Terms of Use Agreement

Effective Date: May 14, 2013

JobHubService.com, its content and its associated services (collectively “Website”) is owned and operated by JobHubService.com (“Owner”). This Terms of Use agreement (“Agreement”) sets forth the terms to which all users of the Website agree to be bound. If you do not agree to the terms of this Agreement, you may not use and must discontinue any and all use of the Website.

This Agreement may be modified, replaced, or amended at any time. You agree that any use of the Website after the modification of, replacement of, or amendment of this Agreement constitutes your manifestation of assent to and acceptance of the modification, replacement, or amendment, as identified above by the Effective Date.

JOB HUB SERVICE PROVIDER. Owner offers the Website in order to allow for the more efficient management of a hiring organization’s employment opportunities (“Jobs”) across multiple online job board vendors and candidates for those Jobs. The Website is designed to let hiring organizations synchronize their job and candidate records across multiple computer systems, and to automate the flow of candidates and jobs, all via the cloud.

Although Owner’s Website is intended to aid in the consummation of an employer-employee relationship, you should independently verify any information provided by another user. You, and you alone, are responsible for your own hiring decisions, and Owner shall not be liable to you or any third party for any decision made or action taken by you or others based upon reliance on or use of the information on the Website or interaction with any user. Any employer-employee relationship, or lack thereof, resulting from use of Website is at your sole risk. Owner makes no representation regarding the success of the Website in leading to an employer-employee relationship or the success of any such relationship.
USER ACCOUNT TYPES. Owner requires that you create one of two types of accounts in order to provide you with access to the relevant features of the Website not generally available to any user.
1. Hiring Organization. In order to register for a hiring organization account (“Hiring Organization”), you must operate a legitimate business in search of candidates to fulfill an active and available Job opening. Upon successful registration, a Hiring Organization will be assigned an organization ID (“Hiring Organization ID”) and may add Jobs and/or pull Jobs from candidate job seekers (“Candidates”), as provided by a vendor. In addition, a Hiring Organization may pull Candidates from online job board vendor(s).
  
  Hiring Organization agrees to:
  1. submit accurate information about you, an individual person and that you are solely responsible for the form, content, and accuracy of any resume or other material submitted.
  2. adhere to any and all terms and conditions of any such online job board vendor, including, without limitation, being responsible for any fee charged by any such vendor that displays the Hiring Organizations’ Jobs.
  3. comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations, including, without limitation, labor and employment, equal employment opportunity and employment eligibility requirements, and anti-discrimination laws. While the Website may allow you to acquire information about Candidates, it is the Hiring Organization’s sole responsibility to ensure compliance with the law. Owner shall not be responsible for any employment decisions, for whatever reason, made by Hiring Organization.
  4. not warehouse, or otherwise use, information provided by online job board vendors or Candidates, including any and all information made available in a resume or other submission, for any purpose other than for fulfilling current Jobs.
2. Vendor. In order to register for an online job board vendor account (“Vendor”), you must be an organization providing services for Hiring Organizations, which may include, without limitation, operation of an online employment solution for people seeking employment opportunities and employers in need of fulfilling employment opportunities. Upon successful registration, a Vendor will be made available to Hiring Organization for the creation of a relationship, as tracked by Hiring Organization ID, that may allow Vendor to pull Jobs from and add Candidates to Hiring Organization.
  
