Terms and Conditions
These Terms constitute a legally binding agreement between Joblist and you concerning your use of the Service and contain important provisions affecting your rights, including by requiring arbitration of claims on an individual, rather than class wide, basis, as outlined below. We encourage you to print these Terms or save them to your device or computer for reference. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
You must be 18 years of age or older to visit or use the Service and, if using the Service on behalf of a company or employer, authorized to act for and bind, and hereby do bind, the company or employer to these Terms.
Disclaimer for Third-Party Content
Our Service enables you to search, save, and receive updates for job postings made available by third parties. Job Seekers may also apply for jobs, and Employers may post jobs, through the Service. If you select a job posting that redirects to an external third-party website, you will be redirected to that website for more information. If an Employer has posted a job using the Service, you may review and apply for that job as outlined below. You acknowledge and agree that we are a listing service only and have no responsibility for the content or accuracy, completeness, or lawfulness of the listings or the jobs they may describe. You are solely responsible for investigating the job postings you choose to select. Joblist may review Employer posts in its discretion, but it is not responsible for screening or censoring third-party job postings or content. Joblist does not control the hiring process or communications between consumers and any third-party employers. Joblist makes no representations or warranties regarding any third-party content, including job postings or applications. Under Section 230 of the Communications Decency Act (and similar laws), Joblist is a platform service and not the publisher or speaker of any third-party content.
Dispute Resolution and Mandatory Arbitration
Binding Arbitration and Waiver of Class Actions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE TO RESOLVE ALL CLAIMS AGAINST EACH OTHER OR AGAINST COMPANY ENTITIES BY BINDING ARBITRATION IN SAN FRANCISCO, CALIFORNIA BEFORE ONE ARBITRATOR. ANY ELECTION TO ARBITRATE BY ONE PARTY SHALL BE FINAL AND BINDING ON THE OTHER. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. THE PARTIES AGREE TO WAIVE ANY RIGHT TO JOIN CLAIMS WITH OTHERS OR OTHERWISE PROCEED IN A CLASS ACTION OR REPRESENTATIVE CAPACITY. YOU ACKNOWLEDGE THAT, WITHOUT THIS PROVISION, YOU WOULD HAVE HAD THE RIGHT TO SUE IN COURT WITH A JURY OR PARTICIPATE IN A CLASS ACTION. EACH PARTY KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY WAIVES ANY RIGHT EACH MAY HAVE TO A TRIAL BY JURY OR TO A CLASS ACTION. This arbitration provision will be governed by the Federal Arbitration Act and federal arbitration laws. The arbitration shall be administered by JAMS pursuant to its "Streamlined Arbitration Rules and Procedures," or another arbitrator or arbitral forum if JAMS is unavailable, and the arbitrator shall apply California laws. For more information, see https://www.jamsadr.com. The arbitration may be conducted in person or via document submission, telephone, or email, but the arbitration location shall be in the county where you reside. If you reside outside the United States and bring a Claim outside the United States, the laws may allow you to bring a Claim where you reside. For residents of Canada, the European Economic Area, Switzerland, or the United Kingdom, see https://adric.ca/ and https://ec.europa.eu/odr as applicable. Upon request, or if you show that arbitration fees would be cost prohibitive, we will pay your initial consumer arbitration fee of $250 to JAMS. Notwithstanding this arbitration provision, you may assert a Claim on an individual basis in small claims court if the Claim seeks $2,500 or less. The arbitrator may award the same damages or other relief available in court. Nothing herein shall limit rights to seek a public injunction if allowed by law. If any provision of this arbitration agreement is found to be invalid or unenforceable, that provision shall be severed with the remaining provisions continuing in full force and effect. This arbitration agreement shall survive termination.
Provisional Remedies, Venue. THIS AGREEMENT TO ARBITRATE DOES NOT PRECLUDE THE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION, INCLUDING ORDERS TO STAY COURT ACTION OR COMPEL ARBITRATION, OR FROM APPLYING TO A COURT FOR A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION, INCLUDING TO PRESERVE INTELLECTUAL PROPERTY RIGHTS, IN STATE OR FEDERAL COURTS IN SAN FRANCISCO, CALIFORNIA. THE PARTIES WAIVE ANY OBJECTION TO PERSONAL JURISDICTION AND VENUE IN SAN FRANCISCO, CALIFORNIA.
