JobFindah Terms and Conditions for Usage
Last Updated: May 15, 2016
This page states the Terms and Conditions for Usage (the "Terms and Conditions") that govern the relationship between You (defined below) and JobFindah, and Your (defined below) use of (a) JobFindah Network, LLC's ("JobFindah") website (the "Website") or any other websites controlled by JobFindah Network, LLC (collectively, the "Websites"); and (b) JobFindah Services (as defined below). "You" or "Your" referred to herein shall mean the person(s) or the entity on behalf of which person(s) is using JobFindah Websites and/or Services. By accessing and using the Websites or the Services, You are indicating your acceptance to be bound by these Terms and Conditions as modified from time-to-time by JobFindah in its sole discretion. These Terms and Conditions are binding on you, and if you do not accept the Terms and Conditions stated herein, please do not use JobFindah Websites and Services.
You must be at least 18 years of age to use the Websites or JobFindah Services. You may not use the Websites or Services under any circumstances, if You are under the age of 13. If You are over the age of 13, but under the age of 18 or is a legal minor under the laws applicable to You, You may only use the JobFindah Websites or JobFindah Services with the approval of and under the direct supervision of a parent or guardian who is an adult.
3. Services; Content; Content Disclaimer
JobFindah operates Websites that, among other things, collects job seeker information and resumes, collects employer information, job postings, brand materials, shares job postings, provides recruitment advertising and various other employment and career related products and services for employers, job seekers, and employment counselors (collectively, the "JobFindah Services"). The Website is intended to help job seekers, employers and employment counselors connect with each other and, therefore, requires an exchange of information to include without limitation, profiles, resumes, job postings, hyperlinks to Your websites, advertisements, and other related media posted or provided to JobFindah by users of the Website including You (collectively, "Content"). JobFindah is neither the author nor the monitor of Content and therefore, assumes no responsibility related to the Content as to whether it is authentic, accurate, legal, safe, infringing, secure, reliable or confidential, and disclaims any opinions or representations by any third-party ("Content Disclaimer").
4. Personal Information
We advise that when submitting content You should not provide any sensitive personal information to include without limitation Your (a) Social Security number, (b) driver's license number, (c) state-issued identification card number, (d) passport information, or (e) financial account number(s), or credit or debit card number(s), with or without any required security code, access code, personal identification number or password, that would permit access to Your financial account since such personal information can be misused. You should use extreme care and judgment if asked to provide any personal information, and JobFindah shall not be liable for any damages occurring due to misuse of such information.
5. Account Creation - License Terms
If you are a Job Seeker, JobFindah hereby grants You a limited, non-transferable, revocable, and nonexclusive license to use JobFindah Services for personal employment opportunities. This license authorizes you to create your employment profile, create/upload and save resumes, apply for employment opportunities, and view and download a sole copy of the materials found on the Websites for Your personal non-commercial use. You are prohibited from selling, reproducing or using the materials for any purpose other than as intended and authorized by JobFindah.
If you are an employer, recruiter or employment counselor, upon creation of a valid account, JobFindah hereby grants you a limited, non-transferable, revocable, and nonexclusive license to use JobFindah Services. This license authorizes you to post jobs and view and download a sole copy of the materials found on the Website only for the limited purposes of seeking candidates for legitimate employment. This license may not be sold, transferred or assigned by You without JobFindah prior written consent. You are prohibited from selling, reproducing or using the materials for any purpose other than as intended and authorized by JobFindah. You shall be responsible for protecting the confidentiality of any information about the job seeker obtained by You directly from the jobseeker or from the Websites as per applicable laws. You agree not to put links to third-party websites in the Content except those which re-direct job seekers to the websites owned by You, and are necessary to enable the job seekers to apply for employment, for e.g., Your company's career webpage.
