Terms of Use Agreement

Last Updated: September 2, 2021This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site owned and operated by Jobspeaker, Inc., a Delaware corporation (“Jobspeaker”), and located at www.jobspeaker.com (“jobspeaker.com”). By using jobspeaker.com you agree to be bound by the terms and conditions of this Agreement and Jobspeaker’s Privacy and Security Policy, as they may be amended from time to time in the future (see “Modifications”).

  • Accepting the Terms

    By using the information, tools, features and functionality located on jobspeaker.com (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the jobspeaker.com website) or are a “Member” (which means that you have registered with Jobspeaker). The term “you” or “User” refers to a Visitor or a Member. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.

    If you or your organization are otherwise engaged with Jobspeaker through a subsequent or other agreement, that agreement shall control and supersede these Terms of Use with regard to those particular Services, and these Terms shall only apply to your use of the App.

    You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Jobspeaker. If you are not of legal age, your relationship with Jobspeaker may be governed by an agreement executed with your school, institution, or other organization with which you are affiliated.

    If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.

    You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of jobspeaker.com that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.

    We reserve the right to refuse a User’s access to the Service for any reason, at our sole discretion. In addition, at our sole discretion, we may suspend or terminate a User’s account for any reason. Such termination of your account will result in your loss of access to the Service. We will not be liable for any decision to suspend, terminate or refuse service under any circumstances.

    The Service is controlled and offered by us from our facilities in the United States of America. Except as indicated in these Terms and the Privacy Notice, we make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  • Privacy and your Personal Information

    For information about Jobspeaker’s data protection practices, please read Jobspeaker’s Privacy Notice, which is hereby incorporated into this Agreement. This policy explains how Jobspeaker treats your personal information when you access jobspeaker.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site

  • Description of the Service

    The Service is a job search management service that allows Members to find, research and access the people, companies and jobs that interest them on jobspeaker.com. Based on such information, the Service may also present information relating to third party products or services (“Jobspeaker Offers”).

    Some basic parts of the services (e.g. job searching for candidates) is provided to you by Jobspeaker without charge (it is free) and is meant to assist you in organizing and managing your job search. It is not intended to provide job transition, job search or career advice.

    Other parts of the Service (e.g. services provided to institutions and organizations) have a fee associated with them. We reserve the right, at any time, to change any fees or charges for Users (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change. We will charge you sales tax as applicable to the Service or any order placed through the Service, based on your billing address. In addition, you will be responsible for all other taxes, levies, duties or similar charges, only excluding taxes based on our income.

  • Your Account and Registration

    You can visit the public sections of the Service without identifying yourself or providing personal information. In order to access some features of the Service, you will have to create an Account. You may not have more than one (1) Account without Jobspeaker’s permission, and you must access the Service and non-public portions of the Website and App through your Account (Note: organizations engaged with Jobspeaker may have multiple users, but each User shall have their own login and Account). The security and confidentiality of your Account username and password is your sole responsibility. You shall ensure that no unauthorized person shall have access to your Account, username, or password and shall immediately notify Jobspeaker (at privacy@jobspeaker.com) of any unauthorized access or use of which you become aware. You agree to bear all responsibility and liability for all actions under or through your Account as well as all fees and/or charges incurred from the use of your Account, whether authorized or unauthorized. You may update your Account by changing the Account settings.

    All of your information and data provided to Jobspeaker in connection with registering for your Account (“Registration Data”) must be true, accurate, current and complete at all times. You must immediately update your Registration Data to keep it true, accurate, current and complete. If you do not keep Registration Data accurate, the accuracy and effectiveness of the Service to you will be affected.

    Notwithstanding anything to the contrary, you hereby authorize Jobspeaker to use and disclose Registration Data (i) as part of providing the Services, (ii) if required by applicable law, where necessary to enforce these Terms of Use and/or to protect any of Jobspeaker’s or other parties’ legal rights, (iii) in an aggregated form which does not include your identifying information, and (iv) as permitted by Jobspeaker’s Privacy Notice, You are solely responsible to obtain any necessary rights, authorizations and consents with respect to your Registration Data, including, without limitation, to grant the foregoing rights to Jobspeaker and its affiliates, contractors and suppliers. By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

    If you become aware of any unauthorized use of your Registration Information, you agree to notify Jobspeaker immediately at the email address – privacy@jobspeaker.com.

