AfterCollege, Inc. dba Recruitology (“We” or “Us”) has built technology, a platform, and web pages that connect people seeking employment with employers and companies that are hiring, “Recruitment Platform”. The Recruitment Platform may appear to you as a
THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SERVICES, TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. DO NOT ACCESS OR USE ANY OF THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.
Certain features of the Services may also have their own specific terms and conditions that you agree to when you sign up for that particular product, function, or service ("Specific Terms of Service"). A Specific Terms of Service supplements this Agreement, but if any term of this Agreement expressly conflicts with any term of a Specific Terms of Service, the conflicting term in the Specific Terms of Service will control but only with respect to the applicable product, function or service. All other terms and conditions in both this Agreement and the Specific Terms of Service will remain in force.
Type of Users
The word "You" as used in this agreement will apply to visitors who browse the Recruitment Platform websites and individuals who access and use the Services on their own behalf and/or on behalf of an entity.
If you use the Recruitment Platform on behalf of an employer, organization, agency, institution, or other entity, then (a) "You" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf.
In addition to the rest of this Agreement, please review the section entitled “Additional Terms that apply to Providers of Job Advertisements” carefully if you are using the Services as a Client.
In addition to the other provisions of this Agreement, please review the section entitled “Additional Terms that apply to Job Seekers” carefully if you are using the Services as a Job Seeker.
Use of Services
You must be at least eighteen (18) years of age or the age of majority in the jurisdiction in which you reside so that you can form a binding contract with us. You may not use the Services if your use of the Services has been previously terminated or suspended by us, unless we have provided you with specific written authorization to re-use the Services.
When using specific Services, we may ask for your consent to contact you by telephone. By granting such consent, you authorize us to contact you by telephone at the number(s) you have provided and acknowledge that we may do so using an automatic telephone dialing system or an artificial or prerecorded voice. You may revoke consent to be contacted by telephone by clicking here. Consent to being contacted by telephone is not required as a condition of using the Services or of purchasing any other property, goods, or services from us.
You agree that we may, but are not obligated to, monitor or record any of your telephone conversations with us for quality control purposes, for purposes of training our employees and for our own protection. You further agree that any User or anyone else you authorize to use your account consents to such monitoring or recording as well. You acknowledge that not all telephone lines or calls are recorded by us and that we do not guarantee that recordings of any particular telephone call will be retained or are capable of being retrieved.
By providing us with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you have consented to receive email job alerts or marketing messages, we will send you job alerts until you opt-out of such alerts and messages.
If you do not want to receive such email messages, you may opt out or change your preferences in your Account page (for Clients) or by following the opt-out and/or unsubscribe instructions in the email message.
By applying to a Job Advertisement on the Services, you give us permission to store your information on the Services and to share your information (including your resume), with the entity that posted the Job Advertisement and with other employers who’s Job Advertisement may be a match to your resume.
By connecting to us using a third-party service or social media service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You acknowledge and agree that we may use third party vendors and/or partners to provide the Services (or any portion of the Services) to you, and share Personal Data with such third parties as necessary in order to provide the Services to you.
By using the Services, you acknowledge that we do not have control over the quality, accuracy, completeness, veracity or legality of content provided by third parties. In addition, you acknowledge that we do not have control over the integrity, responsibility or actions of Job Seekers or Clients.
The information in this section applies to all User accounts. You may control your profile information and how you interact with the Services by changing the settings in your Settings page. When creating your account or uploading information to the Services through your account, you represent and warrant that you will provide accurate and complete information. You are solely responsible for the activity that occurs under your account. All Users must keep their account passwords secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
Users have no ownership rights in their accounts and in the event that your account is terminated by you or us, the contents of your account may not be available. We reserve the right to delete a User account in the event of any inactivity.
If you access the Services through a social networking site, you agree that we can access, store, and make available on the Services, any information and data that you provide in your applicable social networking site account such that the same information is available in your account. You agree that we are not liable for any personal information that is made available to us in violation of your privacy settings with the applicable social networking site.
We may suspend or terminate your account and/or your access to the Services, or any portion of the Services at any time without notice to you, if we believe that you have violated the terms of this Agreement. Upon any such termination, all the provisions of this Agreement shall continue to survive except for any provisions that grant you access to any of the Services. You agree that we will have no liability to you for any termination or suspension of your access to the Services or your account, or the deletion of information contained within such account.
General Rules for Use of Services
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services in a manner that sends more request messages to the our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that we grants the operators of public search engines revocable permission to use spiders to copy materials from the Recruitment Platform for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited communications; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information from the Services, except as expressly permitted by certain features of the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (xiii) disclosing or sharing login credentials; (xiv) reverse engineering or decompiling any parts of the Services; (xv) frame or link to any information or content on the Services without express permission; (xvi) post or submit any inaccurate, incomplete, or false biographical information or another person’s information; or (xvi) post or submit any material that is unlawful, illegal, defamatory, offensive, discriminatory, threatening, or obscene as determined by us.
We may, without prior notice, change any aspect of the Services; stop providing the Services or features of the Services; or create usage limits for the Services (for paid products and services). We may permanently or temporarily limit, condition, terminate or suspend your access to the Services or any features thereof, without notice and liability for any reason, including if in our sole determination you breach or violate any provision of this Agreement, commit fraud or other abuse using the Services, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Recruitment Platform Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We shall have no liability for your interactions with other Users, or for any User's action or inaction. We shall have no obligation to you to enforce this Agreement against any other User.
If you have questions about the Services or your Account, please email us at firstname.lastname@example.org or call the numbers listed on the bottom of the Agreement.
