone's privacy,
providing or creating computer viruses or pirating any media; and
·
solicits passwords or personal identifying
information from other Users.
Any Profile You submit must describe Your Agency and You, an individual person.
Examples of inappropriate and prohibited
Profiles include, but are not limited to: Profiles that purport to represent an
animal, place, inanimate object, fictional character, or real individual that
is not You.
6. Policy Regarding Termination of Users
Who Infringe the Copyright or Other Intellectual Property Rights of Others
EXCELEAS respects the intellectual property of others,
and we ask our Users and content partners to do the same. The unauthorized posting, reproduction,
copying, distribution, modification, public display or public performance of
copyrighted works constitutes infringement of the copyright owners’ rights. As a condition to Your use of the Site, You
agree not to use the Site to infringe the intellectual property rights of
others in any way. EXCELEAS may
terminate the accounts of any Users, and block access to the Site of any Users
who are repeat infringers of the copyrights, or other intellectual property
rights, of others. EXCELEAS may, in its sole discretion, take these actions to
limit access to the Site and/or terminate the accounts at any time, in our sole
discretion, Users who infringe any intellectual property rights of others,
whether or not there is any repeat infringement, with or without notice, and
without any liability to the User who is terminated or to the User whose access
is blocked. Notwithstanding the
foregoing, if You believe in good faith that a notice of copyright infringement
has been wrongly filed against You, please contact
EXCELEAS by calling (844) 392-3532 or by emailing support@exceleas.com.
7. EXCELEAS’ Liability
The Site acts as, among other things,
venues for (i) Agencies to post job opportunities and search for and evaluate
job applicants and (ii) applicants to post applications and Profiles and search
for and evaluate job opportunities. EXCELEAS
does not screen or censor the listings, including Profiles offered. EXCELEAS is not involved in, and does not
control, the actual transaction between Agencies and applicants. As a result, EXCELEAS is not responsible for
User Content, the quality, safety or legality of the jobs or applications
posted, the truth or accuracy of the listings, the ability of employers to
offer job opportunities to candidates or the ability of candidates to fill job
openings and EXCELEAS makes no representations about any jobs, applications or
User Content on the Site. While EXCELEAS
may in its sole discretion remove User Content, job advertisements,
applications or other material from the Site from time to time, EXCELEAS does
not assume any obligation to do so and, to the extent permitted by law,
disclaims any liability for failing to take any such action.
The Site
provides a venue for Agencies to network for professional purposes and EXCELEAS
does not screen or censor the information or User Content on the Site. EXCELEAS is not involved in the actual
communications between Users. As a
result, EXCELEAS has no control over the accuracy, reliability, completeness,
or timeliness of the User Content submitted on the Site and makes no
representations about any User Content on the Site.
Note that there are risks, including but not limited to:
the risk of physical harm, of dealing with strangers, underage persons or
people acting under false pretenses. You
assume all risks associated with dealing with other users with whom You come in
contact through the Site. By its very
nature other people’s information may be offensive, harmful or inaccurate, and
in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common
sense when using the Site.
Because User authentication on the Internet is difficult, EXCELEAS cannot and
does not confirm that each User is who they claim to be. Because we do not and cannot be involved in
User-to-User dealings or control the behavior of participants on the Site, if
You have a dispute with one or more Users, You release EXCELEAS (and our agents
and employees) from claims, demands and damages (actual and consequential and
direct and indirect) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
with such disputes to the fullest extent permitted by law.
The Site and the EXCELEAS Information may contain
inaccuracies or typographical errors. EXCELEAS
makes no representations about the accuracy, reliability, completeness, or
timeliness of the Site or the EXCELEAS Information. The use of the Site and the EXCELEAS
information is at Your own risk. Changes
are periodically made to the Site and may be made at any time. EXCELEAS cannot guarantee and does not promise
any specific results from use of the Site. No advice or information, whether oral or
written, obtained by a User from EXCELEAS or through or from the Site shall create
any warranty not expressly stated herein.
