Terms of Use

Last Updated: March 28, 2024

Introduction

Welcome to JobTarget. JobTarget, LLC and its affiliated companies (collectively, “JobTarget”) provide this Website and its Service to you (both defined below), subject to the following Terms of Use (“Terms”). Please read this page carefully. Your use of the Website or Service constitutes your agreement to the Terms as well as our Privacy Policy and Product Term Sheets, available at https://www.jobtarget.com/employer-agreements which are incorporated by reference into these Terms. You acknowledge and agree that by registering, accessing, or using our Website or Service that you are entering into a legally binding contract with JobTarget (the “Agreement”). If you do not agree with our Terms, please do not use this Website or any associated Service. If you enter into this Agreement on behalf of a company of other legal entity, you represent that you have the authority to bind such entity. These Terms contain important provisions, including requirements to arbitrate claims on an individual basis (for Job Seekers, see Dispute Resolution , and All Other Users, see Dispute Resolution).

You / Users

JobTarget works with many different types of users, some looking for jobs, some looking to hire employees, and others. For your convenience, we have split our Terms into different sections to address each user separately. If not otherwise defined below, all references to “you” or “your” shall mean the individual or organization accessing the Website or Services. Please review the section below specific to you and your use of our systems and Service:

General Terms – Applicable to all types of users below.

Job Seekers –Individuals using the JobTarget Websites or Service for employment opportunities and/or for job search and career management tools in a capacity other than as an employer (“Job Seeker”).

Employers – Recruiters, organizations, individuals who work for those organizations, or any user using the JobTarget Websites or Service to search for individuals to employ and/or use the Recruitment Tools and/or Recruitment Platform (“Employer”).

All Other Users – Organizations, individuals that work for those organizations, or any user using the JobTarget Websites or Service, excluding Job Seekers and Employers (“All Other Users”).

Definitions

  • Account Administrator – The designated user(s) of a company using the Websites or Services, including the Recruitment Platform, who is responsible for administrative functions on the account.
  • Content – All information, data, job applications, job postings, job application questions and answers, job advertisements, resumes, events, announcements, photographs, graphics, video, messages or other materials created on or uploaded to the Service.
  • Employer Account – An account for the Service created by, or on behalf of, an Employer.
  • Job Seeker Account – An account for the Service created by, or on behalf of, a Job Seeker.
  • Recruitment Platform – An online system provided by JobTarget to Employers for the use and management of the Services.
  • Recruitment Tools – Tools used by Employers/recruiters to manage their search, advertising, and engagement with potential hires.
  • Website(s) – Any websites, platforms or mobile applications hosted or controlled by JobTarget, including but not limited to jobtarget.com, click2apply.net, recruitsite.com, and postmyjob.com.
  • Service(s) – The Websites, mobile applications and related services and technologies that JobTarget develops, provides, and manages, including APIs and other software code and systems and those used and provided in conjunction with third-party partners and their systems and services.
  • Privacy Policy – JobTarget’s policy on how it collects, uses, shares, stores, and deletes users' personal data. The Privacy Policy can be accessed here.
  • User Consents – A user’s grant or denial of permission to collect, store, use, and/or share and delete data or Content.

GENERAL TERMS FOR ALL USERS

Governing Law and Venue

Subject to and without waiving the arbitration provision below, this Agreement shall be exclusively governed by and construed in accordance with the laws of Connecticut without regard to its conflict of law principles, and the proper venue for any judicial action arising out of or related to this Agreement shall be the state or federal courts located in Connecticut (a “Court of Competent Jurisdiction”). You and JobTarget stipulate to, and waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process.

Copyrights and Trademarks

The Website, as a whole including its entire contents, features, and functionality and individual works appearing on or accessible through the Website, are owned by JobTarget and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You acknowledge that JobTarget owns the copyrights in this Website (including the selection, coordination and arrangement of the contents of this Website) and in the works available on or through this Website. You may download and maintain single copies of designated materials for your personal use only or as directed by the terms of any product term sheet.

In addition, trademarks and trade dress belonging to us or to others appear on or are accessible through this Website. The fact that we have permitted you access to this Website does not constitute authorization to reproduce our trademarks or trade dress for any other purpose.

Subject to your compliance with this Agreement, JobTarget grants you a non-exclusive, non-sublicensable, revocable, non-transferable, limited license to access and use the Service as intended by JobTarget and this Agreement. This license allows you to use the Service, but it does not allow you to reproduce, duplicate, copy, modify, sell or otherwise exploit any portion of the Service without the prior express written consent of JobTarget. All rights not expressly granted in this Agreement are reserved by JobTarget.

