Introduction

Welcome to JobTarget. JobTarget, LLC and its affiliated companies (collectively, “JobTarget”) provides this Website and its Service to you (both defined below), subject to the following Terms and Conditions of Use (“Terms”). Please read this page carefully. Your use of this Website or Service constitutes your agreement to the Terms as well as our Privacy Policy, which is incorporated by reference into these Terms. You acknowledge and agree that by registering, accessing, or using our Service that you are entering into a legally binding contract with JobTarget (the “Agreement”). If you do not agree with our Terms or Privacy Policy, please do not use this Website or any associated Service. These Terms contain important provisions, including requirements to arbitrate claims on an individual basis (for Job Seekers, see Dispute Resolution, and All Other Users, see Dispute Resolution) and limitations of liability.

You / Users

JobTarget works with many different types of users, some looking for jobs, some looking to hire employees, and others. For your convenience, we have split our Terms into different sections to address each audience/role separately. Please review the section below specific to you and your use of our systems and Service:

General Terms – Applicable to all types of users below.

Job Seekers – Individuals using the JobTarget Websites or Service to look for work opportunities and/or use job search and career management tools (“Job Seeker”)

Employers / Recruiters – Organizations, individuals that work for those organizations, or any user using the JobTarget Websites or Service to look for individuals to hire to do work and/or use the Recruitment Tools and/or Recruitment Platform (“Employer”).

All Other Users – Organizations, individuals that work for those organizations, or any user using JobTarget Websites and/or Online Services (“All Other Users”).

Definitions

  • Account Administrator – The designated user(s) of a company using the Websites or Recruitment Platform, who is responsible for administrative functions on the account.
  • Content – All information, data, job applications, jobs, resumes, events, announcements, photographs, graphics, video, messages or other materials created on or uploaded to the Service.
  • Cookies – Small text files that JobTarget may place on your browser. You can learn more about Cookies and how we use them in our Cookie Policy within our Privacy Policy.
  • JobTarget – A Connecticut based Limited Liability Company and owner/provider of the Websites and Service.
  • Employer Account – A login account for the Service created by, or on behalf of, an Employer.
  • Job Seeker Account – A login account for the Service created by, or on behalf of, a Job Seeker.
  • Recruitment Platform – An online system provided by JobTarget to Employers to manage their use of the Websites and Service
  • Recruitment Tools – Tools used by Employers/recruiters to manage their search, advertising, and engagement with potential hires.
  • Website(s) – Any websites hosted or controlled by JobTarget, including jobtarget.com, click2apply.net, and recruitsite.com.
  • Service(s) – The Websites and related services and technologies that JobTarget develops, provides, and manages in the recruitment, advertising, and job search markets, including APIs, tracking technologies, and other software code and systems used in conjunction with third party partners. The Service may, from time to time, also include any third-party system or service that interacts with JobTarget’s systems.
  • Privacy Policy – This is an online agreement that is presented to all users explaining how JobTarget collects, uses, shares, stores, and deletes users’ personal data.
  • User Consents – A user’s grant or denial of permission to collect, store, use, and/or share and delete data or Content.

GENERAL TERMS FOR ALL USERS

Governing Law and Venue

Subject to and without waiving the arbitration provision below, this Agreement shall be exclusively governed by and construed in accordance with the laws of Connecticut without regard to its conflict of law principles, and the proper venue for any judicial action arising out of or related to this Agreement shall be the state and federal courts located in Stamford, Connecticut (a “Court of Competent Jurisdiction”). You and JobTarget stipulate to, and waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process. If you reside outside the U.S. and bring a Claim against JobTarget outside the U.S., applicable laws may authorize you to bring a Claim against JobTarget, which shall be brought in your individual capacity, in the forum where you reside.

Copyrights and Trademarks

This Website, as a whole, is copyrighted as a collective work, and individual works appearing on or accessible through this Website are likewise subject to copyright protection. You agree to honor the copyrights in this Website (including the selection, coordination and arrangement of the contents of this Website) and in the works available on or through this Website. You may download and maintain single copies of designated materials for your personal use only or as directed in any partnership/affiliate agreement.

