Terms & Condition_02
Terms and Conditions
Updated Jan 3, 2022
My Job Matcher Inc. d/b/a Job.com (“Job.com,” “we,” “us,” or “our”) matches Job Seekers with Employers. These Terms and Conditions (the “Terms”) govern your use of www.job.com and any other websites, applications, features, technologies, or other services offered by Job.com or its affiliates (collectively, the “Platform”), except where we expressly state that separate terms (and not these) apply.
Please read these Terms carefully as they contain important information regarding your legal rights, remedies and obligations with respect to your use of the Platform, including but not limited to various limitations, exclusions, and indemnities. Unless otherwise indicated herein, capitalized terms have the meanings assigned to them in the Definitions section below.
By accessing or using the Platform, and the content and services available thereon, you signify that you have read, understand and agree to be bound by these Terms in all respects. Such agreement will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using, the Platform. If you are an individual accessing or using the Platform on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated, then you are agreeing to the Terms on behalf of yourself and such corporation, partnership, or other entity, and you represent and warrant that you have the legal authority to bind same to these Terms.
The Platform is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Platform and the services offered by the Platform are not available to minors.
Please note that the domain Job.com is a brand used on the Platform, which the owners of the domain reserve the right to use for other purposes at their sole discretion.
The Platform is controlled and/or operated from the United States and is not intended to subject us to non-U.S. jurisdictions or laws, except as otherwise expressly stated in these Terms. The Platform may not be appropriate or available for use in some jurisdictions outside of the United States. If you use the Platform, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the Platform’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
MODIFICATION OF THESE TERMS
We reserve the right in our sole discretion to change, modify, add, or remove the terms, conditions, and notices under which the Platform is offered. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of this Platform following the effective date of changes to these Terms or other policies means you accept and consent to the changes.
REGISTERING AN ACCOUNT
To use the Platform you will need to register an account. In order to register you must:
Candidates / Jobseekers
When registering, you will be asked to provide:
- Full name
- Email address
- Phone number
- resume and any other information reasonably requested by us as part of the registration process.
Subject to applicable law, we may use automatic parsers to identify some registration details but it is your responsibility to check and approve the registration details produced by the parsers, and we do not accept any responsibility or liability for any errors or inaccuracies in your registration details.
All information that you provide to us when registering an account must be true and accurate to the best of your knowledge and belief. It is your responsibility to ensure that information in your account and resume is updated regularly with any relevant changes.
Clients / Employers
When you submit an inquiry form, you may be asked to provide your:
- Your organization name
- Your full name
- Your position
- Email address
- Phone number
- Any other information reasonably requested by us as part of the registration process
If you have previously provided information about yourself to one of our affiliates, we may load that information onto the Platform on your behalf in order to facilitate your use and/or provide it to one of our affiliates. It is however your responsibility to confirm that all of your information on the Platform is complete, accurate, and up to date.
We reserve the right in our absolute discretion and subject to applicable law to refuse to register any given prospective user and to withhold the reasons for doing so. We reserve the right to disable any account at any time if in our opinion you have failed to comply with any of the provisions in these Terms or if any details you provide for the purposes of registering as a user prove to be false
Login details and password
You will be asked to choose a password for your account upon registration. You must keep your password confidential at all times. You are solely responsible for protecting your login details and password and we will not be held liable for any loss or damage that may result from your failure to do so.
We may suspend your account or require you to change your password if we have reason to believe that there is likely to be a breach of security or misuse of your account.
You are responsible for all activities that occur in relation to your login details and must contact us immediately if you suspect any unauthorized use or other security breach of your login credentials or account.
COMMUNICATING WITH YOU BY CALL OR TEXT
When you opt-in to receive calls or texts from us regarding our services, we will send you an SMS text message to confirm your signup.
When using specific services, we may ask for your consent to call or text you. By granting such express written consent, you agree to receive telephone calls and text message from, or on behalf of Job.com at the number(s) you have provided, including via an automatic telephone dialing system and/or an artificial or prerecorded voice (to the extent permitted by the laws of the jurisdiction where you reside), for employment-related communications, notices, and updates. Message and data rates may apply.