Prohibited Uses

This Website and the Services may not be used for any prohibited, illegal or unlawful purposes. JobTarget reserves the right to terminate usage by any user that JobTarget deems questionable. Prohibited uses include, but are not limited to:

Entry of data or Content that is knowingly inaccurate, incomplete, or false.

Entry of data or posting or transmitting of Content that violates any law.

Entry of or interference with data or Content that does not belong to you.

Entry of data or Content for another user.

Posting or transmitting of any Content that violates the copyright, privacy, confidentiality, publicity, or intellectual property rights of any person/entity or that reveals any information that should be known to be confidential or proprietary.

Uploading of anything that may cause excessive strain on our systems and networks.

Using our Website or Services for anything other than their intended uses.

Posting (or linking to) anything threatening, abusive, pornographic, discriminatory, or anything that does not meet the standards determined solely and exclusively by JobTarget.

Using our Website or Service with the intent of hurting, damaging, destroying, or otherwise infringing on the stability and usefulness of our Service.

Uploading anything that is designed to damage the systems (ex. viruses, Trojan horses, worms, time bombs, etc.) or designed to crack the system or extract protected data.

Spamming, phishing or abusing any other user or using data obtained from the Website or Services to do so.

Distributing what JobTarget defines as protected materials to any third-party, including but not limited to contact data, passwords, personal information, discounts or promotions. This includes the sharing of protected data with other users.

Utilizing data from the Website to or attempt to bypass the Website’s security and extract protected data from outside sources.

Aggregating, packaging, spidering, collecting, scraping, or displaying any of the Content on this Website without the express written consent of JobTarget.

Copying, duplicating or using any of the coding, markup language, or software that comprises the Website or any of the Services. None of these items may be reverse-engineered or duplicated for any purpose.

Changes/Modifications

JobTarget may modify this Agreement at any time upon posting a new version via the Website or by other notice to you. You should review this Agreement periodically. Your continued access to or use of the Website or Service constitutes acceptance of modified provisions. This Agreement may otherwise only be modified by a writing signed by both parties.

Termination of Service and Access

We reserve the right to change the contents of this Website or to discontinue or change the Service at any time, as well as the right to deny access to the Website to any person whom we have reasonable grounds to believe may be using the Website for an unlawful, fraudulent, or unauthorized purpose or in a manner that may harm us. JobTarget shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service made available through this Website. Sections intended to survive, including regarding dispute resolution, disclaimers, limitations of warranties and liability, intellectual property (other than your license to use the Service), and miscellaneous terms, shall expressly survive any termination of this Agreement.

Accounts

To use parts of the Service, you must use an account. You represent and warrant that all account information you provide is current, complete, and accurate and that you will update that information as necessary. You are responsible for maintaining the confidentiality of your account information, and you agree to notify JobTarget immediately of any unauthorized use of your account. We reserve the right to refuse, suspend, or terminate your account and license to use the Service, or take such other action as we deem necessary, in our discretion at any time for your suspected or actual breach of this Agreement or any applicable law.

Children

JobTarget’s Websites and Service are not intended for children under the age of 18.

Third-Party Websites

References and links to products and services belonging to third parties are provided for your convenience and do not represent our endorsement of such products or services. Materials accessible from or provided to us by third parties, including, but not limited to, job listings, applications, resumes, messages or emails, are strictly the responsibility of the third-party. All statements and/or opinions expressed in third-party materials are solely the opinions and responsibility of the third-party providing those materials. While we reserve the right to monitor third-party content and to remove materials that we believe are inappropriate, we do not assume any obligation to do so and disclaim any liability for failing to take such action. We are not responsible or liable for the content or accuracy of any materials provided by any third parties. Terms and conditions of third parties may apply to those products or services provided by such third parties.

Disclaimers and No Warranties

JobTarget makes no guarantees as to the accuracy or reliability of any data or Content made available on our Websites or Service. Any damages incurred by reliance upon this information is not the responsibility of JobTarget or its affiliates or partners. By using our Service, you assume all responsibility for and risk arising from your use of and reliance upon the Contents or information provided.

You knowingly and freely assume all risk when using the Service. You assume all liabilities and risks associated with your interaction with individuals you come into contact with through the use of our Service. JobTarget does not take responsibility for ensuring the identity of individuals, recruiters or Employers involved in interactions or communications through the use of our Websites or Service. We make no guarantees as to the legitimacy or accuracy of any job postings, resumes, profile or any type of postings or information we deliver.