  Vendor agrees to:
  1. adhere to any and all terms and conditions of its online job board in posting Jobs and providing Candidates to Hiring Organization. Vendor shall be responsible for payment of any and all fees associated with relationship(s) with Hiring Organization(s).
  2. forego any privacy or ownership rights in Candidate information provided to Hiring Organization, so long as Hiring Organization uses such Candidate information for the sole purposes set forth in this Agreement, unless otherwise agreed upon in writing between the Users.
  3. make any and all payments via payment method acceptable by Owner. Vendor agrees to pay all fees and charges on time, and Owner may terminate or disable your access to the Website and/or your Vendor account if you fail to pay any amount owing to Owner when due. Vendor further agrees to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with use of the Website. All costs and fees are quoted and payable in United States Dollars.
  4. agrees to pay all costs of collection, including legal fees, incurred by Owner. All fees are non-refundable. In the event Vendor disputes the amount or validity of any payments made under this Agreement, Vendor must notify Owner, in writing, within ten (10) days of any such dispute. Vendor understands that its failure to notify Owner of any dispute within ten (10) days will constitute an express waiver of any claims related to the disputed payment.
  Hiring Organization and Vendor agree that, in registering a user account, they will provide Owner with accurate, complete, relevant, and current information, and maintain the same so long as a user. By creating a user account, you agree that Owner, and Owner’s designees and agents, may contact you by any available means, including, but not limited to, by email.
AUTHENTICATION KEY. Upon registration, Owner shall assign Hiring Organizations and Vendors a unique authentication key, which will be required in order to gain access to and use of the Website. Hiring Organizations and Vendors agree to keep such authentication key secure from unauthorized access and not share such authentication key. Hiring Organizations and Vendors further agree that they alone are responsible for their accounts and accept full responsibility for any and all use of their accounts, whether authorized or unauthorized. In the case of unauthorized access to an account, you agree to contact Owner immediately. In the event the authentication key is shared or otherwise used in violation of the terms of this Agreement, Owner may terminate User.
WARRANTIES. Owner does not warrant or guarantee that compliance with this Agreement will be sufficient to comply with your obligations hereunder, under applicable law or with third party rights. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use Website. Website is operated in the United States and Owner makes no representation that its Website or services are appropriate, lawful, or available for use in other locations. Owner does not offer Website where prohibited by law.

Owner is a service provider and makes no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of the information contained on Website, including as it relates to Hiring Organizations and Vendors. Owner relies upon information provided from you in providing Website. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS, IN WHATEVER FORM, WITH OTHER USERS. OWNER HAS NOT CONDUCTED ANY INVESTIGATION, INCLUDING, WITHOUT LIMITATION, ANY CRIMINAL BACKGROUND CHECK, ON ANY USER. USERS’ STATEMENTS ARE NOT VERIFIED BY OWNER. YOU UNDERSTAND AND AGREE THAT THE CONTENT ON THIS WEBSITE DOES NOT CONTAIN OR CONSTITUTE REPRESENTATIONS TO BE REASONABLY RELIED UPON. OWNER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE CONDUCT OF USERS. YOU AGREE TO HOLD OWNER HARMLESS FOR ANY CONDUCT OF USES.

