PART I. TERMS OF SERVICE REGARDING OUR Employer’s directory and chat website https://jobbinghood.com/jobseekers
1. Nature of the Service
General: The Service allows Users to access certain information or other content (which may include data, text, photos or other materials or content) related to real-time voice, video and text chat, and certain data or other information associated therewith, or related topics.
Third Party Systems: In order to utilize certain functionality provided by the Service, User may need to authorize the Service to access information in User’s accounts on relevant third party systems. This is often accomplished using APIs made available by those third party systems or other mechanisms. User represents and warrants to Jobbinghood LLC that it shall only authorize such access for accounts it controls, and only to the extent permitted by the relevant system providers. User acknowledges that the Service, including certain analyses or other information provided thereby, may depend on access to such third party systems and relevant information therein in order to continue to function as intended, and that any discrepancies or changes in the above-referenced APIs, authorizations or permitted access can negatively impact the Service and its output. Jobbinghood LLC makes no representation, warranty or endorsement regarding any third party system with which the Service may interact, and shall not be liable or responsible therefore in any way.
Children: The Service is intended for business use for the purpose of facilitating the finding of work and or talent, therefore we consider content to be safe for all ages. However, we ask parents or guardians to oversee the use of this system by any minors as defined in your country’s particular laws, especially those regarding the legal age to work. If you are not in the legal age to work, you are not allowed to sign up or use our system. The Service does not knowingly collect personal information from children or minors as defined in the laws of the United States .
Third Party Users: You may permit your third-party customers or end users (“Third Party Users”) to access certain functionality of the Service, subject to applicable restrictions or limitations set forth herein, provided that: (i) all acts and omissions of Third Party Users shall be deemed to be your acts and omissions, and you shall be responsible for such acts and omissions; and (ii) each such Third Party User (A) is permitted to access the Service solely for his or her own personal use, and (B) has agreed in writing to be bound by the restrictions and other limitations set forth in this Agreement. You shall maintain written records relating to such access (including written agreements with Third Party Users) and make such records available to Jobbinghood LLC upon written request.
2. Registration
In order to use certain parts of the Service, you may be required to provide us with your first name, last name, title, name of organization, and other contact information, create a password and register with us. To the extent you are using the Service on behalf of an organization, you may need to also provide us with information in order to confirm, or permit us to confirm, any relationship between you and such organization. We may also request additional information from you. You represent and warrant to us that you will provide us with accurate, current and complete registration information. You are responsible for your registration, and for all use of the Service using any User credentials or passwords issued to you or chosen by you. You will keep all such credentials and passwords confidential.
3. Fees and Orders
General Payment Terms: The Service, or certain features of the Service, may be available only if certain subscription fees or other fees (collectively, “Fees”) are paid by you, or for your benefit (e.g., we may permit a third party to pay certain Fees for your benefit). If you purchase any subscription plan for the Service or certain features of the Service, you must pay any applicable Fees. Unless we separately agree with you to receive payment by another means, you will provide us (or our designated third-party payment provider) with accurate and valid credit card or other payment information and update your credit card or other payment information in the event any information provided becomes invalid or incomplete. If any charge is rejected by our bank or payment providers, you are still liable to pay the Fees. We reserve the right to accept, refuse or cancel any orders placed through the Service, without liability or justification. We will refund you in case your order was cancelled by us after your credit card or other payment method has been charged.
Subscription Plans: We offer paid subscription plans that allow you to access additional or exclusive features or content made available through the Service. If you purchase a subscription plan, your subscription will continue in effect and renew on a recurring basis, monthly or annually, unless and until you cancel your subscription. If you provide a credit card or other payment method accepted by Jobbinghood LLC and sign up for a monthly or annual paid subscription through the Service, you are expressly agreeing that Jobbinghood LLC (or our designated third-party payment provider) is authorized to charge your payment method for the applicable subscription fee (plus any applicable taxes) on a recurring monthly or annual basis, as applicable. Jobbinghood LLC reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next billing period following the date of the change. If Jobbinghood LLC changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes. If you purchase a subscription from us with promotional pricing, it will renew at non-promotional pricing unless you cancel your subscription prior to renewal (as may also be explained in more detail at the time of your purchase at the promotion pricing).