OUR SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. JOBTARGET DISCLAIMS ALL WARRANTIES WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. JOBTARGET DISCLAIMS ANY AND ALL LIABILITY TO YOU ARISING OUT OF INTERRUPTION OR DAMAGE TO YOUR COMPUTER SYSTEM OR SOFTWARE AS THE RESULT OF ACCESSING OR OTHERWISE USING THIS WEBSITE OR OUR SERVICE. WE NEITHER WARRANT NOR REPRESENT THAT THE SERVICE OR INFORMATION PROVIDED WILL ENABLE YOU TO ACHIEVE ANY PARTICULAR RESULT OR OUTCOME, LEGAL, ECONOMIC, EDUCATIONAL, OR OTHERWISE.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL JOBTARGET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOST EMPLOYMENT OPPORTUNITY, LOSS OF PRIVACY, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, REGARDLESS OF THE FORESEEABILITY OF THE LOSS OR DAMAGES OR NOTICE OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE LOSS OR DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER THEORY OR FORM OF ACTION. IN NO EVENT WILL JOBTARGET, ITS AFFILIATED ENTITIES OR AGENTS BE LIABLE (INDIVIDUALLY AND IN THE AGGREGATE) TO YOU FOR ANY AMOUNT FOR DIRECT DAMAGES EXCEEDING USD $500 OR THE AMOUNT YOU PAID TO JOBTARGET DURING THE TWELVE MONTHS PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE IF GREATER. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT WILL NOT ENLARGE OR EXTEND THIS LIMITATION OF DAMAGES.

Indemnification

You agree to indemnify, defend and hold harmless JobTarget, its parents, subsidiaries, affiliates, officers, directors, employees, representatives, agents, successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, actions, losses, harms, costs, expenses or fees (including reasonable attorneys’ fees), whether to you or to third parties, arising out of or relating to (a) your Content, (b) your use of the Websites or Services, (c) your actions as an employer, (d) your violation or breach of these terms, (e) your violation of any applicable laws or regulations, or (f) your violation of any third-party agreement or right, including without limitation any copyright, property or privacy right.

Data Usage and Communications

By using the Websites or Services, you agree that JobTarget may collect, monitor, and use data and analytics on your use of the Websites or Services to provide the Services and for its internal uses for product improvement, quality, maintenance and security purposes, which may include the use of artificial intelligence and machine learning. You further consent to the collection, monitoring, recording, and use of information about your use of the Websites or Services by any third-party vendor acting on JobTarget’s behalf.

By utilizing any chat feature available as part of JobTarget’s Websites or Services you consent to the collection, recording, and use of information about you and the chat session by JobTarget and any third-party vendor acting on JobTarget’s behalf.

For further information on JobTarget’s use and collection of personal data, please refer to JobTarget’s Privacy Policy.

Artificial Intelligence

JobTarget may make available products or services that use algorithms, artificial intelligence or machine learning (collectively, “Artificial Intelligence”). Use of Artificial Intelligence is at your own risk and you agree to take full responsibility for the use of Artificial Intelligence, including any inaccuracies and non-compliance with applicable laws or regulations. You are also responsible for reviewing content or output of any Artificial Intelligence for accuracy, appropriateness and compliance where applicable.

DMCA Policy

JobTarget respects the intellectual property rights of others and as such, we follow the notice and takedown procedures in the Digital Millennium Copyright Act ("DMCA"). If you believe Content located on or linked to by the Service violates your copyright, please immediately notify us by emailing us a takedown notice ("Infringement Notice"), providing this information: (a) a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; (b) an identification of the copyright claimed to have been infringed; (c) a description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit JobTarget to find and positively identify that material; (d) your name, address, telephone number, and email address; and (e) a statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf. Infringement Notices should be sent to privacy@jobtarget.com with the subject line "DMCA Notice." You may also contact us at 860-440-0635 or by mail at 600 Summer Street, 5th Floor, Stamford, CT 06901. JobTarget will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material. If we take action in response to an Infringement Notice, we will make a good faith attempt to contact the person or entity who made the Content available. Under the DMCA, you may be held liable for damages based on material misrepresentations in your Infringement Notice. If you believe we have disabled your Content in error, you may submit a counter notice under the DMCA.