If You are a California resident, You waive California
Civil Code Section 1542, which says: "A general release does not extend to
claims which the creditor does not know or suspect to exist in his or her favor
at the time of executing the release, which if known by him or her must have
materially affected his or her settlement with the debtor."
You should keep a back-up copy of any of Your User
Information. To the extent permitted by
law, in no event shall EXCELEAS be liable for the deletion, loss, or
unauthorized modification of any User Content.
If You believe that something on the Site violates these
Terms, please contact EXCELEAS by calling (844) 392-3532 or by emailing support@exceleas.com.
If notified of any content or other materials which
allegedly do not conform to these Terms, EXCELEAS may in its sole discretion
investigate the allegation and determine whether to remove or request the
removal of the content. EXCELEAS has no
liability or responsibility to Users for performance or nonperformance of such
activities.
8. Disclaimer of Warranty
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCELEAS DOES NOT
WARRANT THAT THE SITE OR ANY SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE
AND THE SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, EXCELEAS IS
NOT RESPONSIBLE FOR THOSE COSTS. THE
SITE AND CONTENT THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. EXCELEAS, TO THE
FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR
PURPOSE AND NON-INFRINGEMENT. EXCELEAS
MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF ANY CONTENT, INFORMATION, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND
LINKS.
9. Disclaimer of Consequential Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL
EXCELEAS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE
FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST
EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR
INABILITY TO USE ANY EXCELEAS SITE AND THE CONTENT, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EXCELEAS IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Limitation
of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCELEAS’ MAXIMUM
LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE
CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH
OF WARRANTY OR OTHERWISE), WILL NOT,
INDIVIDUALLY OR IN THE AGGREGATE, EXCEED $100.00.
11. Links
to Other Sites
The Site contains links to third-party web sites. These links are provided solely as a
convenience to You and not as an endorsement by EXCELEAS of the contents on
such third-party websites, and EXCELEAS does not warrant the veracity or
accuracy of any information on any third-party website. You access linked third-party websites
entirely at Your own risk.
12. No
Resale or Unauthorized Commercial Use
You agree not to resell or assign Your rights or
obligations under these Terms. You also
agree not to make any unauthorized commercial use of this Site.
13. Indemnity
You agree to
defend, indemnify, and hold harmless EXCELEAS, its officers, directors,
employees, representatives and agents, from and against any claims,
actions or demands, including without limitation, reasonable legal and
accounting fees, alleging or resulting from (i) any User Content or other
material You provide to the Site, (ii) Your use of any Content, or (iii) Your
breach of these Terms. EXCELEAS shall
provide notice to You promptly of any such claim, suit, or proceeding.
14. General
EXCELEAS does not claim that its Site and Information may
be lawfully viewed or accessed outside of the United States. Access to the Site and Information may not be
legal by certain persons or in certain countries. If You access the Site outside the United
States, You do so at Your own risk and You, not EXCELEAS, must comply with the
laws of Your jurisdiction. Any software
downloaded from the Site is further subject to United States export control
laws, and may not be downloaded or otherwise exported or re-exported (i) into
(or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria
or any other country to which the U.S. has embargoed goods or (ii) to any
individual or entity on the U.S. Treasury Department’s list of Specially
Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, You
state that You are not located in, under the control of, or a national or
resident of any such country, individual, or entity on any such list.
These Terms are governed by the internal substantive laws
of the Commonwealth of Pennsylvania, without respect to its conflict of laws
principles. Jurisdiction for any claims
arising under this agreement shall lie exclusively with the state or federal
courts within Pittsburgh, Pennsylvania (Allegheny County). If any court having competent jurisdiction
finds any provision of these Terms to be invalid, the invalidity of that
provision or provisions shall not affect the validity of the remaining
provisions of these Terms, which shall remain in full force and effect. A party’s waiver of any term of these Terms
shall not be deemed an additional or continuing waiver of the term or any other
term. Further, EXCELEAS’ failure to
enforce any term of these Terms shall not be deemed as a waiver of the term or
otherwise affect EXCELEAS’ ability to enforce that term at any future point. Except as expressly provided in an additional
agreement, additional Terms for certain areas of the Site, a particular
"Legal Notice," or software license or material on particular pages
on the Site, these Terms constitute the entire agreement between You and
EXCELEAS with respect to the use of the Site. No changes to these Terms shall be made except
by a revised posting on this page.
