User Agreement
NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT.
INTRODUCTION
Purpose
Jobs for Humanity is an employment platform for inclusive employers to hire top diverse talent and for job seekers from underrepresented communities to find work. We prioritize ethnic minorities, single moms/parents, the neurodivergent, LGBTQ+, veterans, refugees, the visually impaired, baby boomers, and returning citizens.
We are directly aligned with the United Nations Sustainable development Goal #8 Decent Work and Economic Growth, Goal #10 Reduced Inequalities, and Goal #17 Partnership towards these goals.
Scope and Intent
You agree that by registering on Jobs For Humanity, or by using our website, including our mobile applications, developer platform, or other information provided as part of the Jobs For Humanity services (collectively “Jobs For Humanity” or the “Services”), you are entering into a legally binding agreement with Jobs For Humanity, based on the terms of this Jobs For Humanity User Agreement and Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”) and become a Jobs For Humanity user (“User”).
If you are using Jobs For Humanity on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a Jobs For Humanity User, do not conclude the Agreement, do NOT click “Sign Up” and do not access, view, download or otherwise use any Jobs For Humanity webpage, information or services. By clicking “Sign Up,” you acknowledge that you have read and understood the terms of use of this Agreement and that you agree to be bound by all of its provisions. By clicking “Sign Up” you also consent to use electronic signatures and acknowledge your click of the “Sign Up” button as one. Please note that the Jobs For Humanity User Agreement and Privacy Policy are also collectively referred to as Jobs For Humanity’s “Terms of Service.”
YOUR OBLIGATIONS
Applicable laws and this Agreement
User must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:
- DOs and DON’Ts;
- Complaints Regarding Content Posted on the Jobs For Humanity Website; and
- Jobs For Humanity’s Privacy Policy.
- License and warranty for your submissions to Jobs For Humanity.
You own the information you provide Jobs For Humanity under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Jobs For Humanity a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Jobs For Humanity, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to Jobs For Humanity, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
Jobs For Humanity acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, Jobs For Humanity 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 Jobs For Humanity Site. Jobs For Humanity reserves the right to expel Users and prevent their further access to the Jobs For Humanity Sites and/or use of the Jobs For Humanity Services for violating the Terms or applicable laws, rules or regulations. Jobs For Humanity 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 Jobs For Humanity, damage Jobs For Humanity’s brand or public image, or cause Jobs For Humanity to lose (in whole or in part) the services of its ISPs or other suppliers.
Jobs For Humanity does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or 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 on the Jobs For Humanity Sites. The list below is for illustration only and is not a complete list of all prohibited User Content.
Content that: - 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 or “spamming”; • 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.
- It is also a violation of the Terms, to include in any User Content submitted to Jobs For Humanity Communities information that may be interpreted as direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. 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, fiction, character, or real individual that is not You.
- In order to protect our Jobs For Humanity Community Users from commercial advertising or solicitation, Jobs For Humanity reserves the right to restrict the number of emails which a User may send to employers, a number which Jobs For Humanity deems appropriate in its sole discretion.
- Each job applicant User of Jobs For Humanity has taken a proprietary resume offered by Jobs For Humanity. The results of the proprietary resume are not evaluated by Jobs For Humanity and should be evaluated by each employer based on such employer’s specific criteria. The resume is proprietary to Jobs For Humanity and may be changed from time to time in Jobs For Humanity’s discretion. The resume does not necessarily guarantee performance results or capture all criteria that may be relevant to an employer in making employment decisions. Jobs For Humanity does not independently verify the information provided by candidates or the identity of candidates.
- If notified by a User of User Content or other materials which allegedly do not conform to these Terms, Jobs For Humanity may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. Jobs For Humanity has no liability or responsibility to Users for performance or nonperformance of such activities.
Service Eligibility.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Jobs For Humanity account, (3) are not a competitor of Jobs For Humanity or are not using the Services for reasons that are in competition with Jobs For Humanity; (4) will only maintain one Jobs For Humanity account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of Jobs For Humanity, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
Sign-In Credentials.
You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring your Jobs For Humanity account to another party; and (5) refrain from charging anyone for access to any portion of Jobs For Humanity, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please visit Jobs For Humanity’s customer service site.
