Effective Date: March 01, 2022
You represent and warrant that you are an individual of at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. If you are agreeing to these terms on behalf of an entity, you represent and warrant that you are authorized to do so. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. Any use of the Sites other than for the purpose of locating employees or employment opportunities is strictly prohibited and a violation of these Terms and Conditions. We will use reasonable efforts to ensure that the Sites and Services are available twenty-four hours a day, seven days a week. However, there may be occasions when the Sites and/or Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by us to minimize such disruption where it is within our reasonable control. You agree that we will not be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the sites, the services, your user content (as defined herein) or other content.
To open an account to access the Services (an “Account”) you will be asked to provide a unique login ID and password. (However, you need not open an Account to access the Services.) All information you provide to your Account must be accurate and complete, including your real name and certain information about your work and life experiences, and keep your Account information updated. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your Account. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of or cancel a username at its discretion. You shall be responsible for maintaining the confidentiality of your Jabord password. You hereby irrevocably authorize us to disclose your personally identifiable information at the request of any state or federal agent or in response to any judicial process (including, without limitation, a subpoena). You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
For purposes of these Terms and Conditions, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).
Some features of the Services allow you to provide content (“User Content”) to the Services, such as a detailed career profile, profile picture, video profile, video cover letter, work samples, and resume information, which will be made available as part of your profile on our, Applicant Tracking System (“ATS”) and/or our clients ATS to enable you to apply to specific positions. For example, you can upload an existing resume or create a resume on our Services (your “Jabord Resume”)
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. Think carefully before uploading any personal information. Do not provide sensitive financial or medical information or a government issued id (E.G., social security number, driver’s license or passport). Do not upload any information that does not belong to you or, if owned by someone else, you don’t have permission to use and distribute. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
The Services may contain Content specifically provided by us, our partners or licensees or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Subject to these Terms and Conditions, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services and for any other reason expressly granted to such user. Use, reproduction, modification, distribution or storage of any Content for other than such permitted purposes is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right, unless such right is expressly granted by us to you.
You hereby do and shall grant each user of the Sites and/or the Services who has access to your User Content, a non-exclusive, perpetual license to (i) access your User Content through the Sites and/or the Services, solely for internal employment and hiring purposes, and (ii) use, reproduce, distribute, prepare derivative works of, display and perform such User Content, solely for internal employment and hiring purposes, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
We do not guarantee that any Content, including User Content, will be made available on the Sites or through the Services. We reserve the right to, but do not have any obligation to remove or block any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms and Conditions).
To the extent you are an employer or recruiter, you agree and acknowledge that:
1. you will only submit job postings that are accurate, true, not deceptive or misleading, and fully in compliance with all applicable federal, state and local laws including but not limited to those related to intellectual property rights, data privacy, advertising, employment agencies, labor and employment, government contractors, and employment non-discrimination;
2. you will only submit job postings for actual available jobs and that such jobs are fully in compliance with all applicable federal, state and local laws;
3. you will not submit job postings with unlawful requirements, including any required or requested information from candidates;
4. you will not submit job postings that include any form of advertisement, promotion or endorsement, other than promotion of the job itself;
5. you will not submit job postings that require any form of upfront payment or referrals to other candidates;
6. you take sole responsibility for the form, content and accuracy of your job postings;
7. you take sole responsibility for any and all hiring decisions;
8. you fully comply with all applicable federal, state and local laws in any activity related to the Services and your use of the Services;
9. you will contact candidates through the Sites only in relation to the Services;
10. you will cease contact with any candidate who has requested not to be contacted;
11. you will maintain the confidentiality of any candidate materials submitted through the Sites or Services and comply with all applicable privacy laws; and
12. we make no warranties as to the accuracy, truth, or security of candidate materials submitted through the Sites or Services.
To the extent you are a candidate, you agree and acknowledge that:
The Services may permit you to link to or access other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet through a link from the Sites or Services, you do so at your own risk. These third party resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, security, products, services or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. You hereby irrevocably waive any claim against the Sites or Jabord with respect to such websites and third-party content.
