Revised: December 3, 2018
Note: These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
Eligibility to Use Jobviate.com
To access or use Jobviate.com, you must be at least 16 years of age or, if older, the age of majority in your jurisdiction, otherwise you may not use Jobviate.com. Except as set forth above, or as otherwise approved by us, Jobviate.com is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use Jobviate.com if we have terminated your account or banned you.
Your Jobviate.com Account
- Jobviate.com Account. In order for you to create a Jobviate.com account, we require that you provide a valid email address thru which we can can reach you directly. Upon registration you will have to create a password to your account. You are responsible to keep your password safe. In case we suspect that your account has been compromised we may disable or delete it. Passwords are subject to cancellation or suspension by Jobviate.com at any time. When you set up an individual user account on Jobviate.com, we create a member profile (a “Profile”) for you that will include personal information you provide voluntarily.
- Social Sign Up and Sign In. You may be able to register an account with us through a social networking site, such as Facebook or Google+.
- Authenticity of data provided. You agree that you will provide your real information, such as your name and surname and you also agree that you will not provide fake information with the purpose of impersonating another person. If we detect impersonation we may cancel or delete your account.
- Posting guidelines. You agree that you will not post inappropriate content. The following are examples of not-allowed content:
- Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer;
- Create user accounts under false or fraudulent pretences; create or use an account for anyone other than yourself; or create multiple active user accounts to post multiple reviews for the same company
- Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms;
- Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Community Guidelines, or any applicable law, rule or regulation;
- Post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience;
- Act in a manner that is harassing, threatening, abusive, racist or bigoted, is otherwise objectionable (as determined by Jobviate.com);
- Promote, endorse or further illegal activities;
- Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
- Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
- Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;
- Solicit personally identifying information from minors;
- Except as expressly approved by us, use Jobviate.com for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
- Imply a Jobviate.com endorsement or partnership of any kind without our express written permission;
- Send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law;
- Introduce software or automated agents to Jobviate.com, or access Jobviate.com so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from Jobviate.com without our express written permission;
- “Frame” or “mirror” or otherwise incorporate part of Jobviate.com into any website, or “deep-link” to any portion of Jobviate.com without our express written permission.
- Copy, modify or create derivative works of Jobviate.com or any Content (excluding Your Content) without our express written permission);
- Copy or use the information, Content (excluding Your Content), or data on Jobviate.com in connection with a competitive service, as determined by Jobviate.com;
- Sell, resell, rent, lease, loan, trade or otherwise monetise access to Jobviate.com or any Content (excluding Your Content) without our express written permission;
- Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of Jobviate.com;
- Interfere with, disrupt, or create an undue burden on Jobviate.com or the networks or services connected to Jobviate.com;
- Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to Jobviate.com; or Attempt to circumvent any security feature of Jobviate.com;
- Links to Third-Party Websites. Jobviate.com may contain links to third-party websites placed by us as a service to those interested in this information, or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites
- Applying on Jobviate.com. Some of our job postings allow you to submit your application directly to the employer. We provide this service by working directly with an employer or by searching the Internet for the best contact information we can find for an employer. When you click the “Apply” button to submit an application on Jobviate.com you can get connected with employer directly or thru an affiliate link which will send you to the Ad originating website. We are not responsible for actions you take on 3rd party websites. We do not guarantee that your application will be successful, nor we guarantee that your application will reach an employer. If you have any reason to think your application was not received by an employer, we suggest you contact them directly to confirm.
Special Provisions Applicable To Employers
- Posting Jobs on Jobviate.com. As an employer you may not post any job ad that:
- Does not comply with the applicable laws or regulations of the state and country where the job is to be performed, including laws relating to labour and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use and intellectual property;
- Contains false information or solicits employees by intentional misrepresentation, such as, misrepresentation of the terms of employment, the hiring entity, or the identity of the poster;
- Requires an application fee or up-front or periodic payments; requires recruitments of others; resembles a multi-level marketing scheme, franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement; or only pays commissions (except where the listing makes clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling);
- Involves any screening requirement where such screening requirement is not an actual and legal requirement of the advertised position;
- Contains any logo or brands, or link to website, other than your own or those of any entity for which you are authorised to submit job ads;
- Contains multiple job openings in a single job ad (unless you’ve purchased a service that permits this);
- Discriminates against applicants in any way, be it on the basis of gender, race, religion, sexual orientation, age, disability, or any other ground(s) prohibited by applicable law, in each case as determined in Jobviate.com’s reasonable discretion.