In addition, trademarks and trade dress belonging to us or to others appear on or are accessible through this Website. The fact that we have permitted you access to this Website does not constitute authorization to reproduce our trademarks or trade dress for any other purpose.

Subject to your compliance with this Agreement, JobTarget grants you a non-exclusive, non-sublicensable, revocable, non-transferable, limited license to access and use the Service as intended by the Service and this Agreement. This license allows you to use the Service, but it does not allow you to reproduce, duplicate, copy, modify, sell or otherwise exploit any portion of the Service without the prior express written consent of JobTarget. All rights not expressly granted in this Agreement are reserved by JobTarget.

Security / Access

Users may not access, collect, record, alter or interfere with account data that does not belong to them. Any attempts or successes at violating another user’s data or privacy shall result in breach of this Agreement and may result in termination and legal proceedings

Prohibited Uses

This Website and the Service may not be used for any illegal or unlawful purposes. JobTarget reserves the right to terminate usage by any user that JobTarget deems questionable. Prohibited uses include, but are not limited to:

You shall not enter data that is knowingly inaccurate, incomplete or false.

You shall not enter data that does not belong to you.

You shall not enter data for another user.

You shall not post or transmit any content that violates the copyright, privacy, confidentiality, publicity or intellectual property rights of any person/entity or that reveals any information that should be known to be confidential or proprietary.

You shall not upload anything that may cause excessive strain on our systems and networks.

You shall not use our Services for anything other than their intended uses.

You shall not post (or link to) anything threatening, abusive, pornographic, discriminatory, or anything that does not meet the standards determined, solely and exclusively, by JobTarget.

You shall not use our Service with the intent of hurting, damaging, destroying, or otherwise infringing on the stability and usefulness of our Service

You shall not upload anything that is designed to damage the systems (ex. Viruses, Trojan horses, worms, time bombs, etc.) or designed to crack the system or extract protected data.

You shall not distribute what JobTarget defines as protected materials to any third party. This may include contact data, passwords, discounts, etc. This includes the sharing of protected data with other users.

You shall not utilize data from the Website in an attempt to bypass the Website’s security and extract protected data from outside sources.

You shall not aggregate, package, spider, collect, or display any of the content on this Website without the express written consent of JobTarget.

You shall not copy, duplicate or use any of the coding, markup language, or software that comprises the Website or any of its Service. None of these items may be reverse-engineered or duplicated for any purpose.

Changes/Modifications

JobTarget may modify this Agreement at any time upon posting a new version via the Website or by other notice to you. You should review this Agreement periodically. Your continued access to or use of the Website or Service Constitutes acceptance of modified provisions. This Agreement may otherwise only be modified by a writing signed by both parties.

Termination of Services / Access

We reserve the right to change the contents of this Website or to discontinue or change the Service at any time, as well as the right to deny access to the Website to any person whom we have reasonable grounds to believe may be using the Website for an unlawful or unauthorized purpose or in a manner that may harm us. JobTarget shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service made available through this Website. Sections intended to survive, including regarding dispute resolution, disclaimers, limitations of warranties and liability, intellectual property (other than your license to use the Service), and miscellaneous terms, shall expressly survive any termination of this Agreement.

Accounts

To use parts of the Service, you must use an account. You represent and warrant that all account information you provide is current, complete, and accurate and that you will update that information as necessary. You are responsible for maintaining the confidentiality of your account information, and you agree to notify JobTarget immediately of any unauthorized use of your account. We reserve the right to refuse, suspend, or terminate your account and license to use the Service, or take such other action as we deem necessary, in our discretion at any time for your suspected or actual breach of this Agreement or any applicable law.

Children

JobTarget Websites and Online Services are not intended for children under the age of 18.

Third-Party Websites; Disclaimers and Limitations of Warranties and Liability

This Website makes no guarantees as to the accuracy or truthfulness of any data posted on our Websites or Service. Any damage incurred by reliance upon this information is not the responsibility of JobTarget or its affiliates or partners. By using our Service, you assume all responsibility for and risk arising from your use of and reliance upon the contents or information provided. JobTarget makes all reasonable efforts to ensure that the Service complies with the laws in effect in all jurisdictions where the Service may be offered. That said, there are complex, evolving and occasionally conflicting requirements of these laws.

