Terms of Service

THIS WEB SITE IS OPERATED BY JOBZLE, INC., A DELAWARE CORPORATION ("JOBZLE"). THE TERMS, CONDITIONS AND NOTICES IN THIS TERMS OF USE AGREEMENT (THE "TERMS") WILL GOVERN YOUR USE OF THE JOBZLE.COM WEBSITE (THE "SITE"). THEY ALSO PROVIDE NOTICE OF SOME OF JOBZLE’S POLICIES. BY ACCESSING AND USING THE SITE, YOU INDICATE YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE TERMS. PLEASE READ THEM CAREFULLY!

The use of the Site is offered to all Site Visitors, (the "Users"), only conditioned on the acceptance without modification of the terms, conditions and notices contained herein. If you do not agree to abide by these or any further Terms, do not use or access the Site. Any and all rights not expressly granted in these Terms are reserved by Jobzle. Your use of the Site means that you have read all of these Terms and agree to them. For further information relating to the legal issues contained in these Terms or problem reports regarding this service, please contact support@jobzle.com.

As used in these Terms, "we," "our," and "us" means Jobzle and "you" and "your" means the Users, unless otherwise indicated.

Modifications

Jobzle reserves the right to make changes to these Terms, as well as make changes to the Site. Any changes are effective immediately upon posting on the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and to review such changes.

Limited License

You are granted a non-exclusive, non-assignable and non-transferable license to use the Site only under these Terms. The Site may be used only for lawful, personal and noncommercial purposes by individuals seeking employment and employers seeking employees. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained on the Site.

This license is not a sale of any of Jobzle’s rights. The Site may be used only by you, and you may not rent, lease, lend, sub-license or transfer any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the website. You may not transfer to or store any data residing or exchanged over the Site in any electronic network for use by more than one user unless you obtain prior written permission from Jobzle.

If you violate any of these Terms, this limited license terminates automatically and you must immediately discontinue use of the Site and destroy all copies of any materials, content, or information that you may have obtained on or through the Site.

Intellectual Property and Site Content

Jobzle is the owner of all intellectual property rights in the Site. Material published by Jobzle on the Site may contain other proprietary notices or describe products, services, processes or technologies owned by Jobzle or third parties. Nothing in these Terms or in the Site shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of Jobzle or any third party, except as expressly set forth herein.

The deletion or alteration of any copyright or other proprietary notices from the Site is strictly forbidden. "Jobzle.com" and certain other names or logos are trademarks of Jobzle, and all related product and service names, design marks and slogans are the trademarks or service marks of Jobzle. All other product and service marks contained herein are the trademarks of their respective owners. The "look" and "feel" of Jobzle’s Site (including color combinations, button shapes, layout, design and all other graphical elements) are also Jobzle’s intellectual property.

All editorial content and graphics on the Site, as well as the HTML based computer programs used to generate pages, and the Site are protected by U.S. copyright laws and international treaties and may not be copied without the express permission of Jobzle, which reserves all rights. Re-use of any of Jobzle’s editorial content and graphics for any purpose is strictly prohibited without Jobzle’s prior written permission. Please direct any requests for permission to support@jobzle.com.

Please be aware that the information, software, products and services published on the Site may include inaccuracies, typographical errors or out-of-date information.

The Site may contain hyperlinks or other connections to Web sites operated by parties other than Jobzle, including but not limited to those of the Jobzle subscribing employers or its advertisers (individually or collectively, as the case may be, "Subscribers"). Jobzle does not control these Web sites and is not responsible for them, including for their availability, content or any viruses accessed through them. Jobzle’s inclusion of hyperlinks or other connections to such Web sites does not imply any endorsement of the material on them or any association with their owners or operators. Jobzle takes no responsibility whatsoever for the activities of job applicants or Jobzle Subscribers or those Subscribers’ respective hiring, recruiting or other practices (or any of the information posted or downloaded by them on the Site). Nothing on the Site shall be deemed to be an endorsement, representation or warranty with respect to any User, Subscriber, applicant or other third party, whether in regard to such party’s Web site, products, services or otherwise.

Eligibility

You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use the Site in any manner. By visiting the Site or accepting these Terms, you represent and warrant to Jobzle that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to Jobzle that you will use the Site in a manner consistent with any and all applicable laws and regulations.

Your Responsibilities.

You are solely responsible for all information you post on the Site or transmit to others. Such information includes employer account information, job postings, profile, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, or compilations ("Content").

You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms or by applicable law (including but not limited to any applicable export controls). It is YOUR RESPONSIBILITY to ensure that your use of the Site complies with these Terms, and to seek prior written permission from Jobzle for any uses not permitted or not expressly specified herein.

