Terms and Conditions
Terms and Conditions
- Introduction. Please read this page carefully. It contains the terms and conditions (the “Terms and Conditions”) governing your access to and use of the JOBLINQ Web Sites and the Services (as each are defined below) provided by Joblinq, Inc., or one of its divisions (collectively, “JOBLINQ”). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the JOBLINQ Web Sites or Services. These Terms and Conditions are effective as of November 1, 2019.
- Binding Agreement. These Terms and Conditions (as they may be amended from time to time by JOBLINQ), together with your Advertising and Candidate Search Service Agreement (if applicable), form a binding agreement (the “Agreement”) between you and JOBLINQ. Your access to or use of the JOBLINQ Web Sites or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Sites at your own risk.
- Certain Definitions. The following definitions apply to this Agreement:
3.1 “JOBLINQ Materials” includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
3.2 “JOBLINQ Web Site” or the “Site” (collectively, the “JOBLINQ Websites” or the “Sites”) means any web site under JOBLINQ’s control, whether partial or otherwise and includes such Site’s Content, JOBLINQ Materials and Services (as applicable in each context).
3.3 “Content” means JOBLINQ’s web pages, web forms, programming (including software code used on the Sites and in the Services, including (i) tools, kits, and object libraries, (ii) all third-party or open source code embedded therein, and (iii) any upgrades, updates, releases, fixes, enhancements or modifications to the foregoing), graphics, images, design (color combinations and page layout), text, information, data, resumes stored in various commercial databases operated and licensed by JOBLINQ (including, among others, its Resume Database and Salary Calculator Database), data submitted via the Sites by Users and other content made available through the Sites by JOBLINQ.
3.5 “Document” refers to any posting to a Site, whether job or resume.
3.6 “Employer” means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.
3.7 “Employer Materials” includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.
3.9 “Job Seeker” means a User who is accessing a Site to search for a job or in any other capacity except as an Employer.
3.10 “Services” means any services provided by JOBLINQ or its agents described herein and specified more fully in the Service Activation Agreement.
3.12 “User” refers to any individual or entity that uses any aspect of the Sites.
3.13 “You” or “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
- Intellectual Property Rights and Acceptable Use of the Sites and Services.
4.1 General Use Rules. The Sites are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Sites only for lawful purposes within the stated context of JOBLINQ’s intended and acceptable use of the Sites. JOBLINQ is the sole interpreter of the Sites’ intended and acceptable use.
4.2 JOBLINQ Intellectual Property Rights. The Sites, the JOBLINQ Materials and all right, title and interest in and to the Sites and JOBLINQ Materials are the sole property of JOBLINQ or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, JOBLINQ reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or JOBLINQ Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any Services provided on the Sites other than the search engine and search agents available from JOBLINQ on such JOBLINQ Sites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the JOBLINQ Sites, without the express written consent of JOBLINQ. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The JOBLINQ Materials are not considered to be works for hire and you may duplicate such JOBLINQ Materials only for the purposes outlined in the Service Activation Agreement. “JOBLINQ,” “Personified”, the JOBLINQ design logo and certain other names or logos are service marks or trademarks of JOBLINQ, and all related product and service names, design marks and slogans are the service marks or trademarks of JOBLINQ. In addition, the “look” and “feel” of the Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by JOBLINQ’s trademarks, service marks and copyrights. Any code that JOBLINQ creates to generate or display the Content or the pages making up the Sites is also protected by JOBLINQ’s copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or JOBLINQ Materials on any authorized copy you make of the Content or JOBLINQ Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.
4.3 License to Use by Users who are Job Seekers. JOBLINQ hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Sites solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Sites is a privilege. JOBLINQ reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
4.4 License to Use by Users who are Employers. JOBLINQ hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Sites solely for your personal use directly related to searching for and recruiting job prospects. JOBLINQ also grants you a limited, terminable, non-exclusive license to use the JOBLINQ Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by JOBLINQ to any third party without the express written authorization of JOBLINQ. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. JOBLINQ reserves the right to suspend or terminate your access and use at any time if JOBLINQ determines that you are in breach of these Terms and Conditions.