  • Online and Mobile Alerts

    Jobspeaker may from time to time provide automatic alerts and voluntary account-related alerts.Automatic alerts may be sent to you following certain changes made online to your Jobspeaker account, such as a change in your Registration Information.Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Jobspeaker may add new alerts from time to time or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.Electronic alerts will be sent to the email address you have provided as your primary email address for jobspeaker.com. If your email address or phone number changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.Because alerts are not encrypted, we will never include your passcode. However, alerts may include your jobspeaker.com Login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. You may disable future alerts at any time.

  • Rules for Posting and User Content

    As part of the Service, Jobspeaker allows Members to post content on bulletin boards, blogs and at various other publicly available locations on jobspeaker.com (“User Content”). We maintain a helpful FAQ at https://jobspeaker.com/faqs/ that helps to explain how to use and to navigate our forum boards. In addition, you agree in posting content to follow certain rules.You are responsible for all content you submit to jobspeaker.com as well as the manner in which you engage with other’s User Content.User Content is the sole responsibility of the User that submitted that User Content. Jobspeaker does not control User Content generated or provided by Users and is under no circumstances responsible or liable in any way for any User Content that is made available through the Services. Jobspeaker does not endorse any User Content, and does not warrant or guarantee the integrity, truthfulness, accuracy or quality of any User Content. Jobspeaker reserves the right (but is not obligated) to edit or remove any User Content in whole or part, at any time and for any or no reason. You agree that Jobspeaker is not liable for any loss or damage of any kind resulting from availability, access and/or use of any User Content.

    You further agree that the User Content that you may generate or provide through the Services shall be truthful and not misleading. You acknowledge and agree that your submitted User Content will be made available to other Users of the Services (subject to the features of the Service which may restrict what Users can view and access of your Content). You hereby grant to Jobspeaker and its affiliates, contractors, and suppliers a nonexclusive, perpetual, irrevocable, world-wide, royalty-free, assignable and sublicensable (through multiple tiers), license to reproduce, copy, use, host, store, sublicense, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display, including digitally or electronically, your submitted User Content and your name, voice and likeness (to the extent they are part of the User Content), (i) in connection with the Services, as specified under Third Party Licenses and/or for the interoperation of any third party products, (ii) if required by applicable law, where necessary to enforce these Terms of Use and/or to protect any of Jobspeaker’s or other parties’ legal rights, (iii) in an aggregated form which does not include your identifying information, and (iv) as permitted by Jobspeaker’s Privacy Notice. You are solely responsible to obtain any necessary rights, authorizations and consents with respect to your submitted User Content, including, without limitation, to grant the foregoing rights to Jobspeaker and its affiliates, contractors and suppliers.

    When posting User Content, you must abide by the following rules:

    • You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person.
    • You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
    • You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
    • You may not interfere with other User’s use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of jobspeaker.com, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
    • Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
    • You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.

    Jobspeaker will not tolerate violations of intellectual property rights on the Service. If you are a copyright owner and believe that any content available via the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). To provide Jobspeaker notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of dmca@jobspeaker.com that sets forth the information specified by the DMCA (seehttp://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.

  • Your Registration Information

    You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.”

    By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

    If you become aware of any unauthorized use of your Registration Information, you agree to notify Jobspeaker immediately at the email address – privacy@jobspeaker.com.

     

  • Jobspeaker’s Intellectual Property Rights

    The contents of jobspeaker.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of jobspeaker.com belong or are licensed to Jobspeaker or its software or content suppliers. Jobspeaker grants you the right to view and use jobspeaker.com subject to these terms. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content obtained through the Service for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.  You shall not challenge or assist any third party to dispute or challenge Jobspeaker’s or its licensors’ ownership of such rights or the validity or enforceability of such rights. Jobspeaker expressly reserves all rights not expressly set forth in these Terms of Use.