User Content and Services
The Services may allow Users to post and/or provide content that may be viewable by other Users, including, but not limited to, Job Advertisements, company information, a job seeker’s application information, content of messages, resumes/CVs, logos, trademarks, comments, questions, and other content or information ("User Content").
User Content is the sole responsibility of the person or entity that provided the User Content. You shall be solely responsible for your User Content and the consequences of posting, providing or publishing it.
The following list is intended to be illustrative of the types of User Content that is prohibited, but is not an exhaustive list: You agree not to post or provide User Content that (i) may create a risk of harm to any person or property; (ii) provides instructional information about illegal activities; (iii) involves the transmission of junk or unsolicited mail or other communications, ‘phishing’ or ‘scamming’; (iv) provides links to material that is illegal or offensive, or targets or solicits personal information from, anyone under the age of 18; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that is false or misleading; or (ix) violates the Intellectual Property Rights (as defined below) or rights of privacy of any third party. For the purposes of this Agreement, "Intellectual Property Rights" means patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. If you are a Client providing or submitting Job Advertisements, you further agree that such content will not contain any personally identifiable information.
You agree that we make no representations, warranties, promises or guarantees regarding any content provided or generated by third parties, including, without limitation, the content of messages, Job Advertisements and resumés. You further agree that we act as a passive conduit for the distribution, provision, and publication of User Content, and have no obligation to screen or verify the accuracy, legality, legitimacy, truthfulness, or completeness of User Content, and accordingly, you accept that we are not responsible and have no liability, for User Content. You understand that you may be exposed to User Content that is inaccurate, incomplete, illegal, misleading, false, offensive, constitutes spam, or is otherwise unsuited to your purpose, and you accept that it is your responsibility to verify the quality, accuracy, truthfulness, legality or reliability of User Content, including, without limitation, resumes/CVs and Job Advertisements and content of messages. Your reliance on any User Content is at your own risk.
Notwithstanding the foregoing, although we have no obligation to screen User Content, to the extent that we become or are made aware of, User Content that may or does (i) violate the terms of this Agreement or any other Agreement you have with us, or (ii) violate any law or regulation, or (iii) violate the rights of third parties, or (iv) create liability for us or otherwise negatively impact us, we reserve the right to reject and/or remove such User Content, and suspend and/or terminate any User account associated with such User Content.
Please note Section 230 of the U.S. Communications Decency Act ("CDA") (and the equivalent or similar laws in your jurisdiction), which are intended to exclude or limit the liability of online service providers such as us, which provide or make available access to third-party user generated content (see § 230 (c)(1) which states: No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider).
The decision by us to remove or not post or distribute any User Content, does not by itself amount to participation in the creation of such User Content and accordingly, does not constitute a waiver of the immunity afforded by the CDA. Additionally, § 230 (c)(2) of the CDA specifically provides: "No provider or user of an interactive computer service shall be held liable on account of (A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable whether or not such material is constitutionally protected..."
You understand and agree that we do not, and cannot, confirm that each User is who he/she/they claim to be. We are not responsible for authenticating Users and therefore it is your responsibility to conduct the appropriate due diligence before communicating or interacting with other Users, including, without limitation, Job Seekers, employers, staffing agencies, recruitment product sales, and recruiters. You assume all risks associated with Users with whom you come into contact. If you have any disputes or issues with any User you agree to pursue any remedies directly with the applicable User and you release us, our partners, our subsidiaries, and their respective employees, directors and agents from all claims, demands and damages of every kind (actual and consequential and direct and indirect) known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.
We reserve the right to disclose User Content and any information related to the provider of such User Content, to third parties in connection with the operation and provision of the Services, to enforce the terms of any agreement that we have with you, to comply with legal obligations and requests from governmental authorities, law enforcement agencies, court orders, subpoenas, etc., and to protect our interests where necessary. For the avoidance of doubt, you agree that we have the right to disclose your identity to a third party who is claiming that any User Content you posted, provided or uploaded is fraudulent, false, or misleading or constitutes a violation of the law, or a violation of their intellectual property or ownership rights, or of their right to privacy.
User Content License Grant
By posting, submitting, providing and/or otherwise making available any User Content, you expressly grant, and represent that you have a right to grant, to us, a royalty-free, sublicensable (through multiple layers of sublicensees), perpetual, transferable, non-exclusive, worldwide license to use, sell, reproduce, adapt, translate, sublicense, publicly perform, publicly display, and make derivative works from and otherwise exploit, all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purposes of posting such User Content on the Recruitment Platform, distributing such User Content through our distribution and publishing network and in job alerts to job seekers, and to promote the Services. This license continues even if you stop using the Services.
If you are a Client, you acknowledge and agree that we have no obligation, and may be unable, to remove your Job Advertisements and other content (including any logos and/or trademarks contained therein) once they have been (i) distributed via our distribution and publisher network, (ii) listed in search engine results, or (iii) distributed on websites and in job alert emails or job alert texts, or (iv) incorporated into fixed media displays of the Recruitment Platform or any third party, and in each case (i) to (iv) above, the license grant from you above will be perpetual and irrevocable for such uses. To the extent your User Content is a trademark, trade name, service mark or service name protected by law, the foregoing license also extends to the use by us to identify you as a User of the Services in any promotional and marketing materials to promote the Services. Further, to the extent you have given us the right to access certain User Content that is present on another website or service you own or control, you give us the right to scrape such website as required to retrieve such User Content for use on the Services as contemplated in the license grants above.