In connection with your use of the Site, you will not:

  1. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable that may invade another’s right of privacy or publicity;
  2. Impersonate any person or entity, including but not limited to, a Jobzle.com official or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
  4. Post or transmit any Content that contains a virus or corrupted data;
  5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
  6. Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
  7. Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
  8. Violate any applicable local, state, national or international law;
  9. Upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  10. Post any incomplete, false or inaccurate resume information or information which is not your own accurate application (living individual seeking employment on a full-time or part-time basis on his or her own behalf);
  11. Respond to any employment opportunity on the Site for any reason other than to apply for the job. Communications soliciting the employer's business by our competitors are prohibited;
  12. Post to the Site job listings for: work-from-home opportunities; barter or volunteer positions; deferred pay positions; multi-level marketing (MLM) jobs or positions that require a monetary investment by the job seeker;
  13. Post to the Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents;
  14. Delete or revise any material posted by any other person or entity;
  15. Print out or otherwise copy or use any personally identifiable information about employees or business information about employers. Unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and companies are prohibited; or
  16. Use the Site for any purpose that could damage, disable, or otherwise interfere with the operation of the Site or any other web site, or with any other person’s or entity’s use or enjoyment of the Site or any other web site.
  17. Post any jobs for any competitor of Jobzle.com or post jobs or other content that contains links to any site competitive with Jobzle.com
  18. Post jobs or content on Jobzle.com that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading
  19. Decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of Jobzle.com
  20. Post any content that: 1) promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous 2) contains restricted or password only access pages, or hidden pages or images 3) displays or links to pornographic, indecent or sexually explicit material of any kind 4) provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18 5) provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media; or 6) solicits passwords or personal identifying information from other Users.
Additional Employer Terms and Conditions:

By agreeing to these additional terms and conditions, an employer certifies that it has drafted the questions it is posting on the Site in good faith and with no intention of seeking any information that would violate any law, statute, or regulation issued by any federal, state, or local agency. The employer further certifies that it will not use the information that it obtains in violation of Title VII, as amended, the Age Discrimination in Employment Act, the American’s with Disabilities Act, or any other federal, state, or local statue, law, or regulation that protects applicants or employees from discrimination in employment and/or hiring decisions.

The employer agrees that should Jobzle be named as a defendant or respondent in any law suit, administrative charge, or any other proceeding arising out of the employer’s questions posted on Jobzle’s website or any employment practices associated with those questions, the employer will reimburse Jobzle for all attorneys’ fees, costs, and expenses Jobzle incurs in defending itself against such a lawsuit or charge. The employer agrees to indemnify Jobzle for any judgment for damages, costs, attorneys’ fees or any other expense issued against Jobzle as a result of the employer’s questions or its employment practices associated with those questions. The employer also agrees to reimburse Jobzle for any and all attorneys’ fees, costs, and expenses that Jobzle incurs in attempting to collect the amount for which the employer has agreed to indemnify or reimburse Jobzle.

The employer further certifies that Jobzle has played no role in drafting any of the questions that the employer is submitting for posting on the website. The employer agrees that should Jobzle.com request that any question or group of questions be removed from the website for any reason, the employer will promptly remove those questions or permit Jobzle.com to remove the questions.

No Professional Advice

None of the services, materials, content, or information available on or through the Site constitutes employment, career, financial, legal, or other professional advice. You are encouraged to obtain advice tailored to your situation from a qualified professional if you have any questions regarding any such matters.

Web Site Security Rules

Users are prohibited from violating or attempting to violate the security of Jobzle, including, without limitation, (i) accessing data not intended for such user or logging into a server or account which such user is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a Site or network or to breach security or authentication measures without proper authorization,(iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing", or (iv) sending unsolicited e-mails or messages, including promotions or advertising of products or services, or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of Site or network security may result in civil or criminal liability. Jobzle may investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Your Grants

Notwithstanding any terms in the Jobzle Privacy Policy, by submitting (e.g., uploading) Content to the Site, you automatically grant Jobzle the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify (to comport with the Site), adapt, publish, distribute, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation. In addition, you warrant that all so-called "moral rights" in the Content have been waived. Jobzle and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the Site. Without limiting the foregoing, Jobzle and its designees shall have the right to remove any Content that violates these Terms or is otherwise objectionable.

Please reference the Jobzle Privacy Policy for more information on Content, and specifically personal information.

Monitoring

Jobzle is under no obligation to monitor the information residing on or transmitted via the Site. However, you agree that Jobzle may monitor the Site Contents (1) to comply with any applicable laws, regulations or other government requests; (2) to operate the Site properly or to protect itself and its users and Subscribers; and (3) for such other purposes as it may deem reasonably necessary or appropriate from time to time. Jobzle reserves the right to modify, reject or eliminate any information residing on or transmitted to its Site that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions.