Cancellation of Auto-Renew Subscription Plans: You must cancel your subscription at least three (3) days before your next renewal date in order to avoid the next billing (subscription) period. You may cancel your subscription by logging into your account on the Service and cancelling it there (if such functionality is provided therein), or you may send us written notice of cancellation to info@Jobbinghood LLC.com specifying that you would like to cancel your subscription for the Service. If you cancel your subscription, the cancellation will be effective upon your receipt of confirmation from Jobbinghood LLC of the cancellation.
Free Trial: If we offer you a free trial, once your free trial period ends, we will begin billing your payment method for your periodic subscription fees (plus any applicable taxes), unless you cancel at least three (3) days prior to the end of your free trial.
4. Your Content
You retain your rights in all information or other content (which may include data, text or other materials or content) which you input or upload to the Service or authorize the Service to access in your accounts on relevant third party systems as described in Section 1.b above (collectively, “Your Content”), subject to the rights granted below and our rights in Our Property (as defined below). You hereby grant and agree to grant us a worldwide, non-exclusive, royalty-free, fully-paid, transferable license, with the right to sublicense through multiple tiers, to use, reproduce, manipulate, display, transmit and distribute Your Content solely in connection with the Service, and improving and developing the Service. In addition, you agree that Jobbinghood LLC may analyze Your Content, and similar information or other content of other Jobbinghood LLC customers, to create aggregated or anonymized statistics or data that do not identify User or any individual, and Jobbinghood LLC may during and after the term of this Agreement use and disclose such statistics or data in any manner in its discretion. Except as specified otherwise in this Agreement, you shall be solely responsible for providing, updating, uploading and maintaining Your Content. Jobbinghood LLC shall operate the Service in a manner that provides reasonable information security, consistent with generally accepted industry standards, for Your Content, using appropriate administrative, physical and technical safeguards.
You represent and warrant that you own all proprietary rights in Your Content or, with respect to any of Your Content you do not own, that you have the full authority and right to input, upload and/or authorize the Service to access Your Content, and to grant the licenses and rights you have granted in this Agreement, and that your inputting, uploading and/or authorization to access Your Content, and the exercise by us of the licenses and rights granted by you herein, shall not infringe any third party intellectual property or proprietary rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous, vulgar, profane or obscene, nor violate any law or other right, privilege or interest of any third party.
On termination of your account, or this Agreement, we have no obligation to return any of Your Content to you, so you should retain copies of all of Your Content.
5. Our Ownership Rights
The Service, including all aspects of the Jobbinghood LLC websites and software applications and mobile applications (including Our Property), is the property of, and owned by, Jobbinghood LLC or its licensors. All the software, algorithms, functionality, inventions, concepts, text, images, sound, music, videos, marks, logos, compilations, content and technology used to deliver the Service or otherwise embodied in, displayed through, or provided directly or indirectly (e.g., emails or other communications from us to you) via, the Service are “Our Property.” For clarity, any formats, templates, methodologies, rules, algorithms and software used to create Your Content are Our Property. Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, framing, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of Our Property is prohibited. You acknowledge that Our Property has been created, compiled, developed and maintained by us at great expense of time and money such that misappropriation or unauthorized disclosure or use of Our Property by others for commercial gain would unfairly and irreparably harm us in a manner for which damages would not be an adequate remedy, and you consent to our obtaining injunctive relief to restrain any breach or threatened breach of this Agreement, without any requirement to post bond. You may be subject to criminal or civil penalties for violation of this paragraph.
The marks JOBBINGHOOD LLC, and any associated logos, are registered or unregistered trademarks or service marks of Jobbinghood LLC or its licensors. You may not use them, or any of our other marks or logos, in any manner, including any use that is likely to cause confusion or that disparages or discredits us, without our consent; provided that, during your subscription term you may publicly reference that you are a customer of Jobbinghood LLC and the Service. The Service may also feature the trademarks, service marks, and logos of third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.
Subject to the terms and conditions herein, we grant you the non-exclusive, limited, revocable right to access and use Our Property solely to the extent necessary for you to use the Service for your own internal business purposes (or in the case of a User that is a Third Party User or other individual, for your own personal purposes) (“Permitted Purpose”), as permitted by this Agreement. We reserve all other rights. For clarity and without limiting other obligations herein, Users shall not distribute or otherwise commercialize Our Property.