You represent and warrant that you have the rights, power and authority necessary to grant the rights described in this section to User Content that you submit, provide, make available or post, via the Services, that our use of your User Content will not violate any law or infringe the rights of any third party, and that your User Content and any other information that you provide to us is legal, complete, legitimate, truthful and accurate.
Our Proprietary Rights
With the exception of content owned by, or licensed from third parties, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content (the, "Our Content"), and all Intellectual Property Rights related thereto, are our exclusive property. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of Our Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited.
If you participate in any evaluation regarding the Services or otherwise provide us suggestions, comments, ideas, opinions, recommendations for the modification, correction, improvement, or enhancement of the Services, or other feedback regarding the Services (collectively, "Feedback"), you agree that we shall own such Feedback. Accordingly, you understand and accept that we will be free to use, disclose, reproduce, license or otherwise distribute, commercialize and exploit the Feedback as it sees fit, entirely without obligation or restriction of any kind and without compensation to you. You agree not to provide any Feedback that is false or misleading or that breaches any agreement you have with a third party.
Certain aspects of the Services may be provided for a fee. If you elect to use paid features of the Services, you agree to the pricing and payment terms for the applicable Services, as we may update them from time to time. Recurring charges are billed in advance of service. We may add new services and products for additional fees and charges, or amend fees and charges for existing services, at any time in our sole discretion. We may also provide certain services via our third-party partners and you agree that your use of such third-party services is subject to the contractual (including payment) terms presented by such third parties should you wish to use their services. You further agree that we have no responsibility for such third-party services and your use of such services is entirely at your own risk. Any change to the fees for paid services shall become effective in the billing cycle following notice of such change to you.
You may cancel your subscription to paid services at any time and you accept that you will not receive a refund of pre-paid fees for such cancellation. In the event that we suspend, limit, condition, or terminate your access to the Services and/or your account due to your breach of this Agreement or any other agreement that you have with us, you understand and accept that you will not receive a refund for any unused time with respect to fees that you have pre-paid for a subscription plan, product or service, and to the extent that you have not paid the applicable fees, you will remain liable to pay us the entire fees due for the subscription, product or service, as applicable.
In the event that you purchase recruitment products or credits in advance of use or for future use (“Advance Purchase”), you will have twelve (12) months to utilize your Advance Purchase. Any Advanced Purchase or advertising budgets not used within twelve (12) months of purchase will expire without refund.
Payment Information; Taxes; Delinquent Payments
All information that you provide in connection with a monetary transaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect when such charges are incurred. You will also pay any applicable taxes relating to such transactions. If at any time we are required by a taxing authority to pay any taxes not previously collected from you, you will promptly submit such taxes (including applicable penalties and interest, if any) to us upon written notice.
If you elect to add additional paid services or products to your selected product, subscription or upgrade your subscription, we will invoice you for such services, products and upgrades, and/or charge your credit or debit card (or other payment method) accordingly.
Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including legal fees and expenses) incurred by us in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies. In addition, if you are late in payment of any fees, we reserve the right to either (i) immediately suspend or terminate your access and/or your client’s access to the applicable Services without notice, and in the event of any such suspension or termination, you will remain responsible for the entire amount of fees owing for such Services; or (ii) bill your credit/debit card on file with us under this or any other agreement. Unless your subscription plan is terminated timely and correctly, you will continue to accrue charges even if you don’t use the subscribed Services.
Credit and Debit Cards
In the event that you pay for any Services using a credit card or debit card, you authorize us or our partners to charge your credit or debit card (or other acceptable payment method that you have chosen from those offered) ("Payment Method"), for the applicable fees for the duration of the applicable term of your selected subscription plan or other paid service or product, together with any applicable VAT, sales, use, excise, consumption or other similar tax applicable to the Services. You represent that you are authorized to use the Payment Method on your company’s behalf, and you agree to accept an electronic record of a receipt. If at any time your Payment Method will not accept the charge for fees due, you agree that we may suspend or terminate your access to the applicable Services and that you will continue to remain liable for the full payment for such Services even after your access to the Services has been terminated or suspended. By providing any Payment Method, you agree that applicable credit card, debit card and billing information may be shared with third parties such as payment processors and credit agencies, and/or collection agencies for the purposes of checking your credit, effecting payment, collecting payments and late fees if applicable, and for providing the applicable Services to you or in order to enforce our agreement with you. We may also share this information with law enforcement authorities and in response to subpoenas, court orders, and search warrants.
Suspension or Termination for Breach (for Client that have not executed a paper contract)
We can suspend or terminate your access to the Services and/or this Agreement in the following instances: (i) if you breach this Agreement and cannot correct the breach within that period required by us if the breach is capable of cure; (ii) immediately, if you fail to pay any monies owed to us for paid services or if you become the subject of a bankruptcy, insolvency, receivership, liquidation, assignment for the benefit of creditors or similar proceeding; (iii) immediately in the event of recurring violations of this Agreement; and (iv) for convenience via email notification to you and in the event of such termination for convenience, you will receive a pro-rata refund of any pre-paid fees pertaining to Services paid for, but not provided. In the event of any termination or suspension of your access to the Services and/or termination of this Agreement or any other agreement you have with us (other than a termination for convenience by us as described in such agreements), you remain responsible for the entire amount of the fees pertaining to the applicable Services. We may suspend your access to the Services without notice in the event of a suspected violation of this Agreement. You may terminate this Agreement if we have materially breached this Agreement and have not cure the breach within ten (10) days after receipt of written notice from you, which notice must be emailed to: email@example.com. Pre-paid fees are non-refundable, except in the case of an uncured material breach by us, in which case you will receive a pro-rata refund of any pre-paid fees pertaining to Services paid for, but not provided, for the balance of the applicable term of the purchased product(s).