6. Acceptable Use of Websites and JobFindah Services
You agree not to use Websites to post, transmit, distribute, store or destroy any Content which a) is in violation of any applicable law or regulation; b) is false or misleading; c) is discriminatory; d) is obscene, hateful, illicit, disparaging, or defamatory; e) offensive in JobFindah's sole judgment; f) is threatening, disruptive, or abusive; g) infringes the patent, copyright, trademark, trade secret or other intellectual property rights of other; h) violates the privacy, publicity or other personal rights of others, i) is likely to harm the integrity of JobFindah, its suppliers, its licensors, or its affiliated companies; j) is for any purpose other than for seeking or providing employment and career growth opportunities; or i) may harm, in any manner, the operation of the Websites; k) includes Your sensitive personal information; or l) Violates the rights of, or harms or threatens the safety of, users of the Website.
You also agree that you shall not copy or adapt the HTML or other software code that JobFindah creates to generate its Websites. You agree not to violate or attempt to violate the security of JobFindah Websites, and not to engage in any activity that affects the normal operation of the Websites.
JobFindah also specifically prohibits you from posting or transmitting any unsolicited advertising, junk mail, spam, chain letters, promotional materials or any other form of solicitation. You specifically agree not to spam our members who’s profile, resume or other information appear on our Websites.
Any Content posted by You in violation of the aforementioned Acceptable Use of JobFindah Services may be removed by JobFindah at any time and at its sole discretion. If You reasonably believe that any Content available on the Websites potentially infringes third parties' intellectual property rights including any copyright infringement complaints, notices or counter-notices under Digital Millennium Copyright Act of 1998, please contact JobFindah at firstname.lastname@example.org or write to Legal Counsel, JobFindah Network, LLC, 300 Baker Avenue Suite 300, Concord, MA 01742, USA
7. Term and Termination
These Terms and Conditions shall be in effect so long as You remain a user of the Websites or the JobFindah Services as amended from time-to-time. Further, JobFindah in its sole discretion has the right to terminate Your account, license or restrict access to the Websites immediately and without any notice for any reason. JobFindah may at its option also terminate Your account if it remains dormant for an extended period of time. JobFindah shall not be liable to You or any third party for damages relating directly or indirectly to any such termination of Your access or license to the JobFindah Services or Websites. Upon termination, both parties' obligations under these Terms and Conditions will cease except for both parties’ respective obligations that by their very nature would survive termination of these Terms and Conditions.
JobFindah further reserves the right to take any action with respect to any third-party content that it deems, in its sole discretion, could or does create liability for JobFindah, damage JobFindah’s brand or public image, or causes JobFindah to lose, in whole or in part, the services of its customers or suppliers.
8. Third Party Links and E-mail Notifications
The Websites contain advertisements which may contain hyperlinks to websites managed by other parties. JobFindah does not endorse the advertisements or makes any representation about the truthfulness, accuracy or veracity of the advertisement or the content posted on such third-party hyperlinks. JobFindah is not responsible for viruses, accuracy and availability of these websites, and any harm resulting from accessing such hyperlinks or the use or reliance on the advertisements or content posted at such third-party website.
By creating an account or subscribing to JobFindah Services, You agree to receive email notifications from JobFindah, and occasionally from a select group of our partners. If You do not wish to receive such email notifications, You can update Your subscription profile by logging into Your user account or unsubscribing on the email itself.
9. Ownership and Violation of Intellectual Property Rights
JobFindah, its affiliates, its partners, its suppliers, and licensors, as applicable, own and shall continue to own all rights, title and interest in the Websites such as look and feel, images, text, graphics or other content except for any Content or other information posted by You or other users which shall continue to be the property of the respective users, in whatever capacity they have posted the content. You are responsible for protecting any intellectual property rights associated with the Content or other information posted by You. You agree that You shall not reproduce, distribute, sell, modify or replicate any content found on the Websites or use the Websites to infringe on the intellectual property rights of others in any manner whatsoever.