References and links to products and services belonging to third parties are provided for your convenience and do not represent our endorsement of such products or services. Materials accessible from or provided to us by third parties, including, though not limited to, job listings, applications, resumes, or comments posted in discussion groups, are strictly the responsibility of the third party who added such materials or made them accessible. While we reserve the right to monitor third-party discussions and to remove materials that we believe are inappropriate, we do not assume any obligation to do so and disclaim any liability for failing to take such action.

You assume all liabilities and risks associated with your interaction with individuals you come in to contact with through the usage of our Service. We do not have the means to ensure that everyone is who they claim to be. We make no guarantees as to the legitimacy or accuracy of any job postings, resumes, profile or any type of postings or information we deliver. Therefore, you agree to release JobTarget from liability resulting from any damages or occurrences resulting from the usage of our Websites or Service, or those of our partners and users.

OUR SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY INFORMATION CONTAINED ON, ACCESSIBLE THROUGH OR DERIVED BY YOU FROM THE WEBSITES AND WITH RESPECT TO ANY PRODUCTS OR SERVICES DELIVERED. WE LIKEWISE DISCLAIM ANY AND ALL LIABILITY TO YOU ARISING OUT OF INTERRUPTION OR DAMAGE TO YOUR COMPUTER SYSTEM OR SOFTWARE AS THE RESULT OF ACCESSING OR OTHERWISE USING THIS WEBSITE OR OUR SERVICE. WE NEITHER WARRANT NOR REPRESENT THAT THE SERVICE OR INFORMATION PROVIDED WILL ENABLE YOU TO ACHIEVE ANY PARTICULAR RESULT OR OUTCOME, LEGAL, ECONOMIC, EDUCATIONAL, OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING LOST REVENUES, LOST PROFITS, OR LOSS OF DATA ARISING OUT OF YOUR USE OF THIS WEBSITE OR OUR SERVICE. IN THE EVENT THAT ANY OF THE FOREGOING LIMITATIONS AND DISCLAIMERS IS INEFFECTIVE, YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU SHALL BE THE AMOUNT LISTED IN SECTION “LIABILITY LIMITATION”.

IN NO EVENT SHALL JOBTARGET, ITS OWNERS, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, OR FAILURE TO MEET ANY DUTY (INCLUDING GOOD FAITH, REASONABLE CARE, NEGLIGENCE, OR OTHERWISE), REGARDLESS OF THE FORESEEABILITY OF THE LOSS OR DAMAGES OR NOTICE OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE LOSS OR DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER THEORY OR FORM OF ACTION. YOU AGREE THAT THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN JOBTARGET AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. WITHOUT LIMITING OTHER PROVISIONS, IN NO EVENT WILL JOBTARGET OR ITS AFFILIATED ENTITIES OR AGENTS BE LIABLE TO YOU FOR ANY CLAIMS EXCEEDING USD $500 OR THE AMOUNT YOU PAID TO US IF GREATER.

Some jurisdictions may not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations may not apply to you.

Assumption of Risk; Indemnification

You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify JobTarget and its parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and assigns (who shall be third-party beneficiaries of this provision) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages, loss, or harm, whether to you or to third parties, relating to your Content, actions, or use of the Service.

DMCA Policy

JobTarget respects the intellectual property rights of others and as such, we follow the notice and takedown procedures in the Digital Millennium Copyright Act (“DMCA”). If you believe Content located on or linked to by the Service violates your copyright, please immediately notify us by emailing us a takedown notice (“Infringement Notice”), providing this information: (a) a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; (b) an identification of the copyright claimed to have been infringed; (c) a description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit JobTarget to find and positively identify that material; (d) your name, address, telephone number, and email address; and (e) a statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf. Infringement Notices should be sent to privacy@jobtarget.com with the subject line “DMCA Notice.” You may also contact us at 860-440-0635 or by mail at 600 Summer Street, 5th Floor, Stamford, CT 06901. JobTarget will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material. If we take action in response to an Infringement Notice, we will make a good faith attempt to contact the person or entity who made the Content available. Under the DMCA, you may be held liable for damages based on material misrepresentations in your infringement Notice. You must also make a good-faith evaluation of whether the use of your content is a fair use; fair uses are not infringing. If you are not sure if content located on or linked to by the Service infringes your copyright, you should first contact an attorney. If you believe we have disabled your content in error, you may submit a counter notice under the DMCA.