Additional Terms that apply to Job Seekers
As a Job Seeker, you can (i) use the Services to search for jobs, (ii) apply for jobs ("Job Applications"), (iii) receive job alert emails or text messages, where such features are available to you ("Job Alerts"), and (iv) include your resume and other applicable information in the Resume Database. For purposes of this Agreement, references to "resume" or "CV" shall also mean a curriculum vitae, profile, references, recommendations, and other similar written overviews or assessments of a person's experience and qualifications.
You agree that if you have a User account with us or if you have provided your resume/CV to us and/or if you have signed up for job alerts, we may use the information you provide to send you information about Job Advertisements that may be of interest to you and you also agree that we may provide your resume/CV to an employer or recruiter who may be interested in candidates who have shown an interest in roles similar to the type that you have searched for or applied to.
To the extent that you wish us to share your information and resume/CV with potential employers, recruiters, or staffing agencies (including, where you have submitted your resume/CV to the Resume Database or because you have applied to a Job Advertisement on the Recruitment Platform), you consent to our sharing your resume/CV, together with any additional information you provide to us during the application process. This means that you give us a non-exclusive, royalty-free, worldwide license (and right to sub-license), of any rights, including intellectual property rights, in your resume/CV and any additional information you provide to us, to share or otherwise use such resume/CV and additional information as we reasonably require to fulfil the services we provide to you.
Job Applications in General
You can choose how to submit your Job Application using the options offered through the Services. If you elect to apply through a third-party account such as Facebook or LinkedIn.com, you will be asked to log-in to the applicable account, and the profile, resume and other information that you have provided as part of any of those accounts will then be provided to the entity that posted the applicable Job Advertisement. You can also submit a Job Application through your mobile device.
Once you submit a Job Application, your resume and other applicable information will be shared with the entity that posted the Job Advertisement. You should therefore ensure that the information you provide is complete and accurate, and only contains information that you are comfortable sharing.
If you ask us to submit a message to any employer or third party or if you apply for a job using the Services, you accept that we do not guarantee that the recipient entity will receive, access, view, or respond to your requests or Job Applications, or that the transmission of data will be error-free. Any screener questions provided by the entity posting a Job Advertisement are entirely in the control of that entity and if you require alternate screener questions or application process, you must contact the applicable entity directly.
IMPORTANT: It is your responsibility to ensure that the resume associated with your account is always updated, current and accurate before you apply to a Job Advertisement, so an employer receives the most up-to-date information about you. If you have opted into the Resume Database, make sure that employers see the most up-to-date information about you.
An account will automatically be created in the Recruitment Platform for you if you don’t already have an account when you apply to a Job Advertisement on the Recruitment Platform, using for example, the Apply Now buttons.
We have a feature which permits resumes/CV to be included in our resume database (the, "Resume Database") to be stored on the Service and potentially to be accessed by employers when you apply to a Job Advertisement.
By applying to a Job Advertisement, you consent to us matching words, skills, or certifications that are present or implied in your resume or other application materials to words, skills, or certifications present or implied in a Job Advertisement or an employer’s or recruiter’s search of terms, and if there are any matches, to present matching resumes/CVs to the applicable employer or recruiter and to send information to you about Job Advertisements that may be of interest to you.
Additionally, you acknowledge that we may 'parse' the resume and other applicable information into another format to create a profile view and/or enable searchable text for a Company; the Company may be able to see your resume in the form in which you originally submitted it to us.
You can opt-out of including your resume/CV in the Resume Database and public visibility at any time by submitting your request here to withdraw your consent to use your Personal Data and we will remove your resume/CV from the Resume Database. However, if an entity has already accessed your resume/CV through the Resume Database or search engines and copied or saved your resume, that entity will continue to have access to your resume/CV and all information you included in your resume/CV.
Interactions with other Users; Scams, Confidentiality
You are solely responsible for your interactions with Users whom you contact or who contact you. Note: there are risks, including, but not limited to, the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore use caution with regard to the information you elect to share as part of your User Profile or Job Application or resume/CV. Only list the contact information that you are comfortable disclosing to Clients and other Users of the Services.
In addition to carefully reviewing this section and the “User Content and Users” section above, you should conduct your own due diligence on potential employers and Job Advertisements that may be of interest to you. We do not authenticate Users or guarantee that a Job Advertisement is suitable, legitimate or real. If you are concerned about any particular communication you have received from a potential employer (either because it’s unsolicited or you received the communication in response to your Job Application), or if you are concerned about any particular Job Advertisement you find on the Recruitment Platform, or if you find a Job Advertisement that is fake or fraudulent, you should do the following:
Remember, if the job or the job offer sounds too good to be true, you need to be extra vigilant and conduct your own checks before responding to any communication or taking any action.
The following is a non-exhaustive list of red flags that should alert you to check whether a communication is legitimate and/or whether any particular Job Advertisement is fake or fraudulent ("Scam"). But, this list doesn’t cover every scenario; it’s merely intended to highlight some of the more common Scams. For more information, you should visit the websites listed above. Be on the alert:
Additionally, although we request that companies maintain the confidentiality of the Job Applications and resumes/CVs they receive through the Services, we cannot and do not guarantee that the information you provide will be held in confidence or properly secured by the applicable recipient.
Additional Terms that apply to Providers of Job Advertisements
As a Client, you can use the Services to (i) search for prospective employees or candidates, (ii) view resumes, profiles, or curriculum vitae, (iii) promote your company more extensively through the products and technologies of the Recruitment Platform, and/or (iv) post and/or distribute Job Advertisements on behalf of yourself and/or a third party.