Indemnification.
You agree to defend and indemnify and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Jobs For Humanity.
Payment.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to Jobs For Humanity storing your payment card information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You may cancel your Premium Services by emailing contact@jobsforhumanity.com. You also acknowledge that Jobs For Humanity’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.
Notify us of acts contrary to the Agreement.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so. The failure to provide a detailed and substantiated explanation of your reasons in writing at least 30 days before you act shall, to the fullest extent permitted by law, invalidate your claim and absolve Jobs For Humanity of all liability.
Notifications and Service Messages.
For purposes of service messages and notices about the Services to you, Jobs For Humanity may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Jobs For Humanity to an email address associated with your account, even if we have other contact information. You also agree that Jobs For Humanity may communicate with you through your Jobs For Humanity account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Jobs For Humanity account or services associated with Jobs For Humanity. Please review your Settings to control what kind of messages you receive from Jobs For Humanity. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
Jobs For Humanity Applications.
Jobs For Humanity may offer the Services through applications built using Jobs For Humanity’s platform (“Jobs For Humanity Applications”). Examples of Jobs For Humanity Applications include its smartphone applications, and Jobs For Humanity’s “Share” buttons and other interactive plugins distributed on websites across the web. Jobs For Humanity Applications are distinct from third party Platform Applications addressed in Section 4.B. If you use a Jobs For Humanity Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing Jobs For Humanity plugins that load in your browser may be communicated to us.
Further, by importing any of your Jobs For Humanity data through the Jobs For Humanity Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Jobs For Humanity account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Jobs For Humanity through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.
User-to-User Communication and Sharing (Discord, Slack, D&I training and mentorship).
Jobs For Humanity may offer various websites and forums where you can post your observations and comments on designated topics. Please note that ideas you post and information you share may be seen and used by other Users, and Jobs For Humanity cannot guarantee that other Users will not use the ideas and information that you share on Jobs For Humanity. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to Jobs For Humanity. JOBS FOR HUMANITY IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY JOBS FOR HUMANITY COMMUNITY FORUMS.
Privacy.
You should carefully read our full Privacy Policy before deciding to become a User as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to Jobs For Humanity, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.
Export Control.
Your use of Jobs For Humanity services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
Contributions to Jobs For Humanity.
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Jobs For Humanity through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Jobs For Humanity is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Jobs For Humanity shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Jobs For Humanity may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to Jobs For Humanity all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Jobs For Humanity under any circumstances.
USER RIGHTS.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Jobs For Humanity or its Users), view information and use the Services that we provide on Jobs For Humanity webpages and in accordance with this Agreement. Any other use of Jobs For Humanity contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Jobs For Humanity commercially unless expressly authorized by Jobs For Humanity) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Jobs For Humanity and all related items, including any and all copies made of the Jobs For Humanity website.
OUR RIGHTS AND OBLIGATIONS.
Services Availability
For as long as Jobs For Humanity continues to offer the Services, Jobs For Humanity shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Jobs For Humanity as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Jobs For Humanity, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Jobs For Humanity further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Jobs For Humanity to be contrary to this Agreement. For avoidance of doubt, Jobs For Humanity has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
Third Party Sites and Developers.
Jobs For Humanity may include links to third party websites (“Third Party Sites”) on www.jobsforhumanity.com, and elsewhere. Jobs For Humanity also enables third party developers (“Platform Developers”) to create applications (“Platform Applications”) that provide features and functionality using data and developer tools made available by Jobs For Humanity through its developer platform. You are responsible for evaluating whether you want to access or use a Third Party Site or Platform Application. You should review any applicable terms and/or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not. Jobs For Humanity is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. Jobs For Humanity also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to access Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application. Please note: If you allow a Platform Application or Third Party Site to authenticate to or connect with your Jobs For Humanity account, that application or website can access information on Jobs For Humanity related to you and your connections. For additional information regarding Platform Developers and Platform Applications, please refer to Jobs For Humanity’s Privacy Policy.
Disclosure of User Information.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Jobs For Humanity, our Users or the public.Disclosures of User information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.