15. Mobile
Services
If You use the Site through a mobile device, You agree
that information about Your use of the Site may be communicated to us,
including but not limited to: Your mobile carrier, Your mobile device, or Your
physical location. Also, use of the Site
through a mobile device may cause data to be displayed on and through Your
mobile device. By accessing the Site
using a mobile device, You represent that if You import any of Your EXCELEAS
data to Your mobile device that You have authority to share the transferred
data with Your mobile carrier or other access provider. If You change or deactivate Your mobile
account and change your mobile number, You must promptly update Your EXCELEAS
account information to ensure that Your messages are not sent to the person
that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all
charges and necessary permissions related to accessing the Site through Your
mobile access provider.
By using the Site, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the Application provided at www.leadprogram.us, which may be updated from time to time.
16. Term
and Termination
If You cancel or do not renew Your Agency’s annual
agreement following the expiration date, EXCELEAS will send Your Agency an
invoice for all account charges accrued through the previous agreement term,
including but not be limited to: any applicant registration fees, form creation
or editing fees, and applicable sales tax (if required by
law). Any promotional incentives
previously earned will be applied to the final invoice. Promotional incentive balances that exceed
the total of the final invoice will remain on file with EXCELEAS, and will be applied
to any future renewal in the program by Your Agency. Under no circumstances will leftover incentive
balances be paid out.
EXCELEAS will set all Agency accounts
on the Site to inactive status if they are beyond 6 months of the expiration
date and have not been renewed. If Your
account is inactive and You wish to renew Your Agency’s annual agreement, You
will have to contact EXCELEAS by calling (844) 392-3532 or emailing support@exceleas.com.
If You cancel Your Agency account prior to the expiration
date of the annual agreement, EXCELEAS will not provide any refund. Your Agency will continue to have access to
the Site until the expiration date, plus an additional 15 days.
Certain information stored in the Agency’s dashboard,
including stored forms (e.g., submitted online job applications) must be
downloaded by the Agency account administrator if cancelling or not renewing
the Agency’s annual agreement. This must
be done within 15 days of the annual agreement expiration date or You will not
have access to that information.
Information that cannot be downloaded from the Site includes but is not
limited to: applicant registration data, online job application templates or
other forms, job advertisement templates, LEADER™ data, and STAT™ data.
Any Agency that cancels or does not renew their annual agreement within 15 days
of expiration will lose access to most secure features on the Site, and certain
Agency information publicly available on the Site will no longer be viewable,
to include posted LEADER™ data, posted job advertisements
in the Careers section, and other Agency
information. Applicant registration
settings will be closed and no applicants will be permitted to register with
the Agency or complete any online job application through the Site.
Certain agency information will still appear on the Site
if it is associated with their registered applicants (to other Agencies viewing
applicant information). This includes all
applicant registration dates and any “Offered
Employment” dates. This data will
never be removed from the Site.
These Terms will remain in full force and effect while You use the Site. EXCELEAS may, at its sole discretion, pursue any or all of its legal remedies, including but not limited to: removal of Your information from the Site and the immediate termination of Your registration and access to the Site and/or any other services provided to You by EXCELEAS, upon any breach by You of these Terms, or if EXCELEAS is unable to verify or authenticate any information You submit to EXCELEAS. Even if You no longer use the Site, certain provisions of these Terms will remain in effect, including this Section 16 and Sections 7 through 10, and Sections 13 and 17, inclusive.
17. Miscellaneous Information
If You violate these Terms,
EXCELEAS may suspend or terminate your account in EXCELEAS’ sole and absolute
discretion.