Effective Date: January 1, 2020
Welcome to JobzMall! Thanks for using our products and services (“Services”). The Services are provided by JobzMall Inc (“JobzMall”), located at 2030 Main Street Irvine, CA 92614, United States.
By using our Services, you are agreeing to these terms. Please read them carefully. Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
This User Agreement constitutes a binding agreement between you and JobzMall, Inc. or the JobzMall company operating the Website for the country in which you live or in which business is headquartered. You agree to accept these Terms each time that you use or access any JobzMall website or the JobzMall Services.
The JobzMall Services include any Web sites under JobzMall’s control, whether partial or otherwise, as well as any and all applications and services offered by JobzMall, including an online service to post and search for employment opportunities, as well as any application accessed through the Facebook Platform and/or any mobile or other application or interface that allows you to access any JobzMall Services. The JobzMall Services may also include online communities and communication tools designed to facilitate valuable professional and personal networking (“JobzMall Networking”) among users of the JobzMall Services (the “Users”). The JobzMall Services also include features designed to allow Users to create individual profiles (a “Profile”), which may include personal information, and to make these Profiles, or aspects thereof, public. In addition, JobzMall may collect information about you from publicly available websites and may use this information to create a Profile or append it to an existing Profile.
JobzMall may revise these Terms at any time by posting an updated version to this Web page, and the most current version will always be at this Web page. If the revision, in our sole discretion, is material, we will notify you through the Products or through Email. You should visit this page periodically to review the most current Terms because by continuing to access or use the JobzMall Services after those revisions become effective, you agree to be bound by the revised Terms.
Users who violate these Terms may have their access and use of the JobzMall Services suspended or terminated, at JobzMall’s sole discretion.
You must be at least 18 years of age to access and use the JobzMall Services and to view JobzMall Content (as defined below). By accessing and using the JobzMall Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are accepting these Terms and using the Products on behalf of an institution, company, organization, government, or other legal entity (individually or collectively, an “Institution”), then (a) “you” includes you and that Institution, and (b) you represent and warrant that you are an authorized representative of the Institution with the authority to bind the institution to these Terms, and that you agree to these Terms on the Institution’s behalf. You may use the JobzMall Services only in compliance with these Terms, any other agreement entered into by your Institution relating to the JobzMall Services, and all applicable local, state, national, and international laws, rules and regulations.
Protect your personal information by never providing social security, credit card or bank account numbers to prospective employers. You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify JobzMall of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account at the end of each session.
1. Use of JobzMall Content
JobzMall authorizes you, subject to these Terms, to access and use the JobzMall Services and the JobzMall Content (as defined below) solely for your personal, non-commercial use. The contents of the JobzMall Services, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other JobzMall content (collectively, the “JobzMall Content”), are protected under copyright, trademark and other laws. All JobzMall Content is the property of JobzMall or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the JobzMall Services is the exclusive property of JobzMall and is protected by copyright, trademark, and other laws. Unauthorized use of the JobzMall Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original JobzMall Content on any authorized copy you make of the JobzMall Content.
Any code that JobzMall creates to generate or display any JobzMall Content or any webpages or other components making up the JobzMall Services are also protected by JobzMall’s copyright, and you may not copy or adapt such code.
You agree not to sell or modify the JobzMall Content or reproduce, display, publicly perform, distribute, or otherwise use the JobzMall Content in any way for any public or commercial purpose, in connection with the products or services that are not those of the JobzMall Services, in any other manner that is likely to cause confusion among consumers, that disparages or discredits JobzMall or its licensors, that dilutes the strength of JobzMall’s or its licensor’s property, or that otherwise infringes JobzMall’s or its licensor’s intellectual property rights. You further agree to in no other way misuse JobzMall Content. The use of the JobzMall Content on any other application, web site or in a networked computer environment for any purpose is prohibited. Any code that JobzMall creates to generate or display any JobzMall Content or the pages making up any JobzMall Services is also protected by JobzMall’s copyright and you may not copy or adapt such code.