  • Prohibited Uses

    In addition to uses otherwise prohibited by Jobspeaker, these Terms of Use, or other applicable law, you shall not, and you shall not allow any third party, to do any of the following:

    • Change or delete any copyright or proprietary notices from the Services.
    • Use the Service other than as permitted by these Terms of Use and that you will not use the Service in a manner inconsistent with the original intent of its design.
    • To impersonate or attempt to impersonate Jobspeaker, a Jobspeaker employee, another authorized User, or any other person or entity.
    • Access or use the Services to send unsolicited commercial messages to any person, or to threaten, harm or harass another User’s Account, use and/or access of the Services, including, but not limited to, attempting to gain access to another User’s Account.
    • Access or use the Services by artificial means or in a manner that, in Jobspeaker’s sole discretion, would inflict an excessive load on Jobspeaker’s or its suppliers’ hardware or software.
    • Post, upload or transmit: (i) any data, content or materials meant to market or advertise services or products that are competitive with the Services, solicit any other Users of the Services for such purposes and/or use data, content or materials gathered from the Services for such purposes, (ii) any data, content or materials of any type that infringe or violate any rights of any party, including, but not limited to, any patent, copyright, trademark, trade secret or any proprietary or other right of Jobspeaker or a third party, (iii) any data, content or materials that are illegal, threatening, obscene, defamatory, harmful, invasive to privacy or otherwise violate the rights of Jobspeaker or a third party, and/or (iv) any disabling code (defined as computer code designed to interfere with the normal operation of the Services or Jobspeaker’s or a third party’s hardware or software) or any program routine, device or other undisclosed feature, including, but not limited to, a time bomb, virus, software lock, drop-dead device, malicious logic, worm, Trojan horse or trap door which is designed to delete, disable, deactivate, interfere with or otherwise harm the Services or Jobspeaker’s or a third party’s hardware or software.
    • Use the Services for any benchmarking, monitoring or testing availability or performance, or any other competitive use, including, but not limited to, creating services, products or software that are substantially similar to the Services.
    • Decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure or organization), modify or create a derivative work of the Services by any means whatsoever.
    • Distribute, disclose or allow use of any portion of the Services or your Account in any format through any timesharing device, service bureau, network or by any other means, to or by any third party.
    • Use or access any data, content or materials for any purpose or in any manner other than real-time viewing (which prohibits, for example, screenshots, downloading and storing) unless expressly permitted by the features of the Services.
    • Use or access the Services or any data, content or materials provided through the Services in violation of international, federal, state or local law or other applicable rules or regulations (including, without limitation, any laws regarding the export of data or software to and from the US and other countries). If you access the Services from outside the United States, you do so at your own risk and responsibility for compliance with laws of your jurisdiction.
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determine by us, may harm Jobspeaker or Users of the Service or expose them to
  • Disclaimer of Representations and Warranties

    THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH jobspeaker.com OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. Jobspeaker MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF jobspeaker.com OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.Jobspeaker MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON jobspeaker.com OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Jobspeaker MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

  • Not a Mentor, Recruiter, Coach or Career Advisor

    NEITHER Jobspeaker NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, CAREER OR JOB ADVICE. Jobspeaker IS NOT A MENTOR, RECRUITER, COACH, OR CAREER ADVISOR. The Service is intended only to assist you in your job search and decision-making and is broad in scope. Your personal career situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any career strategy, you should consider obtaining additional information and advice from your coach, mentor or other career advisers who are fully aware of your individual circumstances.

  • Alert Disclaimer

    You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Jobspeaker does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Jobspeaker shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

  • Limitations on Jobspeaker’s Liability

    Jobspeaker SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO jobspeaker.com, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF Jobspeaker HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, Jobspeaker’s LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

  • Your Indemnification of Jobspeaker

    You shall defend, indemnify and hold harmless Jobspeaker and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

  • Modifications

    Jobspeaker may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the jobspeaker.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

  • Governing Law and Forum for Disputes

    This Agreement, and your relationship with Jobspeaker under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with Jobspeaker, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of California within the county of Santa Clara, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Jobspeaker may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Jobspeaker is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.You also acknowledge and understand that, with respect to any dispute with Jobspeaker, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

  • Termination

    Jobspeaker may terminate or suspend your account or ability to use the Site, in whole or in part, at Jobspeaker’s sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you breach the Terms of Use or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing your account, the Site, or any other related information.

    You may terminate the Terms of Use at any time by closing your account, discontinuing your use of any and all parts of jobspeaker.com, and providing Jobspeaker with a notice of termination under the “Profile” section with the sub-topic “Close my account”.

    All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

  • Miscellaneous

    If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.You agree that if Jobspeaker does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Jobspeaker has the benefit of under any applicable law), this will not be taken to be a formal waiver of Jobspeaker’s rights and that those rights or remedies will still be available to Jobspeaker.This Agreement represents the entire understanding and agreement between you and Jobspeaker regarding the subject matter of the same, and supersedes all other previous agreements.

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