10. Disclaimer of Warranty
YOU AGREE TO USE THE WEBSITES AND THE JOBFINDAH SERVICES ENTIRELY AT YOUR OWN RISK AND PERIL AND THAT ALL JOBFINDAH SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, AND WHETHER EXPRESS OR IMPLIED, TO INCLUDE WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED. FURTHERMORE, JOBFINDAH DISCLAIMS ANY WARRANTIES OF SECURITY, RELIABILITY, TIMELINESS, ACCURACY, PERFORMANCE OF THE WEBSITES OR ANY THIRD-PARTY WEBSITE AND THAT THE JOBFINDAH SERVICES ARE PROVIDED WITHOUT ANY SERVICE LEVEL AGREEMENT OF ANY KIND OR THE OPPORTUNITY FOR SERVICE CREDITS. JOBFINDAH FURTHER DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED AND/OR POSTED ON THE WEBSITES OR ANY THIRD-PARTY WEBSITES ACCESSES THROUGH HYPERLINKS ON THE WEBSITES OR EMBEDDED ELSEWHERE IN THE USE OF THE JOBFINDAH SERVICES. JOBFINDAH DISCLAIMS ANY WARRANTIES FOR OR AGAINST ANY VIRUSES, DATA LOSS, OR OTHER HARMFUL COMPONENTS OR CONTENT IN CONNECTION WITH THE WEBSITES AND/OR THE JOBFINDAH SERVICES. THIS DISCLAIMER SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Exclusion of Damages
IN NO EVENT SHALL JOBFINDAH BE LIABLE HEREUNDER , TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS TO THE TYPE OF CLAIM, WHETHER ARISING IN TORT, STATUTE, CONTRACT OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF CONTENT OR OTHER INFORMATION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS AND CONDITIONS EVEN IF JOBFINDAH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability
IN NO EVENT SHALL JOBFINDAH'S MAXIMUM LIABILITY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOR DIRECT DAMAGES RESULTING FROM ANY CLAIM HEREUNDER, REGARDLESS TO THE TYPE OF CLAIM, WHETHER ARISING IN TORT, STATUTE, CONTRACT OR OTHERWISE, EXCEED $100 DOLLARS.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS JOBFINDAH, ITS AFFILIATES, AND EACH OF ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, SUPPLIERS, SERVICE PROVIDERS, AND LAWFUL SUCCESSORS FROM AND AGAINST ANY CLAIMS, ACTIONS, OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND OTHER PROFESSIONAL FEES, ALLEGING OR RESULTING FROM YOUR USE OF THE WEBSITES, POSTED CONTENT, JOBFINDAH SERVICES, OR YOUR BREACH OF THESE TERMS AND CONDITIONS.
14. Waiver of Jury Trial
YOU KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY CLAIM ARISING OUT OF USAGE OF JOBFINDAH WEBSITE(S), AND SERVICES.
15. Compliance; Auditing
Except for any JobFindah requirements under law, You or Your authorized third party is solely responsible for any compliance with law, governmental approval, certification or audit approval and the JobFindah Services and Websites shall not be relied upon in gaining any governmental approval, certification, compliance or audit approval.
16. General Disclaimer and Release
JobFindah will make reasonable efforts to keep its Websites current and to correct errors brought to our attention. In addition to the Content Disclaimer and Disclaimer of Warranty, JobFindah has little or no control over the quality, safety, or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates, or the ability of candidates to fill job openings. As a result, there are risks, including but not limited to the risks of dealing with strangers, foreign nationals, underage persons, or people acting under false pretenses. You must take care in communicating with potential or alleged employers and should not meet any alleged or potential employer in an unsafe location or alone until the potential or alleged employer has been independently validated by You. Accordingly, by using the JobFindah Services and Websites and responding to inquiries related thereto, You agree to assume all risks associated with dealing with other users with whom You come in contact with through information provided on the Websites and in use of the JobFindah Services. If You have a dispute with one or more users of the Websites, You agree to the extent permitted by applicable law, to release JobFindah and its affiliates (including each of their members, officers, shareholders, directors and agents) from claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with such disputes.
If any portion or provision of these Terms of Usage is held to be invalid, illegal or unenforceable, the remaining portions and provisions shall remain in full force and effect.
18. Questions; Notices
Questions concerning the use of the Websites and JobFindah Services should be directed to email@example.com . In addition, Legal notices, if any, should be sent to: Attn: Legal Counsel, JobFindah Network LLC. 300 Baker Avenue Suite 300, Concord, MA 01742. All notices to You shall be sent at the physical and/or email address available in Your account profile.