- Reviews on Jobviate.com. You may not offer incentives in exchange for company or interview reviews. You may not trade reviews with other employers. We will remove reviews where we have evidence that users were compensated to leave reviews. You may not suggest to employees to leave reviews.
- Feedback for Job Seekers. We may inform a user when you have taken an action with respect to information we have shared with you on behalf of that user, such as when you open the user’s application, view their resume, view their profile on Jobviate.com, and/or make a decision about their application. When you view, store or receive materials through your use of Jobviate.com, we may use such materials for data analysis, quality control, or to refine our platform and services. We may also share with our users our observations based on such data analysis.
Special Provisions Applicable to Advertisers
This provision applies to all advertisers, including employers who purchase Job Ads or display ads. Unless we agree otherwise, you may not use or otherwise process data collected or derived from ads (“Ad Data“) for any purpose (including retargeting, building or augmenting user profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers’ campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and you may not permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from users if you provide clear notice to and obtain consent from those users and comply with all applicable laws and industry guidelines, including those applicable to data protection. If you are based in Europe GDPR applies for you.
Enforcement by Jobviate.com
- Removal of Content. While Jobviate.com has no obligation to do so, Jobviate.com reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on Jobviate, or that we deem, in our sole discretion, inappropriate. If you see any Content on Jobviate.com that you believe violates our policies, please notify us using contact us form. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you. For more information please see our legal FAQ.
- Copyright Policy. Please see our Copyright and DCMA page.
- Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from Jobviate.com; suspending your rights to use Jobviate.com; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
- Defending Our Users. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user’s electronic address or identifying information.
Rights to Your Content
We do not claim ownership in any Content that you submit to Jobviate.com, but you grant us the rights to use such Content as set forth below. By submitting any Content to Jobviate.com, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. You agree that this license includes the right for us to provide, promote, and improve Jobviate.com and to make Content submitted to or through Jobviate.com available to other companies, organisations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. You should only submit Content to Jobviate.com that you are comfortable sharing with others under the terms and conditions of these Terms.
Rights to Jobviate.com Content
Jobviate.com contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and Jobviate.com owns and retains all property rights in Jobviate.com. If you are a user, we hereby grant you a limited, revocable, non-sublicensable licence under the intellectual property rights licensable by us to download, view, copy and print Content from Jobviate.com solely for your personal use in connection with using Jobviate.com.
Disclaimers and Limitation on Liability
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law.
You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of Jobviate.com. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on Jobviate.com, whether caused by users or by any of the equipment or programming associated with or utilized in Jobviate.com.
IN NO EVENT SHALL THE JOBVIATE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF JOBVIATE.COM
These Terms remain in effect while you use Jobviate.com and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of Jobviate.com, for any or no reason, without notice to you.
Changes to Terms
We may revise these Terms from time to time by posting an updated version on Jobviate.com. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the revision date. For users who registered accounts before the revision date, they will become effective thirty (30) days after the revision date.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from Jobviate.com. If you intend to propound discovery seeking a user’s identifying information, you agree to do so pursuant to a valid California subpoena, properly issued in connection with an active lawsuit and properly served on our registered agent in California at Jobviate.com, Inc., c/o CT Corporation, 818 W Seventh Street, Los Angeles, CA 90017. You further agree that all such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought and resolved exclusively in the state courts located within Marin County, California or the federal courts in the Northern District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.
Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of Jobviate.com and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms
Please contact us with any questions regarding these Terms by using contact form here.