With respect to all Job Advertisements that you submit, make available, provide, post or distribute, whether on your own behalf or on behalf of a third party, in addition to the other requirements in this Agreement, you represent and warrant that (i) the content of Job Advertisements (whether owned by you or your clients), will comply with advertising standards and applicable laws, including, but not limited to, employment and privacy laws, in your jurisdiction and the jurisdictions in which the vacancies are located; (ii) you have the necessary rights to permit the publication and use of Job Advertisements by us pursuant to this Agreement; (iii) the use, reproduction, distribution or transmission of Job Advertisements will not violate any applicable laws or any rights of any third parties, including, but not limited to, infringement of any copyright, trademark, or other proprietary right, false advertising, defamation, any other right of any person or entity; (iv) the content of Job Advertisements shall comply with the then-current versions of this Agreement and Job Posting Rules (referenced below); and (v), you have the authority to grant permission to us to wrap or collect Job Advertisements from applicable websites if necessary, to include in distributions and any such wrapping will not cause us to violate the rights of any third party. You understand and agree that you are solely responsible for any liability arising out of publication of Job Advertisements or material to which users can link though such Job Advertisements. You agree to indemnify and hold us, our partners, and our subsidiaries, and their respective officers, directors, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with Job Advertisements provided by you or any other content provided by you, or your breach of this Agreement.
You agree not to post or promote any Job Advertisements (“Job Posting Rules”) that: (i) contain inaccurate, false, or misleading information; (ii) contain hidden keywords or keywords that are irrelevant to the job opportunity being presented; (iii) sell, promote or advertise products or services; (iv) endorse a particular political party, political agenda, or political position or promote a particular religion; (v) advertise job openings located in countries subject to economic sanctions of the United States or Canadian governments, except where permitted by applicable law; (vi) require the applicant to provide information relating to his/her (a) racial or ethnic origin, (b) political beliefs, (c) religious beliefs, (d) membership of a trade union, (e) physical or mental health, (f) sexual life, (g) the commission of criminal offences or proceedings, or (h) age; (vii) contain content or links to content that exploit people in a sexual, violent or other manner, or solicits personal information from anyone under the age of 13; (viii) includes any screening requirement or criteria where such requirement or criteria is not a bona fide occupational requirement for the role; (ix) involves any franchise, pyramid scheme, "club membership", distributorship, or multi-level marketing opportunity or requires recruitment of other members, sub-distributors or sub-agents; (x) requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples; (xi) contain content that violates applicable laws; (xii) pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the Job Seeker would be selling, in which case such Job Advertisements are permissible); (xiii) requires citizenship or lawful permanent residence in a country, unless that is required in order to comply with law, regulation, or a federal, state or local government contract or (xiv) do not otherwise comply with the then-current Job Posting Rules.
Additionally, Job Advertisements must comply with applicable local, national and international laws, and regulations including, but not limited to, those relating to labor and employment, and anti-discrimination (or the equivalent in the country that the Job Advertisements are made available, posted or distributed).
REPORTING VIOLATIONS OF THE CONTENT RULES: If you believe that any content on our Websites, violate the Content Rules, please contact us at firstname.lastname@example.org and state the following in the subject-line of your email: Violation of Content Rules. For content that allegedly violates your copyright, please see “Infringing Content” section below.
Distribution of Job Advertisements
We will make reasonable efforts to distribute Job Advertisements to third-party services, publishers, job boards and/or other entities in our distribution network (collectively, "Distribution Channels"). However, you acknowledge and accept that we have no control over the Distribution Channels or communication networks, and therefore we provide no guarantee that your Job Advertisements will actually be delivered over the Internet or via communication networks, be accepted by an entity in the Distribution Channels or be received and/or read by a Job Seeker. You accept that entities in the Distribution Channels have no obligation to use or display a Job Advertisement and may reject a Job Advertisement if the Job Advertisement doesn’t meet the entities rules for accepting Job Advertisements.
You agree that we are not liable to you or any third party if your Job Advertisement is rejected or not posted, and you will not be entitled to any refund for Job Advertisements not posted or distributed. By submitting a Job Advertisement, you give us permission to distribute that Job Advertisement in the Distribution Channels and on the Recruitment Platform websites.
We make no guarantee as to the number or quality of candidates that you will receive as a result of your Job Advertisement. You are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate candidate. In certain cases, entities in the Distribution Channels may require that you agree to additional service policies in order to allow your Job Advertisement to be distributed on or via their services, and you hereby agree to such additional service policies as they apply to the distribution of your Job Advertisements.
You are responsible for all activity, acts or omissions of any person or entity that is able to access the Services under your account (each, an "Authorized User"). Additionally, you agree that: (i) you will not share log-in credentials and account information with third parties; (ii) you will not sell or sublicense access to your account or the Services; (iii) you will ensure that Authorized Users comply with this Agreement and any other Specific Terms of Service or other agreement that you have with us; (iv) you will immediately notify us of any suspected or alleged violation of this Agreement, including any unauthorized use of any password or account information, or any other known or suspected breach of security; and (v) you will cooperate with us with respect to investigating of any suspected or alleged violation of this Agreement and any action by us to enforce this Agreement.
We may suspend, limit, condition, or terminate an Authorized User's access to the Services or any features thereof, in the event that we reasonably determine that such Authorized User has violated this Agreement or appears likely to do so.