Certain of our Services, including the Jabord Premium Subscription for Candidates and those services set forth in the Jabord Master Subscription Agreement (“JMSA”), may be subject to payments now or in the future (the “Paid Services”). Please see our Sites for a description of the product and pricing of current Paid Services offered online. Pricing, discounts, promotions and other conditions for the Paid Services are subject to change without notice and in our sole discretion.
Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement. Paid Services may otherwise be subject to the terms of the JMSA rather than this Agreement.
This section 9(2) applies to all Paid Services except for those governed by a JMSA. We use a designated third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your Account on the Services (your "Billing Account") for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. Also, you can change your Payment method at any time on your Account. We reserve the right to correct any errors or mistakes that Payment Processor makes even if it has already requested or received payment. Do not provide any payment information directly to Jabord.
This section 9(3) applies to all Paid Services except for those governed by a JMSA. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand and before accessing the Paid Services. Jabord is not responsible for the policies and practices of the Payment Processor.
This section 9(4) applies to all Paid Services except for those governed by a JMSA. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. We may process periodic charges (E.G., monthly) without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. To terminate your authorization or change your payment method, go to your account on the services.
This section 9(5) applies to all Paid Services except for those governed by a JMSA. You agree to provide current, complete and accurate information for your billing account. You further agree to promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you agree to promptly notify us or our payment processor if your payment method is canceled (e.G., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made through your account. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above.
This section 9(6) applies to all Paid Services except for those governed by a JMSA. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. When we may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
We may terminate your access to all or any part of the Services in our sole discretion at any time, with or without cause, with or without notice, effective immediately, and which may result in the forfeiture and destruction of all information associated with your membership.
If you wish to terminate your Account (including by deleting the information in your Account), you may do so by following the instructions on the Sites or through the Services or by sending an email to us at firstname.lastname@example.org. Any fees already paid as of the date of Account termination are non-refundable. Upon termination of your account, your right to use the Services, access the Sites and any Content will immediately cease.
When you terminate your Account, the following conditions will apply:
All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms and Conditions, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
To the fullest extent allowed by law, we disclaim any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on the sites and services. By using the sites or services, you acknowledge that we are not responsible or liable for any harm resulting from (1) use of the services; (2) downloading information contained on the services; (3) unauthorized disclosure of information or data that results from the upload, download or storage of user content; (4) the temporary or permanent inability to access or retrieve any user content from the sites or services, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program; (5) content posted in any forum or community area of the services; and (6) unauthorized disclosure of information or data that results from the upload, download, or storage of any content. In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services for (i) any loss of profits, data, employment opportunities, user content or other intangibles, or for cost of procurement of substitute goods or services, or for special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (even if advised of their possibility), substitute goods or services (however arising), (ii) damages for unauthorized use, non-performance of the sites, errors or omissions, (iii) damages related to downloading or posting content, (iv) any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (v) any direct damages in excess of (in the aggregate) of the greater of (a) fees paid to us for the particular services during the immediately previous three (3) month period or (b) $300.00.
You agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to these terms of service, your use of the services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the american arbitration association's rules for arbitration of consumer-related disputes and you and we hereby expressly waive trial by jury; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of new york. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court.
You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. You are giving up your right to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations. You also agree not to participate in claims brought in a private attorney general or representative capacity lawsuit or consolidated claims involving another person's account, if we are a party to the proceeding.
This dispute resolution provision is governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Services must be filed within one (1) year after such claim of action arose or be forever banned.
This arbitration agreement will survive the termination of your relationship with us.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will remain effective.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, not including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms and Conditions shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York.
You must be at least 18 years old to register for an Account and access and use the Sites and Services.
We reserve the right, in our sole discretion, to modify or replace at any time any of these Terms and Conditions, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Sites or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will endeavor to timely provide notice of modifications, it is also your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Services following notification of any changes to these Terms and Conditions constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms and Conditions in effect at the time of such use.
Contact. You may contact us at the following address: Jabord Inc., 1 Rockefeller Plaza, 10th Floor, New York, NY 10020, Attn: Legal Dept.