6. Use of the Service
You must comply with any rules and policies about use of the Service that we publish from time to time. These rules and policies will be available on the Service. Certain features, pages or content within the Service may contain supplemental terms of use, to which you must agree in order to use the relevant features, pages or content. Subject to the terms and conditions herein, you are permitted to use the Service solely for your own Permitted Purpose (as defined above). You must not (a) create, upload or transmit Your Content if you do not have the right to do so; (b) create, upload or transmit Your Content or use the Service in any way that would violate any law or the rights of any person; (c) impersonate any person or entity, or forge or manipulate headers to disguise the origin of any of Your Content; (d) except as otherwise expressly permitted by this Agreement, harvest or otherwise collect information about others from the Service; (e) take any action that imposes or may impose an unreasonable or disproportionately large load on the Service or its infrastructure, or bypass any measures we may use to prevent or restrict access to any portion of the Service (or other accounts, networks or services connected thereto); (f) use manual or automated software, devices, or other processes to “crawl,” “scrape” or “spider” any of the Service or otherwise to copy, obtain, propagate, distribute or misappropriate any information or other content from the Service, including any of Our Property; (g) distribute or otherwise make available any information or other content obtained through the Service to any third party, except as expressly permitted herein; (h) otherwise interfere in any manner with the use or operation of the Service; or (i) use the Service in the development, directly or indirectly, of any product, software or service that offers any functionality substantially similar to, or competitive with, the Service.
Your Content must not: (i) be libelous, threatening, abusive, unlawful, illegal or encourage a criminal offense; (ii) contain material from other copyrighted works without the written consent of the owner of such copyrighted material; (iii) infringe any copyright or violate any property rights, rights of privacy or publicity, or any other rights of any third party; or (iv) contain any software viruses, malware, spyware or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
7. Feedback
If you provide to us (directly or indirectly, and by any means) any comments, feedback, suggestions, ideas, or other submissions related to the Service (collectively “Feedback”), the Feedback will be the sole property of Jobbinghood LLC. We will be entitled to use, reproduce, disclose, publish, distribute, and otherwise exploit in any manner, all Feedback, without restriction and without compensating you in any way. We have no obligation to maintain any Feedback in confidence, or to respond to any Feedback.
8. Warranty; Disclaimers; Limitations of Liability
WARRANTY AND WARRANTY DISCLAIMERS: FOR FEE-PAYING USERS, JOBBINGHOOD LLC WARRANTS THAT THE SERVICE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH ITS DOCUMENTATION DURING THE APPLICABLE SUBSCRIPTION TERM; PROVIDED THAT, USER’S SOLE REMEDY AND JOBBINGHOOD LLC’S SOLE LIABILITY OR OBLIGATION FOR A BREACH OF SUCH WARRANTY SHALL BE THAT JOBBINGHOOD LLC SHALL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY SUCH FAILURE IN ACCORDANCE WITH ITS THEN-STANDARD SUPPORT PRACTICES. FOR FREE-TRIAL OR OTHER NON-FEE-PAYING USERS, THE SERVICE IS PROVIDED “AS IS”, WITH ALL FAULTS. EXCEPT AS EXPRESSLY PROVIDED ABOVE IN THIS SECTION 8, WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (ii) THAT THE SERVICE OR OUR PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; AND (iii) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE OR OUR PROPERTY. We may pause or interrupt the Service at any time, and you should expect periodic downtime for updates to the Service. No advice or information, whether oral or written, obtained by you from us or through the Service will create any other warranty.
DISCLAIMER OF INDIRECT DAMAGES: UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM US ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR OUR PROPERTY, EVEN IF WE HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. OVERALL LIABILITY CAP: TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR OUR PROPERTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE IN THE PRIOR YEAR.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
9. Cloud Services and Third Party Services
You acknowledge that the Service is hosted by third party cloud providers, which may change from time to time (the “Cloud Providers”), and that your use of the Service is subject to any applicable restrictions or requirements imposed by the Cloud Providers. In addition, if you are a free-trial or other non-fee-paying User, without limitation of the disclaimers and limitations of liability set forth in Section 8, you acknowledge and agree that (a) the price at which we could afford to offer the Service would vary if we provided the Service other than using such cloud services; and (b) we shall not be responsible or liable to you for any act, omission or failure of any Cloud Provider.