Miscellaneous

This Agreement is the entire agreement between JobTarget and you concerning the Service. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. Should any part of this Agreement be declared invalid, void, or unenforceable by the arbitrator or Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and this Agreement is severable. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of JobTarget. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Except where expressly stated herein, there are no third-party beneficiaries to this Agreement. The headings in this Agreement are for convenience only. These Terms apply to the fullest extent permitted by applicable laws. You may have other rights and remedies not outlined above. These Terms and any offers are void where prohibited. Neither party will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond that party’s reasonable control, including “acts of God,” labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, pandemics, epidemics, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

JOB SEEKERS

Postings / Submissions

This Website makes no guarantees as to the level of success you may achieve by using the Service. You may not be entitled to any refund, rebate or retribution for usage that you determine to be unsuccessful.

We make no guarantee that information you submit will be received, delivered, and/or displayed as intended. Computer outages, software failure and other technical and non-technical issues may cause temporary outages that we cannot be held liable for.

All Content is the sole responsibility of the person or entity from whom such Content originated. This means that you, and not JobTarget, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via JobTarget Websites and Service. JobTarget is solely a platform for you to connect to employers.

The Service is non-exclusive; posted jobs are potentially available to review by all job seekers, and job seeker resumes and applications are potentially available to all employers, even if you select to apply to a specific job posting. JobTarget does not author any Content provided by any user, nor does JobTarget have any control over the use of any such Content by any third parties who may access it, and JobTarget disclaims any liability to any user arising from such Content and or/use.

Each Job Seeker acknowledges and accepts that once Content is published to the internet and/or redistributed to a third-party, including when you apply for a particular job, that JobTarget no longer manages such Content. You acknowledge and agree that your job application and related information and Content may be viewable and used by other employers and that JobTarget has no obligation (and may be unable) to remove your job Content once it has been submitted to or accessed by any other party.

You acknowledge and agree that by submitting Content through the Service, you are considered a registered user of the Service. By submitting or otherwise providing any Content, you expressly grant, and represent and warrant that you have a right to grant, to JobTarget, a royalty-free, sublicensable, transferable, irrevocable, non-exclusive, worldwide license to use, reproduce, adapt, make derivative works of all such Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and to distribute such Content and/or make such Content available without limitation, including but not limited to, sharing such Content with employers and recruiters. This license continues even if you stop using the Service, subject to any applicable laws.

Content and Consents

JobTarget reserves the right to alter, edit, or remove any data/Content posted by you or on your behalf. Except as otherwise required by applicable law, any Content, job application, or interest submitted to an employer, including through any direct application or by submitting Content as a registered user, will continue to remain in each employer’s, and their agent’s, possession; this will remain true, even after deleting your data in JobTarget. If you do not agree to this, then do not submit job applications or state interest in jobs through the Websites or Service.

You may control your User Consents from within your Job Seeker Account. You may also, if applicable, exercise your privacy rights from within your Job Seeker Account or by making an explicit request to Privacy Policy.

Dispute Resolution

Arbitration Provision. If you and JobTarget cannot resolve a Claim through informal negotiations, the Claim shall be finally and exclusively resolved by binding arbitration. “Claim(s)” means any claim or dispute between the parties and/or their parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and/or assigns (who shall be third-party beneficiaries of this arbitration provision) arising out of or related to this Agreement or the Service. This arbitration provision is reciprocal, and any election to arbitrate by one party shall be final and binding on the other. This arbitration provision, including the interpretation and enforcement of this provision, shall be governed by the Federal Arbitration Act and federal arbitration law. The scope of this arbitration provision is to be given a fair interpretation to the fullest extent permitted by applicable law and not strictly against either party.