2. Use of the JobzMall Services
The job posting, resume database (“JobzMall Profile Database”) and other features of the JobzMall Services may be used only by individuals seeking employment and/or career information and by employers seeking employees. In addition, JobzMall Networking may be used by individuals for permitted professional and personal networking purposes. Your use of the JobzMall Services is also subject to any other contracts you or your Institution may have with JobzMall, including but not limited to any membership or subscription. In the case of any conflict between these Terms and any contract you or your Institution have with JobzMall, the terms of that contract will prevail. The term “post” as used herein shall mean information that you submit, publish or otherwise make available to JobzMall via the JobzMall Services.
All JobzMall Users agree to not:
(b) take any action that, in JobzMall’s sole discretion, imposes an unreasonable or disproportionately large load on any JobzMall Service’s infrastructure;
(c) use any device to navigate or search any JobzMall Services other than the tools available on the Services, generally available third party web browsers, or other tools approved by JobzMall;
(d) use with any JobzMall Service any data mining, robots or similar data gathering or extraction methods;
(e) violate or attempt to violate the security of any JobzMall Services, including attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization;
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of any JobzMall Services;
(h) aggregate, copy or duplicate in any manner any of the JobzMall Content or information available from any JobzMall Services, including expired job postings, other than as permitted by these Terms;
(i) frame or link to any JobzMall Content or information available from any JobzMall Services, unless permitted by these Terms;
(j) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses, or pirating media;
(k) post any resume or Profile or apply for any job on behalf of another party;
(l) defer any contact from an employer to any agent, agency, or other third party;
(m) set more than one copy of the same resume to public at any one time;
(n) share with a third party any login credentials to any JobzMall Services;
(o) access data not intended for you, or log into a server or account which you are not authorized to access;
(p) post or submit to any JobzMall Services any incomplete, false or inaccurate biographical information, or information which is not your own;
(q) post content that contains restricted or password-only access pages, or hidden pages or images;
(r) solicit passwords or personally identifiable information from other Users;
(s) delete or alter any material posted by any other person or entity;
(t) harass, incite harassment, or advocate harassment of any group, company, or individual;
(u) send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by you;
(v) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any JobzMall Services, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
(w) promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
(x) use the JobzMall Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that, according to JobzMall’s sole discretion, is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind.
Violations of system or network security may result in civil and/or criminal liability. JobzMall will investigate occurrences, which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
In short, do not give your username and password information to anyone else. We work very hard to provide you with the best service, so please be respectful for our work and our copyrights and trademarks. Always provide accurate and up to date information. Be reasonable and responsible. Do not share or post anything that will offend, harass or hurt other users.
3. Additional Terms Applicable to Potential Employers.
Employers are solely responsible for their postings on JobzMall Services. JobzMall is not to be considered to be an employer with respect to your use of any JobzMall Services, and JobzMall shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any JobzMall Services.
You understand and acknowledge that if you cancel your employer account or your employer account is terminated, all your account information from JobzMall, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from JobzMall’s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through JobzMall’s web servers.
In order to protect our JobzMall Users from commercial advertising or solicitation, JobzMall reserves the right to restrict the number of e-mails which an employer may send to Users to a number which JobzMall, in its sole discretion, deems appropriate. You shall use the JobzMall Services in accordance with all applicable privacy and data protection laws.
A Job posting may not contain:
(a) any hyperlinks, other than those specifically authorized by JobzMall;
(b) misleading, unreadable, or “hidden” keywords, repeated keywords, or keywords that are irrelevant to the job opportunity being presented, as determined according to JobzMall’s sole discretion;
(c) except when expressly permitted by JobzMall, the names, logos or trademarks of organizations unaffiliated with your Institution;
(d) the names of colleges, cities, states, towns or countries that are unrelated to the posting;
(e) more than one job or job description, more than one location, or more than one job category, unless the position/employment opportunity so allows;
(f) inaccurate, false, or misleading information; and
(g) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You may not use your JobzMall job posting, JobzMall Networking, or Profile to:
(a) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(b) post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
(c) post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
(d) with respect to Profiles, determine a consumer’s eligibility for: (i) credit or insurance for person, family, or household purposes; (ii) employment; or (iii) a government license of benefit.