The Service may depend upon, interact with or enable access to third parties’ information, other content, services or websites (each, a “Third Party Service”), which may in each case be accompanied by separate terms of use. Use of each Third Party Service may require that you accept additional terms of use. You must comply with the applicable terms of use when using the Third Party Service and the Service. Jobbinghood LLC does not endorse, and hereby disclaims all liability or responsibility to you or any other person for, any Third Party Services.
10. Indemnity
You will indemnify and hold us, and our licensors, providers and agents, harmless against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs and expenses (including attorneys’ fees) (collectively, “Liabilities”) arising out of or related to your (or any Third Party User’s) breach of this Agreement or your (or any Third Party User’s) use of the Service (but excluding any Liabilities to the extent caused by our gross negligence or willful misconduct). We reserve the right to assume the sole control of the defense and settlement of any third party claim, action, suit or proceeding for which you are obliged to indemnify us. You will cooperate with us with respect to such defense and settlement.
Without limitation of the foregoing, if we receive a subpoena or similar requirement to disclose Your Content issued by any court or governmental authority, and we are not a party to the proceeding in question, you will reimburse us for our reasonable costs and expenses of complying with such subpoena, including time spent by our personnel and our attorneys at time and materials rates.
11. Suspension and Termination
You may terminate this Agreement at any time by closing your account and ceasing to use the Service. We reserve the right to suspend your account and/or access to the Service at any time if we believe you are in breach of this Agreement. We reserve the right to terminate this Agreement or to cease to offer the Service at any time on written notice to you (including by email to registered Users or posting on our website), for any reason or no reason; provided that, if we terminate this Agreement for convenience (and not, without limitation, for your breach) and you are a fee-paying User, we will refund to you a pro rata portion of your previously paid subscription fee associated with the then-remaining term of your terminated subscription.
If your account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Service, (c) that the license and rights provided by us under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of Your Content, and (e) that we shall not be liable to you, or any third party, for compensation, reimbursement, or damages for termination of access to your account. Any accrued obligations and remedies hereunder, and any other provisions that by their nature should reasonably survive, shall survive the termination or expiration of this Agreement.
12. Modification of Service and Agreement
We reserve the right to modify the Service at any time, without notice to you. We may also from time to time amend this Agreement prospectively. If we do so, we will notify you by email (for registered Users) and posting on our website. You agree that your continued use of the Service constitutes your agreement to the amended Agreement. If you do not agree to any amended Agreement that we publish, you must terminate your account and cease using the Service. Except as set forth above, this Agreement may be amended or modified only by an express writing signed by Jobbinghood LLC.
13. Governing Law and Disputes
Choice of Law: This Agreement and any dispute arising out of or related to this Agreement shall be governed by and interpreted and construed in accordance with the laws of the State of Delaware, USA, without regard to any conflict of law principles that would apply another law. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby excluded.
Default Approach for Disputes: Except to the extent a User dispute is covered by Section 13.c below, User hereby consents to jurisdiction and venue in any federal or state court located within the State of Florida, USA, and User shall not bring any suit, claim or other cause of action except in a court located within the State of Florida, USA.