You can request that we stop texting you at any time by texting “STOP.” You understand, agree, and provide your consent for Job.com to then send you a final text confirming that you have been unsubscribed, after which you will no longer receive texts from us. You can opt back in to receiving texts from us at any time by texting “MATCH”. If at any time you forget what keywords are supported, please email email@example.com for more information.
We are able to deliver messages to the following mobile phone carriers at the current time and may update this list from time to time:
Major carriers – AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, MetroPCS and Virgin Mobile;
Minor carriers – Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Message and data rates may apply for any messages sent to you from us and to us from you. You will receive triggered messages updating you on Job.com updates and interview requests. If you have any questions about your text plan or data plan, please contact your wireless provider directly. Carriers are not responsible or liable for undelivered or delayed messages. Message frequency varies
Please direct questions about the above to firstname.lastname@example.org
Contact with You by Email
By providing Job.com your email address, you consent to our using the email address to send you service-related and other non-commercial 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 about changes to features of the Platform and/or our services and special offers (to the extent permitted by applicable law). If you have consented to receive email job alerts or marketing communications from us, we will send you such communications until you opt-out. If you do not want to receive job alert emails and/or marketing communications from us, you may opt-out or change your preferences in your Account page, by following the opt-out and/or unsubscribe instructions in the email message, or by emailing a request to opt-out to email@example.com. Please note that opting out may prevent you from receiving email messages regarding updates, improvements, or offers
Please note that while you can opt-out of marketing messages and email job alerts, you may not be permitted to opt-out of certain non-commercial communications, which may include, without limitation, messages related to security, legal notices, your account, your use of our services, billing, and other transactional purposes unless you deactivate your account and stop using our services
Access to the Platform
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet, cell phone or other mobile device) meets all the necessary technical specifications to enable you to access and use the Platform and is compatible with the Platform.
We cannot guarantee the continuous, uninterrupted or error-free operability of the Platform or any of its features or access to any of the data associated with your account, job applications, job vacancies or stored job descriptions.
There may be times when certain features, parts or content of the Platform, or the entire Platform, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any other third party for any unavailability, modification, suspension or withdrawal of the Platform, or any features, parts or content of the Platform.
What you are allowed to do
You may only use the Platform in accordance with these Terms and applicable law. You may retrieve and display content from the Platform on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Platform and, where they apply, such terms will be displayed on-screen or accessible via a link.
What you are not allowed to do
Except to the extent expressly set out in these Terms, you are not allowed to:
- obtain or attempt to obtain materials or information through any means not intentionally made available or provided through the Platform, including, without limitation, by storing pages of the Platform on a server or other storage device connected to a network, creating an electronic database by systematically downloading and storing all of the pages of the Platform, or using any robot, spider, other automatic device, or manual process to monitor or copy the Platform or the contents or information thereon without prior written consent;
- use the Platform in any way that is illegal or fraudulent, or has any illegal or fraudulent purpose or effect;
- remove or change any content on the Platform or attempt to circumvent security or interfere with the proper working of the Platform or the servers on which it is hosted;
- use the Platform to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (SPAM);
- use the Platform to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- attempt to gain unauthorized access to the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform;
- use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction conducted via the Platform;
- frame, scrape, data mine, or collect the content of the Platform in any form or manner;
- permit anyone other than yourself to use your username or password to gain access to the Platform; or
- use, reproduce, duplicate, copy, modify, create derivative works from, publicly display, or re-sell any content on the Platform without our prior express written consent, or that of applicable third parties, and/or in contravention of these Terms.
You must only use the Platform and anything available from the Platform for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our customers, clients or affiliates. All rights granted to you under these Terms will terminate immediately in the event you breach them.
Jobs, employment offers and our role
We operate the Job.com Platform to match Job Seekers with Employers. The Platform enables Job Seekers to find and apply for open positions and for Clients / Employers to market such positions to Job Seekers.
Job.com utilizes best practices to ensure that jobs presented on the Platform are genuine opportunities, which are available and as described; however, we do not and cannot guarantee to Job Seekers that the jobs they view or apply for will be available as described or suitable, nor do or can we guarantee that Job Seekers introduced to Clients / Employers will be available as described or suitable for the advertised roles. It is the responsibility of Job Seekers and Clients / Employers – not of Job.com – to ensure they do proper due diligence prior to entering into employment relationships, including, without limitation, by confirming that the Job Seeker is suitable for the position the Client / Employer seeks to fill and the Client / Employer has obtained any appropriate references and conducted any applicable and permissible background checks. We are not responsible for the selection or non-selection of any Job Seeker, nor for the Job Seeker’s behavior or performance if selected.
You acknowledge that you are solely responsible for all use you make of the Platform.
As a Jobseeker / Candidate
E It is important that you establish that any jobs you wish to apply for are suitable; you can do this by communicating with the Client / Employer after they respond to your application
We may match you with a particular job posted on the Platform based on details provided by you in any or all of the following: your resume, the information you provide when registering for and using your account, and your location. You acknowledge and agree that matching you with a potential position does not amount to an endorsement of that position by Job.com.
We make no guarantee that we will be able to match you to a job or that any jobs posted on our Platform will meet your particular needs.
Job.com shall not be a party to any contract or other employment agreement between you and an Employer or Client and shall not be responsible in any way for the performance of any contract or employment offer made by an Employer or Client, or for the quality, safety, timeliness or any other aspect of such jobs offered by an Employer or Client and accepted by you.
We do not control the job listings submitted to the Platform by Clients and we give no warranty as to the accuracy, completeness, or reliability of those listings.
You acknowledge and agree that Job.com shall not be liable for the content of any job advertisements, Client or Employer information or any other advice / information that you find on the Platform
The Platform, which is free to Job Seekers, may present to Job Seekers advertisements of employment opportunities and other job-related content, including via links to content on third-party websites (“Job Ads”). Job Ads are created and provided by third parties over whom Job.com exercises no control; you acknowledge and understand that Job.com has no control over the content of Job Ads, links to or from Job Ads, or any conditions third parties might impose once a Job Seeker has submitted an application or left the Platform. For example, some of these third parties may attempt to charge Job Seekers a fee to apply to a particular job, although Job.com endeavors not to make such Job Ads available on the Platform.
If you leave the Job.com site and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party.
Except for sponsored, featured or paid placements, the Job Ads contained on, or linked from, the Platform are indexed or posted in an automated manner. Job.com has no obligation to screen any Job Ads, or to include any Job Ads in its search results or other listings, and may exclude or remove any Job Ads from the Site for any or no reason. We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Client / Employer or other user, including the identity of such Client / Employer or other user. Job.com assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Ads, company pages, screener questions and responses, and assessments. Additionally, Job.com may provide search options to narrow down Job Ads search results by job type categories (i.e., full-time, part-time, etc.). Such categories are created for you only as a convenience and may not directly or accurately reflect the content of the Job Ads. Job.com may reformat certain Job Ads to enable you to more clearly view them on a mobile device. While Job.com may in some circumstances be compensated by Employers / Clients who post Job Ads, Job.com displays Job Ads based on relevance, as determined by factors such as your search terms and other activity on the Platform. You are not permitted to use the Platform or its content other than for non-commercial purposes.
As a Client / Employer
When we post a Client / Employer’s job vacancy on the Platform, we use our technology to match that vacancy to Job Seekers registered on the Platform. Unless otherwise agreed, we may also, in our sole discretion, market your vacancy to Job Seekers using various other online and offline media that we own and operate or that are owned or operated by third parties.
The Platform is designed to help Clients / Employers identify potential candidates for their open positions. We do not, however, give any warranty as to the suitability of any Job Seeker for your position, nor do we verify, vet, or otherwise assume responsibility for the accuracy of the information such Job Seekers provide.
Prior to hiring a Job Seeker introduced to you by the Platform, you must enter into a Recruitment Contract with Job.com. The scope of the Recruitment Contract is limited to issues related to the fees payable to Job.com by the Client / Employer for its use of the Platform. The Recruitment Contract is not a contract of employment and Job.com will not be a party to, and assumes no obligations under, any agreement entered into between Client / Employer and Job Seeker related to Job Seeker’s employment.