Choice of Law. SUBJECT TO THE ABOVE, THESE TERMS SHALL BE INTERPRETED AS THOUGH EXECUTED IN SAN FRANCISCO, CALIFORNIA AND SHALL BE GOVERNED BY CALIFORNIA LAWS WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES.
Availability, Errors, and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. While Joblist reserves the right to remove content from the Service, such as for errors or violating these Terms, it does not assume any obligation to do so and disclaims any liability for failing to do so.
Accounts and Features
General. If you create an account, such as through email or Google or other third-party sign-up, you warrant that your information is accurate and authorized. If you have an account for both Job Seeker and Employer capabilities, you may switch between your account modes in your settings. You are solely responsible for your account activity, including any job postings or applications, purchases, and confidentiality; you must notify us of suspicious or unauthorized account or other activity relating to the Service, and we disclaim all liability for use of your account. You are responsible for all activity related to your account, and you should not share login credentials. We retain the right to terminate or suspend your account or remove your content, such as if you violate these Terms or any applicable laws.
Job Seekers. Job Seekers may apply for jobs through the Service, either through their account, by providing information through the Service, or by clicking a job posting to be redirected to a third-party website for further action, depending on the type of Employer listing. Unless Job Seekers are redirected to a third-party website, Job Seekers will be requested to provide their name, resume (which may be uploaded and virus scanned or manually typed using a text field), and other information, which will be provided to the respective Employer(s). Please carefully choose what to submit as Job Seekers cannot see or manage their applications after they are submitted. You should ensure that your contact information, resume, and any content that you provide are all accurate and complete, and that they do not contain any sensitive personal information or content that you do not want disclosed.
General. In using the Service you agree not to: (i) copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) use any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional online website; (iii) transmit spam, chain letters, or other unsolicited email; (iv) attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; (v) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure; (vi) upload invalid data, viruses, worms, or other software agents through the Service; (vii) collect or harvest any personally identifiable information from the Service, except as expressly permitted by the features of the Service; (viii) use the Service for any commercial solicitation purposes without our express prior consent; (ix) impersonate another person or otherwise misrepresent your affiliation with a person or entity, including in creating and using an account, conducting fraud, hiding, or attempting to hide your identity; (x) interfere with the proper working of the Service; (xi) access any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) create, use, edit, or publicize an account or any content, including a "joblist," Job Seeker application, or Employer post, without proper authorization; (xiv) provide any false, misleading, or unlawful information to us or in connection with the Service; (xv) use the Service in any way that violates these Terms or any applicable law, infringes the rights of third parties, or constitutes fraud, abuse, or harassment; or (xvi) use or monitor the Service for any competitive commercial purpose.
Job Seekers. Job Seekers further agree to only submit applications using real, accurate information about themselves and to only use the Service in compliance with these Terms and all applicable laws. By applying for a job using the Service, Job Seekers consent to their job application being shared with third parties interested in contacting them about their application.
Employers. Employers further agree to comply with all requirements for job postings, as outlined in these Terms, and with all applicable laws.
Employers may only post listings for bona fide paid jobs for qualified individuals. Each posting may only correspond to one open job opportunity or position. Employers agree they have all appropriate intellectual property and other rights to post content using the Service, including to any trademarks, logos, and copyrights, and to provide any licenses outlined in these Terms. Employers should use easily understandable language and describe the required duties, qualifications, and compensation, including, if applicable, any part time, independent contractor, or commission terms. Employers agree to not post any jobs if the job or listing will violate these Terms or any applicable laws. In particular, Employers may not use the Service to post the following:
- Listings where no current job opening exists as stated;
- Listings where any content or job (including any listed eligibility requirements) violates any labor, employment, anti-discrimination, equal opportunity, data privacy, or intellectual property laws or standards;
- Opportunities where individuals need to pay prior to consideration;
- Multi-level marketing opportunities (or "MLMs") or pyramid schemes;
- Unpaid positions, focus groups, or survey opportunities;
- Advertisements of any kind (other than as part of the job posting);
- Infringing content or content that you do not have permission to share;
- Requirements for individuals to forward sensitive personal information;
- Listings aimed at or collecting information about children;
- Solicitations for businesses or business opportunities;
- Solicitations for sexually-oriented services or goods;
- Opportunities in countries subject to economic sanctions by the U.S.;
- Content or links that contain any false or misleading information;
- Content or links that are unlawful, defamatory, threatening, exploitative, obscene, lewd, violent, harassing, inappropriate, or objectionable or that does not relate to a legitimate job posting (for example, keywords that are not related to the job posting); or
- Listings seeking to collect contact information for resale or any purpose other than hiring for the specific role outlined in the job posting.