4.5 Employer Materials. Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants JOBLINQ a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer’s website in connection with the Services.
4.6 Additional Terms Applicable to Employers. Employers are solely responsible for their postings on Sites. JOBLINQ is not to be considered to be an employer with respect to your use of any Site and JOBLINQ shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Site. You understand and acknowledge that if you cancel your employer account or your employer account is terminated, all your account information from JOBLINQ, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from JOBLINQ’s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through JOBLINQ’s web servers. In order to protect our Users from commercial advertising or solicitation, JOBLINQ reserves the right to restrict the number of e-mails which an employer may send to Users to a number which JOBLINQ deems appropriate in its sole discretion. You shall use the Sites in accordance with all applicable privacy and data protection laws.
4.6 Use of Aggregate Data. You understand and agree that JOBLINQ owns and has the right to collect, extract, compile, synthesize, and analyze Aggregate Data. JOBLINQ may use such Aggregate Data for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated and anonymized form so that it cannot be identifiable as relating to you, your Company or to any other Job Seekers. “Aggregate Data” means de-identified aggregated data or information regarding Job Seekers’ educational or career history (including, by way of example and not limitation, aggregate data relating to Job Seekers’ occupation, location, salary, education and experience).
4.7 Other Specific Rules Regarding Site Usage. You represent, warrant and agree that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Sites and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Sites complies with these Terms and Conditions and all applicable laws.
4.8 User Submissions. JOBLINQ welcomes your comments regarding the Services and the Sites and appreciates hearing from you. Please note, however, that JOBLINQ does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send JOBLINQ creative suggestions, ideas, drawings, concepts, inventions, or other information (a “User Submission”), you understand and agree that the User Submission shall become the property of JOBLINQ. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on JOBLINQ’s part, and JOBLINQ will not be liable for any use or disclosure of any User Submission. JOBLINQ shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
- Third Party Providers.
5.1 Generally. You acknowledge and agree that JOBLINQ may provide the Services using third party providers, including subcontractors and consultants (the “Third Party Providers”). You agree that, as between JOBLINQ and its Third Party Providers, JOBLINQ will have sole responsibility for handling all billing and contract negotiations.
5.2 PayPal. Transactions on the Joblinq Sites may be processed through PayPal. This is something you will manually opt into through the Joblinq registration process. Once your PayPal account is established, if you do not log in to your PayPal account for two or more years, PayPal may close your PayPal account and send any funds in the PayPal account, including any balance in a linked cash account to your primary address (if we have verified the required identifying information that you have provided to us) or, if required, send those funds to your state of residency. PayPal will determine your state of residency based on the state listed in the primary address for your PayPal account. If your address is unknown or registered in a foreign country, the funds in your PayPal account, including any balance in a linked cash account will be sent to the State of Delaware. Where required, PayPal will send you a notice prior to escheating any funds in your PayPal account, including any balance in a linked cash account. If you fail to respond to this notice, the funds in your PayPal account, including any balance in a linked cash account will be sent to the applicable state. If you would like to claim any distributed funds from the applicable state, please contact the applicable state’s unclaimed property administrator.
You authorize PayPal, directly or through Joblinq, to make any inquiries we consider necessary to verify your identity. This may include:
- asking you for further information, such as your date of birth, a taxpayer identification number, your physical address and other information that will allow us to reasonably identify you;
- requiring you to take steps to confirm ownership of your email address or financial instruments;
- ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other source; or
- requiring you to provide your driver’s license or other identifying documents.
Anti-money laundering and counter-terrorism financing laws may require that PayPal verify the required identifying information if you use certain PayPal services. PayPal reserves the right to close, suspend, or limit access to your PayPal account and/or the PayPal services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.
- Disclaimers and Limitations on JOBLINQ’s Liability.
6.1 Allocation of Responsibility JOBLINQ assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. JOBLINQ acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, JOBLINQ may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. JOBLINQ has no liability or responsibility to Users for performance or nonperformance of such activities. JOBLINQ may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
6.2 No endorsements by JOBLINQ. Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise. Site sponsors, including colleges, vocational school and trade organizations may pay for placement on the Sites. However, acceptance of such payments does not constitute and endorsement by JOBLINQ.
6.3 WARRANTY DISCLAIMERS.
(a) THE SITES ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. JOBLINQ, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. JOBLINQ MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.
(b) WITHOUT LIMITATION ON THE FOREGOING:
(i) JOBLINQ DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, JOBLINQ IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) JOBLINQ makes no representations or guarantees regarding the truthfulness, accuracy, LEGALITY, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
(iii) JOBLINQ makes no representations or guarantees regarding the Content of the Sites, including, but not limited to, broken links, inaccuracies or typographical errors.
(iv) JOBLINQ MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. JOBLINQ DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
6.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, THE INTERNET GENERALLY, AND THE DOCUMENTS OR EMPLOYER MATERIALS THAT YOU POST, PROVIDE OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES.
(b) IN NO EVENT SHALL JOBLINQ (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JOBLINQ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN JOBLINQ’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL JOBLINQ (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH JOBLINQ, THE AMOUNTS ACTUALLY PAID BY YOU TO JOBLINQ UNDER THIS AGREEMENT IF GREATER THAN US$200.00).
(e) Due to the nature of this Agreement, in addition to money damages, you agree that JOBLINQ will be entitled to equitable relief upon a breach of this agreement by you.
6.5 User Authentication. Because User authentication on the Internet is difficult, JOBLINQ cannot and does not confirm that each User is who they claim to be. Because JOBLINQ does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release JOBLINQ from claims, demands and damages (actual and consequential and 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.
6.6 California Residents. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
- Payment of Services; Termination; Suspension.
7.1 Subscription and Auto-Renewal. Your subscription to the Services may include enrollment into an ongoing/recurring payment plan. In such event, your subscription will automatically renew at the end of the billing period you choose, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method, including payments through PayPal, at confirmation of purchase and at the start of every new billing period, unless cancelled. You can turn off this auto-renewal by canceling your subscription as described below. JOBLINQ reserves the right to change our pricing and billing. In the event of a price change, JOBLINQ will attempt to notify you in advance by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions for cancellation below. If you do not cancel your subscription after the price change and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. YOU ARE RESPONSIBLE FOR ALL INTERNET ACCESS CHARGES. PLEASE CHECK WITH YOUR INTERNET PROVIDER FOR INFORMATION ON POSSIBLE INTERNET DATA USAGE CHARGES.
7.2 Cancellation. You can cancel your subscription at any time before the end of the current billing period, which will take effect at the end of the current billing period. You can cancel your subscription by logging in to your account at joblinq.com or calling Customer Support at (833) 562-5467.
7.3 Refund Policy. JOBLINQ does not provide refunds or credits, including for partially used billing periods or events. If you cancel your monthly or annual subscription, you will continue to have access to the service through the end of your current billing period (either month, for monthly subscribers, or year, for annual subscribers).
7.4 Suspension and Termination. You agree that JOBLINQ may, in its sole discretion and without notice, a refund, or liability to you, restrict, suspend, or terminate your access to part or all of Services if JOBLINQ believes you are using or have used the Services in violation of these Terms and Conditions or applicable law or regulations or in any manner other than for its intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, we may restrict or suspend your access to content upon reasonable notice to you, for cause, which includes, but is not limited to, (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if JOBLINQ reasonably believe that your access to content has been obtained fraudulently, or anyone uses your username and password to commit fraud or for other than their intended purpose.
- Links to Other Sites. JOBLINQ contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by JOBLINQ of the contents on such third-party web sites. JOBLINQ is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
- Amendments to this Agreement and Changes to Sites. JOBLINQ may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Sites (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by JOBLINQ unless JOBLINQ agrees to them in a signed writing specifically including those new or different terms. JOBLINQ may change the Sites at any time.
- Indemnity. You agree to defend, indemnify, and hold harmless JOBLINQ (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any Document posted by you, your use of the Services or your breach of this Agreement. JOBLINQ shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
11.1 User Account. When you register on any of the JOBLINQ Sites or in connection with the Services, you will be asked to create an account and provide JOBLINQ with certain information, including but not limited to, a valid email address (“User Information”). You acknowledge and agree that you have no ownership rights in your account.
11.2 User Content. You understand that all User Content, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by you on or through a JOBLINQ Site is the sole responsibility of the person from which such User Content originated. JOBLINQ claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through JOBLINQ and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through JOBLINQ, you grant JOBLINQ a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through JOBLINQ. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant JOBLINQ a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting JOBLINQ and its services. JOBLINQ will discontinue this licensed use within a commercially reasonable period after such User Content is removed from JOBLINQ. JOBLINQ reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
You also represent and warrant that you have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the license stated above. If you post User Content in any public area of any JOBLINQ Site, you also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any JOBLINQ Site retains any and all rights that may exist in such User Content. JOBLINQ may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any JOBLINQ Site. JOBLINQ reserves the right to expel Users and prevent their further access to the JOBLINQ Sites and/or use of JOBLINQ Services for violating the Terms or applicable laws, rules or regulations. JOBLINQ may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for JOBLINQ, damage JOBLINQ’s brand or public image, or cause JOBLINQ to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
JOBLINQ does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does JOBLINQ endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
The following is a partial list of User Content that is prohibited for use on the Sites. The list below is for illustration only and is not a complete list of all prohibited User Content.
- is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
- harasses, incites harassment or advocates harassment of any group or individual;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”;
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
- contains restricted or password only access pages, or hidden pages or images;
- displays or links to pornographic, indecent or sexually explicit material of any kind;
- provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
- provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media; and
- solicits passwords or personal identifying information from other Users.
Any Profile you submit must describe you, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not you.
Profiles derived from User Content may also be made available through the JOBLINQ Sites. JOBLINQ does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived Profiles may differ significantly from User Content.
- Questions and Notices. Questions concerning the use of the Sites should be directed to Feedback. Notices to JOBLINQ should be sent to the address listed on the Sites. We will send notice to you at the address submitted by you or to such other address as JOBLINQ reasonably determines is an appropriate address for you.
- General. JOBLINQ contact information is listed on the Sites. JOBLINQ makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Sites. If you access JOBLINQ from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement and your Service Activation Agreement, if you have one, are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Activation Agreement shall lie exclusively with the state or federal courts in the State of California. The sole relationship between you and JOBLINQ is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Sites, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by JOBLINQ in a particular “Legal Notice,” or material on particular web pages of the Sites, this Agreement and your Service Activation Agreement where applicable, constitute the entire agreement between you and JOBLINQ.
- Rules regarding Posting, Conduct and Security.
The following rules apply to your use of the Sites and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
14.1 Posting Rules:
(a) You may not post any Document to a Site that contains: (i) URLs or links to web sites other than to recruitment related pages on your company web site (to advertise your company or web site, see our Advertising Info page.); (ii) copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner’s permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.
(b) You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or “club membership”); provided, however that JOBLINQ may allow posting of certain training and business opportunities (see 14.1(e) below).
(c) Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or, in the case of Users seeking employment, your qualifications as a candidate for employment. Documents that encourage the User to “email for more details” are not permitted.
(d) Job postings must describe individual openings for traditional W-2 or 1099 employees. You may not advertise multiple job openings in a single posting.
(e) In limited circumstances, at JOBLINQ’s sole discretion, JOBLINQ allows non-traditional job postings such as education/training, business opportunities, franchise, and multi-level marketing opportunities to be posted on the Sites. These non-traditional job postings may require an investment of time and/or money by the User seeking the position. JOBLINQ reserves the right, in its sole discretion, to move, modify, or remove entirely a non-traditional job posting if JOBLINQ deems such job posting to conflict with the best interests of its Users or detract from the User experience.
(f) Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.
(g) JOBLINQ is under no obligation to monitor the Documents posted on the Sites, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at JOBLINQ’s sole discretion.