License to use Client’s and Employer’s name, trademarks and logos
Client / Employer agrees that we may use its organization name, trademarks, service marks, designs or logos, or any other marks (collectively, “IP Rights”) for the purposes of providing the recruitment services. Additionally, unless otherwise agreed in writing, any Client / Employer using the Platform agrees that we may (a) mention the Client or Employer’s organization as a reference customer in our marketing materials (including, without limitation, on our websites and in our brochures) and (b) use the Client’s / Employer’s IP Rights in connection with our marketing efforts, including, without limitation, by presenting examples of the services provided to and the materials published on behalf of Client / Employer.
Limitation of liability
Subject to applicable law, our total liability to the Client / Employer or any other organization in respect of any loss or damage under or in connection with the services provided by the Platform and Job.com shall not exceed the total amount of fees paid to us by such Client / Employer in the twelve months immediately preceding the incurring of such loss or damage.
CLIENT / EMPLOYER USE OF CANDIDATE DATABASE
We support the current and most recent previous versions of all popular browsers, and follow the HTML 5 (loose) and CSS 3 W3C standards. If your browser is not supported, you may still be able to access our site, but you may encounter some display problem
CLIENT / EMPLOYER USE OF CANDIDATE DATABASE
Rights in the database
Database rights and all other applicable copyright and intellectual property rights in the candidate database belong to Job.com. You acknowledge that you do not acquire any rights in the database or its content and that your viewing and use of the database and its content is governed by these Terms.
Use of the database
We will take reasonable steps to provide a reliable service to you. However, we cannot guarantee the accuracy or authenticity of any of the resumes or other data stored in our candidate database. You agree with that you will not be entitled to a refund of fees or any other charges in the event you rely on information in the candidate database that proves to be incomplete, inaccurate, or untruthful. You further acknowledge that it is your responsibility to interview and otherwise vet Job Seekers, including by confirming the completeness, accuracy, and truthfulness of any information the Job Seeker provided to Job.com and/or published on the Platform, including, without limitation, information about the Job Seeker’s qualifications, certifications, or other employment bona fides.
Please note that the candidate database is private and you can only view the data relating to Job Seekers who specifically apply for a vacancy you advertise on the Platform
You may use applicable information in the candidate database to contact Job Seekers who applied for vacancies you advertised on the Platform. However, you may only use such information for your own recruitment-related activities.
You may not:
- Supply, sell or license material from the candidate database, or a copy of it, to any other person, including another member of your group of companies
- Download or capture any information from our database through any automated process (e.g., using automatic extraction software tools commonly known as robots and spiders) or through any other process.
- Contact the individuals whose information is stored in the database or make or allow any use of such information, other than for the purpose of finding suitable Job Seekers for specific job vacancies. You must comply with all legislation and regulations in local jurisdictions relating to hiring employees and accessing data.
- Access our candidate database from a system that is not fully patched or does not have industry standard antivirus software installed and regularly updated.
CLIENT /EMPLOYER DEALINGS WITH JOB SEEKERS
You agree to deal fairly, professionally and without discrimination with any Job Seekers you contact via or using information from the Platform. You further agree to refrain from interacting with Job Seekers in a way that may tarnish our reputation or relationship with Job Seekers.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in any content on the Platform (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or legally licensed to us, the Clients using the Platform, or our licensors. Except as expressly stated otherwise herein, nothing in the Terms gives you any rights regarding the intellectual property owned by us, our Clients, or our licensors, and you acknowledge that you do not acquire any ownership rights by using or downloading content from the Platform. In the event you print, copy or store pages from the Platform (where permitted by these Terms), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.
CHANGES TO CONTENT AND FORMAT
We may, in our sole discretion, change the format and content of the Platform at any time. You agree, subject to applicable law, that your use of the Platform is on an ‘as is’ and ‘as available’ basis and at your own risk.