If you are an Employer posting a job through the Service, it is your responsibility to ensure that your posting and job comply with all applicable laws. Employers agree that they are solely responsible for any liability arising out of their job posting and any material arising out of such posting, including email responses or links to which Job Seekers are redirected, and that they will defend and indemnify Joblist for any related claims as outlined below. While Employers may include those hiring for their own organization as well as recruiters, staffing agencies, etc., anyone posting a job through the Service agrees to comply with these Terms on behalf of themself as well as the hiring organization and to defend and indemnify Joblist for any job posting.
Job postings and applications are subject to review, including for compliance with these Terms and for viruses or other harmful content, and subject to rejection and removal. However, Joblist is under no obligation to review or take action against any content and has no liability for third-party content.
Employers agree that Joblist may be unable to remove job postings and other content (including intellectual property) once they have been distributed to the public, including to partners for listing jobs or search engines.
Billing; No Refunds (Absent Limited Exception)
Employers posting a job on Joblist agree to pay the entire amount due at checkout and any applicable taxes (minus any deduction for coupons, which have no cash value). If there is a conflict between any specific billing or other job posting terms at checkout and these Terms, the terms at checkout will apply. Payments are handled through Stripe, and you consent to your payment method to be charged for all outstanding amounts. You agree to only provide accurate and complete billing and payment information; and you represent that you are authorized to use the payment method for your purchase. You agree that Joblist is entitled to interest at the highest rate permitted by law plus fees and costs incurred in collecting any due payments. You further agree that your purchase may be subject to currency or exchange fees, depending on your location.
There are no refunds, except in cases, in Joblist's sole reasonable discretion, involving material posting errors that were caused solely by Joblist that were not remedied within 5 days of your reporting of those errors to us. There will be no refunds in any other circumstances, including if Employers close job postings early or if your account or posting is terminated for cause.
Assumption of Risk
Joblist is not responsible for reviewing third-party content, including Employer or Job Seeker content. You accept that, by using the Service, you may be exposed to content that is inaccurate, incomplete, misleading, offensive, or contrary to your needs or applicable laws; and you understand that there are risks when dealing with other parties online. You assume those risks and all risks of using the Service. It is your responsibility to conduct your own due diligence, including through any interviews, research, and reference checks, and you are solely responsible for your interactions with other users, for job postings and applications, and for any hiring or acceptance of a job. Further, Joblist is not responsible for storing or maintaining any information, subject to applicable laws, and you should make and keep copies of your own data.
Joblist's Service, logos, websites, domains, text, graphics, software, images, trademarks, copyrights, content and features, functionality, source code, arrangement, and other parts of the Service, exclusive of user or third-party content, are the exclusive intellectual property of and owned by Joblist or its licensors; and the Service and its features and functionality are and will remain the exclusive property of Joblist and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Joblist.
Links to Other Websites
Our Service contains links to third-party websites or services that are not owned or controlled by Joblist. If you select a job posting that redirects to an external website, you will be redirected to such third-party website.
Joblist is solely a platform and has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party companies, content, websites, or services. We do not warrant the offerings of any of these third-party entities/individuals or their websites, regardless of whether you apply for an Employer's job using the Service, are redirected to an Employer's website, or save listings through your account.
You acknowledge and agree that Joblist 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 use of or reliance on any such content, goods, or services provided by, or available on or through, any such third-party companies, content, websites, or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole reasonable discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms or violation of any applicable law. We may also remove any content, including any job posting or application, for failure to comply with these Terms or if you are engaging or have engaged in fraud or abuse. You may appeal a termination or removal by contacting us within 30 days.
You may terminate your use of the Service at any time by discontinuing your use of the Service, provided that you will still owe any outstanding fees due.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, the dispute resolution and arbitration terms, ownership and intellectual property terms (except Joblist may terminate your license to access and use the Service), warranty disclaimers, indemnity, miscellaneous terms, and limitations of liability.