Approach for Disputes with Certain Customers: (I) This Section 13.c applies to User disputes to the extent that either (a) User’s principal place of business, or jurisdiction of incorporation/formation, is outside the United States in a country that is a signatory or ‘Contracting State’ to The New York Arbitration Convention on the Recognition and Enforcement of Foreign Arbitral Awards (see http://www.newyorkconvention.org/countries), or (b) Jobbinghood LLC opts, in its sole discretion, for the dispute to be covered by this Section 13.c. (II) Jobbinghood LLC (and its affiliates) and User hereby consent to resolve any applicable dispute arising out of or related to this Agreement by submission of such dispute to binding and final arbitration in accordance with the Rules of Arbitration (the “Rules”) of the International Chamber of Commerce, by an arbitral tribunal composed of one or more arbitrators appointed in accordance with the Rules. Arbitration proceedings may be commenced by either party by providing written notice to the other party. All arbitration proceedings will be held in Orlando, Florida, USA (provided that proceedings may be conducted at another location or by telephone conference call with the consent of the parties and the arbitrator(s)). All arbitration proceedings will be conducted in the English language. The arbitrator(s) may render early or summary disposition of some or all issues, after the parties have had a reasonable opportunity to make submissions on these issues. The parties agree that the arbitrator(s) will be empowered to grant injunctive or other equitable relief, but will have no authority to award punitive damages. The above obligation to arbitrate shall extend to any claim by or against any affiliate, agent, officer, employee, director, manager, member or shareholder of a party. (III) Notwithstanding clause II above, (a) either party may initiate litigation in any court of competent jurisdiction seeking any preliminary or temporary remedy in equity, including the issuance of a preliminary or temporary injunction; and (b) judgment on the arbitration award granted in any arbitration hereunder may be entered in, and the parties shall have the right to seek enforcement thereof by, any court of competent jurisdiction (and any additional expenses incurred in enforcing the arbitration award will be charged against the party that resists its enforcement); and (c) the parties hereby consent to the non-exclusive jurisdiction of any federal or state court located in State of Florida, USA, and waive any objections of improper venue or inconvenient forum, in connection with clauses (III)(a) or (III)(b) above.
14. Force Majeure
In no event will we be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside our reasonable control.
15. Compliance with Laws
You will comply with all laws and regulations applicable to your activities under or in connection with this Agreement, including without limitation United States export control laws, regulations and executive orders. In addition:
You represent and warrant that you are not engaged in development of defense articles, the provision of defense services, or any activities prohibited by U.S. export control regulation, including the development of nuclear facilities not licensed by the U.S. Government; chemical, biological, or nuclear weapons; rocket, missile or unmanned aircraft systems, or terrorist activities, and further that you will not permit or facilitate the use of the Service by any person or entity engaged in such activities; You represent and warrant that you are not a resident of or an entity organized under the laws of Cuba, Crimea, Iran, North Korea or Syria, and that you will not facilitate or permit the use of the Service in Cuba, Crimea, Iran, North Korea, or Syria, or any other location prohibited by U.S. law; and You represent and warrant that you are not, and are not owned or controlled by, a person or entity that is the subject of any sanctions administered or enforced by any relevant sanctions authority, including the Office of Foreign Assets Control of the U.S. Department of Treasury, nor will you permit or facilitate the use of the Service by any such person or entity.
16. Geography
We are based in the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
17. Miscellaneous Provisions
No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein. No waiver will be binding on us unless made in an express writing signed by us. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between us and you regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. Your registration, this Agreement and your rights and obligations hereunder are not assignable, or otherwise transferable or delegable, by you to any third party without our prior written consent in our sole discretion. Any purported assignment, transfer or delegation without such consent will be null and void. We may assign or otherwise transfer or delegate this Agreement (including any rights or obligations hereunder), including to any purchaser of our business, from time-to-time in our sole discretion. This Agreement will be binding upon and inure to the benefit of the parties’ successors and permitted assigns. This Agreement may be executed electronically, and your electronic assent or use of the Service shall constitute execution of this Agreement. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes. As used herein and unless the intent is expressly otherwise in a specific instance, the terms “include,” “includes” or “including” shall not be limiting and “or” shall not be exclusive. Any section headings herein are for convenience only and do not form a part of, and will not be used in the interpretation of, the substantive provisions of this Agreement. You agree that email to your email address on record will constitute formal notice under this Agreement. There shall be no third party beneficiaries to this Agreement.
PART II. TERMS OF SERVICE REGARDING OUR JOB POSTING SITE at https://jobbinghood.com/jobs
Effective Date: August 1, 2020
1. ACCEPTANCE
We encourage you to read these Terms of Service (the “Terms”). This is a legally binding contract, even if you are just browsing through jobbinghood.com (the “Site”) without registering an account or contacting us. The term “you” refers to all Site visitors and users. Our Privacy Policy [https://jobbinghood.com/privacy-policy/] also governs your use of the Site. If you do not agree to accept these Terms or the Privacy Policy, please refrain from using the Site. Note that we may revise the aforementioned documents whenever we feel it is appropriate, sometimes without prior notification. If you continue visiting our Site after we have published the revised versions, this constitutes your acceptance of the changes. If you do not agree with any changes, please refrain from using the Site.