YOUR PERSONAL INFORMATION
The Platform includes a system for Clients / Employers to market job vacancies and for Clients / Employers and Job Seekers to communicate and we may, from time to time, make available to users comments pages, message boards, news groups and/or other message or communication facilities designed to enable you to communicate with the public at large or within a group (collectively “User Content Pages”). We do not control the material submitted to User Content Pages (collectively “Postings”). You are solely responsible for the content of Postings submitted by you and acknowledge that all Postings express the views of their respective authors, and not those of Job.com.
If you participate in any User Content Pages including posting job vacancies or applying for vacancies, you must: keep all Postings relevant to the purpose of the applicable User Content Page and the nature of any topic(s) being discussed.
You must not use the User Content Pages to, without limitation:.
- Submit any Posting that is unlawful, threatening, abusive, libelous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
- Submit any Posting that contains any viruses and/or other code that has contaminating or destructive elements.
- Submit any Posting containing any form of advertising (with the sole exception of Clients / Employers posting job vacancies)
- Impersonate, or misrepresent an affiliation with, any person or entity.
- Download any file posted by another user of a User Content Page that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the User Content Pages.
- Violate any code of conduct or other guidelines which may be applicable for any particular User Content Page.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
With regard to any publicly accessible Postings – specifically excluding any private communications between Job.com, Clients / Employers and Job Seekers – you agree that, by submitting such Posting, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Posting (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author of, such Posting.
We reserve the right, but do not assume the obligation, to review all activity and materials related to the User Content Pages and to stop activity and remove any materials at any time, for any reason, without notice to you. We also reserve the right to terminate your access to any or all of the User Content Pages at any time without notice for any reason whatsoever.
Further, we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in our sole discretion. We shall not be liable to you for any loss you may incur as a result of our taking any action relating to removal, editing or disclosure to regulatory bodies or law enforcement, nor for the actions or inactions of other users, including anything contained in your or any third party’s contributions to the Platform. You agree to indemnify us for any cost, expenses, damages or liabilities we incur due to your use of the Platform or otherwise relating to any of your contributions.
Always use caution when giving out any personally identifying information about yourself or your children on any User Content Pages. We do not control or endorse the content, messages or information found on any User Content Pages and, therefore, specifically disclaim any liability with regard to the User Content Pages and any actions resulting from your participation in any User Content Pages. Managers and hosts are not authorized Job.com spokespersons, and their views do not necessarily reflect ours.
Postings may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
We do not control the information provided by other users which is made available through the User Content Pages. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Platform. Please note that there are also risks of dealing with people acting under false pretense.
Complaints about the content of any Posting or purported misuse of the User Content Pages must be sent to firstname.lastname@example.org and must contain details of the specific Posting or misuse giving rise to the complaint.
The Platform will include links to external sites, which may include links to third party offers, promotions or job listings, such as those discussed above in the Job Ads section. We include such links for your convenience, to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites, the privacy policies of these sites, or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators or promoters.
THIRD PARTY INTEGRATIONS
We may provide links to third party integrations. Third party integrations are websites or platforms that synchronize with our Platform to provide you with additional functionality, tools, or services.
You acknowledge and agree that we are not responsible for the availability of such sites or resources and do not endorse and are not responsible or liable for any content, advertising, goods, services or other materials on, available through, or provided by such sites or resources.
We are not responsible for the privacy or other practices of such sites and cannot guarantee the security of any personal information that you provide to such sites or that such sites collect. We encourage you to review the privacy policies and terms and conditions on those linked sites.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701- 2711)
We make no guaranty regarding the confidentiality or privacy of any communication or information transmitted on the Platform or any website linked to the Platform. We will not be liable for the privacy of the information, e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content transmitted over networks accessed by the Platform, or otherwise connected with your use of the Platform.
SERVICE SUSPENSION AND TERMINATION
We may, from time to time, with or without prior notice, temporarily suspend the operation of the Platform or any service we offer on the Platform (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.