Removal of Advertisements; Enforcement; Termination
You acknowledge and agree that we may, with no liability or penalty, remove any Job Advertisement or other content, communication or information posted, which in the sole judgment of us, violates or may violate this Agreement, applicable laws, rules or regulations, or third party terms; or may adversely affect the Recruitment Platform; or is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party.
We also have the right to:
Remove or refuse to post any User Content for any or no reason in our sole discretion.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Recruitment Platform. YOU WAIVE AND HOLD US OUR PARTNERS, OUR SUBSIDIARIES HARMLESS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AND EMPLOYEES, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ALL SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
If your purchase includes access to the resume database “Resume Database” or access to our candidate matching products “Matched Candidates”, then (subject to the terms and conditions of this Agreement) we hereby grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive right to access the Resume Database or Matched Candidates for the limited purpose of (1) searching the Resume Database; and/or (2) viewing and/or downloading the number of resumes/CVs permissible under your purchase, each for the sole purpose of seeking potential employment candidates for legitimate employment opportunities. You shall not use or access the Resume Database for any other purpose.
You shall not use any automated computer programs or software to download resumes/CV or to extract Data (defined below), and shall not resell or sub-license access to the Resume Database (or any portion thereof) or any resume (including Data). You further agree that you shall not use Matched Candidates or the Resume Database or its contents to market or sell products or services to the data subjects whose resumes comprise the Resume Database or Matched Candidates.
Notwithstanding anything to the contrary in this Agreement, we reserve the right to limit the amount of information (including resume views and downloads), that may be accessed in any time period to mitigate any overload to the Services or in response to any abuse of the Services. The Resume Database or Matched Candidates shall not be used in any manner that adversely affects our business, imposes an unreasonable or disproportionately large load on our infrastructure, or interferes with the ability of others to access Matched Candidates or the Resume Database. We reserve the right to suspend or terminate access to Matched Candidates or the Resume Database or terminate this Agreement in the event of any non-compliance with this Agreement or any other agreement you have with us. You shall remain primarily responsible for ensuring that Authorized Users comply with the terms of this Agreement. If a Job Seeker opts out of the Resume Database or Matched Candidates at any time, we reserve the right to block access to, and/or remove, the Job Seeker’s resume/CV from Matched Candidates or the Resume Database.
You accept that we do not verify whether any telephone number contained within a resume/CV is a landline or a cell phone number, and it is your responsibility to ensure that any communication with the data subject of the resume/CV is in compliance with applicable laws related to telephone calls, automated dialing, SMS, spam, fax, and unsolicited communications.
You represent, warrant and promise that: (i) you will use Matched Candidates and the Resume Database and the Personal Data contained within any resumes/CVs (collectively, "Data"), in accordance with applicable communication, privacy and data protection laws; (ii) you shall not further disclose any Data from the Resume Database or Matched Candidates to a third party, unless you are an authorized recruitment agency, staffing agency, or job advertising agency acting on behalf of a client, using a separate company account within the Recruitment Platform per client, and you are accessing the resumes/CVs to source candidates on behalf of your clients for legitimate employment purposes, and such disclosure falls within the scope of the purchased product; (iii) you will implement appropriate physical, technical, and administrative measures to protect Data obtained from Matched Candidates and the Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction, and you will notify us immediately in the event of any suspected or actual unauthorized access or disclosure of resumes/CVs; (iv) Authorized Users shall not share login credentials with any other party; (v) you will not use the contact information from resumes/CVs to send unsolicited mail, e-mails, phone calls, SMS, or faxes regarding promotions and/or advertising of your or a third party’s products or services, or to contact or source job seekers business opportunities; and (vi) you will respect the privacy choices of Job Seekers.
We make no representations or warranties regarding any content provided or generated by third parties, including, without limitation, resumes/CVs. You accept that we act as a passive conduit for receipt of resumes/CVs and have no obligation to screen resumes/CVs, verify the identity of the person submitting a resume/CV, or verify the accuracy of the data or content contained in resumes/CV. It is your responsibility to conduct due diligence as regards the individual job seeker-subject of each resume/CV. We do not guarantee any response or the number of responses to your Job Advertisements or that any responses will be from individuals suitable for the job vacancy you advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that individuals who respond to your Job Advertisements have the required qualifications to meet your requirements.
References to "resume" or "CV" as used herein, will include curriculum vitae, profile, references, recommendations, and other similar written overviews or assessments of a person's experience and qualifications.
We may inform Job Seekers that you have taken an action with respect to a resume/CV or a Job Application. You agree to deal fairly and professionally with individuals who may respond to your Job Advertisement and agree to indemnify us from and against any claim brought by an individual against us arising from your breach of this Agreement or any other agreement you have with us.
You agree to implement appropriate physical, technical, organizational, and administrative measures (a) to prevent unauthorized or unlawful processing of any Personal Data; (b) to protect Personal Data against accidental loss, destruction or damage; (c) to include taking reasonable steps to ensure the reliability of the personnel having access to the Personal Data; and (d) having regard to the state of technological development and the cost of implementing those measures so as to ensure a level of security appropriate to: (i) the harm that may result from breach of those measures; and (ii) the nature of the Personal Data to be protected. You agree to comply with applicable data protection and privacy laws and regulations in applicable jurisdictions particularly as they relate to your operations and the residency of the applicable data subjects. You further agree to indemnify, hold harmless, and defend us at your own expense against all costs, claims, damages or expenses incurred by us for which we may become liable due to any failure by you or your personnel or agents to comply with any of your obligations under this section and applicable data protection and privacy laws and regulations.
