You must be eighteen (18) years of age or older to visit or use the Site in any manner.
Copyright and Ownership
A. BILLING POLICIES
Certain additional services are offered on the site for a fee or other charge ("Purchased Service"). If youselect to promote a certain job on the site on a monthly basis (“Promoted Job”), you shall pay the monthly fee for every calendar month or portion thereof that the Promoted Job is viewable on the site. In the event you wish to remove the Promoted Job from the site and not be subject to the monthly fee, you must either (1) remove or disable the Promoted Job through your employer dashboard, or (2) provide notice in writing to us directing the Promoted Job be removed or disabled. Future monthly payments for the Promoted Job will cease starting with the first calendar month after the month in which the Promoted Job is no longer promoted on page.
We offer our users the option of entering into a subscription with us whereby all of a user’s job postings will be treated as Promoted Jobs on our site (“Subscription”) for a period of twelve months (“Subscription Term”). You agree that you will pay for such Subscription on a monthly basis for the duration of the Subscription Term. After the Subscription Term expires, your Subscription will continue on a month to month basis until you cancel.
If you elect to use any Purchased Service, you agree to the pricing and payment terms for such Purchased Service at the time it is purchased, and as we may update there from time to time. At any time and in Job Path’s sole discretion, We may revise or remove Purchased Services or add new Purchased Services for additional fees and charges or amend fees and charges for existing Purchased Services. Any change to the fees for Purchased Services shall become effective in the calendar month immediately following notice of such pricing change to you.
We may also provide certain Purchased Services via our third party partners (“Third Party Services”) and you agree that your use of such Third Party Services is subject to the contractual (including payment) terms presented by such third party. You further agree that we have no responsibility for the Third Party Services and your use of such services is entirely at your own risk.
C. PAYMENT INFORMATION; TAXES
All payments for Subscriptions and individually Promoted Jobs must be paid no later than the fifth day of every calendar month. Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys' fees) incurred by us in collecting delinquent amounts, except where the delinquent amounts are due to our billing inaccuracies.
All information that you provide in connection with a purchase of any Purchased Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with the Purchased Services at the prices in effect when such charges are incurred. You will pay any applicable taxes relating to such purchases or other monetary transaction interactions.
If at any time we are required by a taxing authority to pay any taxes not previously collected from you, you will promptly reimburse us for any such taxes (including applicable penalties and interest, if any) paid on your behalf upon written notice from us.
Site Access License
We grant you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Site or Content and not to download (other than as may be otherwise expressly allowed by us or permitted by law) or modify all or any portion of the Site or Content. This license does not allow any resale or commercial use of the Site or Content except as expressly allowed under written license agreement with employers for the purpose for which the Site is operated (“Employer Authorized Use”); any collection or use of any Content or any derivative use of the Site or Content; any downloading or copying of personal information except for Employer Authorized Use; or any use of data mining, robots, or similar data gathering and extraction tools. The Site and/or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
In addition, you are prohibited from attempting to or engaging in:
Any activity that imposes, or may impose in our sole discretion, an unreasonable or disproportionate load on the Site’s infrastructure, including without limitation, servers or networks connected to the Site;
Any activity that interferes or may interfere with the proper working of the Site, any activities conducted on the Site or any of the Site’s internal functions;
Reverse engineering, decompiling, disassembling, deciphering, or any method of attempting to derive the source code of the Site or any portion thereof;
The use of any datamining, data gathering, extraction, “scraping,” “crawling,” or “spider” techniques, robots, bots, other devices, processes or methods designed to improperly access, add to or download information from the Site;
“Flooding,” “spamming,” “mailbombing,” or “crashing”;
Uploading, transmitting, e-mailing, messaging, or otherwise making available or exposing us, our servers, hosts, networks or users to any viruses, worms, trap doors, timers, clocks, counters, time locks, time bombs, logic bombs, Trojan horses or other limiting code, design, instruction, or routines that are designed or intended to do any of the following either automatically or without intentional action: (a) alter, delete or interfere with any data, information, software or subsystems, (b) damage, destroy, disable, suspend the operation of, or alter the operation of any computer software, hardware or telecommunications equipment of ours or any user of ours, or (c) cause the Site or other software or components thereof to become inoperable or otherwise incapable of being used in the full manner for which they were designed or created;
The assessment, probing, scanning or testing of the system or network’s vulnerabilities or attempting to override, or overriding, the Site’s security components or authentication methods;
The entrance to any restricted areas, attempt to access or use, or the access or use of any Registration Data or accounts that do not belong to you, or the bypassing of any measures we may use to prevent or restrict access to the Site or any portion thereof;
The solicitation of login information, Registration Data or personally identifiable information from users;
The sharing of any login information or Registration Data with a third party or information of non-users without their consent;
Utilization of framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of ours, its content providers or its Affiliates;
The utilization of “mirroring” or other methods of simulating or replicating the Site;
The aggregation, copying, duplication, modification or adaptation of the Site, Contents or User Submissions, including without limitation expired job postings;
The creation of derivative works based on the Site, its content or components;
The collection, use, copying, posting, uploading, transmission, distribution, storage, transfer or destruction of Content or User Submissions in violation of any applicable law or regulation, including without limitation laws and regulations governing personal information;