Information Collection

The very nature of the service Jobzle provides you requires that Jobzle gather, process, use and distribute information which you provide directly (e.g., name, physical address, e-mail address, resume), as well as information regarding the manner in which you use the Site. Jobzle cannot guarantee that your information will be prevented from being viewed by any particular party. We cannot control present or future action or inaction by any of the websites users. If you have directly submitted information and would like us to remove it from our database, please contact us at Kevin@jobzle.com and we will use reasonable efforts to delete your information from our then existing files. In addition, please reference the Jobzle Privacy Policy for more information.

Registration and Password

You are responsible for maintaining the confidentiality of your account, profile, passwords, and, as applicable, your billing account. You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your Site registrations and passwords, whether or not authorized by you. You agree to immediately notify Jobzle of any unauthorized use of your account, profile, passwords or Billing Account.

Warranty and Liability Disclaimers & Limitations

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET GENERALLY. THE SITE AND THE INFORMATION PROVIDED ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY JOBZLE, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL MODIFY THE FOREGOING OR CREATE ANY WARRANTY. JOBZLE EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE INFORMATION ON THE SITE OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US AS THE SITE PROVIDER FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR SITE. WE MAKE NO WARRANTIES WHATSOEVER THAT YOU WILL OBTAIN ANY JOB VIA THE SITE, NOR ANY WARRANTIES ABOUT (AND TAKE NO RESPONSIBILITY FOR) ANY JOB YOU MAY OBTAIN.

THE SITE PROVIDES A VENUE FOR INDIVIDUALS TO NETWORK AND JOBZLE DOES NOT SCREEN OR CENSOR PROFILES OR USER CONTENT. JOBZLE IS NOT INVOLVED IN THE ACTUAL COMMUNICATIONS BETWEEN USERS. AS A RESULT, JOBZLE HAS NO CONTROL OVER THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE PROFILES OR USER CONTENT SUBMITTED ON THE SITE AND MAKES NO REPRESENTATIONS ABOUT ANY PROFILE OR USER CONTENT ON THE SITE.

IN ADDITION, NOTE THAT THERE ARE RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF PHYSICAL HARM, OF DEALING WITH STRANGERS, FOREIGN NATIONALS, UNDERAGE PERSONS OR PEOPLE ACTING UNDER FALSE PRETENSES. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER USERS WITH WHOM YOU COME IN CONTACT THROUGH THE SITE. BY ITS VERY NATURE, OTHER PEOPLE’S INFORMATION MAY BE OFFENSIVE, HARMFUL OR INACCURATE, AND IN SOME CASES WILL BE MISLABELED OR DECEPTIVELY LABELED. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE WHEN USING THE SITE. JOBZLE DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, SOFTWARE OR PROCESS USED OR DISCLOSED ON THE SITE OR ANY OTHER MATERIAL ACCESSIBLE FROM THE SITE. IN NO EVENT SHALL JOBZLE BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE IT (OR ANY LINKED SITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF JOBZLE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN JOBZLE’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00. JOBZLE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

YOU AGREE THAT THIS DISCLAIMER OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, YEAR 2000 NON-COMPLIANCE, OR ANY THEFT , DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE, TORTIOUS CONDUCT, STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. YOU FURTHER AGREE THAT THIS DISCLAIMER OF LIABILITY APPLIES TO ANY EMPLOYMENT, CAREER, LEGAL OR FINANCIAL DECISIONS THAT YOU MAY MAKE, AND AGREE THAT THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES THAT ARISE FROM OR RELATE IN ANY WAY TO LINKED WEB-SITES, ANY THIRD PARTY’S CONTENT, INFORMATION, MATERIALS, PRODUCTS, OR SERVICES, OR ANY THIRD PARTY’S ACTS OR OMISSIONS.

Miscellaneous

Jobzle’s performance of these terms and conditions is subject to existing laws and legal process, and nothing contained in them will diminish Jobzle’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Jobzle with respect to such use.

These Terms represent the entire binding agreement between you and Jobzle, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding Jobzle, the Site or the information thereon. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Jobzle (or any of Jobzle Subscribers) as a result of these Terms or your use of the Site.

In order to ensure a safe and effective experience for all of our users, Jobzle reserves the right to limit the amount of data (including resume views) that may be accessed by you in any given time period. These limits may be amended in Jobzle’s sole discretion from time to time.

Jobzle shall have the right to terminate your ability to access this service at any time without notice and to discontinue or modify any of the information contained on this service, or the service, at any time.

You may not assign any part of these Terms without the prior written consent of Jobzle. You shall pay any taxes, except for those based on Jobzle’s annual net income.

No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.

These terms shall be governed by Delaware, excluding its conflicts of law principles, and relevant federal laws, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in the state and federal courts located in Henrico County, Delaware, U.S.A. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Notwithstanding the foregoing sentence, these terms shall be severable and construed to the extent of their enforceability in light of the parties’ mutual intent if deemed at all unenforceable by a competent court. Given the nature of these terms, you understand and agree that, in addition to money damages, Jobzle will be entitled to equitable relief upon a breach of them by you.