For the purposes of this Agreement, “Personal Data” means any information or pieces of information that could identify a natural person either directly (e.g. your name, email address, phone number) or indirectly (e.g. through pseudonymized data, such as a unique ID number). This means that personal data includes things like email/home addresses, usernames, profile pictures, personal preferences, financial information, and health information. It could also include unique numerical identifiers like your computer’s IP address.
Privacy and Security
Unfortunately, the transmission of information over the Internet is not completely secure and we cannot, therefore, guarantee that unauthorized third parties will never be able to defeat our security measures or use your Personal Data for improper purposes. You acknowledge that you provide your Personal Data at your own risk. Any actual or attempted use of the Services by you in violation of this Agreement may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. We reserve the right in its sole discretion to review, monitor, and/or record any information relating to your use of the Services without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through the Services.
DMCA Notice Procedure (Copyrights)
It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"), or if you reside outside the United States, any similar applicable law with respect to copyright infringement in the jurisdiction in which you are located.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify us as set forth below. For your complaint to be valid under the DMCA, you must provide the following information in writing:
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC URLS WHERE CONTENT MAY BE FOUND WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOU HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS. WE WILL NOT TAKE RESPONSIVE ACTION TO REMOVE CONTENT UNTIL ALL OF THE NECESSARY INFORMATION IS PROVIDED.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Agent
98 Battery Street, Suite 601
San Francisco, CA 94111
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Copyright Counter-Notices. If content you posted on the site was removed due to a claim(s) of copyright infringement and you would like to dispute that removal, the process for counter-notifications is governed by Section 512(g) of the DMCA:
Elements of Counter-Notification. To expedite our ability to process your counter-notification, please use the following format (including section numbers):
Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:
Attn: DMCA Agent
98 Battery Street, Suite 601
San Francisco, CA 94111
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it may include any of your identifying information set forth in the counter-notification. By submitting a counter-notification, you therefore consent to having such identifying information revealed in this way.
After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the site. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
Foreign Counter-Notification. If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Therefore, please be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are infringers. So, if you are not sure whether content you posted on the site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we recommend you first contact a lawyer knowledgeable in the laws of the United States and the state of California. If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Elements of Counter-Notification.”
General. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of Users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Other Infringing Content (Trademarks)
If you believe in good faith that any content on the Services is illegal or infringes your or a third party's intellectual property right or you wish to make us aware of any other illegal or infringing acts which relate to the Services, you can contact us via email at: email@example.com. Any notice to us must contain: (a) a detailed description of the infringing or illegal material or activity including why it is infringing or illegal; (b) a detailed description specifying the location of the material that you claim is infringing or illegal (if applicable); and (c) your name, address, telephone number and e-mail address.
Third Party Links and Services
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold us, our subsidiaries and our partners harmless, and their respective directors, officers, board members, employees, agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to all legal fees and expenses) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement and any other agreement that you have with us, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party rights, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation, including, without limitation, your violation of the U.S. Fair Credit Reporting Act, or pursuant to applicable credit reporting laws, and any applicable data protection laws; (v) any claims or damages that arise as a result of your User Content; (vi) any other party's access and use of the Services with your account or log-in information; and/or (vii) your intentional or willful misconduct, or negligence.
Disclaimer of Warranties
NOTHING IN THIS AGREEMENT SEEKS TO EXCLUDE ANY CONDITION, WARRANT OR GUARANTEE THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES ARE AT YOUR OWN OPTION AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES, GUARANTEES, CONDITIONS OR TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PURPOSE OR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OUR EMPLOYEES, OR AGENTS, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY, GUARANTEE, TERM OR CONDITION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (I) ANY CONTENT PROVIDED ON OR THROUGH THE SERVICES IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT; (II) THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL BE UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR AVAILABLE AT YOUR OWN OPTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER TYPE OF LOSS THAT RESULTS FROM SUCH CONTENT OR YOUR USE OF THE SERVICES.
IF ANY SUCH WARRANTY OR GUARANTEE CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THEN TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY FOR BREACH OF ANY SUCH WARRANTY OR GUARANTEE IS LIMITED (AT OUR OPTION) TO: (A) FOR GOODS, THE REPAIR OR REPLACEMENT OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS OR PAYMENT OF THE COST OF THE REPAIR OR REPLACEMENT OF THE GOODS OR SUPPLY OF EQUIVALENT GOODS; OR (B) FOR SERVICES, THE RESUPPLY OF THE SERVICES OR PAYMENT OF THE COST OF THE RESUPPLY OF THE SERVICES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
Limitation of Liability
(A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OUR PARTNERS AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSOR AND ASSIGNS, BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE FOR ANY (I)INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR LOSSES, OR ANY OTHER LOSS OR DAMAGE THAT DOES NOT ARISE NATURALLY AND ACCORDING TO THE USUAL COURSE OF THINGS FROM THE BREACH, ACT OR OMISSION RELATING TO THIS AGREEMENT AND GIVING RISE TO THAT LOSS, WHETHER TO NOT SUCH LOSS MAY REASONABLY BE SUPPOSED TO HAVE BEEN IN THE CONTEMPLATION OF THE PARTIES AT THE TIME THEY ENTERED INTO THIS AGREEMENT AS A PROBABLY RESULT OF THE BREACH, ACT OR OMISSION (ii) DIRECT OR INDIRECT; (II), LOSS OF PROFITS, GOODWILL, USE, DATA THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
(B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS OR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; (VII) USER CONTENT OR (VIII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY.
(C) IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OUR PARTNERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US IN THE 3 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM OR USD $500, WHICHEVER IS LESSER.