The modification, duplication, licensing or sublicensing, publishing, rebranding, display, sale, re-selling, transfer or deletion of any Content or User Submissions;
The sending of promotions, unauthorized advertisements, “junk mail” or mass mailing, “spam,” “phishing,” “pyramid schemes,” “chain letters,” “club memberships” or other unsolicited communications via email, mail, phone calls or faxes to users or our personnel, contacting users that have requested not to be contacted by you, or sending unsolicited promotional materials or advertisements to distribution or group lists;
The forgery of headers or any part of the header information;
The posting or submission of inappropriate, inaccurate (including without limitation, uploading an image that is not your likeness or headshot, posting information that does not accurately reflect your biographical information, qualifications, positions and experience, or impersonating another person, living or dead or creating a false identity) or objectionable information, including without limitation content that is bigoted, defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety, or could cause harassment to any person, or display or include any links to indecent, pornographic or sexually explicit material of any kind, as determined by us;
The promotion or endorsement of misleading, false or illegal activities, including but not limited to the distribution or sale of illegal weapons, pirating of any media, the promotion or endorsement of unauthorized copies of a user’s copyrighted work;
The creation of profiles or content that promote escort services or prostitution;
The posting of information that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
The posting of information that you do not have the right to disclose under contractual or fiduciary relationships;
The posting of content that is password restricted or includes hidden pages or images, meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent;
Activities that abuse, harass or harm (or promote or incite the abuse, harassment or harm of) other users, groups, or companies, including without limitation sending communications that are unwanted;
The creation of a profile for anyone other than a natural person or posting a resume or applying for a job on behalf of another party;
The posting of more than one resume at a time;
The referral of any contact from an employer to an agent, agency or other third party;
Activities such as renting, leasing, loaning, trading, or selling or reselling your user access or monetizing any aspect of the Site;
Activities such as removing any copyright, trademark or other proprietary notices or any form of advertisement on the Site;
Activities such as infringing or using our brand, logo or trademarks; or
Activities related to monitoring or collecting or using the Site’s content for a competitive purpose.
In connection with any job posting, employers must post only opportunities for bona fide employment for traditional W-2 or 1099 employees and include sufficient detail to clearly and accurately describe the job opportunity and its requirements.
Employers are prohibited from posting the following:
Job opportunities that do not comply with applicable law or regulations, including but not limited to labor and employment, equal employment opportunity and employment, data privacy, data access and use, and intellectual property laws or regulations;
Jobs that require any of the following, unless otherwise required to comply with law, regulations, executive order, or government contracts:
Screening requirements that are not related to the job opportunity or are not legally required;
Job opportunities in countries that are subject to economic sanctions by the United States;
Job opportunities that sell, promote or advertise services, products;
Job opportunities related to modeling, acting, or entertainment agencies;
Job opportunities that require payments, recruitment of other members, pyramid schemes or “club memberships”;
Job opportunities that pay only commission unless the posting states that the job pays commission only and includes sufficient detail about the position;
Job opportunities that advertise sexual services;
Job opportunities related to the use of human body parts, including without limitation, egg donation or surrogacy;
Misleading, hidden or irrelevant keywords or information, including without limitation references to companies, colleges, universities, cities, states, towns or countries unrelated to the job opportunity;
Hyperlinks, unless approved in writing by us;
Inappropriate, inaccurate, false, misleading or objectionable information, including without limitation content that is bigoted, defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety, or could cause harassment to any person, or display or include any links to indecent, pornographic or sexually explicit material of any kind, as determined by us;
Job opportunities that promote or endorse a political party or agenda;
Job opportunities that that require users to provide information concerning his or her race or ethnicity, political or religious beliefs, trade union affiliation, physical or mental well-being, criminal history, or age.
Corporate Identification & Trademarks
All of our trademarks, service marks and trade names used herein (including but not limited to the corporate names and logos of ours, its names and designs of the Site, and any logos) are trademarks or registered trademarks of ours, our vendors, licensors or authorized employers. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify such trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without our prior written consent. The use of our trademarks on any other website or network computer environment is not allowed. You are granted a limited, revocable, non-exclusive, non-transferable right to create a link to any page of the Site so long as the link does not portray us, our content providers, our licensors or authorized employers or our or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use our logo(s) or other proprietary graphic or trademark as part of the link without express written permission. Except as expressly stated herein, no rights or licenses are granted hereunder.
Links to Third Parties & No Endorsement
The Site contains links to other web sites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by us of, or any affiliation with, or endorsement by, the owner of the linked site. We are not responsible for the contents, accuracy or use of any linked site, or any consequence of making the link. The Site may also include a tool that allows you to sign in or register using information from your account with a third party service, such as Facebook, Twitter, Pinterest, or Google. These third party services are unrelated to the Site, and your use of such third party services is subject to the terms and policies of those services.