Agreeing to the Terms have effect with all Jobbinghood entities, meaning all jobbinghood websites around the world which can be recognized by the domain name.
All references to “Jobbinghood” or “we” in the Terms are made to the entities above.
2. VENUE
a) Neutral Venue. The Site allows companies to post jobs for any positions they need filled and it allows employers to register and list their companies in our digital directory. OUR SITE IS A NEUTRAL VENUE. WE DISCLAIM ALL LIABILITY ARISING OUT OF USERS’ LISTINGS, INTERACTIONS AND TRANSACTIONS. WE DO NOT ENDORSE ANY PARTICULAR EMPLOYER OR ANY OTHER SITE USER, AND DO NOT GUARANTEE THAT ANY USER WILL PERFORM THEIR OBLIGATIONS SATISFACTORILY.
b) Third Party Content. A lot of the Site content (e.g., job listings, resumes, reviews, employer listings, etc.) is provided by third parties. We also use third party services to support our Site. Such third parties are not owned or controlled by us. We assume no responsibility for, the content, privacy policies, or practices of any third party content. In addition, our Site will not and cannot censor or edit the content of any third-party website. You acknowledge that we will not be liable for any and all claims, demands and damages of any kind and nature arising out of or in any way connected from any and all potential liabilities arising from the use of any third-party network or content. We cannot guarantee the availability or performance of any third party services used to support the Site. Such third party services may change their operations without notice to us. Therefore, we shall not be liable for any outages, version changes, delivery delays, failures, bugs, or termination of third party network service. Third party networks have their own terms of use, and you must comply with any terms of use provided by any third party network.
3. INTELLECTUAL PROPERTY
a) Our IP. All Site contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected by international trademark, copyright, privacy, and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Site for personal use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or remove any content submitted by users. We take no responsibility and assume no liability for any content posted by users or any third party.
b) Copyright Infringement Claims. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. You agree that you will not use our Site to infringe anyone’s intellectual property rights. We will investigate copyright infringement claims if they are reported to us.
4. WEBSITE RULES
Those using this website for the purpose of posting employment opportunities shall abide by all local, state, and federal laws with regard to hiring and employment. Such users shall be prohibited from posting any franchise, pyramid scheme, “club membership,” distributorship, or sales representative agency arrangement or other opportunity that requires an up-front or periodic payment or recruitment of other members, sub-distributors or sub-agents.
Users shall exercise both common sense and courtesy when posting information and shall not use this site to transmit defamatory, disparaging, obscene or offensive materials or communications.
Users are not allowed to upload or distribute any information subject to trademark, copyright, or other proprietary rights except with the express consent of the owner of the rights. Posted information will not be treated as confidential. This website is not to be accessed to conduct any activities that may be illegal. For example to encourage software infringement, spreading of computer viruses, breaking into private computer forums, gambling, or other crimes. Any communication, job ads, messages, information, advertisements, chats, emails, audios, text, videos or any other multimedia form that includes Bigotry, Intolerance or prejudice, especially religious or racial is strictly prohibited.
By using this Site, you represent, warrant and agree that:
a) If you are a job seeker, you are old enough to seek employment according to the Laws of the United States or the country you are accessing this website and that you are hereby being informed about the Wages and the Fair Labor Standards Act . If you would like more information about labor laws and practices you may visit the US Department of Labor website
b) If you are an employer, you are of legal age to engage in business transactions and that you are hereby being informed about the Wages and the Fair Labor Standards Act . If you would like more information about labor laws and practices you may visit the US Department of Labor website
c) You will only use the Site for legal purposes, and you will remain responsible for complying with all laws and regulations applicable to your use of the Site.
d) You will only post truthful listings and reviews.
e) You will perform all obligations undertaken when working on a job or hiring someone via our Site.
f) You will provide a valid payment method information when necessary and pay all sums due when due.
g) It is your sole responsibility to ensure that the service providers or the employers are licensed, certified, insured, bonded to the extent that your assignments require.
h) You will not create duplicate accounts, and you will not share your account with anyone. You are solely responsible for all activity that occurs under your account.
i) Our Site may contain typographical errors or other inaccuracies
.
j) Our Site content may be copied for republication, either online or on paper, with our prior express written permission. However, you can share Site content via built-in social sharing buttons without asking.
k) Please do not submit unsolicited bulk or commercial messages (“spam”) to our Site, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or another resource.
l) We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
m) You may not use any web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic process to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content.
n) Please do not interfere with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that violates another party’s rights of privacy and publicity.
