Thank you for your interest in Jobjet. The following terms and conditions apply to all users who use Jobjet services (defined below).
This Service Agreement (this “Agreement”) is a legal agreement between (“Customer”, “User”, “Users” ) and Jobjet, Inc. (“Jobjet”, “we”, “us”, “our”) for the cloud based recruiting platform operated by Jobjet and accessible through the website operated by Jobjet at app.jobjet.com or any successor to such site (collectively, the “Services”). Each time you use a Jobjet Services, you reaffirm your acceptance of the then-current Terms of Service. If you do not wish to be bound by these Terms of Service, you may discontinue using Jobjet Services. You cannot use Jobjet Services until you have accepted these Terms of Service. You may not use the Services or accept this Agreement if (a) you are not of legal age to form a binding contract with Jobjet; or (b) you are prohibited by law from receiving or using the Services. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case “you” or “your” or “Customer” shall refer to such entity. The Services may be subject to a subscription or other agreement, posted guidelines, rules or terms of service made available by Jobjet from time to time (collectively, the “Additional Terms”), which are incorporated herein by reference. If there is any conflict between this Agreement and the Additional Terms, this Agreement shall take precedence in relation to the Service.
As used in this Agreement, the capitalized terms listed below shall have the following meanings:
- “Authorized User” shall mean any individual who is an employee of Customer authorized by virtue of such individual’s relationship to, or permissions from, Customer, to access the Services pursuant to Customer’s rights under this Agreement.
- “Documentation” means the documentation and other materials in written or electronic form provided to Customer by Jobjet in connection with Customer’s use of the Services.
- “Enhancements” shall mean the following: minor modifications, revisions and corresponding Documentation with respect to the Services, including the addition of enhancements or improved performance made available by Jobjet to the Services; however, Enhancements shall not include the addition of significant new features not originally included as part of the Services.
- “Maintenance Modifications” means bug fixes, patches, modifications or revisions to the Service that correct errors therein.
- “Services” means Jobjet’s cloud based recruiting platform that is operated by or on behalf of Jobjet and that is available and accessible through the Site, including any Enhancements, Maintenance Modifications and corresponding Documentation.
- Subject to the terms and conditions contained in this Agreement, Jobjet hereby grants to Customer a nonexclusive, nontransferable license, during the term of this Agreement, to access and use, and to permit each Authorized User to access and use, the Services, solely for Customer’s own internal business purposes and solely for its intended purpose, in accordance with the specifications set forth in any Documentation. Jobjet shall provide the Customer with (a) support for the Services as outlined in Jobjet’s current support terms and (b) Enhancements and Maintenance Modifications as they become available. Each Authorized User must sign up and create a login ID and password (“Log-In Information”) in order to access the Services. If Customer wishes to add additional Authorized Users, Customer may order additional LogIn Information from Jobjet by detailing the number of additional LogIn Information needed. If Jobjet accepts the request, and subject to payment of any applicable fees, Jobjet will enable Customer’s ability to generate LogIn Information for the applicable additional Authorized Users.
- Customer may not (a) rent, loan or relicense rights to access and/or use the Services (except as specifically provided herein); (b) modify, disassemble, decompile, or reverse engineer software included as part of the Services; (c) share identification or password codes with persons other than Authorized Users or permit Customer’s account to be accessed by individuals who are not Authorized Users; or (d) use the Services in any way not expressly provided for in this Agreement. Customer shall be responsible for all activities that occur under Customer’s account, including any acts or omissions of Authorized Users. Customer shall notify Jobjet of any unauthorized use of Customer’s passwords or account or any other breach of security that is known or suspected by Customer. Customer shall abide by all applicable local, state, national and foreign laws and regulations in connection with its use of the Services.
- All data submitted or created by Customer in connection with its use of the Services (“Data”) shall belong to Customer, provided however that Customer hereby grants to Jobjet a perpetual, nonexclusive, royalty free, transferable right and license, with the right to sublicense to third parties, to access, use, reproduce, modify, display, distribute, create derivative works of and otherwise commercially exploit the Data for the purpose of providing the Services to the Customer, and, provided that such information is aggregated and anonymized and does not specifically identify Customer, to provide services to its other customers, improve its service offerings and expand Jobjet’s database of information.