(e) post jobs or other advertisements for competitors of JobzMall or post jobs or other content that contains links to any site competitive with JobzMall;
(f) sell, promote or advertise products or services;
(g) post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
(h) post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
(i) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
(j) promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;
(k) post jobs on any JobzMall Services for modeling, acting, talent or entertainment agencies or talent scouting positions;
(l) advertise sexual services or seek employees for jobs of a sexual nature;
(m) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
(n) endorse a particular political party, political agenda, political position or issue;
(o) promote a particular religion;
(p) post jobs located in countries subject to economic sanctions of the United States Government; and
(q) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
JobzMall reserves the right to remove any job posting or content from any JobzMall Services, which in the reasonable exercise of JobzMall’s discretion, does not comply with the above terms, or if any content is posted that JobzMall believes is not in the best interest of JobzMall.
If at any time during your use of the JobzMall Services, you made a misrepresentation of fact to JobzMall or otherwise misled JobzMall in regards to the nature of your business activities, JobzMall will have grounds to terminate your use of the JobzMall Services.
Use of the JobzMall Profile Database by Employers
You shall use the JobzMall Profile Database in accordance with this Agreement and any contract you have with JobzMall. You shall also use the JobzMall Profile Database in accordance with all applicable privacy and data protection laws, and you agree you shall not further disclose any of the data from JobzMall Profile Database to any third party, unless you are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
You shall take appropriate physical, technical, and administrative measures to protect any data you have obtained from JobzMall Profile Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Profile Database seat-based license login credentials with any other party, nor share Profile Database pay-per-view license login credentials with any party.
The JobzMall Profile Database shall not be used:
(a) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
(b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
(c) to source candidates or to contact job seekers or resume holders in regards to career fairs or any other business or employment opportunities prohibited by this section.
In order to ensure a safe and effective experience for all of our customers, JobzMall reserves the right to limit the amount of data (including resume views) that may be accessed by you in any given time period. These limits may be amended in JobzMall’s sole discretion from time to time.
In short, as an employer you are responsible for all information you share with and receive from JobzMall, and every employment decision you make. Be responsible, transparent and accurate about the information you post on JobzMall. Do not use the information you collect about job seekers for other than employment purposes.
4. Additional terms applicable to Job Seekers
When you register with any JobzMall Services, you will be asked to create an account and provide JobzMall with certain information including, without limitation, a valid email address.
Any Profile you submit must be accurate and describe you, an individual person. Profiles may requires standard fields to be completed, and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting you, other than your last name and URLs.
JobzMall may provide to its Users a variety of video options and tools to use in association with the JobzMall Services. For example, a User may be able to create and/or upload a Profile Video and/or Video Cover Letters. A Profile Video is your promotional video to promote you as a candidate employee. A Video Cover Letter is a specific video for a company or a job post where the candidate demonstrates why their skills are applicable to a specific job or company. None of these video options are interviews. You complete these independently and on your own.
JobzMall may permit the creation of audiovisual works (“Videos”) through the JobzMall Services via transmission of the images and sounds captured by your camera and/or microphone, including but not limited to any camera or microphone integrated with a mobile device through which you access the JobzMall Services, whereupon JobzMall may record and store those Videos. If you choose to create and publish a Video through JobzMall Services, you authorize JobzMall to record and store that Video, and, to the extent that it is necessary for the recordation of any such Video, you authorize the JobzMall Services to access your device’s camera and/or microphone. Videos that are Profile Videos will be published on JobzMall as part of your account. So long as the Profile Video remains in your account, Employer Customers and/or Staffing Customers may be able to view your Profile Video. You can re-record or delete Profile Video from your account at any time.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the JobzMall Services.
You understand and acknowledge that you have no ownership rights in your account, and that if you cancel your JobzMall account or your JobzMall account is terminated, all your account information from JobzMall, including resumes, Profiles, cover letters, saved jobs, and questionnaires will be marked as deleted in, and may be deleted from JobzMall’s databases, and will be removed from any public area of the JobzMall Services. Information may continue to be available for some period of time because of delays in propagating such deletion through JobzMall’s web servers. In addition, third parties may retain saved copies of your Information.