(D) THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY OR ANY OTHER BASIS AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Agreement to Arbitrate
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this section is enforceable, the following mandatory arbitration provisions apply to you:
This section is referred to in this Agreement as the "Agreement to Arbitrate". Unless you opt-out pursuant to the opt-out procedures set forth below, you agree that any and all disputes or claims that have arisen or may arise between you and us, our affiliates or our partners, whether relating to the Services, this Agreement (including any alleged breach thereof), or otherwise (each a "Dispute"), shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Agreement to Arbitrate. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU UNDERSTAND THAT ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party (“Notice”), by certified mail or Federal Express (signature required) or, in the event that we do not have a physical address on file for you, by electronic mail. Our address for Notice is: Recruitology, Attention: Legal Department, 98 Battery Street, Suite 601, San Francisco, CA 94111.
The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, either of us may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Applicable to Users in the United States: The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes, each available at www.adr.org, or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by both of us. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. Any arbitration hearings will take place at a location to be agreed upon in San Francisco, California area, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (a) solely on the basis of documents submitted to the arbitrator; (b) submitted to the arbitrator; (b) through a non-appearance based telephonic hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, both of us may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Applicable to Users in Canada: Disputes shall be referred to ADR Institute of Canada ("ADRIC"), including the ADRIC’s Arbitration Rules, available at: http://adric.ca/, or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by both of us. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, both of us may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Both of us agree that any arbitration shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
Both of us agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
30 Day Right to Opt Out of Arbitration
You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section by sending written notice of your decision to opt-out to firstname.lastname@example.org or to the U.S. mailing address listed below. The notice must be sent to us within thirty (30) days of your registering to use the Services or agreeing to these terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
Attn: Legal Staff
98 Battery Street, Suite 601
San Francisco, CA 94111
Governing Law and Location
The Services are controlled and operated by us from within the United States of America. We make no representations that the Services or the materials available via the Services, are appropriate or available for use in locations outside of the United States or Canada. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with all United States of America and Canadian laws (as applicable) as well as local laws, if and to the extent local laws are applicable.
Unless otherwise required by a mandatory law, this Agreement and any Disputes shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. An arbitrator shall not be bound by rulings in prior arbitrations involving different Users but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. Except as otherwise expressly provided in this Agreement, all arbitration and other litigation in a court of competent jurisdiction of any dispute between you and us related to this Agreement shall be located in the San Francisco, California area.
You may not use the Services if you are a resident of a country embargoed by the United States or Canada, or are a foreign person or entity blocked or denied by the United States or Canadian governments.
This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without the prior written consent of our General Counsel or his/her designee. We can assign this Agreement or delegate its obligations without restriction other than as required under applicable law.
Relationship of the Parties
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, employer, contractor or employee of the other. Neither party shall have or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
Except as set out in this Agreement, only you and us may enforce this Agreement as this contract is between you and us; no other party shall be entitled to enforce the terms of this Agreement.
We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice through the Recruitment Platform, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in this Agreement. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
This Agreement, together with any amendments and any additional agreements you may enter into with us in connection with the Services, shall constitute the entire agreement and understanding between you and us concerning the Services. You acknowledge and agree that you have not relied upon any statement, promise or representation made or given by or on behalf of us, which is not set out in this Agreement or any document expressly referred to herein.
Compliance with Laws
You agree to comply with all applicable laws, regulations and ordinances in the use of the Services and the conduct of your activities.
Pursuant to your use of the Services, you may receive information or be exposed to features and functionality that are not known or available to the general public, including, but not limited to, login credentials, technology, API Keys, dashboards, widgets, insertion codes, and guidelines and documentation relating to the Services ("Confidential Information"). You agree that: (a) all Confidential Information will remain our exclusive property; (b) you will use Confidential Information only as is necessary for your use of the Services and in accordance with this Agreement; (c) you will not disclose Confidential Information to any third party; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. You further agree not to share with, or otherwise disclose to, any third party, log-in credentials or any other mechanism that permits access to the Services or any other non-public area of the Recruitment Platform.
You acknowledge that a breach by you of any confidentiality or proprietary rights provision of this Agreement may cause us irreparable damage, for which the award of damages would not be adequate compensation. Consequently, we may institute an action to enjoin you from any acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and additionally, we may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.
You shall not publicly disclose, issue any press release nor make any other public statement, nor otherwise communicate with the media, concerning the existence of this Agreement or the subject matter hereof, or the relationship with us without the prior written approval of our legal department. You further agree not to misrepresent or embellish your relationship with us. You agree to refer any inquiry that you receive from the media or other third parties, concerning this Agreement or the to our legal department at: email@example.com.
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY THIS AGREEMENT, AND THAT YOUR INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO TRANSACTIONS YOU ENTER INTO ON THE RECRUITMENT PLATFORM, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
Any waiver of any provision of this Agreement will be effective only if in writing and signed by us. No failure by us to exercise, or to delay in exercising, any rights hereunder shall operate as a waiver hereof, nor shall any single or partial exercise of any right hereunder by us preclude any other or future exercise of that right or any other right hereunder by us. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from this Agreement.
How To Contact Us
If you have questions about your User account, purchased products, job alerts, applications to Job Advertisements, or any other Services-related questions, please contact Customer Service by sending your request to firstname.lastname@example.org.
Phone: 415-263-1306 (8 am to 5 pm PST)
Toll-Free: 877-725-7721 (8 am to 5 pm PST)
AfterCollege, Inc. DBA Recruitology
98 Battery Street, Suite 601
San Francisco, CA 94111