Mobile Applications

In addition to the terms set forth in this Agreement, and notwithstanding anything to the contrary herein, the following terms apply to your use of JobTarget’s downloadable mobile applications available in device application stores (“JobTarget Apps”). The availability of any JobTarget App is dependent on the third-party stores from which you download the JobTarget Apps. Each third-party application store may have its own terms and conditions to which you must agree before downloading mobile applications from the store. By using any JobTarget App to enable your use of JobTarget’s Services, you are confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation and these Terms of Use, or as may be updated from time to time. JobTarget grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the JobTarget Apps solely in connection with the Services. You may receive communications through your use of a JobTarget App, including in-app messages, emails and/or text messages. By signing up for Services and/or a user account, you agree to receiving such communications from JobTarget, Job Seekers, Employers or other users. Carrier messaging and data rates may apply.

Miscellaneous

This Agreement is the entire agreement between JobTarget and you concerning the Website or Service, unless there is an applicable Service Order or otherwise agreed to in writing by both parties. This Agreement prevails over any client or Employer terms and conditions, regardless of whether a client or Employer has submitted a request for proposal, purchase order or other terms. Should any part of this Agreement be declared invalid, void, or unenforceable by the arbitrator or Court of Competent jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach. This Agreement and your rights and obligations under it will not be assignable or transferable by you without the prior written consent of JobTarget. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Except where expressly stated herein, there are no third-party beneficiaries to this Agreement. The headings in this Agreement are for convenience only. These Terms apply to the fullest extent permitted by applicable laws. You may have other rights and remedies not outlined above. JobTarget will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond JobTarget’s reasonable control, including “acts of God,” labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, pandemics, epidemics, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

English Language Controls

In the event of any conflict or discrepancy between any translated version of this Agreement and the English language version, the English language version controls. Notices, designations, determinations, and specifications made under this Agreement shall be in the English language.

JOB SEEKERS

The terms in this section apply to Job Seekers accessing the Websites or Services.

Postings & Submissions

This Website makes no guarantees as to the level of success you may achieve by using the Service. No refunds or rebates will be issued for usage that you determine to be unsuccessful.

We make no guarantee that information you submit will be received, delivered, and/or displayed as intended. Computer outages, software failure and other technical and non-technical issues may cause temporary outages that we cannot be held liable for.

Job postings are created and provided by third parties over whom JobTarget does not exercise control. JobTarget has no responsibility and disclaims all liability for the Content, accuracy, completeness, legality, reliability, or availability of a job posting or a job. Employers are solely responsible for compliance with all applicable laws, including anti-discrimination laws, pay transparency laws and any applicable privacy laws. JobTarget does not verify the validity of job offers and Job Seekers are solely responsible for ensuring the accuracy of any offer.

All Content is the sole responsibility of the person or entity from whom such Content originated. This means that you, and not JobTarget, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via JobTarget Websites and Service. JobTarget is solely a platform for you to connect to employers.

The Service is non-exclusive; posted jobs are potentially available to review by all job seekers, and job seeker resumes and applications are potentially available to all employers, even if you select to apply to a specific job posting. JobTarget does not author any Content provided by any user, nor does JobTarget have any control over the use of any such Content by any third parties who may access it, and JobTarget disclaims any liability to any user arising from such Content and or/use.

Each Job Seeker acknowledges and accepts that once Content is published to the internet and/or redistributed to a third-party, including when you apply for a particular job, that JobTarget no longer controls such Content. You acknowledge and agree that your job application and related information and Content may be viewable and used by other employers and that JobTarget has no obligation (and may be unable) to remove your job Content once it has been submitted to or accessed by any other party.

You acknowledge and agree that by submitting Content through the Websites or Service, you are considered a registered user of the Service. By submitting or otherwise providing any Content, you expressly grant, and represent and warrant that you have a right to grant, to JobTarget, a fully paid, royalty-free, sublicensable, transferable, non-exclusive, worldwide license to use, reproduce, adapt, make derivative works of all such Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and to distribute such Content and/or make such Content available without limitation, including but not limited to, sharing such Content with employers and recruiters. This license continues even if you stop using the Service, subject to any applicable laws.

By submitting your resume and/or job application data through the Websites or Service, you are authorizing JobTarget to process, store and maintain your resume and data contained in your job application. You further authorize JobTarget to make your resume and application data available to third parties, including Employers and Applicant Tracking Systems. JobTarget disclaims all liability for resume or application data that you choose to submit or send to an Employer.