- Jobjet retains the right to limit the number of Candidate Profiles to ensure quality of the Hound by Jobjet product.
CHANGES TO TERMS OF SERVICE.
Jobjet may change this Agreement from time to time at its sole discretion, and if Jobjet makes any material changes, we will notify you by sending you an email to the last email address you provided to us and/or posting the revised Agreement on the Site. Any material changes to this Agreement will be effective upon the earlier of the dispatch of the email notice to you or the date of posting of notice of the changes on the Site and shall be evidenced by the Revision Date shown above. These changes will be effective immediately for new users of the Service. Jobjet may require you to provide consent to the updated Agreement before further use of the Services is permitted. Otherwise, your continued use of the Services constitutes your acceptance of the changes. Please regularly check the Site to view the current Agreement.
LIMITATION OF USE.
You may use Jobjet Services for personal, lawful purposes only. You may not use Jobjet Services in any manner that (1) violates or infringes in any way upon the rights of others, (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, or otherwise objectionable, (3) encourages conduct that would constitute a criminal or other offense, (4) gives rise to civil liability, or (5) otherwise violates any applicable local, state, federal or international law, ordinance including any regulations requirements, procedures or policies in force from time to time, or any right of any third party, including without limitation, any right of privacy or publicity. You also may not undertake any conduct that, in Jobjet’s judgment, restricts or inhibits any other user from using or enjoying Jobjet Services.
You may not use Jobjet Services to determine a consumer’s eligibility for credit or insurance for personal, family or household purposes, employment or a government license or benefit or for any other purpose governed by the FCRA (Fair Credit Reporting Act).
You will not collect content or information, or otherwise access Jobjet Services using automated means (such as bots or scrapers) without our prior permission.
- Customer shall pay, and, if applicable, Jobjet shall have the right to charge to Customer’s credit card, the applicable fees as set forth in Jobjet’s standard price list, the current version of which is available at the Company Account setting at app.jobjet.com. All payment obligations are noncancelable and all amounts paid are nonrefundable. Customer must provide Jobjet with a valid credit card or other authorized payment method as a condition to signing up for the Services. Jobjet reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least thirty (30) days prior notice to Customer, which notice may be provided by email. Jobjet will automatically bill the credit card submitted in signing up for the Services for each paid feature or functionality of the Service requested by Customer. Customer agrees to provide Jobjet with complete and accurate billing and contact information.
- The prices stated in Jobjet’s quotations are exclusive of any federal, state, or other governmental taxes, duties, fees, or tariffs now or hereafter imposed on the Service. Customer shall be responsible for, and if necessary reimburse, Jobjet for all such taxes, duties, fees, excises, or tariffs, except for taxes imposed on Jobjet’s net income.
You are responsible for paying all applicable taxes and other costs, however called, imposed by any applicable Federal, state or local or foreign government or regulatory authority in connection with your use of the Services, whether such is imposed now or later by the applicable authority, even if such imposition occurs after the receipt or use by you of the Services or the termination or expiration of the License. You are responsible for paying all hardware and software costs and providing all equipment and software necessary to connect to Jobjet’s web site, servers and network and to use the Services via the Internet and any royalties or other charges relating to the use of data owned by third parties.
You are responsible for obtaining and maintaining the equipment and connectivity services (e.g. telephone, cable, internet etc.) necessary to access and use the Jobjet Services and for any charges, telephone or other, associated with connecting to the Internet to use the Services. Such charges may vary upon your location, access number and may include long distance telephone charges.
RESTRICTIONS ON ACCESS.
You may access Jobjet Services only through the interfaces and protocols provided or authorized by Jobjet. You agree that you will not access Jobjet servers and Services through unauthorized means, such as unlicensed software clients.
All proprietary rights in the Service will remain in and be the sole and exclusive property of Jobjet. Customer hereby also grants Jobjet the perpetual, nonexclusive, royalty free, transferable right and license, with the right to sublicense to third parties, to use, reproduce, modify, display, distribute, create derivative works of and otherwise commercially exploit any suggestions, ideas, feedback or other recommendations provided by Customer relating to the Services. Jobjet may use Customer’s name and/or its logo on Jobjet’s website and in its marketing materials to indicate that Customer is a client of Jobjet. Customer shall provide written consent prior to usage of any Customer logo or trademark.