The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under its applicable rules, as modified by this arbitration provision. The parties shall each participate in the selection of a neutral arbitrator. If JAMS is unavailable to arbitrate, you and JobTarget agree to arbitrate using an alternative arbitral forum. All remedies available to the parties under applicable laws shall remain available in arbitration. All issues, including the interpretation and enforceability of this arbitration provision, shall be determined by the arbitrator. Unless you and JobTarget agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence, provided that either party may elect to have the arbitration conducted by video conference or telephone. If you initiate arbitration against JobTarget, you will be required to pay an initial fee (unless you qualify for a waiver), and all other arbitration costs shall be paid as determined by the arbitrator. If JobTarget initiates arbitration against you, it shall pay all costs associated with the arbitration. Regardless, you and JobTarget will each pay your own attorney’s fees and costs unless an award of attorney’s fees is available under applicable statute. This arbitration provision does not limit any rights you may have under applicable statutes, including any rights to file a claim on an individual basis in small claims court or to seek a “public injunction.” The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may seek relief in a Court of Competent Jurisdiction (defined below) to stay proceedings pending arbitration, to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator, or for injunctive relief in aid of arbitration. You agree that without this provision, you would have the right to sue in court with a jury trial.

Waiver of Class Actions. YOU AND JOBTARGET (INCLUDING ANY THIRD-PARTY BENEFICIARIES) MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND JOBTARGET AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY’S CLAIMS; AND THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THE INDIVIDUAL CLAIMS. 

Electronic Communications

By providing your email address or communicating with us or using the Service, you expressly consent to receiving communications from JobTarget which may contain job opportunities and/or other marketing or promotional messages. Providing consent to promotional communications is not a condition of purchasing any goods or services. You can unsubscribe from marketing communications at any time by following the unsubscribe instructions in each communication or by contacting us at jobseekerhelp@jobtarget.com. If you unsubscribe from advertising content, we may still send you non-promotional communications, such as updates to our Terms or our Privacy Policy.

EMPLOYERS / RECRUITERS

Postings / Submissions

This Website makes no guarantees as to the level of success you may achieve by using the Service. Certain third-party partners may make such performance guarantees with the approval of JobTarget. Otherwise, you may not be entitled to any refund, rebate or retribution for usage that you determine to be unsuccessful.

We make no guarantee that information you submit will be received, delivered, and/or displayed as intended. Computer outages, software failure and other technical and non-technical issues may cause temporary outages that we cannot be held liable for.

All Content is the sole responsibility of the person or entity from whom such Content originated. This means that you, and not JobTarget, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via JobTarget Websites and Service. JobTarget is solely the platform.

The Service is non-exclusive; posted jobs are potentially available to review by all job seekers, and job seeker resumes are potentially available to all employers. Moreover, job seekers retain ownership and control of their information and may submit applications or other Content to multiple employers or through the Service generally as a registered user. JobTarget has no knowledge of or control over any Content provided by any user, nor does JobTarget have any knowledge or control over the use of any such Content by any third parties who may access it, and JobTarget disclaims any liability to any user arising from such Content and or/use.

Each Employer acknowledges and accepts that once Content is published to the internet and/or redistributed to a third-party that JobTarget no longer controls such Content. You acknowledge and agree that JobTarget has no obligation (and may be unable) to remove your job postings once they have been accessed by any other party, including job boards.

By submitting or otherwise providing any Content, you expressly grant, and represent and warrant that you have a right to grant, to JobTarget, a royalty-free, sublicensable, transferable, irrevocable, non-exclusive, worldwide license to use, reproduce, adapt, make derivative works of all such Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and to distribute such Content and/or make such Content available without limitation. This license continues even if you stop using the Service.

Content and Consents

You are solely responsible for complying with all laws and regulations relating to your Content, including any job postings for Job Seekers. It is the Employer’s sole responsibility to refrain from posting or using Content that violates applicable laws, including Title VII of the Civil Rights Act, the Equal Employment Opportunity Commission (EEOC)’s regulations, and state or other laws prohibiting discrimination of applicants. Under the Communications Decency Act, Section 230, JobTarget is solely a platform, and not the publisher or speaker, of such Content.

