These Terms of Use are effective immediately for unregistered users and users registering accounts or otherwise acknowledging acceptance of these terms on or after the revision date. For other users who registered accounts before the revision date, it will become effective thirty (30) days after the revision date.
These Terms of Use (the "Terms") govern your access to and use of our websites, emails and mobile applications ("Jobcle"). These Terms also include our Privacy Policy. By accessing and using Jobcle, you agree to comply with these Terms. If you are using Jobcle on behalf of a company or other legal entity, then "you" also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you. You may not use Jobcle if you do not agree to the version of the Terms posted on Jobcle at the time you access Jobcle.
Please note: These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
A. To access or use Jobcle, you must be at least 16 years of age or, if older, the age of majority in your jurisdiction, otherwise you may not use Jobcle. An employer and its authorized agent(s) are permitted to use the employer's any data about that employer provided via that account for the employer's internal business purposes. Except as set forth above, or as otherwise approved by us, Jobcle is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use Jobcle if we have terminated your account or banned you.
Jobcle may make available content hosted by YouTube. By interacting with the YouTube Client and viewing YouTube content.
We allow users to post content about employers when they have been employed by the employer as a full-time, part-time, contractor, freelancer, independent employee, or provide work that is an integral part of the employer's value chain. We also allow users to review the staffing firms that place them in these roles. We consider all workers in these roles as 'employees' with regard to Content left on Jobcle. While we provide the option for Jobcle reviewers to specify the category of their employment when they leave a review (e.g contractor, freelancer, etc.), we do not consider this a requirement. It does not violate our Community Guidelines or these Terms for a worker in any one of these roles to leave a review as an "employee."
You agree that you will not:
While we endeavor to make this service the best it can be, employer websites are not controlled by us, and we cannot guarantee that your application will be properly received and logged by the third-party employer website upon transmission. If you have any reason to think your application was not received by an employer, we suggest you contact them directly to confirm.
Jobcle does not guarantee the identity of an employer or any individuals working for any employers, and cautions job seekers when applying to jobs. Jobcle does not guarantee the validity of a job offer and cautions job seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. You are solely responsible for verifying the accuracy of any employer or job offer.
When you ask Jobcle to transmit an application or a message, including, but not limited to, a signed offer letter, to an employer via Easy Apply or the Jobcle Messaging Service or store such application, you understand that this is without warranty, and that Jobcle reserves the right to reformat such application or message. Jobcle reserves the right to verify and confirm the identity of any party associated with an email relay. We also reserve the right to drop messages in accordance with these Terms, including without limitation dropping any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment for any or no reason.
You agree that Jobcle may, at its sole discretion, remove or prevent the posting of any job ad for any or no reason.
You may not coerce employees to leave reviews. Coercion includes asking employees to provide proof to an employer that they wrote a review whether or not that proof includes the content of the review itself.
This provision applies to all advertisers, including employers who purchase job ads or display ads. Unless we agree otherwise, you may not use or otherwise process data collected or derived from ads ("Ad Data") for any purpose (including retargeting, building or augmenting user profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers' campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and you may not permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from users if you provide clear notice to and obtain consent from those users and comply with all applicable laws and industry guidelines, including those applicable to data protection.
We do not claim ownership in any Content that you submit or authorize for use to Jobcle, but you grant us the rights to use such Content as set forth below. By submitting or authorizing us to display any Content on Jobcle, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to Jobcle's exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve Jobcle and to make Content submitted to or through Jobcle available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. No compensation will be paid with respect to the Content that you post through Jobcle. You should only submit Content to Jobcle that you are comfortable sharing with others under the terms and conditions of these Terms.
Jobcle contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and Jobcle owns and retains all property rights in Jobcle. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from Jobcle solely for your personal use in connection with using Jobcle. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on Jobcle or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to Jobcle. Jobcle ® is a registered trademark of Jobcle, Inc. The trademarks, logos and service marks ("Marks") displayed on Jobcle are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.
You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the "Jobcle Group") harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to or otherwise arising from your use of Jobcle, including due to or arising from your breach of any provision of these Terms.
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
Any emails or email notifications corresponding with any activity on Jobcle, the Jobcle Messaging Service, or any other communications service, product, or feature provided on or through Jobcle, are provided solely as a courtesy. Jobcle disclaims all warranties with regard to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable. Further, if you are an employer and you posted a job posting directly on Jobcle, applications are sent only to your Jobcle dashboard; any other notifications you may receive are provided solely as a courtesy to you
Jobcle assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any job posting, career page, job solicitation, screener question, answer to screener question, resume information, or message you post, send or receive through Jobcle or the Jobcle Messaging Service.
You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of Jobcle. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on Jobcle, whether caused by users or by any of the equipment or programming associated with or utilized in Jobcle. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on Jobcle or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with Jobcle. Under no circumstances shall we be responsible for any loss or damage resulting from the use of Jobcle or from any Content posted on Jobcle or transmitted to users, or any interactions between users of Jobcle, whether online or offline.
Jobcle is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) Jobcle will meet your requirements; (2) Jobcle will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of Jobcle will be accurate or reliable.
You hereby release the Jobcle Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.
IN NO EVENT SHALL THE Jobcle GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF Jobcle, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE Jobcle GROUP'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF Jobcle (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
You acknowledge that you are familiar with the provisions of Section 1542 of the California Civil Code, which provides as follows: "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." You hereby expressly waive and relinquish all rights and benefits under Section 1542 of the California Civil Code and any law or legal principle of similar effect in any jurisdiction with respect to the releases and/or discharges granted herein, including but not limited to the releases and/or discharges of unknown claims.
These Terms remain in effect while you use Jobcle and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of Jobcle, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of Jobcle. For the avoidance of doubt, you agree that these Terms apply to your use of Jobcle and any Content posted on Jobcle at any time prior to the termination or expiration of these Terms.
We may revise these Terms from time to time by posting an updated version on Jobcle. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the revision date. For users who registered accounts before the revision date, they will become effective thirty (30) days after the revision date. If we make a change that we believe materially reduces your rights or increases your responsibilities we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of Jobcle is subject to the most current effective version of these Terms.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user's identifying information from Jobcle. If you intend to propound discovery seeking a user's identifying information, you agree to do so pursuant to a valid California subpoena, properly issued in connection with an active lawsuit and properly served on our registered agent in California at Jobcle, Inc., c/o CT Corporation, 818 W Seventh Street, Los Angeles, CA 90017. You further agree that all such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought and resolved exclusively in the state courts located within Marin County, California or the federal courts in the Northern District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND Jobcle ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND Jobcle AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
Exceptions to Arbitration. This Agreement to Arbitrate will not apply to the following: (a) small claims court cases that qualify; (b) legal proceedings that involve efforts to obtain user-identifying information; (c) any legal proceedings brought against any of the Jobcle Group by companies or other legal entities; or individuals acting on behalf of such companies or other legal entities; (d) any legal proceedings brought by any of the Jobcle Group against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; and (e) a party's right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement and the Dispute Resolution section will continue to apply.
Arbitration Procedure. The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), if applicable, as modified by this section. The AAA's rules and a form for initiating the proceeding are available. Any settlement offer made by you or Jobcle shall not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in San Francisco, California. For any claim where the total amount of the award sought is $10,000 or less, you and Jobcle may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Jobcle subject to the arbitrator's discretion to require an in-person hearing. In cases where an in-person hearing is held, you or Jobcle may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Jobcle user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of Jobcle and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of these Terms are binding and the translations are provided for convenience only. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Jobcle's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word "including" means "including but not limited to."
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