Any unsolicited materials submitted or sent to Jobjet will be deemed to be not confidential or secret. By submitting or sending information or other material to Jobjet you:
(a) Warrant that you have all rights of any kind to the material and that to the best of your knowledge no other party has any rights to the material; and
(b) grant Jobjet an unrestricted, perpetual, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the material, and you further agree that Jobjet is free to use any ideas, know-how, concepts or techniques you send us for any purpose, without any compensation to you or any other person.
- Limited Warranty. Jobjet represents and warrants that it will provide the Services and perform its other obligations under this Agreement in a professional and workmanlike manner, substantially consistent with general industry standards. The information provided as part of the Service is believed to be accurate but Jobjet does not guarantee its accuracy.
- Disclaimer. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, JOBJET DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED. JOBJET EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. JOBJET DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE SHALL BE UNINTERRUPTED OR ERROR FREE.
- Essential Basis of Agreement. The parties acknowledge and understand that the disclaimers, exclusions and limitations of liability set forth herein form an essential basis of the agreement between the parties, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose), and that absent such disclaimers, exclusions and limitations of liability, the terms and conditions of this Agreement would be substantially different.
DISCLAIMER OF WARRANTY.
YOUR USE OF JOBJET SERVICES IS AT YOUR SOLE RISK. JOBJET SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
WITHOUT LIMITATION OF THE FOREGOING, JOBJET AND ITS VENDORS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, INTEROPERABILITY, OR CONTENT OF THE SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. JOBJET AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN JOBJET SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF JOBJET SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN JOBJET SERVICES WILL BE CORRECTED. JOBJET AND ITS VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF JOBJET SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. JOBJET PROVIDES JOBJET SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE JOBJET SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT JOBJET WILL HAVE ADEQUATE CAPACITY FOR JOBJET SERVICES AS A WHOLE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. JOBJET DOES NOT WARRANT OR GUARANTEE THAT ALL VERSIONS SHALL BE PROVIDED WITH SIMILAR GRADES AND LEVELS OF SERVICE, FEATURES, FUNCTIONALITY AND THE ABILITY TO USE THE SERVICE. JOBJET DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PROGRAM OR PORTION OF THE SERVICE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT THE FUNCTIONS OR SERVICES PERFORMED BY JOBJET WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO ISOLATE THE INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR OTHER INFORMATION OBTAINED FROM THE SERVICE OR OTHER USERS, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
IN NO EVENT WILL JOBJET, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA, LOSS OF GOODWILL, OR INFORMATION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE JOBJET SERVICES, EVEN IF JOBJET SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE SERVICE OR BY THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, JOBJET’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. JOBJET’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH JOBJET (INCLUDING WITHOUT LIMITATION YOUR USE OF JOBJET SERVICE) IS TO DISCONTINUE YOUR USE OF JOBJET SERVICES. JOBJET DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH JOBJET PRODUCT PRODUCTS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES
The Terms of Service and the relationship between you and Jobjet shall be governed by and construed under the laws of the State of California, excluding California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Los Angeles County, California, USA.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding on-line conduct and privacy. Specifically, you agree to comply with all applicable laws regarding privacy and privacy invasion which apply in the country in which you reside.
You agree to defend, indemnify and hold harmless Jobjet, its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of your use of Jobjet Services. Jobjet reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, and only in such event, shall you have no further obligation to provide indemnification for Jobjet in that matter.
Jobjet has the right to terminate your access to Jobjet Services for any reason, including, without limitation, if it, at its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Service (either directly or through breach of any other terms and conditions or operating rules applicable to you). Jobjet may, but shall be under no obligation to, provide you a warning prior to termination of your use of Jobjet Services.
- Term. The term of this Agreement will commence on the Effective Date and will continue for the term chosen by the Customer during signup, unless earlier terminated by either Customer or Jobjet as set forth below.
- Termination by Customer. If Customer wants to terminate its use of the Services, Customer may do so by notifying Jobjet at any time or by closing its accounts for the Services. Customer’s notices should be sent, in writing, to Jobjet’s address set forth below.