JobTarget reserves the right to alter, edit, or remove any data/Content posted by you or on your behalf. If the Service was purchased by your employer, the employer paying for such Service has the right to control access to and get reports on your use of such paid Service.

You may control your User Consents from within your Employer Account. You may also, if applicable, exercise your privacy rights, by making an explicit request to your Account Administrator, who has the responsibility and authority to remove data from within the Recruitment Platform. For questions or further assistance, email privacy@jobtarget.com.

ALL OTHER USERS

Postings / Submissions

This Website makes no guarantees as to the level of success you may achieve by using the Service. You may not be entitled to any refund, rebate or retribution for usage that you determine to be unsuccessful.

We make no guarantee that information you submit will be received, delivered, and/or displayed as intended. Computer outages, software failure and other technical and non-technical issues may cause temporary outages that we cannot be held liable for.

All Content is the sole responsibility of the person or entity from whom such Content originated. This means that you, and not JobTarget, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via JobTarget Websites and Service. JobTarget is solely the platform.

Every user acknowledges and accepts that once Content is published to the internet and/or redistributed to a third-party that JobTarget no longer controls such Content. You acknowledge and agree that JobTarget has no obligation (and may be unable) to remove your job Content once it has been accessed by any other party.

By submitting or otherwise providing any Content, you expressly grant, and represent and warrant that you have a right to grant, to JobTarget, a royalty-free, sublicensable, transferable, irrevocable, non-exclusive, worldwide license to use, reproduce, adapt, make derivative works of all such Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and to distribute such Content and/or make such Content available without limitation. This license continues even if you stop using the Service.

Content and Consents

JobTarget reserves the right to alter, edit, or remove any data/content posted by you or on your behalf. You may, if applicable, exercise your privacy rights, by making an explicit request to JobTarget at privacy@jobtarget.com. For more information, see our Privacy Policy. For more information, see our Privacy Policy.

Dispute Resolution

Arbitration Provision. “Claim(s)” means any claim or dispute between the parties and/or their parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and/or assigns (who shall be third-party beneficiaries of this arbitration provision) arising out of or related to this Agreement or the Service. This arbitration provision is reciprocal, and any election to arbitrate by one party shall be final and binding on the other. This arbitration provision, including the interpretation and enforcement of this provision, shall be governed by the Federal Arbitration Act and federal arbitration law. The scope of this arbitration provision is to be given a fair interpretation to the fullest extent permitted by applicable law and not strictly against either party.

The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under its applicable rules, as modified by this arbitration provision. The parties shall each participate in the selection of a neutral arbitrator. If JAMS is unavailable to arbitrate, you and JobTarget agree to arbitrate using an alternative arbitral forum. All remedies available to the parties under applicable laws shall remain available in arbitration. All issues, including the interpretation and enforceability of this arbitration provision, shall be determined by the arbitrator. Unless you and JobTarget agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence, provided that either party may elect to have the arbitration conducted by video conference or telephone. If you initiate arbitration against JobTarget, you will be required to pay an initial fee (unless you qualify for a waiver), and all other arbitration costs shall be paid as determined by the arbitrator. If JobTarget initiates arbitration against you, it shall pay all costs associated with the arbitration. Regardless, you and JobTarget will each pay your own attorney’s fees and costs unless an award of attorney’s fees is available under applicable statute. This arbitration provision does not limit any rights you may have under applicable statutes, including any rights to file a claim on an individual basis in small claims court or to seek a “public injunction.” The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may seek relief in a Court of Competent Jurisdiction (defined below) to stay proceedings pending arbitration, to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator, or for injunctive relief in aid of arbitration.You agree that without this provision, you would have the right to sue in court with a jury trial.

Waiver of Class Actions. YOU AND JOBTARGET (INCLUDING ANY THIRD-PARTY BENEFICIARIES) MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND JOBTARGET AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY’S CLAIMS; AND THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THE INDIVIDUAL CLAIMS.