To the maximum extent permitted by law, you (including any individual user and business using the Service) agree to indemnify, defend (with counsel reasonably acceptable to us), and hold harmless Joblist and its licensees and licensors, and our/their employees, contractors, agents, officers, and managers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use of or access to the Service, including your account, content, Job Seeker application, Employer job post, and any joblist; or b) your violation of these Terms or any applicable law.
Limitation of Liability
IN NO EVENT SHALL JOBLIST, NOR ITS MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE, OR JOB OR HIRING-RELATED RESULTS FROM, THE SERVICE, INCLUDING ANY ACCOUNT, CONTENT, JOB SEEKER APPLICATION, EMPLOYER JOB POST, OR JOBLISTS; (II) ANY JOB POSTING OR JOB THAT YOU MAY POST OR OBTAIN IN CONNECTION WITH THE SERVICE; (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING JOB SEEKERS AND EMPLOYERS, ON THE SERVICE; (IV) ANY CONTENT OBTAINED FROM THE SERVICE RELATING TO A THIRD-PARTY JOB POSTING; AND (V) UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
JOBLIST SHALL HAVE NO LIABILITY FOR RESPONSES TO JOB POSTINGS OR APPLICATIONS, INCLUDING THE QUALITY OR NUMBER OF APPLICANTS, OFFERS, VIEWS, CLICKS, OR THE ORDER IN WHICH YOUR POSTING OR APPLICATION IS DISPLAYED OR DISTRIBUTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOBLIST ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR YOUR ACCOUNT AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) ANY USER OR OTHER THIRD-PARTY CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. IN NO EVENT SHALL JOBLIST, ITS MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING $100.00 OR WHAT YOU HAVE PAID TO US.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF JOBLIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR COURSE OF PERFORMANCE.
JOBLIST AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION OR BE UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time by posting a new version via the Service or by other notice to you (such as by email). By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service and will be bound by the prior terms.
We may terminate, suspend, limit, or change any aspect or feature of the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation.
DMCA Notice and Procedure for Copyright Infringement Claims; Reporting Abuse
If you believe the Service contains content that infringes on your copyright, please submit a notification to us pursuant to the Digital Millennium Copyright Act ("DMCA") with the following information in writing to our copyright agent at email@example.com (see 17 U.S.C §512(c)(3)): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; a description of the copyrighted work that you claim has been infringed, including the URL/location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Service where the material that you claim is infringing is located; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. We will respond as authorized, such as by taking down violative content, and may provide a copy of your notice to the pertinent user. Before submitting a notice, you should consider whether the use could be fair use. If you are unsure about your rights, you should contact an attorney. You may be liable for costs and fees for misrepresentative submissions.
If you believe we removed your content in error, you may file a counter-notice pursuant to the DMCA with the following information in writing to our copyright agent at firstname.lastname@example.org: a clear description of the material and prior location; a statement that you consent to the jurisdiction of the federal district court for the district where you reside and that you will accept service of process; your contact information; and a statement signed by you under penalty of perjury that you have a good faith belief the content was removed as a result of mistake or misidentification. If you are a repeat infringer, we may terminate your access to the Service under a repeat infringer policy.
We (Joblist LLC) are the service provider, and our copyright agent is:
77 Van Ness Ave, Suite 101 #1725
San Francisco, CA 94102
If you believe that any content or conduct involving the Service violates Joblist's Terms or applicable laws, please contact us.
Consent to Communications
These Terms, which incorporate by reference any separate billing and order terms, constitute the entire agreement between you and Joblist as to the matters in these Terms and supersede any prior agreements. A waiver under these Terms must be in writing to be effective, and waiver of any term or breach will not waive that term or any later breach. These Terms do not create any agency, partnership, employer, or joint venture relationship. The parties shall not be liable for any event beyond that party's reasonable control, such as a war, epidemic, natural disaster, government order or regulation, explosion, fire, strike, act of God, or other force majeure event. These Terms will be binding upon and inure to the benefit of the parties and their permitted successors and assigns. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Joblist. There are no third-party beneficiaries under these Terms except Company Entities where stated. If any provision of these Terms is ruled to be invalid or unenforceable, the remainder of the Terms shall continue to be valid and enforceable, and to this end these Terms are severable.
If you have any questions about these Terms or the Service, please contact us at email@example.com.