5. REMEDIES FOR BREACH OF THESE TERMS
a) We may take any action that we deem necessary or appropriate if we believe that any user violates the Terms of Service, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody’s personal safety or uses offensive language. We may:
disclose user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right,
block user’s IP address, notify user’s Internet Service Provider, suspend or terminate any account on our Site moderate any content submitted to us,
take any other action provided for in these Terms of Service or available under equity or law.
b) Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
a) THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED “AS IS.” YOU MUST NOT RELY ON ANY INFORMATION PUBLISHED ON OR LINKED TO THIS SITE WITHOUT FIRST MAKING YOUR OWN ENQUIRIES TO VERIFY IT IS ACCURATE, CURRENT AND COMPLETE. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, ARISING OUT OF OPERATION OF LAW, COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; SAFETY; QUALITY; FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED; UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE USE OF THIS SITE; OR ACCURACY, CURRENCY, RELIABILITY, COMPLETENESS OR APPROPRIATENESS RELATING TO THE CONTENT OF THIS SITE.
b) WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE REFERRAL FEES RECEIVED. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. INDEMNIFICATION
You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
your use of and access to the Site;
your violation of any provision of these Terms;
your violation of any third party right, including without limitation any copyright, property, or privacy right;
or any claim that one of your user submissions caused damage to a third party.
8. GOVERNING LAW & JURISDICTION
These Terms and any action related thereto will be governed by the laws of the United States of America. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by courts located in Delaware, USA.
9. GENERAL
a) Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site (“Communications”), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
b) Relationship of the Parties. You and us are independent contractors to each other. There is no joint venture, partnership or employment relationship between us and any Site user.
c) Assignment. We may transfer, assign or subcontract the rights, interests or obligations under these Terms, at our sole discretion, without obtaining your consent.
d) Hyperlinks. You may link to our Site, as long as this is done in a fair way that does not negatively affect our reputation or business and does not suggest any form of association where there is none. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking to terminate immediately.
e) Severability. Should any part of these Terms of Service be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Service should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
f) No Waiver. Enforcement of these Terms of Service is solely in our discretion, and failure to enforce the Terms of Service in some instances does not constitute a waiver of our right to enforce them in other instances.
g) Prevailing Language. In the event of any discrepancy between the English original version of these Terms and any foreign language translation, the English version prevails.
10. CONTACT US
Please submit your inquiries here
11. Jobbinghood Employer Account Terms
11.1. The product
These Jobbinghood Employer Account Terms (“JEA Terms”) are part of the Terms. By posting a job advertisement on Jobbinghood for payment or free, whether either directly or via an XML feed, you agree that you are solely responsible for content and target URLs.
11.2. Billing & Refund Policy
Charges will be made according to the package chosen at the time of posting a job. All prices are exclusive of all taxes, including VAT. All withholding tax remittances to the government are your sole responsibility and Jobbinghood shall have no liability whatsoever therefore.
Invoices may be provided to you via electronic mail.
If a package is a monthly one, Jobbinghood’s Billing cycle is a calendar month. Your billing cycle begins on the date your Job Ad and payment method were placed and paid for and as it is shown on your receipt.
You may cancel or delete any job ad by using your account’s dashboard. You may cancel your subscription at any time. If you have any questions or need help cancelling you account please send us a message for help.
If you choose currency other than US Dollars, when registering your account, the payments will be processed according to the exchange rate of your currency to US Dollars valid at the moment of transaction. This also means, that the amount charged from your card may differ slightly from the amount you have entered on debit accounts or the amount of your spending on credit accounts.
Once a job has been posted, there is no refund for the posting. However, we reserve the right to determine, in our sole discretion, whether a reasonable basis exists to issue a refund of the fees we received from you upon your request.