All users of the Website, including, without limitation, Hiring Organizations and Vendors, warrant the following:
1. You have the right, power, and legal capacity to enter into this Agreement and to accept the rights, obligations, and duties granted under its terms. You must be 18 years of age, or the age of majority, in order to use this Website.
2. You will comply with the terms of this Agreement in good faith.
3. You will provide Owner with accurate, up to date, and complete information and understand and agree that they have an ongoing duty to update their personal information if and when it changes.
4. You are not bound by or a party to any exclusive arrangement or other agreement, whether contractual or otherwise, that would prohibit you from using the Website and its associated services.
5. You will not use the Website outside of the uses specifically provided for under this Agreement, which is to provide an online service to aid in the submission, synchronization, and deletion of Jobs and Candidates by Hiring Organizations as made available by Vendors.
6. You will not post incomplete, false, misleading, personal, defamatory, offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, harassing, or inaccurate information.
7. You will not send unsolicited communications, including spam, to any User.
8. You will not impersonate a Hiring Organization or Vendor, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.
9. You will not sell, promote, or advertise products or services.
10. You will not post anything related to sexual services or jobs of a sexual nature.
11. You will not use the Website in any way that violates the rights of third parties and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations.
12. You will not make any derivative works of the Website or delete or modify, in any way, any copyright, trademark, or other proprietary notices that appear on the Website.
13. You will not use, modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell the Website, in any form or by any means, in whole or in party, without the prior written consent of Owner. You will not harvest, scrape, or otherwise collect information about users of the Website.
14. You will not create a competing Website or service for at least three (3) years following your use of the Website.
15. You will not distribute Trojan horses, viruses, malware, spyware, spam, pyramid schemes, chain letters, or any other harmful or unsolicited files or communications.
PRIVACY POLICY. You warrant and agree that you have read and will abide by Owner’s Privacy Policy, which is hereinafter incorporated by reference. Owner has adopted its Privacy Policy to inform you of its collection and use of personal or personally identifiable information, how that personal or personally identifiable information is used, and Owner’s disclosure practices for that personal or personally identifiable information. You understand and agree that Owner does not collect more personal information from you than reasonably necessary to participate in the Website. You also understand and agree that Owner undertakes commercially reasonable efforts to protect the confidentiality, security, and integrity of the personal or personally identifiable information that is collected from you.
OWNERSHIP AND LICENSE OF WEBSITE CONTENT.
1. Owner is the owner or licensee of all rights in and to the Website, the trademarks displayed on the Website (including, without limitation, JOB HUB SERVICE), and any and all copyrights, trade secrets, patent rights, or other proprietary or personal rights contained within or displayed upon the Website. Your use of the Website and its contents is subject to all applicable intellectual property and other laws.
2. You are expressly prohibited from using Owner’s trademarks, trade names, trade dress, design marks, trade secrets, or copyrightable works outside of the uses expressly stated in this agreement and without the prior written consent of Owner.
3. Owner grants you a limited, revocable, non-exclusive, non-sublicensable, and royalty free license to use the Website. This limited license automatically terminates upon a breach of any of the terms of this Agreement.
4. You warrant and agree that you will not frame, scrape, aggregate, hack, reverse engineer, crawl, reproduce, or make any derivative works of the Website or delete or modify, in any way, any copyright, trademark, or other proprietary notices that appear on the Website.
5. You hereby provide Owner with an irrevocable, sublicensable, worldwide, perpetual, royalty-free, and non-exclusive license to use any content that you submit to the Website, including but not limited to text, photographs, drawings, or other media files, to be used for the purposes of the Website. The purposes of the Website include but are not limited to providing you with an online service to post and search employment opportunities and making copies of your submitted content, including resumes, for storage or archival purposes. You give Owner permission to reproduce, publish, distribute, modify, destroy, or otherwise utilize your content for the purposes of the Website, and you explicitly agree to waive all moral rights in your content, whether or not moral rights have been asserted.
6. You warrant and agree that any content that you submit to the Website will not violate or infringe upon the rights of third parties, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You also warrant and agree that any content that you submit to the Website will not contain defamatory material or any other false, misleading, or unlawful material. Owner retains the right to terminate your access to the Website in its sole discretion, including but not limited to for violating the rights of a third party.
7. All rights not expressly granted herein are reserved to Owner.
INTERACTIVE SERVICE PROVIDER.
1. You understand and agree that Owner is an interactive service provider under the definition of those terms under § 230 of the Communications Decency Act. Owner’s Website allows content to be submitted to the Website by third parties. Owner’s Website may contain links to third party websites that Owner does not own or control. Owner has no responsibility for the content that is submitted to its Website by third parties or for the content of third party websites linked to or through the Website. You agree to hold Owner harmless for any and all liability arising out of content submitted to the Website or out of your use of third party websites.
2. Owner has no duty to monitor, screen, or censor content submitted to the Website, but it may, within its sole discretion, choose to monitor, edit, modify, refuse, or delete any content submitted to the Website without notice to the submitting party and for any reason, or which might be offensive, harmful, or threatening to the safety of others. You understand and agree that Owner’s provision of the Website does not imply its approval or endorsement of any content submitted to the Website or the content of third party websites linked through the Website. You have an obligation to report all inappropriate and unlawful behavior, or otherwise conduct in violation of these Terms of Service, to Owner immediately.
3. Owner has no control over and makes no representations as to the truth or falsity of any Candidate qualifications or abilities, Hiring Organization Jobs or offerings, or quality, safety, legality, or ability of any information offered by a Hiring Organization or Vendor through the Website.
4. All terms related to any agreement between Hiring Organization and Vendor, Candidate and Vendor, and Candidate and Hiring Organization are solely between those parties.
5. Owner reserves the right, without any obligation, to remove any content from the Website.
THIRD PARTY LINKS. You understand that the website may contain links to third party websites, applications, or services that Owner does not own or control. You agree that Owner will not be held responsible or liable for the content of or any functionality of offering related to the third party websites, applications or services, and Owner’s inclusion of them within its Website does not constitute Owner’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
DISCLAIMER OF WARRANTIES. OWNER DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIAIBLITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY GOODS OR SERVICES LINKED TO OR THROUGH THE WEBSITE. OWNER PROVIDES THE WEBSITE ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