DISCLAIMER.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON JOBS FOR HUMANITY, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR JOBS FOR HUMANITY AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. JOBS FOR HUMANITY DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY JOBS FOR HUMANITY OR ANYTHING RELATED TO JOBS FOR HUMANITY, YOU MAY CLOSE YOUR JOBS FOR HUMANITY ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE “TERMINATION” SECTION AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
JOBS FOR HUMANITY IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH JOBS FOR HUMANITY TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE, OR TECHNOLOGY.
JOBS FOR HUMANITY DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, JOBS FOR HUMANITY DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
JOBS FOR HUMANITY DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. JOBS FOR HUMANITY DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, JOBS FOR HUMANITY DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE JOBS FOR HUMANITY SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
LIMITATION OF LIABILITY.
The Jobs For Humanity Sites act as a venue for employers to post job opportunities, get diversity hiring training, coach job seekers, and for candidates to create resumes, apply to jobs, and receive job coaching. Jobs For Humanity does not screen or censor the listings. Jobs For Humanity is not involved in the actual transaction between employers and candidates. As a result, Jobs For Humanity has no control over User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and Jobs For Humanity makes no representations about any jobs, resumes or User Content on the Jobs For Humanity Sites. Jobs For Humanity 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 Jobs For Humanity, damage Jobs For Humanity’s brand or public image, or cause Jobs For Humanity to lose (in whole or in part) the services of its ISPs or other suppliers. While Jobs For Humanity reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the Jobs For Humanity Sites from time to time, Jobs For Humanity does not assume any obligation to do so and disclaims any liability for failing to take any such action.
The Jobs For Humanity online communities through Discord and Slack provide an avenue for individuals to network for professional purposes. Jobs For Humanity does not screen or censor the Profiles or User Content on the Jobs For Humanity Sites. Jobs For Humanity is not involved in the actual communications between Jobs For Humanity Community Users. As a result, Jobs For Humanity has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the Jobs For Humanity Sites and makes no representations about any Profile or User Content on the Jobs For Humanity Sites.
In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through the Jobs For Humanity Sites. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the Jobs For Humanity Sites.
Because User authentication on the Internet is difficult, Jobs For Humanity cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any Jobs For Humanity Site, in the event that You have a dispute with one or more Users, You release Jobs For Humanity (and our agents and employees) 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. 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.” The Jobs For Humanity Sites and the Jobs For Humanity Content may contain inaccuracies or typographical errors. Jobs For Humanity makes no representations about the accuracy, reliability, completeness, or timeliness of any Jobs For Humanity Site or the Jobs For Humanity Content. The use of all Jobs For Humanity Sites and the Jobs For Humanity Content is at your own risk. Changes are periodically made to Jobs For Humanity Sites and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the Jobs For Humanity Sites. Employers are solely responsible for their postings on Jobs For Humanity Sites. Jobs For Humanity is not to be considered to be an employer with respect to your use of any Jobs For Humanity Site and Jobs For Humanity shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Jobs For Humanity Site.
Jobs For Humanity cannot guarantee and does not promise any specific results from use of the Jobs For Humanity Sites. No advice or information, whether oral or written, obtained by a User from Jobs For Humanity through or from any Jobs For Humanity Site shall create any warranty not expressly stated herein.
TERMINATION.
Mutual rights of termination.
You may terminate this Agreement, for any or no reason, at any time, with notice to Jobs For Humanity. This notice will be effective upon Jobs For Humanity processing your notice. Jobs For Humanity may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Jobs For Humanity or the party paying for the services may terminate your access to any Premium Services. Termination of your Jobs For Humanity account includes disabling your access to Jobs For Humanity and may also bar you from any future use of Jobs For Humanity.
Misuse of the Services.
Jobs For Humanity may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Abusing the Jobs For Humanity messaging services; creating multiple or false profiles; using the Services commercially without Jobs For Humanity’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed, or any other behavior that Jobs For Humanity, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Jobs For Humanity has adopted a policy of terminating accounts of Users who, in Jobs For Humanity’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
Effect of Termination.
Upon the termination of your Jobs For Humanity account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Sections 3 (“Your Rights”) and 4.a-b, and d (“Our Rights and Obligations”) hereof.