JobTarget may provide you with the ability to use a resume that you store on a third-party website. If you choose to use a resume from a third-party website, you agree to allow JobTarget to communicate with that third-party to authenticate your account and to retrieve, provide and store your resume on JobTarget’s system. You understand that you will not have the ability to modify such resume once retrieved from the third-party and used for a job application. JobTarget is not responsible for any errors in a resume or Job Seeker information obtained from a third-party. JobTarget does not guarantee that retrieval of information from a third-party will be always available or that such service will be error free.

You may be able to register for a Job Seeker Account and access your profile using your account with a third-party website, such as Gmail or Facebook (“Third-Party Account”). If you access your Job Seeker Account through a third-party site, you agree that we may access, make available and store (if applicable) any information or data stored and made accessible in your Third-Party Account in order to make such information available in your Job Seeker Account or profile. Personally identifiable information may be provided to us by a Third-Party Account such as name, email address, phone number or location.

Your relationship with any third-party website(s) is governed solely by your agreement with that website. If you do not want us to receive your information from these third-party websites, do not access your resume or Third-Party Account through JobTarget’s Services.

JobTarget reserves the right to alter, edit, or remove any data or Content posted by you or on your behalf in its sole discretion. Except as otherwise required by applicable law, any Content, job application, or interest submitted to an employer, including through any direct application or by submitting Content as a registered user, will continue to remain in each employer’s possession; this will remain true, even after deleting your data in JobTarget. If you do not agree to this, then do not submit job applications or other data through the Websites or Service.

By using JobTarget’s Services, you agree that you may receive communications relating to the Services and your job applications from JobTarget and/or an employer. When you use the Websites to communicate, you agree to your communications and information being processed, reviewed and stored by JobTarget. You may receive communications, including but not limited to text messages, emails, messages or notifications relating to your or an Employer’s activity in connection with a job posting or application. JobTarget does not guarantee the delivery or receipt of communications sent through the Services or Websites or the date or time at which they may be sent. JobTarget may also offer you the opportunity to receive text messages. By submitting your phone number and consenting to receive text messages, you agree that JobTarget can send you text messages relating to the Services. Text message services are implemented by third-party providers, and JobTarget is not responsible for technical delays or malfunctions incurred by third-party providers.

You may control your User Consents from within your Job Seeker Account. You may also, if applicable, exercise your privacy rights from within your Job Seeker Account or by making an explicit request here. Refer to JobTarget’s Privacy Policy for further information.

Dispute Resolution

Please read this ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with JobTarget and limits the way in which you can seek relief from JobTarget.

Arbitration Agreement. If you and JobTarget cannot resolve a Claim through informal negotiations, the Claim shall be finally and exclusively resolved by binding arbitration. “Claim(s)” means any claim or dispute between the parties and/or their parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and/or assigns (who shall be third-party beneficiaries of this arbitration provision) arising out of or related to this Agreement or the Service. This Arbitration Agreement is reciprocal, and any election to arbitrate by one party shall be final and binding on the other. This Arbitration Agreement, including the interpretation and enforcement of this provision, shall be governed by the Federal Arbitration Act and federal arbitration law. The scope of this Arbitration Agreement is to be given a fair interpretation to the fullest extent permitted by applicable law and not strictly against either party.

The arbitration shall be commenced and conducted in English through JAMS (www.jamsadr.com) under its applicable rules, as modified by this Arbitration Agreement. If JAMS is unavailable to arbitrate, you and JobTarget agree to arbitrate using an alternative arbitral forum. The parties shall each participate in the selection of a single neutral arbitrator. All remedies or relief available to the parties under applicable laws shall remain available in arbitration. All issues, including the interpretation and enforceability of this arbitration provision, shall be determined by the arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. Unless you and JobTarget agree otherwise in writing, the arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence, provided that either party may elect to have the arbitration conducted by video conference or telephone. You and JobTarget will each pay your own attorney’s fees and costs unless an award of attorneys’ fees is available under applicable statute. This Arbitration Agreement does not limit any rights you may have under applicable statutes, including any rights to file a claim on an individual basis in small claims court or to seek an injunction. Either party may seek relief in a Court of Competent Jurisdiction to stay proceedings pending arbitration, to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator or for injunctive relief in aid of arbitration. YOU HEREBY WAIVE ANY CONSITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND TO HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR CONSOLIDATED BASIS. YOU AGREE NOT TO SUE JOBTARGET AS A CLASS PLAINTIFF OR CLASS REPRESENTATIVE, JOIN AS A CLASS MEMBER OR PARTICIPATE AS AN ADVERSE PARTY IN ANY WAY IN A CLASS ACTION LAWSUIT AGAINST JOBTARGET REGARDING YOUR USE OF THE WEBSITE OR SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CONTINUE TO USE THE WEBSITE OR SERVICE. NOTHING IN THIS PARAGRAPH, HOWEVER, LIMITS YOUR RIGHTS TO BRING A CLAIM AS AN INDIVIDUAL PLAINTIFF, AS SET FORTH ABOVE. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable as to a given dispute, claim or request for relief, then such aspect must be severed from arbitration and brought in the state or federal courts located in the State of Connecticut. All other disputes, claims or requests for relief shall be arbitrated.

