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
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.
Your use of the Platform is subject to our Privacy
policies and practices regarding the collection, use, and disclosure of personal
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
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
REGISTERING AN ACCOUNT
To use the Platform you will need to register an account. In order to register
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
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
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
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.
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
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
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
- 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
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
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
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
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
For the Platform to operate as intended we also require the Client / Employer to
enable session cookies (enabling permanent cookies is also recommended) and
CLIENT / EMPLOYER USE OF
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
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
DEALINGS WITH JOB
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
CHANGES TO CONTENT AND
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
For information about our collection and processing of 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
- 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
- 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
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.
ACT NOTICE (18 USC 2701-
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
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
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
- 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
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
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
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
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
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
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
Platform – www.job.com and any other websites, applications,
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.