DISPUTE RESOLUTION
Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of New York regardless of your country of origin or where you access Jobs For Humanity, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Jobs For Humanity agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in New York County, New York, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Jobs For Humanity agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims. Notwithstanding the above, you agree that Jobs For Humanity shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Arbitration Option.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider located in New York County, New York, as mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
GENERAL TERMS.
Severability.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
Language.
Where Jobs For Humanity has provided you with a translation of the English language version of this Agreement, the Privacy Policy, and/or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with Jobs For Humanity.
Notices and Service of Process.
In addition to Section (“Notices and Service Messages”), we may notify you via postings on www.jobsforhumanity.com. You may email us at contact@jobsforhumanity.com or via mail or courier at:
Jobs For Humanity Inc.
18117 Biscayne Blvd #3016
Miami, FL 33160
USA
Additionally, Jobs For Humanity accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms of use that may apply when you use or purchase certain other Jobs For Humanity services, third-party content or third party software.
Amendments to this Agreement.
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.jobsforhumanity.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time per Section (Termination).
No informal waivers, agreements or representations.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Jobs For Humanity Affiliate shall be deemed legally binding on any Jobs For Humanity Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Jobs For Humanity.
No Injunctive Relief.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Assignment and Delegation.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Jobs For Humanity for any third party that assumes our rights and obligations under this Agreement.
Potential Other Rights and Obligations.
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
Jobs For Humanity USER “DOS” and “DON’TS.”
As a condition to access Jobs For Humanity, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
- Do undertake the following:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with our Privacy Policy;
- Review and comply with notices sent by Jobs For Humanity concerning the Services; and
- Use the Services in a professional manner.
- Don’t undertake the following:
- Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Jobs For Humanity;
- Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature and keep them out of the files you upload to your resume;
- Create a user profile for anyone other than a natural person;
- Harass, abuse or harm another person, including sending unwelcomed communications to others using Jobs For Humanity;
- Upload a profile image that is not your likeness or a head-shot photo;
- Use or attempt to use another’s account without authorization from the Company, or create a false identity on Jobs For Humanity;
- Upload, post, email, transmit or otherwise make available or initiate any content that:
- Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Jobs For Humanity);
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, which includes sending messages to distribution lists, newsgroup aliases, or group aliases;
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Jobs For Humanity or any User of Jobs For Humanity;
- Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
- Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Jobs For Humanity (excluding content posted by you) except as permitted in this Agreement, or as expressly authorized by Jobs For Humanity;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof
- Utilize or copy information, content or any data you view on and/or obtain from Jobs For Humanity to provide any service that is competitive, in Jobs For Humanity’s sole discretion, with Jobs For Humanity;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by Jobs For Humanity unless you have entered into a written agreement with Jobs For Humanity (this includes, but is not limited to, representing yourself as an accredited Jobs For Humanity trainer if you have not been certified by Jobs For Humanity as such);
- Adapt, modify or create derivative works based on Jobs For Humanity or technology underlying the Services, or other Users’ content, in whole or part, except as permitted under Jobs For Humanity’s developer program;
- Rent, lease, loan, trade, sell/resell access to Jobs For Humanity or any information therein, or the equivalent, in whole or part;
- Sell, sponsor, or otherwise monetize a Jobs For Humanity or any other service or functionality of Jobs For Humanity, without the express written permission of Jobs For Humanity.
