Last updated December 16, 2022
AfterCollege, Inc. dba Recruitology ("Recruitology”, “we” or the “Company”) operates the website www.recruitology.com and has built a platform, technology, and web pages (the “Platform”) that connect people seeking employment with employers and companies that are hiring. The Platform may appear to you as a:
The Agreement explains the terms and conditions by which you may use and/or access the Platform and our products and services (collectively, the “Services”). Individual users can use the Services to (i) search for jobs, (ii) apply for jobs, (iii) receive job alert emails or text messages, where such features are available to you, (iv) register and attend virtual career fairs or hiring events, and (v) include your resume and other applicable information in the Resume Database (as defined herein), while providers of job advertisements can use the Services to (i) search for prospective employees or candidates, (ii) view resumes, profiles, or curriculum vitae, (iii) promote their company more extensively through the products and technologies of the Platform, and/or (iv) post and/or distribute job advertisements on behalf of yourself and/or a third party.
You can click the links below to navigate to specific sections of these terms and conditions (the “Agreement”), but we recommend you read this Agreement completely before using the Platform and Services.
PLEASE REVIEW SECTION 14, TITLED “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” CAREFULLY. UNLESS YOU OPT OUT OF ARBITRATION AS PROVIDED BELOW, THIS AGREEMENT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US, NO MATTER WHEN ARISING OR ASSERTED, THROUGH BINDING INDIVIDUAL ARBITRATION (WITH LIMITED EXCEPTIONS). YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Any reference to “you” in this Agreement includes all users of the Services. If you use the Platform on behalf of an employer, organization, agency, institution, or other entity, then “you” includes you and that entity, and 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.
Phone and SMS Communications. 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. These messages may include those made to a wireless number using an automatic telephone dialing system or an artificial or prerecorded voice, from the Platform, us, our affiliates, and our partners. You may revoke consent to be contacted by telephone emailing us at [email protected]. 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.
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 true, current, accurate, and complete information.
We are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services. We enable these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
General Rules for Use of Services. You agree that you will: (i) comply with all applicable laws in your use of the Services; (ii) use the Services in a professional manner; (iii) provide accurate and truthful information in your use of the Services. You agree you will not 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) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (iii) uploading invalid data, viruses, worms, or other software agents through the Services; (iv) collecting or harvesting any personally identifiable information from the Services, except as expressly permitted by certain features of the Services; (vi) using the Services for any commercial solicitation purposes; (v) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (vii) disclosing or sharing login credentials; (viii) reverse engineering or decompiling any parts of the Services; or (ix) post or submit any material that is unlawful, illegal, defamatory, offensive, discriminatory, threatening, or obscene as determined by us.
Support. If you have questions about the Services or your Account, please email us at [email protected].
User Content. The Services may allow you to post and/or provide content that may be viewable by others, 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.
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 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.
Feedback. 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 hereby grant us a royalty-free, fully paid up, worldwide, transferable, sublicensable (directly or indirectly through multiple tiers), irrevocable, perpetual license to (a) copy, distribute, transmit, display, perform, and modify and create derivative works of the User Feedback in whole or in part; and (b) use the Feedback in whole or in part, including without limitation, the right to make, have made, sell, have sold, offer for sale, have offered for sale, import, have imported and/or otherwise commercialize products or services that incorporate or are configured to use the Feedback, in whole or in part.
Our Additional Rights for Client Content. 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 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.
Prohibited Conduct for User Content. You agree not to post or provide User Content (as defined below) 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 or rights of privacy of any third party. If you are a client providing or submitting job advertisements, you further agree that such content will not contain any personally identifiable information.
Restrictions and Limitations. You agree you have the rights, power and authority necessary to grant the rights described in this section to User Content and Feedback you submit, provide, make available or post, via the Services and to only provide User Content and Feedback if they do not violate the law or anyone’s rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree to only provide accurate and truthful information. We may be required by law to remove certain information or content in certain countries. We also reserve the right to remove, alter and/or edit any User Content or Feedback, or refuse to accept, post, display or transmit any User Content or Feedback in our sole discretion.
Under no circumstances will we be liable in any way for any content or materials of any third parties (including you or any other users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.
Without limiting the foregoing, we and our designees will have the right (but not the obligation) to remove any content that violates this Agreement, any law or regulation, any rights of a third party, or is deemed by us, in our sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such content.
We own all rights, title and interest in the Services, and any intellectual property rights therein and/or related thereto, including all worldwide patent, patent applications, copyrights, trade secrets, trademarks, service marks, trade names and any other intellectual property, proprietary, and database protection rights, including 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 (“Our Content”).
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.
Billing Policies. 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 presented to you by us 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. If any past due payment has not been received by use, we may, in our sole discretion, (i) suspend or terminate access to the Services until such payment is made, or (ii) charge a late fee of 1% of the outstanding amount owed each month (or the maximum amount allowed by law, if lower) that we do not receive payment.
No Refunds. 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 paid services, 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. All information that you provide in connection with a monetary transaction must be accurate, complete, and current. You agree to pay all charges incurred or approved 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. 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. 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.
Taxes. All amounts payable by you to us under this Agreement are exclusive of any sales, use, or other taxes or duties. You will be solely responsible for payment of any such taxes related to such paid transactions, except for those taxes based solely on the income of Recruitology. You may not withhold any taxes from any amounts due to us unless you provide us with an appropriate tax exemption certification or statement of exemption in a timely manner.
Sharing Your Resume/CV. You agree that if you have a user account with us or if you have provided your resume/CV to us, and/or registered/attended a virtual career fair/hiring event and/or if you have signed up for job alerts, we and our affiliates may use the information you provide to send you information about job advertisements or future virtual career fairs or hiring events that may be of interest to you. 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, registered/attended a virtual career fair/hiring event or because you have applied to a job advertisement on the Platform), you consent to our sharing your resume/CV, together with any additional information you provide to us during the application process.
SMS Consent. By applying to a job opening, subscribing to receive job alerts, or registering for a virtual career fair, you are giving your express written consent to receive recruitment-oriented text messages (including those made using an automatic telephone dialing system or an artificial or prerecorded voice) and will be given the opportunity to opt-out of future text message. If you opt-out of receiving text messages and subsequently apply to a job opening, subscribe to receive job alerts, or register for a virtual career fair, you are giving your express written consent to resume receiving text messages.
Applying for Jobs. 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 agree 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.
Account Creation. An account will automatically be created in the Platform for you if you do not already have an account when you apply to a job advertisement on the Platform, including by using the Apply Now buttons.
Resume Database. 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 specific request to [email protected] 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.
Content Rules. 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 [email protected] 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 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.
Authorized Users. 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 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:
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 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.
Job Seekers. 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.
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
Email: [email protected]
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):
Attn: DMCA Agent
8000 Jarvis Ave
Newark, CA 94560
Email: [email protected]
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).
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.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold us, our affiliates, 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. We shall provide notice to you promptly of any such claim, suit or proceeding, and we will have the right to participate in the defense of any such claim at our expense.
THE PARTIES ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS AND USE OF THE SERVICES, AND INTERRUPTIONS, CRASHES AND DOWNTIME MAY OCCUR FROM TIME TO TIME. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RECRUITOLOGY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
TO THE FULLEST EXTENT POSSIBLE BY LAW, RECRUITOLOGY DOES NOT WARRANT THAT ANY SERVICES WILL OPERATE ERROR-FREE OR THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, RECRUITOLOGY IS NOT RESPONSIBLE FOR THOSE COSTS.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY AN EMPLOYER 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 AN EMPLOYER OR THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES.
CERTAIN JURISDICTIONS LIMIT THE ABILITY OF COMPANIES TO MAKE DISCLAIMERS. THE ABOVE DISCLAIMERS ARE INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER SUCH LAWS. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER SUCH LAWS, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RECRUITOLOGY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL RECRUITOLOGY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. FURTHER. TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL RECRUITOLOGY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SERVICE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RECRUITOLOGY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES, UNLESS YOU ENGAGE IN BINDING ARBITRATION AS SET FORTH BELOW. YOUR RECOVERY FOR ANY DAMAGES THAT OCCUR AS A RESULT OF YOUR USE OF ANY SERVICES PROVIDED BY US WILL BE LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU ACTUALLY PAID FOR SUCH SERVICES DURING THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH DAMAGES, OR (B) $100. THIS RECOVERY FOR DAMAGES IS CUMULATIVE AND NOT PER INCIDENT.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF RECRUITOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND THE FOREGOING SHALL NOT APPLY TO CERTAIN STATES’ RESIDENTS TO THE EXTENT ANY DAMAGES ARE CAUSED BY OUR NEGLIGENT, FRAUDULENT, OR RECKLESS ACTS.
PLEASE READ THIS “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT FILED IN COURT.
A dispute might arise between you and the Company. If that happens, the Company is committed to working with you to reach a reasonable resolution. For any issue or dispute that arises between you and the Company, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This includes first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your account to the following email address: [email protected]. For any dispute that the Company initiates, we will send our written description of the dispute to the email address associated with your registration. The written description must be on an individual basis and provide at least the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought.
You and the Company then agree to negotiate in good faith about the dispute through an informal telephonic dispute resolution conference. The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If either party is represented by counsel, that party's counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. If the dispute is not resolved satisfactorily through this informal process within sixty (60) days after receipt of the written description of the dispute, you and the Company agree to the further dispute resolution provisions below.
The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal dispute resolution process. Failure to engage in this process could result in the award of fees against you in arbitration.
You and the Company agree that all claims, disputes, or disagreements that may arise out of the interpretation or performance of these Terms (including their formation, performance, and breach) or payments by or to the Company, or that in any way relate to the provision or use of the Services, your relationship with the Company, or any other dispute with the Company, shall be resolved exclusively through binding arbitration in accordance with this Section 14. This includes claims that arose, were asserted, or involve facts occurring before the existence of this or any prior Agreement as well as claims that may arise after the termination of this Agreement. This Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects, and evidences a transaction involving interstate commerce. You and the Company expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.
Except as set forth in this Section 14(b), the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and this Agreement, including, but not limited to any claim that all or any part thereof are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.
Notwithstanding the parties' decision to resolve all disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction; (ii) bring an action in state or federal court to protect its intellectual property rights (‘intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party's claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party's right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.
You and the Company agree to submit to the personal jurisdiction of any federal or state court in Suffolk County, Massachusetts, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
Except as set forth in Section 14(c) below, if any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.
THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU AND THE COMPAN ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT IN SECTION 16(g) BELOW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, JOINT, COLLECTIVE OR CONSOLIDATED BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS CLAIMS AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF). EXCEPT AS SET OUT IN SECTION 16(g) BELOW, UNLESS BOTH YOU AND THE COMPANY OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT PRESIDE OVER ANY FORM OF ANY CLASS, JOINT, COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING ANY DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE PROCEEDING.
This Class Action and Collective Relief Waiver and the provisions in Section 14(g) are an essential part of this Section, and if it is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor the Company may arbitrate such claim or dispute. Notwithstanding the foregoing, if a court or arbitrator (or where applicable, JAMS) determine that either the Class Action and Collective Relief Waiver or the provisions in Section 14(g) are not enforceable as to a particular claim or request for relief and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or the Company from participating in a class-wide settlement of claims.
The arbitration will be administered by JAMS and resolved before a single arbitrator. If JAMS is not available to arbitrate, the parties will select an alternative arbitration provider, but in no event shall any arbitration be administered by the American Arbitration Association. Except as modified by this Section, JAMS will administer the arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000, in each case applying the rules and procedures in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class or representative actions. You can find the JAMS rules and procedures here at this link. The Applicable JAMS rules and procedures are available at https://www.jamsadr.com/adr-rules-procedures/ or by calling JAMS at (800) 352-5267.
Only after the parties have engaged in a good-faith effort to resolve the dispute in accordance with the Informal Dispute Resolution Procedure provision, and only if those efforts fail, then either party may initiate binding arbitration as the sole means to resolve claims. A party who desires to initiate arbitration must deliver to JAMS and the other party a demand for arbitration which satisfies the following requirements: (1) the name, telephone number, mailing address, and email address of the party seeking arbitration (if you are seeking arbitration, you must provide the email address associated with your registration); (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and a good-faith calculation of the amount in controversy (requests for injunctive relief or attorneys' fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); (4) the party's original signature; and (5) the party's portion of the applicable filing fee. If the party seeking arbitration is represented by counsel, the demand for arbitration must also include counsel's name, firm, telephone number, mailing address, email address, and original signature.
If you are initiating arbitration, hard-copy service of the demand to the Company shall be made in accordance with JAMS's rules and procedures to the following address: Recruitology, 8000 Jarvis Ave, Newark, CA 94560, Attention: General Counsel, and a copy of the same shall also be emailed to [email protected]. If the Company is initiating arbitration, it will serve a copy of the demand to the email address associated with your account, as well as in hard copy if the Company knows your mailing address.
The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. Where a party is represented by counsel, counsel's signature on the demand for arbitration or any other paper submitted to JAMS or the arbitrator constitutes a certification that such paper complies with the standard set forth in Federal Rule of Civil Procedure 11(b). The arbitrator has the right to impose sanctions in accordance with the JAMS rules and procedures for any claims or submissions the arbitrator determines to violate such standard, as well as for a party's failure to comply with the Informal Dispute Resolution Procedure contemplated by this Agreement.
Unless you and the Company otherwise agree, if you are a resident of the United States the arbitration will be conducted in the county where you reside, and if you are not a resident of the United States the arbitration shall be conducted in Suffolk County, Commonwealth of Massachusetts, United States of America. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and the Company submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.
Subject to the applicable JAMS rules and procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited, cost-efficient nature of the arbitration. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. If a party timely serves an offer of judgment under Federal Rule of Civil Procedure 68, or any other state-law equivalent, and the judgment that the other party finally obtains is not more favorable than the unaccepted offer, then the other party shall pay the costs, including filing fees, incurred after the offer was made. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and the Company, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).
To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to JAMS (or another arbitration provider selected in accordance with Section 19(d) if JAMS is unavailable) against the Company within reasonably close proximity, the arbitration provider shall (i) administer the arbitration demands in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate one arbitrator for each batch; and (iii) provide for a single filing fee due per side per batch. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable JAMS rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with the Company and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This Batch Arbitration provision shall in no way be interpreted as authorizing class arbitration of any kind. The Company does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 14(g).
The arbitrator will render an award within the time frame specified in the applicable JAMS rules and procedures. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum's rules, and this Agreement. The arbitrator's award of damages and/or other relief must be consistent with Section 14(c) above and also must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
Attorneys' fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.
Pursuant to the applicable JAMS Rules and Consumer Arbitration Minimum Standards, you will be required to pay $250 to initiate an arbitration against the Company. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require the Company to pay the portion of that fee that exceeds the cost of filing suit. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, the Company will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorneys’ fees in certain cases.
The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS's Rules where it deems appropriate (including as specified in Section 14(g)), provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section 14 while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
The updates to these Terms do not provide you with a new opportunity to opt out of arbitration if you agreed to a previous version of the Terms and did not validly opt out of arbitration. The Company will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Terms. If you register with the Company for the first time on or after December 15, 2022, you may opt out of arbitration. To opt out, you must notify the Company in writing no later than 30 days after first becoming subject to Section 14 of these Terms. Your notice must include your full name, mailing address, the email address associated with your registration, a clear statement that you want to opt out of this Mutual Arbitration Agreement, and your original signature. The notice cannot be signed by your attorney, agent, or other representative, and you may only opt out on behalf of yourself individually. You must send your opt-out notice by U.S. Postal Service certified mail to Recruitology, 8000 Jarvis Ave, Newark, CA 94560, Attention: General Counsel.
If you opt out of this Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with the Company or may enter into in the future with the Company. If you do not timely opt out of this Agreement, such action shall constitute mutual acceptance of the terms of this Agreement by you and the Company.
The Company will provide 30 days’ notice of any changes to this Section, but any such changes will not apply to any individual claim(s) of which the Company already has actual notice. If the Company changes this Section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Platform or Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may reject any such change by providing the written notice of such rejection by certified mail to: EveryJobForMe.com, 8000 Jarvis Ave, Newark, CA 94560 Attention: General Counsel, and a copy of the same shall also be emailed to [email protected] within 30 days after the date such change became effective, as indicated in the "Last Updated" date above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Section 14. If you reject changes pursuant to this paragraph and were already bound by an existing agreement to arbitrate disputes under a previous version of the Terms, then that existing arbitration agreement shall remain in full force and effect.
Governing Law. Except as otherwise specified, 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.
Assignment. You may not assign, delegate or otherwise transfer this Agreement or any of your rights or obligations under this Agreement without our prior written consent. Any such assignment, delegation or transfer in violation of the foregoing will be null and void. We may freely assign, delegate or otherwise transfer this Agreement or any of our rights and obligations under this Agreement without your consent and without notice to you.
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.
Notification Procedures. Unless otherwise set out in 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 Platform, as determined by us in our sole discretion.
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.
Confidentiality. In 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 Platform.
No Publicity. You shall not use the name or marks of, refer to, or identify us (or any related entity), in any press release, interview, promotional or marketing materials, public announcements, testimonials, or advertisements, nor otherwise communicate with third party, regarding the existence of this Agreement or the subject matter hereof, or the relationship with us without the prior written approval of our consent. Requests for consent may be sent to [email protected].
Miscellaneous. 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.
Under California Civil Code Section 1789.3, users of the Services from California are entitled to 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 (916) 445-1254 or (800) 952-5210.
Please contact us at [email protected] to report any violations of this Agreement or to ask any questions regarding this Agreement. You can also contact us at Recruitology, Attn: Customer Service, 8000 Jarvis Ave, Newark, CA 94560.