14.2 Conduct Rules for all Users:
All JOBLINQ Users agree to not:
(b) take any action that imposes an unreasonable or disproportionately large load on any JOBLINQ Site’s infrastructure;
(c) use any device to navigate or search any JOBLINQ Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by JOBLINQ;
(d) use any data mining, robots or similar data gathering or extraction methods;
(e) violate or attempt to violate the security of any JOBLINQ Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of any JOBLINQ Site;
(h) aggregate, copy or duplicate in any manner any of the JOBLINQ Content or information available from any JOBLINQ Site, including expired job ads, other than as permitted by these Terms;
(i) frame or link to any JOBLINQ Content or information available from any JOBLINQ Site, unless permitted by these Terms;
(j) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media;
(k) post any resume or Profile or apply for any job on behalf of another party;
(l) defer any contact from an employer to any agent, agency, or other third party;
(m) set more than one copy of the same resume to public at any one time;
(n) share with a third party any login credentials to any JOBLINQ Site. Your JOBLINQ account and any related Services accessed through such account are to be accessed and used solely by you. Upon your successful registration for a JOBLINQ account, you will be provided with a unique password that will permit you to access the account. You may not provide your password or otherwise permit access to your JOBLINQ account to any third party. You are responsible for maintaining the confidentiality of your information and password. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer(s).You are responsible for all uses of your account, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Sites. You agree to notify JOBLINQ immediately of any unauthorized use of your account or password. ;
(o) access data not intended for You or logging into a server or account which You are not authorized to access;
(p) post or submit to any JOBLINQ Site any incomplete, false or inaccurate biographical information or information which is not Your own. If at any time JOBLINQ comes to the understanding that you: (i) misled JOBLINQ regarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, JOBLINQ reserves the right to terminate your Agreement;
(q) post content that contains restricted or password-only access pages, or hidden pages or images;
(r) solicit passwords or personally identifiable information from other Users;
(s) delete or alter any material posted by any other person or entity;
(t) harass, incite harassment or advocate harassment of any group, company, or individual;
(u) send unsolicited mail or email, make unsolicited phone calls or send unsolicited texts, tweets or faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
(v) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any JOBLINQ Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
(w) promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
(x) use the JOBLINQ Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job ad that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by JOBLINQ’s discretion.
Violations of system or network security may result in civil and/or criminal liability. JOBLINQ will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
- Copyright Complaints.
15.1 JOBLINQ respects the intellectual property of others. It is JOBLINQ’s policy to respond to claims of copyright and other intellectual property infringement. JOBLINQ will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, JOBLINQ may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. JOBLINQ will terminate access for Users who are repeat infringers.
15.2 Notifying JOBLINQ of Copyright Infringement: To provide JOBLINQ notice of an infringement, you must provide a written communication to the attention of “Trust and Site Security” care of TSST@JOBLINQ.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please also note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
15.3 Providing JOBLINQ with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide JOBLINQ with a counter notification by written communication to the attention of “Trust and Site Security” at TSST@JOBLINQ.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
Please note that Sections 16, 17 and 18 below contain terms and conditions that apply to specific Services (Resume Database, Recruitment Edge and Recruitment Analytics) and they are part of this Agreement if you are purchasing or using any of those specific Services or packages that include such Services (Sections 16 and 17 govern use of Standard Search and sections 16, 17 and 18 govern use of Search Pro).
- Additional Terms in Connection with Use of Resume Database. If, in your Service Activation Agreement with JOBLINQ, you are purchasing Resume Database access, the following additional terms apply to you:
16.1 JOBLINQ grants you a limited, personal, terminable, non-transferable, non-exclusive right to access the JOBLINQ Resume Database via the Sites for the purpose of viewing and/or downloading a single copy of available paper and/or video resumes (collectively “Resumes”) solely for your use.
16.2 The Resume Database is to be accessed and used solely by those Users whom you authorize to access the Resume Database through your account (each an “Authorized RDB User”). Each Authorized RDB User will be issued a unique Resume Database Seat (a “Seat”) through which they can perform the actions described in 16.1. Each Seat must be purchased in advance by you and may be accessed by using unique login credentials. You are only permitted to assign one Seat per Authorized RDB User and Authorized RDB Users may not share their login credentials or Seat access amongst themselves, with any other co-workers or with any other third parties.