Opt-out. You can decline this Arbitration Agreement by sending written notice of your decision to opt out within thirty (30) days of accepting these terms to: JobTarget, 600 Summer Street, 5th Floor, Stamford, CT 06901. You must include your name, address, email address and/or telephone number associated with your account, and a clear statement that you want to opt out of these arbitration terms.

Exclusive Venue. If you send an opt-out notice, and/or where the foregoing Arbitration Agreement permits either you or JobTarget to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing Arbitration Agreement will not apply to either party, and both you and JobTarget agree that any judicial proceeding will be brought in a Court of Competent Jurisdiction.

Severability and Survival . Except as provided in the section on Waiver of Class or Consolidated Actions, if any part or parts of this Arbitration Agreement are found to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. This Arbitration Agreement will survive the termination of your relationship with JobTarget.

Electronic Communications

By providing your email address or communicating with us or using the Service, you expressly consent to receiving communications from JobTarget which may contain job opportunities and/or other marketing or promotional messages. Providing consent to promotional communications is not a condition of purchasing any goods or services. You can unsubscribe from marketing communications at any time by following the unsubscribe instructions in each communication or by contacting us at privacy@jobtarget.com. If you unsubscribe from advertising content, we may still send you non-promotional communications, such as updates to our Terms or our Privacy Policy or communications relating to your job applications.

EMPLOYERS

The terms in this section apply to Employers, recruiter, organizations, individuals who work for those organizations, or any user using the JobTarget Websites or Services to look for individuals to hire to do work and/or to use the Recruitment Tools and/or Recruitment Platform.

Accounts

An Employer account may be created by JobTarget on the Employer’s behalf through the Employer’s Applicant Tracking System (“ATS”) or by the ATS. Your Account Administrator can make changes to the account settings. When you create an account or use the Websites or Services as an employee or other representative of an Employer, or if you created an account on behalf of an Employer, you represent and warrant that you have the authority to bind the Employer to this Agreement. When you create an account on behalf of an Employer, the account belongs to the Employer, and you acknowledge that any and all information that you provide to JobTarget through the account will be visible to the Employer.

Postings & Submissions

This Website makes no guarantees as to the level of success you may achieve by using the Service. No refunds or rebates will be issued for usage that you determine to be unsuccessful.

By using JobTarget’s Services, Employer agrees that JobTarget may obtain Employer’s jobs and other information through an automated feed, including but not limited to, from the Employer’s ATS, through an XML feed, website scraping or API integration. JobTarget may distribute Employer’s job postings to certain job sites as directed by Employer or Employer’s ATS. JobTarget may also obtain job applicant data and applications and transfer this information to Employer or Employer’s ATS. JobTarget makes no guarantees that all applications and information will be transmitted to Employer or that job applications will be complete.

JobTarget makes no guarantee that information you submit will be received, delivered, and/or displayed as intended. JobTarget is not responsible for the formatting or appearance of a job posting on a particular job site or data transcribing errors in content. Computer outages, software failure and other technical and non-technical issues may cause temporary outages for which we are not liable.

JobTarget may further facilitate the transmission of messages and communications between Employers and Job Seekers. JobTarget makes no guarantees that a party will receive all messages and communications or that messages and communications will be free from error or displayed correctly.

Employer represents and warrants that its Content complies with all applicable laws and regulations and that its Content does not violate applicable laws, including Title VII of the Civil Rights Act, the Equal Employment Opportunity Commission’s (“EEOC”) regulations, and local, state, federal or other laws prohibiting discrimination of applicants and/or requiring pay transparency. Client further represents and warrants that its job postings will not violate the rights of any third parties, including, but not limited to, infringement of any copyright, trademark or other proprietary right, false advertising, or defamation.

All Content is the sole responsibility of the person or entity from whom such Content originated. This means that you, and not JobTarget, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via JobTarget Websites and Service. JobTarget is solely the platform.

The Service is non-exclusive; posted jobs are potentially available to review by all job seekers, and job seeker resumes are potentially available to all employers. Moreover, job seekers retain ownership and control of their information and may submit applications or other Content to multiple employers or through the Service generally as a registered user. JobTarget has no knowledge of or control over Content provided by any user, nor does JobTarget have any knowledge or control over the use of any such Content by third parties who may access it, and JobTarget disclaims any liability to any user arising from such Content and or/use.

Each Employer acknowledges and accepts that once Content is published to the internet and/or distributed to a third-party that JobTarget no longer controls such Content. You acknowledge and agree that JobTarget has no obligation (and may be unable) to remove your job postings once they have been accessed by any other party, including job sites. Further, it is possible that a job opening may remain posted beyond the set time, and it is possible that certain job sites may redistribute content, including such postings, to other sites.

By using JobTarget’s Services, Employer agrees that JobTarget may receive data or information relating to job postings, job applications and actions taken by Employer in connection with a job applicant, including but not limited to, interview status, whether a job offer was made or an applicant was declined. Employer further agrees that JobTarget may communicate and exchange data with Employer’s ATS, job sites, the applicant and other third parties in connection with these applicant events.

Notwithstanding these Terms, JobTarget’s Easy Apply and Hosted Apply Product Term Sheet available at https://www.jobtarget.com/apply-systems-terms also applies if Employer’s jobs are posted with Easy Apply or Hosted Apply.

If the Service was purchased by your employer, the employer paying for such Service has the right to control access to and get reports on your use of such paid Service.

Employer agrees to provide JobTarget with any passwords, account or login credentials (“Account Credentials”) needed in connection with the provision of these Services. Employer acknowledges that failure to provide JobTarget with any necessary Account Credentials in a timely manner may result in a job not being posted.

By submitting or otherwise providing any Content, you expressly grant, and represent and warrant that you have a right to grant, to JobTarget, a royalty-free, sublicensable, transferable, non-exclusive, worldwide license to use, reproduce, adapt, make derivative works of all such Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and to distribute such Content and/or make such Content available without limitation. This license continues even if you stop using the Service.

Third-Party Products and Services

Employer agrees that it is responsible for complying with the terms and conditions of any third-party job sites or job boards posting Employer’s jobs. For LinkedIn job postings, Employer specifically agrees to the LinkedIn Jobs Terms and Conditions (https://www.linkedin.com/legal/jobs-terms-conditions). For Indeed job postings, Employer specifically agrees to the Indeed Terms of Service (https://indeed.com/legal) and that all data sent to or shared with Indeed shall be treated in accordance with the HR Tech Privacy Policies (https://hrtechprivacy.com).

Content and Consents

JobTarget reserves the right to alter, edit, or remove any data or Content posted by you or on your behalf. You may control your User Consents from within your Employer Account. You may also request that your Account Administrator make changes to your User Consents and account settings. For additional information, see JobTarget’s Privacy Policy or email privacy@jobtarget.com

ALL OTHER USERS

The terms in this section apply to all other users who use the Websites or Services in a capacity other than as a Job Seeker or Employer.

Postings & Submissions

This Website makes no guarantees as to the level of success you may achieve by using the Service. No refunds or rebates will be issued for usage that you determine to be unsuccessful.

We make no guarantee that information you submit will be received, delivered, and/or displayed as intended. JobTarget is not responsible for the formatting or appearance of a job posting on a particular job site or data transcribing errors in Content. Computer outages, software failure and other technical and non-technical issues may cause temporary outages for which we are not liable.

All Content is the sole responsibility of the person or entity from whom such Content originated. This means that you, and not JobTarget, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via JobTarget Websites and Services. JobTarget is solely the platform.

Every user acknowledges and accepts that once Content is published to the internet and/or redistributed to a third-party that JobTarget no longer controls such Content. You acknowledge and agree that JobTarget has no obligation (and may be unable) to remove your job Content once it has been accessed by any other party.

By submitting or otherwise providing any Content, you expressly grant, and represent and warrant that you have a right to grant, to JobTarget, a royalty-free, sublicensable, transferable, non-exclusive, worldwide license to use, reproduce, adapt, make derivative works of all such Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and to distribute such Content and/or make such Content available without limitation. This license continues even if you stop using the Service.

Third-Party Products and Services

You agree that you are responsible for complying with the terms and conditions of any third-party job sites or job boards posting your jobs. For LinkedIn job postings, you specifically agree to the LinkedIn Jobs Terms and Conditions (https://www.linkedin.com/legal/jobs-terms-conditions). For Indeed job postings, you specifically agree to the Indeed Terms of Service (https://indeed.com/legal) and that all data sent to or shared with Indeed shall be treated in accordance with the HR Tech Privacy Policies (https://hrtechprivacy.com).

Content and Consents

JobTarget reserves the right to alter, edit, or remove any data or Content posted by you or on your behalf. You may, if applicable, exercise your privacy rights, by making a request here. For more information, see our Privacy Policy.

Dispute Resolution

Please read this ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with JobTarget and limits the way in which you can seek relief from JobTarget.

Arbitration Agreement. If you and JobTarget cannot resolve a Claim through informal negotiations, the Claim shall be finally and exclusively resolved by binding arbitration.“Claim(s)” means any claim or dispute between the parties and/or their parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and/or assigns (who shall be third-party beneficiaries of this arbitration provision) arising out of or related to this Agreement or the Service. This Arbitration Agreement is reciprocal, and any election to arbitrate by one party shall be final and binding on the other. This Arbitration Agreement, including the interpretation and enforcement of this provision, shall be governed by the Federal Arbitration Act and federal arbitration law. The scope of this Arbitration Agreement is to be given a fair interpretation to the fullest extent permitted by applicable law and not strictly against either party.

The arbitration shall be commenced and conducted in English through JAMS (www.jamsadr.com) under its applicable rules, as modified by this Arbitration Agreement. If JAMS is unavailable to arbitrate, you and JobTarget agree to arbitrate using an alternative arbitral forum. The parties shall each participate in the selection of a single neutral arbitrator. All remedies or relief available to the parties under applicable laws shall remain available in arbitration. All issues, including the interpretation and enforceability of this arbitration provision, shall be determined by the arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. Unless you and JobTarget agree otherwise in writing, the arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence, provided that either party may elect to have the arbitration conducted by video conference or telephone. You and JobTarget will each pay your own attorney’s fees and costs unless an award of attorney’s fees is available under applicable statute. This Arbitration Agreement does not limit any rights you may have under applicable statutes, including any rights to file a claim on an individual basis in small claims court or to seek an injunction. Either party may seek relief in a Court of Competent Jurisdiction to stay proceedings pending arbitration, to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator or for injunctive relief in aid of arbitration. YOU HEREBY WAIVE ANY CONSITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND TO HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR CONSOLIDATED BASIS. YOU AGREE NOT TO SUE JOBTARGET AS A CLASS PLAINTIFF OR CLASS REPRESENTATIVE, JOIN AS A CLASS MEMBER OR PARTICIPATE AS AN ADVERSE PARTY IN ANY WAY IN A CLASS ACTION LAWSUIT AGAINST JOBTARGET REGARDING YOUR USE OF THE WEBSITE OR SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CONTINUE TO USE THE WEBSITE OR SERVICE. NOTHING IN THIS PARAGRAPH, HOWEVER, LIMITS YOUR RIGHTS TO BRING A CLAIM AS AN INDIVIDUAL PLAINTIFF, AS SET FORTH ABOVE. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable as to a given dispute, claim or request for relief, then such aspect must be severed from arbitration and brought in the state or federal courts located in the State of Connecticut. All other disputes, claims or requests for relief shall be arbitrated.  

Opt-out. You can decline this Arbitration Agreement by sending written notice of your decision to opt out within thirty (30) days of accepting these terms to: JobTarget, 600 Summer Street, 5th Floor, Stamford, CT 06901. You must include your name, address, email address and/or telephone number associated with your account, and a clear statement that you want to opt out of these arbitration terms.

Exclusive Venue. If you send an opt-out notice, and/or where the foregoing Arbitration Agreement permits either you or JobTarget to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing Arbitration Agreement will not apply to either party, and both you and JobTarget agree that any judicial proceeding will be brought in a Court of Competent Jurisdiction.

Severability and Survival. Except as provided in the section on Waiver of Class or Consolidated Actions, if any part or parts of this Arbitration Agreement are found to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. This Arbitration Agreement will survive the termination of your relationship with JobTarget.

© 2024 JobTarget ®