OWNER WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE WEBSITE, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. OWNER DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS, OR ALTERATION OF OR TO THE WEBSITE. OWNER RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

OWNER IS NOT RESPONSIBLE FOR THE REPRESENTATION OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER, HIRING ORGANIZATION, VENDOR, OR CANDIDATE.
LIMITATION OF LIABILITY. YOU HEREBY AGREE THAT OWNER WILL NOT BE HELD LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY AND ALL DAMAGES THAT MAY ARISE OUT OF YOUR LICENSE OR USE OF THE WEBSITE, WHETHER THOSE DAMAGES ARE SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNATIVE, OR EXEMPLARY. YOU AGREE THAT OWNER WILL ONLY BE LIABLE TO YOU FOR THE AMOUNT THAT YOU PAID FOR THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF YOU DID NOT PAY TO ACCESS THE WEBSITE, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY. IN SUCH JURISDICTIONS, OWNER’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

OWNER AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST OWNER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONTEARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
INDEMNIFICATION. You agree that you will hold harmless, defend, and indemnify Owner, including its members, employees, agents, affiliates, directors, officers, and board members, from and against all claims, damages, liabilities, penalties, costs, and judgments, including attorneys’ fees, that arise out of or in connection with your use of the Website, your violation of a term or provision of this Agreement, or your violation of the rights of a third party. You agree that your obligation to hold harmless, defend, and indemnify Owner will survive the termination or failure of this Agreement and your use of the Website.
ASSIGNMENT. You are expressly prohibited from assigning your rights and duties under this Agreement to a third party. Owner reserves the right to assign its rights and duties under this Agreement at any time, including in a sale of Owner or the Website.
REMEDIES.
1. The failure of Owner to seek relief for your breach of any duty under this Agreement will not waive the right of Owner to seek relief for any subsequent breach.
2. You agree that, for all legal and non-legal purposes, the Website is located in the State of Nevada. You agree that the Website is a passive website and that the Website does not give rise to personal jurisdiction over Owner in jurisdictions other than Tennessee. This Agreement will be interpreted under and governed by the laws and legal principles of the State of Nevada, without regard to conflicts of laws principles or statutes. Any dispute arising out of or in connection with this Agreement will be decided exclusively by arbitration.
3. YOU AND OWNER AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FOURM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR CONCERNING THE VALIDITY, INTERPRETATION, BREACH, VIOLATION, OR TERMINATION OF THIS AGREEMENT OR ANY TERM THEREOF. THIS ARBITRATION WILL BE HELD IN NEVADA AND WILL BE HELD IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR WILL DECIDE THE CLAIM ON THE BASIS OF THE LEGAL PRINCIPLES AND LAWS OF THE STATE OF NEVADA AND THE ARBITRATOR WILL HAVE THE DISCRETION TO AWARD ALL COSTS AND ATTORNEYS’ FEES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND OWNER AGREE THAT THE DETERMINATION OR AWARD OF THIS ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT SITTING WITHIN THE STATE OF NEVADA THAT HAS JURISDICTION OVER THE SUBJECT MATTER OF THE DISPUTE. YOU AND OWNER AGREE THAT THE PARTIES WILL BE PRESENT WITHIN THE STATE OF NEVADA IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND OWNER HEREBY SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
LIMITATION. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
COPPA COMPLIANCE. The Website is not directed to persons under the age of eighteen (18) and Owner will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Owner inadvertently collects personally identifiable information, Owner will delete the personally identifiable information in accordance with its security protocols, upon notice.
NOTICE.
1. All notices to Owner must be emailed to: support@jobhubservice.com.
SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable for any reason whatsoever, the remaining provisions shall remain valid and unimpaired and shall continue in full force and effect.
INTEGRATION. This Agreement and its incorporated Privacy Policy constitute the entire agreement between the parties with respect to the Website. There are not further understandings, agreements, or representations with respect to the Website that is not specified in this Agreement. You understand that any additional provisions that may appear in any communication from you will not bind Owner.
TERM AND TERMINATION. This Agreement will remain in full force and effect until terminated under the terms of this Agreement. You may terminate your Account through its respective control panel, but you are responsible for saving any content you wish to retain, including, but not limited to, resumes or other content. Owner may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.

This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC