Acceptable Use Policy
Welcome to the JobsInTheUS.com network, where we are devoted to providing employers and job seekers with a dynamic product, available in online, website and/or mobile platforms, where interested parties can undertake searches and connect (the "Products").
As such, it is our philosophy and everyday business practice to strive to create around our Products an atmosphere of trust and credibility between employers and job seekers.
Accordingly, adherence to our Acceptable Use Policy (these "Terms and Conditions"), by both our employers and job seekers, and their agents, is essential to maintaining the trust and credibility of all users of the Products.
Acceptable Use Terms & Conditions
This document states the Terms and Conditions by which you may use our Products and post user-generated content (job postings and resumes).
Please read these provisions carefully. If you do not agree to the Terms and Conditions stated here, do not use the Products. By accessing the Products, you indicate and signify that you have read, understood, and agree to be bound by these Terms and Conditions, whether or not you are a registered user of our Products.
JobsInTheUS, Inc. (the "Company"), the sole owner/operator of the websites, may revise these Terms and Conditions at any time. You should visit this page periodically to review the Terms and Conditions. Your continued use of the Products after any changes to these Terms and Conditions constitutes your acceptance of the new and revised Terms and Conditions. If you do not agree with any of the Terms and Conditions at any time, either as stated presently, or as same may be revised or amended from time to time, do not use or access (or continue to access) the Products. This agreement applies to all employers, candidates, recruiters, visitors, agents, and others who may access any of the Products.
The terms "User," "Job Seeker," "Job Seekers," "Employer" and "Employers," as used herein, refer to all individuals and/or entities accessing and using any of the Products for any reason, and any agents of any of the foregoing. The terms "Employer," "Employers" apply to an individual, a company or an otherwise legally recognized entity which has legitimate job openings in the state in which they are posting a job, or any agent of any of the foregoing, that seeks to advertise itself and/or its legitimate job openings on any of the Products. The terms "Job Seeker," "Job Seekers" apply to an individual(s) seeking information about companies and/or job openings which are advertised by an Employer on any of the Products.
Use of Our Service
You may use the Products only if you are at least eighteen (18) years of age and can form a binding contract with the Company, and only in compliance with these Terms and Conditions and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Products by anyone under 18 is strictly prohibited and in violation of these Terms and Conditions. The Products are not available to any users previously removed from the Products by the Company. If you use the Products on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms and Conditions, and that you agree to these Terms and Conditions on the entity's behalf. The Products give you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts or services for different types of users. You may never use another user's account without permission.
Acceptable Uses by Employers
The Products may be used for lawful purposes only by Employers, recruiters and their agents to serve legitimate hiring interests by posting their job openings. Employers and recruiters may conduct the following activities on or in relation to the Products:
- Create and maintain a company profile.
- Post job descriptions for legitimate job openings for hire.
- Search the job seeker resume database for hiring candidates.
- Contact job seekers of interest through the inquiry system in the employer account on the Products.
- Accept resumes and/or contact from job seekers by way of the Products' apply online feature or via other contact information on the employer's company profile and/or job posting.
- Upload photos or logos to the employer's company profile/job posting on the Products or link the employer's company profile/job posting on the Products to photos or logos on the employer's own website or related products.
- Link the employer's company profile/job posting on the Products to employment applications on the employer's own website or related products.
Prohibited Uses by Employers
The Company specifically prohibits the use of the Products by Employers, recruiters or their agents for any or all of the following activities (collectively, "Specific Prohibited Uses"):
- Registering as an employer on the site under false pretenses.
- Using the Products for any activity other than promoting your company and advertising your job openings or other authorized business on the Products.
- Registering under false names, pseudonyms, aliases or otherwise misleading company information.
- Posting jobs where the Employer is not registered as a legal entity.
- Posting franchise opportunities.
- Posting pyramid schemes.
- Posting jobs that require club membership, MLM (Multi-Level Marketing) or anything that requires recruitment of other members, sub-distributors or sub-agents.
- Business opportunities that resemble in fact or appearance any of the preceding three descriptions.
- Distributorship or other business opportunities which require an up-front investment or periodic payment.
- Psychic, pornographic, dating service, escort service or other similar telephone hotline jobs.
- Accessing the job seeker database or the resume database for purposes of solicitation of any kind beyond the intended use of normal employer - job seeker contact.
- Posting jobs under a company name not previously disclosed during the registration process. (Employers must fully and accurately list the legal name of your company at the time of registration, including subsidiaries and/or dba's under which you are registering your business. Employers may post a confidential or 'blind' ad. However, employers must use a current legal company name at the time of registration on the Products.)
- The Employer company profile is intended for information about the Employer. Posting specific job information inside the Employer company profile is prohibited.
As with all postings to the Products, the Company reserves the right to remove any postings of any kind that do not conform to the requirements and spirit of this Acceptable Use Policy.
Job Posting Policy
Only jobs from Employers legally registered in the State where the job is offered may be posted on the Products. Job postings by Employers that are not legally registered in the State will be removed and the Employer will be consulted.
Job postings may contain only one job title per posting.
Clarification: Posting Jobs That Do Not Have a Specific Location
Employers are accommodating an increasingly mobile and remote-access workforce and, consequently, are offering jobs that may not be tied to a specific location. The Company will permit the posting of jobs offered by legitimate Employers which are not tied to a specific location, with the following terms and conditions:
- Employers must continue to meet all requirements for Specific Prohibited Uses.
- The Employer must state in the job posting that the job does not have a specific location requirement.
- Examples of such jobs may include, but are not limited to: traveling sales person, account managers, and administrative or office support type work that can be performed remotely (e.g. from home) for an Employer.
As with all postings to the Products, the Company reserves the right to remove jobs that do not conform to the requirements and spirit of this policy.
Clarification: Posting Multi-Position Jobs
We recognize that Employers may seek to hire more than one person for the same position.
For example, an Employer may seek to hire more than one lab technician for a newly opened facility.
In this circumstance, the Employer may create one job posting on the Products, but may indicate in the job posting that it seeks to fill more than one position.
As always, Employers must continue to meet all requirements for Specific Prohibited Uses.
Prohibited Uses by Job Seekers
The Company specifically prohibits the use of the Products by job seekers for any or all of the following activities:
- Registering on any of the Products under false pretenses.
- Using the Products for any activity other than seeking information about Employers and job postings on the Products or other authorized activities on the Products.
- Registering under false names, pseudonyms, aliases or otherwise misleading personal information.
- Posting any resume or biographical information that is false, inaccurate or misleading.
- Any action that seeks to gather information about an Employer for any purposes other than those stated or inherently implied in these Terms and Conditions.
- Any action that seeks to harass, annoy or deny service to an Employer by means of abusive behavior or use of features of the Products for purposes other than that which they are specifically intended.
Additional Prohibited Uses - All Users
- Deleting or revising any material posted by any other person or entity.
- Using any device, software or practice to interfere or attempt to interfere with the proper working of the Products or any business activity being conducted on the Products.
- Taking any action which imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on any of the Products’ infrastructure.
- Disclosing or sharing your password to any of the Products with other persons or third parties or using your password for any unauthorized purpose.
- Using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search any of the Products other than the search engine and search agents available from the Company on the Products and other than generally available third party web browsers, such as Mozilla Firefox, Google Chrome and Microsoft Internet Explorer.
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising any portion of any of the Products in their parts or their entirety.
- Posting spam, chain letters or other unsolicited email.
- For any purpose that is illegal or in violation of any applicable law, rule, regulation or order.
- For any purpose that infringes upon a third-party’s intellectual property, publicity, privacy or other rights.
- For any purpose that discriminates against individuals, groups or organizations based on race, religion, sex, age, ethnicity, veteran status, sexual orientation, or gender identity.
- For any purposes related to gambling or gambling related operations.
- Posting advertising for alcohol or tobacco products.
- Collecting or harvesting any personally identifiable information from the Products, except as expressly permitted by the features of the Products.
- Using the Products for any commercial solicitation purposes.
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
In addition to these Terms and Conditions, any Employer, recruiter, job seeker, agent, or other visitor of any kind that accesses any of the Products, is also bound by the terms and conditions of our Unauthorized Database Mining Policy, which can be viewed below.
The Company reserves the right, but is not obligated, to reject and/or remove any content that the Company believes, in its sole and absolute discretion, violates any of the provisions of these Terms and Conditions.
User Content License Grant
You agree to defend, indemnify and hold harmless the Company and its successors, assigns, subsidiaries, affiliates, related companies and their respective past and present officers, directors, managers, agents, representatives, and employees (collectively, the “Company Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Products, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms and Conditions, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights (as defined herein); (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your content or any that is submitted via your account; or (vi) any other party's access and use of the Products with your unique username, password or other appropriate security code.
"Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
THE COMPANY DOES NOT GUARANTEE ANY RESULTS FROM USING THE PRODUCTS. THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE PRODUCTS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE PRODUCTS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE PRODUCTS.
THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE PRODUCTS OR ANY HYPERLINKED WEBSITE OR SERVICE, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THESE PRODUCTS. UNDER NO CIRCUMSTANCES WILL ANY OF THE COMPANY PARTIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PRODUCTS OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR PRODUCTS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCTS; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR PRODUCTS BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PRODUCTS; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. IN NO EVENT SHALL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE COMPANY HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Additional Terms & Conditions
We may, without prior notice, change the Products; stop providing the Products or features of the Products, to you or to users generally; or create usage limits for the Products. We may permanently or temporarily terminate or suspend your access to the Products without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms and Conditions, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms and Conditions.
You are solely responsible for your interactions with other users of the Products, including Job Seekers if you are an Employer and Employers if you are a Job Seeker.
The Company cares about the integrity and security of your personal information. We cannot, however, guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
The Company acts only as a medium for the posting and exchange of user-submitted information and expressly disclaims any responsibility for the content of such postings. The Company makes no representations with respect to, nor is it responsible for, the accuracy, completeness, reliability, legality or timeliness of any posting. The Company does not undertake, nor is it responsible for, screening potential or existing users, or reviewing, verifying or censoring postings prior to their posting to the Products. Further, the Company does not undertake, nor is it responsible for, screening or monitoring the use of the Products by users, or the exchange of information between users, whether conducted through the medium of any of the Products or through other means.
Because the Company acts only as a medium for the posting and exchange of information, the Company is not involved in the actual transactions between users. Accordingly, the Company has no control over the veracity, accuracy, safety, legality or other aspects of the postings, nor does it make any representations with respect to the reputation or legitimacy of any user, or with respect to the ability of any user to perform any promises made via any of the Products.
All users should be aware that use of the Products, as well as any similar medium, may involve risks to the user, including, but not limited to, risks of physical harm, misrepresentation and fraud. By using the Products, users acknowledge the risk of such harm, accept all responsibility therefore, and release the Company Parties from any responsibility or liability with respect to any and all harm or damage that may incur as a result of their use of any of the Products, as well as from and against all related liabilities, damages, claims, actions, demands, judgments, settlements, costs and/or expenses (including, but not limited to, reasonable out-of-pocket attorney’s fees and costs) in any manner or form related thereto.
Users are encouraged to report to the Company any suspected misuse of the Products or violation of these Terms and Conditions. The Company may investigate such complaints, but shall be under no obligation to do so. The Company reserves the right, in its sole discretion, to remove or refuse any posting, whether as a response to complaints by users or at its own initiative. Further, the Company reserves the right to prohibit use of the Products by any user who the Company deems, at its sole discretion, to have misused any of the Products, to have violated these Terms and Conditions, or otherwise to have acted illegally, fraudulently, dishonestly or deceptively in its use of the Products.
The Products may contain links to other websites owned and operated by third parties. These links are provided solely as a convenience to users and are not intended as an endorsement of such other websites. Further, the Company does not undertake, nor is it responsible for, screening, reviewing, verifying or in any other way investigating the content, ownership or any other aspect of these other websites. Users use these links solely at their own risk, and hereby release each of the Company Parties from any and all liability of any kind associated with their linking to other websites.
Copyright Statement and Use of Material
The contents of the Products, such as text, graphics, images, logos, button icons, software and other material, are protected under both United States and foreign copyright, trademark and other laws. All material is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement, assembly and display) of all content on the Products is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original material on any copy you make of the material (electronic or printed). You may not sell or modify the material or reproduce, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. The use of the material on any other website or in a networked computer environment for any purpose is strictly prohibited.
You shall not copy or adapt the HTML code that the Company creates or utilizes to generate its pages or content, which is also protected by the Company's copyright and other intellectual property interests.