16.3 Neither you nor your Authorized RDB Users may use the Resume Database in any way which, in JOBLINQ’s sole judgment, adversely affects JOBLINQ’s business, business prospects, the performance or function of any Site or the Resume Database, or interferes with the ability of other subscribers to access the Resume Database. Further, use of the Resume Database by you or by your Authorized RDB Users may not interfere with or violate, in any manner, the privacy election of JOBLINQ Job Seekers. You understand and agree that any violation of section 16 will give JOBLINQ the right to immediately terminate any and all access to the RDB and to terminate any corresponding Agreements.
16.4 You and your Authorized RDB Users may use your subscription to the Resume Database only for seeking candidates for employment and are specifically prohibited from using information contained in the Resume Database to (i) sell or promote any products or services, (ii) send emails that, in JOBLINQ’s sole judgment, are excessive in frequency or contain job postings that are irrelevant to the work history of particular classes of Job Seekers or (iii) take any other action that is, in JOBLINQ’s sole judgment, inconsistent with these Terms and Conditions, misleading or incomplete, or in violation of any Federal, State, Local law, statute, code, rule, or regulation. Company understands and agrees that if Company uses the Resume Database in violation of the preceding restrictions, then JOBLINQ may, at its sole discretion, either terminate Company’s Agreement or transfer Company’s Seats from the Resume Database to the Targeted Resume Database (a database that only contains individuals whom JOBLINQ has identified as appropriate candidates for sales positions where the majority of the compensation is to be derived from commissions).
16.5 JOBLINQ may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the Resume Database at any time. By permitting access to the JOBLINQ Resume Database, JOBLINQ does not convey any interest in or to the Resume Database or any other JOBLINQ property or Services. All right, title and interest in and to the Resume Database is and shall remain in JOBLINQ.
- Additional Terms in Connection with Use of Recruitment Edge Services. If, in your Service Activation Agreement with JOBLINQ, you are purchasing our Recruitment Edge Services, the following additional terms apply to you: Recruitment Edge aggregates data from the open web by scanning professional networking sites, talent hubs, blogs, publications and journals, and scanning social networks to find talent. Recruitment Edge may solely be used for candidate lead generation purposes and to make initial contact with possible candidates and must not be used to evaluate a job applicant’s eligibility for employment or a current employee’s eligibility for continued employment, reassignment or promotion. You are prohibited from reviewing profiles of persons who are employed by you or who have already expressed interest in employment with you outside of the Recruitment Edge platform. Any information regarding a potential candidate that is obtained from Recruitment Edge is largely derived from public sources and is not guaranteed or verified to be accurate or up to date. Accordingly, such information should not be maintained in the individual’s application file or in any subsequent employee file.
- Additional Terms in Connection with Use of Recruitment Analytics Services. If, in your Service Activation Agreement with JOBLINQ, you are purchasing any of our Recruitment Analytics Services, the following additional terms apply to you:
18.1 Use of Reports. JOBLINQ hereby grants you a limited, non-exclusive, non-assignable (except as otherwise provided in this Agreement), worldwide right and license to: (a) store and use any Recruitment Analytics Services for your internal management, reference or informational purposes, and (b) distribute copies of any reports generated by the Recruitment Analytics Services (each a “Report”), subject to the conditions that (i) such copies may be distributed only in printed or static electronic PDF format, (ii) in providing a copy of any Report to a recipient, you may not charge the recipient any kind of fee or other consideration, and (iii) you shall not remove or modify any branding, marks, copyright or trademark notices, or any other notices or disclaimers set forth in any Report without JOBLINQ’s prior written consent, or otherwise modify the Report in any way so as to falsely or otherwise misrepresent its content. Further, you may not issue press releases or make other public statements regarding any Report, or the contents or conclusions in same, without the express written consent of JOBLINQ.
18.2 Use of Your Data. If you have purchased Recruitment Analytics Services, then you may provide JOBLINQ with the names, addresses, telephone numbers, e-mail addresses, resumes and other personally identifiable information of Job Seekers sourced from your own files (“Job Seeker Data”). You hereby grant JOBLINQ a non-exclusive license to use, copy, modify, store, transmit and display Job Seeker Data solely to the extent reasonably required to provide and maintain the Services for Company’s use. Notwithstanding the foregoing, you understand and agree that JOBLINQ may derive Aggregate Data from the Job Seeker Data and may use such Aggregate Data in accordance with section 4.6.