- Deep-link to the Site for any purpose, (i.e. including a link to a Jobs For Humanity web page other than Jobs For Humanity’s home page) unless expressly authorized in writing by Jobs For Humanity or for the purpose of promoting your profile or a Group on Jobs For Humanity as set forth in the Brand Guidelines;
- Remove any copyright, trademark or other proprietary rights notices contained in or on Jobs For Humanity, including those of both Jobs For Humanity and any of its licensors;
- Remove, cover or otherwise obscure any form of advertisement included on Jobs For Humanity;
- Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Jobs For Humanity except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
- Share information of non-Users without their express consent;
- Infringe or use Jobs For Humanity’s brand, logos and/or trademarks, including, without limitation, using the word “Jobs For Humanity” in any business name, email, or URL or including Jobs For Humanity’s trademarks and logos except as provided in the Brand Guidelines or as expressly permitted by Jobs For Humanity;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
- Use bots or other automated methods to access Jobs For Humanity, add or download contacts, send or redirect messages, or perform other activities through Jobs For Humanity, unless explicitly permitted by Jobs For Humanity;
- Access, via automated or manual means or processes, Jobs For Humanity for purposes of monitoring Jobs For Humanity’s availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Jobs For Humanity’s website;
- Attempt to or actually access Jobs For Humanity by any means other than through the interfaces provided by Jobs For Humanity such as its mobile application or by navigating to http://www.Jobs For Humanity.com using a web browser. This prohibition includes accessing or attempting to access Jobs For Humanity using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Jobs For Humanity;
- Attempt to or actually override any security component included in or underlying Jobs For Humanity;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Jobs For Humanity’s infrastructure, including, but not limited to, sending unsolicited communications to other Users or Jobs For Humanity personnel, attempting to gain unauthorized access to Jobs For Humanity, or transmitting or activating computer viruses through or on Jobs For Humanity;
- Interfere with or disrupt or game Jobs For Humanity or the Services, including, but not limited to, any servers or networks connected to Jobs For Humanity, in particular Jobs For Humanity’s search algorithms.
- Post jobs or content on any Jobs For Humanity Site that contain hyperlinks, “hidden” keywords or keywords that are irrelevant to the job or are otherwise misleading;
- Post jobs for modeling or talent or talent scouting positions on any Jobs For Humanity Site;
- Use any Jobs For Humanity Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Jobs For Humanity Resume Database to sell or promote any products or services;
- Use the Jobs For Humanity Forums for commercial recruitment, executive search, staffing, outsourced employment or any other professional employment or recruitment activity;
- Post or submit to any Jobs For Humanity Site any incomplete, false or inaccurate biographical information or information which is not your own;
- Post on any Jobs For Humanity Site any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents;
- Send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of any Jobs For Humanity Site;
- We encourage our Users to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, Jobs For Humanity provides a process for submission of complaints concerning content posted by our Users. You can contact us at contact@jobsforhumanity.com or via mail or courier at:
Jobs For Humanity Inc.
18117 Biscayne Blvd #3016
Miami, FL 33160
USA
Copyright Policy
COMPLAINTS REGARDING CONTENT POSTED ON THE Jobs For Humanity WEBSITE
CLAIMS REGARDING COPYRIGHT INFRINGEMENT
Notice of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Jobs For Humanity has implemented procedures for receiving written notification of claimed infringements. Jobs For Humanity has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may complete and submit a form, or otherwise provide a written communication which contains:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description specifying the location on our website of the material that you claim is infringing;
- A description of the copyrighted work that you claim has been infringed;
- A description specifying the location on our website of the material that you claim is infringing;
- Your telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may complete the Counter-Notice Regarding Claim of Copyright Infringement form, or otherwise provide a written communication which contains:- Your physical or electronic signature;
- Identification of the material removed or to which access has been disabled;
- A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
- Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the New York, New York, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.
Please submit your Counter-Notice to Jobs For Humanity’s Copyright Agent via email or mail to the addresses specified above.
CLAIMS REGARDING CONTENT AND INTELLECTUAL PROPERTY VIOLATIONS (OTHER THAN COPYRIGHT INFRINGEMENT)
To notify Jobs For Humanity that you in good faith believe that content (“Specified Content’) posted by a User on our website infringes your intellectual property rights (other than copyright — in which case please see Claims Regarding Copyright Infringement) or is inaccurate or unlawful, you may complete the Notice of Content and Intellectual Property Violations form and submit it to Jobs For Humanity’s Content Complaint Manager via email or mail as specified below. Any assertions made by you in submitting this form are under penalty of perjury.
Counter-Notice:
If you believe the Notice Of Content and Intellectual Property Violations was submitted in error, or if you contest the removal of the allegedly infringing, inaccurate or unlawful content, you may complete a Counter-Notice Regarding Claim of Content and Intellectual Property Violations form and submit it to Jobs For Humanity’s Content Complaint Manager by either email or mail at the addresses specified above. Any assertions made by you in submitting this form are under penalty of perjury. Jobs For Humanity will process the Counter-Notice in accordance with its policies and procedures which remain in our sole discretion.