We may also suspend or terminate any service if we need to do so in order to comply with legal or regulatory requirements
We may, with or without prior notice, suspend or terminate your account, the Platform and any services we offer through the Platform if you have breached any of these Terms
You may close your account at any time by selecting ‘Account Settings’ and clicking ‘Close Account’. Thereafter, we will retain certain information you have submitted to us as required for our records. In accordance with applicable law and/or our internal policies, we will, upon receipt of a verifiable written request, remove from your account certain information you have provided
CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed upon;
- identification of the copyrighted work claimed to have been infringed upon (or if multiple copyrighted works located on the Platform are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Platform;
- the name, address, telephone number, and e-mail address (if available) of the complaining party;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Platform should be sent to Customer Services, Job.com, 108 Wild Basin Road Suite 250, Austin, TX 78746,
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
You represent and warrant that you have the legal right, power and authority to agree to the Terms on behalf of yourself and any other individual or entity on whose behalf you are using the Platform. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) and that you have formed, executed, entered into, and accepted the terms of and otherwise authenticated the Terms and acknowledged and agreed that the Terms are an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and, as such, are completely valid, have legal effect, are enforceable, and are binding on, and nonrefutable by, you and the member, buyer or supplier on whose behalf you are acting.
The following general terms apply to you and your use of the Platform:
These Terms shall be governed the laws of the State of Texas, as if entered into and to be wholly performed in Texas and without regard to Texas conflicts of law principles. Any claim or suit arising out of or relating to these Terms may be brought and maintained only in a court of competent jurisdiction in Austin, Texas, with each party hereby voluntarily submitting to the personal jurisdiction thereof and you agree that any dispute between you and us regarding them or the Platform will only be dealt with by the Texas courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Platform.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
Unless otherwise specified herein or agreed to by the user, these Terms constitute the entire agreement between you and us with respect to the Platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Platform. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
LIMITATION OF LIABILITY
The Platform and the materials located on or through the Platform are provided by us for informational purposes only, with the understanding that we are not, by the provision of these materials, engaged in the rendering of legal, financial, or other professional advice or services.
We make no representation or warranty as to the accuracy, completeness or timeliness of the information or materials. The information and material on this Platform should not be relied upon or used as a basis for making significant decisions without consulting primary or more accurate, more complete, or timelier sources of information.
ANY RELIANCE ON THE INFORMATION OR MATERIAL ON THIS PLATFORM IS AT YOUR OWN RISK. ADVICE RECEIVED VIA THE PLATFORM SHOULD NOT BE RELIED UPON FOR PERSONAL, PROFESSIONAL, CAREER, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PLATFORM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE PLATFORM AT ANY TIME.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, OR COMPATIBILITY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PLATFORM, WITH THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES OR OTHER COMMUNICATIONS YOU SEND US, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND AS A RESULT THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.
To the fullest extent permitted under applicable law, you agree to indemnify, defend and hold harmless Job.com and its affiliates, and their owners, partners, franchisees, subsidiaries, officers, each of such person’s or entity’s directors, employees, contactors, agents, licensors, and suppliers (collectively, the “Indemnified Parties”) from and against any and all allegations, demands, claims, liabilities, damages, fines, losses, expenses, penalties or costs of whatsoever nature, including reasonable attorneys’ fees and court costs, and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (“Claims”) arising or resulting in any way from any violation of these Terms, the services or products provided to you as part of the Platform, or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of the Indemnified Parties or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws.
Without limiting the foregoing, if you cause a technical disruption of the Platform or the systems transmitting the Platform to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with the Terms, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Please submit any questions you have about these Terms or any problems concerning the Platform to us by email at email@example.com or mail at:
Customer Services, Job.com, 108 Wild Basin Road Suite 250, Austin, , TX 78746
As used in these Terms, the following terms mean the following:
Clients or Employers – Organizations utilizing the Platform to search for Job Seekers to fill employment vacancies.
Job Ads – Employment opportunities and other job-related content presented to Job Seekers and Candidates on the Platform by third parties (i.e., not by Job.com)
Job Seekers or Candidates – Individuals who use the Platform to search for jobs
Platform – www.fullhires.com and any other websites, applications, features, technologies, or other services offered by Job.com or its affiliates.
Recruitment Contract – The agreement setting forth the Recruitment Fee that will be paid to Job.com by Client / Employer at the time a Job Seeker is hired
Recruitment Fee – The amount paid by Client / Employer to Job.com at the time a Job Seeker is hired, as specified in the Recruitment Contract.