The granting of access by the Company to any of the Products is not a transfer or license of any of the Products, their content or any other assets or intellectual property belonging to the Company or that the Company may allow any user to access as part of the Products. At all times, the Company maintains all ownership and rights over the Company’s Products and their content, and the associated customizations, and other materials and technologies associated with the Company’s Products, service and software. The Company retains the right to all content, code, data and other materials relating to the Products and created as a result of the usage of the Products, and their content and service. No user of any of the Products may realize economic or monetary benefit from any of the Products, or other assets of the Company, absent the Company’s prior written consent.
Users may not use the Company’s trademarks, trade names and other symbols without the Company’s prior written consent in each instance. Users undertake to refrain from registering any trademarks, trade names or symbols of the Company (or which are confusingly similar to them).
Violation of the Acceptable Use Policy
Any Employer, recruiter, job seeker, user, or agent found to be in violation of these Terms and Conditions may be removed from the Products and denied further access to or use of the Products, in the Company’s sole and absolute discretion.
Any Employer or recruiter removed from the Products for violating these Terms and Conditions will be deemed to have forfeited any and all payments previously made to the Company.
Employers may seek to re-subscribe to the Products and job seekers may seek re-instatement to the Products after demonstrating sufficient remedy of the violation. The Company reserves the right, in its sole and absolute discretion, to re-instate or continue to deny access to a former user.
These Terms and Conditions will be construed in accordance with the laws of the State of New York without regard to conflict of laws principles. Any user of any of the Products hereto agrees and consents to the exclusive jurisdiction and venue of the State of New York with respect to any proceedings arising out of or in connection with any of the Products.
In the event any term or provision of these Terms and Conditions is found by any court to be void or otherwise unenforceable for any reason, the remainder of these Terms and Conditions shall remain valid and fully enforceable as though such term were absent.
No waiver of any rights arising under these Terms and Conditions belonging to the Company shall be effective unless in writing and signed by the Company. No failure or delay by the Company in exercising any right, power or remedy under these Terms and Conditions shall operate as a waiver of any such right, power or remedy.
Nothing in these Terms and Conditions shall be construed to constitute or appoint the Company as the agent or representative of any user of any of the Products for any purpose whatsoever, or to grant to any user of any of the Products any right or authority to assume or create any obligation or responsibility, express or implied, for or on behalf of or in the name of the Company, or to bind the Company in any way or manner whatsoever.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
UNAUTHORIZED DATABASE MINING POLICY
Protecting Our Users
While JobsInTheUS.com realizes the importance of being able to search the database for resumes, it is imperative that we protect our job seekers from unsolicited contacts including phone calls, mail and e-mail, that are unrelated to the job search nature of our products. Our ability to continue to provide a meaningful service to both job seekers and employers requires that we remain diligent in ensuring that the needs of both parties are met, and not abused.
In order to protect our job seekers and registered employers, as well as the integrity of the JobsInTheUS.com website and mobile platform, JobsInTheUS.com maintains a stringent policy prohibiting unauthorized database mining, as well a general Acceptable Use Policy.
Policy Prohibiting Unauthorized Data Base Mining
The JobsInTheUS.com Policy Against Unauthorized Data Base Mining is as follows:
Employers and their agents may not engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the services provided by JobsIntheUS.com in any medium, including without limitation by any automated or non-automated "scraping"; and/or (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access said services in a manner that sends more request messages to the JobsInTheUS.com servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.
Any inquiries conducted must be on a qualified keyword search basis with keywords related only to your industry. Any inquiries performed to resumes that do not have industry related keywords are prohibited. Such inquiries will be flagged as unsolicited contacts and will be in violation of the JobsInTheUS.com Policy Against Unauthorized Data Base Mining.
JobsInTheUS.com exercises a zero tolerance policy to unauthorized communications to members of our applicant database. Any employer found in violation of the JobsInTheUS.com Policy Against Unauthorized Data Base Mining will be immediately denied access to the website and mobile platform.
Additionally, any employer denied access to the website and mobile platform for violating this policy will be deemed to have forfeited any and all payments previously made to JobsInTheUS.com.
Use Of Our Services
By accessing or using the JobsInTheUS.com website or mobile platform, you signify that you have read, understood and agreed to be bound by both the Policy Against Unauthorized Data Base Mining and Acceptable Use Policy, whether or not you are a registered user of our products or services.