You shall not use our name or any language, pictures or symbols which could, in our judgment, imply our endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
User submitted content (“User Submissions”) remains the intellectual property of the individual user. By posting your content on the Site, you expressly grant us a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. We may refuse or remove User Submissions for any reason and without notice. All User Submissions are deemed non-confidential and we shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
All User Submissions must comply with any additional guidelines posted on the Site, as applicable. User Submissions do not represent the views of us or any individual associated with us and we do not monitor, screen or verify this content. In no event shall you represent or suggest, directly or indirectly, our endorsement of User Submissions. We do not vouch for the accuracy or credibility of any User Submission nor take any responsibility or assume any liability for any actions you may take as a result of reading User Submissions on the Site. Through your use of the Site, you may be exposed to Content or User Submissions that you may find offensive, objectionable, harmful, inaccurate or deceptive. By using the Site, you assume all associated risks.
Account Registration and Security.
If you decide to register with the Site, you may receive or establish a user name, password and account. By providing your e-mail address, you agree to allow us to send you e-mail messages. In consideration of use of your registration, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the applicable registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and the intended use of the registration and Site. We have the right to provide user account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business).
Forums and Public Communication
using profanity in any communications with other users;
using the Site to find the location of any other user; or
stalking, harassing or threatening other users.
Any forum on the Site shall be used only in a non-commercial manner. You shall not, without our express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other users to join or become members of any commercial online service or other organization is expressly prohibited.
In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Representations and Warranties
We may suspend or terminate your access to all or any part of the Site, including without limitation your account, without notice, for any reason in our sole discretion, including without limitation our belief that such access would violate any applicable law or would be harmful to the interests of us or another user or after a significant period of inactivity. Upon termination, you will lose all access to the Site, Content and User Submissions thereon.
In the event that you have a dispute with one or more other users of the Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) 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.
Disclaimer and Limitation of Liability
Your use and browsing of the Site are at your own risk. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THE SITE, INCLUDING WITHOUT LIMITATION ANY SOFTWARE, TOOLS OR SERVICES OFFERED, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT TO THE EXTENT PERMITTED BY LAW. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION, SOFTWARE, TOOLS OR SERVICES CONTAINED ON THE SITE AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, QUALITY, AVAILABILITY, TIMELINESS OR ACCURACY OF SUCH CONTENT FOR ANY PURPOSE. WE DO NOT WARRANT THAT THE SITE, SITE FUNCTIONS OR SERVER WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVER THAT MAKES SUCH CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT THE SITE, ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR OTHER WEBSITES INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OR CONTENT OBTAINED FROM THE SITE THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH THE SITE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST BUSINESS, LOST JOBS, LOST OPPORTUNITIES, LOST PROFITS, OR LOST DATA, HOWEVER ARISING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED ONE THOUSAND DOLLARS ($1,000.00).
(b) Promptly after receipt by any Indemnitee of notice of the commencement of any civil, criminal, administrative or investigative action or proceeding involving a claim for which the Indemnitee will seek defense, indemnification or to be held harmless, the Indemnitee shall notify you of such claim in writing. The failure to so notify shall not relieve you of your defense, indemnification and hold harmless obligations unless you can show that it was materially prejudiced by such delay and then only to the extent of such prejudice. You shall have (i) sole control over the defense and disposition of such claim or threatened claim and (ii) the Indemnitee shall, at your reasonable request and at your sole cost and expense, provide reasonable cooperation and assistance to you in the defense and disposition of any such claim or threatened claim; provided, however, that you shall not settle any such claim or threatened claim in a manner that would require the Indemnitee to perform or not perform any action, without the Indemnitee’s prior written consent, or contains a stipulation to or admission or acknowledgment of, any liability or wrongdoing (whether in contract, tort or otherwise) on the part of Indemnitee, or otherwise adversely affects the Indemnitee’s rights or interest without the Indemnitee’s prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned; and provided, further, however, that the Indemnitee may at all times, with counsel of its choice and at it expense, monitor and participate in such defense and all related settlement negotiations.
Neither we nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond its or your reasonable control, including, without limitation: acts of God or public enemy, failure of suppliers to perform, fire, floods, storms, earthquakes, riots, strikes, war, and restraints of government.
This Agreement shall be governed by the laws of the State of New Jersey, excluding choice of law principles. By using the Site, you hereby consent to the non-exclusive jurisdiction and venue of the federal courts in New Jersey in any action arising out of or relating to the use of the Site. Except for matters of fact that must be tried by a jury under applicable law and where such a waiver may not be honored under applicable law, you agree to waive any right to have a jury participate in the resolution of any dispute or claim between you and us or any of their respective Affiliates arising under this Agreement.
If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Our failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right.
Additional terms and conditions may apply to the purchase of product and other uses of the Sites. By using any of the Sites, you agree to such terms and conditions.
These terms and conditions are the entire agreement between the user and us and supersede any prior understandings or agreements (written or oral).
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY
Consistent with the Digital Millennium Copyright Act, if you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our designated agent for notices of infringement and provide the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and e-mail address;
5. 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
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Any notice for claims of copyright infringement shall be addressed to our agent as follows:
JobPath Partners, LLC
5 Penn Plaza
New York, NY 10001