- Termination by Jobjet. Jobjet may at any time terminate Customer’s use of the Services if Customer (a) has breached any provision of this Agreement; (b) Jobjet is required to do so by law; (c) the provision of the Services to Customer by Jobjet is, in Jobjet’s opinion, no longer commercially viable; or (d) Jobjet has elected to discontinue the Site or the Services.
- Effect of Termination. Upon any termination of this Agreement, all rights and obligations of Customer for the Services, including all licenses granted to Customer hereunder, shall immediately terminate and Customer will immediately discontinue all use of the Services and any Jobjet Confidential Information and within ten (10) days after the effective date of termination of this Agreement, pay to Jobjet all amounts due and payable under this Agreement. In addition to any rights that accrued prior to termination, the provisions of SECTION 3.3, 19.4, 7 through 29 shall survive any termination of this Agreement.
- Suspension of Service. If Customer fails to pay undisputed amounts in accordance with the terms and conditions hereof, Jobjet shall have the right, in addition to any of its other rights or remedies, to suspend the Services to Customer, without liability to Customer until such amounts are paid in full. Jobjet shall provide Customer 5 days notice prior to Suspension of Service.
- Data Portability and Retention. Customer may request a download of all their data at anytime. Jobjet will provide the Customer with the data within two (2) business days of the request. Should the Service be suspended or terminated, Jobjet shall provide Customer with a link to download their data and will retain a copy of the Customer data for a period of one (1) month after which it will be permanently removed from the Service.
3RD PARTY SITES AND SERVICES.
Third parties may offer from time to time applications or services to access Jobjet Services. Your use of such third-party applications will be at your own risk and subject to the terms and conditions of those third-parties. Jobjet does not represent and warrant that access and use of Jobjet Services through these third-party applications will be compatible, uninterrupted, error free, without defects or that you will be able to access Jobjet Services at all times and locations of your choosing. You also agree that Jobjet is under no obligation to provide you with any error corrections, updates, upgrade, fixes and/or enhancements to make Jobjet Services accessible through these third-party applications.
The Jobjet service may provide, or third parties may provide, links to World Wide Web sites or other Internet resources. Any third-party sites to which Jobjet Services may link are not under control of Jobjet. Jobjet does not have any responsibility or liability for any information, data, communications, materials or other content available on such third-party sites or any changes or updates to such sites. Jobjet is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Jobjet of the site
You agree to comply with all export and import laws and restrictions and regulations of the United States or any foreign agency or authority, and not to export, re-export or import the Services or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. For example, you may not export or re-export any commodities, software, or technical data received from Jobjet, or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. Government unless properly authorized. As applicable, each party shall obtain and bear all expenses and responsibility relating to any necessary licenses and/or exemptions with respect to its own export or re-export of the Services from the U.S.
ELECTRONIC DELIVERY POLICY.
Jobjet, as an online business, transacts with its users electronically. WHEN YOU SIGN UP FOR ANY JOBJET PRODUCT, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM JOBJET ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY, “NOTICES”). You agree that Jobjet generally can send you electronic Notices in either or both of the following ways: (1) to the e-mail address that you provided to Jobjet during registration or (2) on a welcoming screen or top page of the relevant Jobjet Product. The delivery of any Notice from Jobjet is effective when sent by Jobjet, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. Your only method of withdrawing consent to receive Notices electronically is to terminate any subscriptions, services or other products provided under these Terms of Service.
The Jobjet name, logo, and other Jobjet related properties are trademarks of Jobjet. All other trademarks appearing on Jobjet services are trademarks of their respective owners.
This License constitutes the entire understanding between Jobjet and you with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby.
Failure or delay of Jobjet to exercise or enforce any rights or provision of the License does not constitute a waiver of such right or provision.
All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of this License, including without limitation all of your representations, warranties and indemnification obligations.
PROVISIONS UNENFORCEABLE OR INVALID.
Should any part of this License be held invalid by any court or tribunal, such invalidity shall not affect the validity of any remaining part, which will remain in full force and effect as if this License had been executed without that part having been held to be invalid.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this agreement. Jobjet may transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
This policy was last modified on November 9, 2016.