JobzMall reserves the right, in its sole discretion, to delete your account and all of your information after a significant duration of inactivity.
5. User Content and Submissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by you on or through a JobzMall Service (“User Content”) is the sole responsibility of the person from which such User Content originated. JobzMall claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through JobzMall, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through JobzMall, you grant JobzMall a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through JobzMall. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant JobzMall a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting JobzMall and its services. JobzMall will discontinue this licensed use within a commercially reasonable period after such User Content is removed from JobzMall. JobzMall reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
You also represent and warrant that you have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the license stated above. If you post User Content in any public area of any JobzMall Services, you also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any JobzMall Services retains any and all rights that may exist in such User Content. JobzMall may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any JobzMall Services. JobzMall reserves the right to expel Users and prevent their further access to or use of the JobzMall Services for violating the Terms or applicable laws, rules or regulations. JobzMall may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for JobzMall, damage JobzMall’s brand or public image, or cause JobzMall to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
JobzMall does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users, nor does JobzMall endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
The following is a partial list of User Content that is prohibited on the JobzMall Services. The list below is for illustration only, and is not a complete list of all prohibited User Content.
(a) is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
(b) harasses, incites harassment or advocates harassment of any group or individual;
(c) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”;
(d) promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(e) promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
(f) contains restricted or password only access pages, or hidden pages or images;
(g) displays or links to pornographic, indecent or sexually explicit material of any kind;
(h) provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
(i) provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media; and/or
(j) solicits passwords or personal identifying information from other Users.
You may not include, in any User Content submitted to JobzMall Networking, information that may be interpreted as a direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis.
You also acknowledge that the User Content you submit may be used to create Profiles (“Derived Profiles”) which may also be made available through the JobzMall Services. JobzMall does not make any representations regarding the accuracy or validity of such Derived Profiles or their appropriateness for evaluation by employers. Derived Profiles may differ significantly from User Content.
Please be advised that our policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. Do not submit creative ideas, inventions, suggestions, or materials. If you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of JobzMall. None of the Submission shall be subject to any obligation of confidentiality on our part, and we shall not be liable for any use or disclosure of any Submission. JobzMall shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
6. Payment and Subscription
You may register as a job seeker at no cost. As a job seeker, you may use some, but not all, of the features and services available within the JobzMall Services. As an employer, to access or use additional features and services, including the ability to communicate with other Users that are subscribers, you must become a paying subscriber. The subscription policies that are disclosed to you when you subscribe become a part of these Terms, and supersede these Terms the extent that they may conflict in any way. Absent special offers, such as free trial periods which may be offered from time to time to prospective subscribers and which may require you to opt out during the trial period if you do not wish to become a subscriber, you acknowledge and agree that if you are not a subscriber, you may not be able to use all the features and services available through the JobzMall Services.
JobzMall bills you through an online account (Your “Billing Account”) for use as a paying subscriber. You agree to pay JobzMall all charges at the prices you agreed to for your subscription using your Billing Account, and you authorize JobzMall to charge your chosen payment provider (your “Payment Method”) for your subscription. You agree to make payment using that selected Payment Method. You also authorize JobzMall to charge you for any sales or similar taxes that may be imposed on your subscription payments. JobzMall may correct any billing errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with Your Payment Method, JobzMall may in its discretion terminate your account immediately. If JobzMall successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated.
Your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to “Account Settings” on the Website and follow the directions contained therein. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a pro-rated refund of any portion of the subscription fee paid for the then-current subscription period. If you cancel your subscription, JobzMall may require a reasonable amount of time to process the action.
By subscribing, you authorize JobzMall to charge your Payment Method now and again at the beginning of any subsequent subscription period. Upon the renewal of your subscription, if JobzMall does not receive payment from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that JobzMall may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify JobzMall if your Payment Method is canceled (including if you lose access to your credit or debit card or other chosen method of payment), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at “Account Settings” on the Website. If you fail to provide JobzMall any of the foregoing information, you agree that you are responsible for fees accrued under Your Billing Account. In addition, you authorize JobzMall to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
JobzMall may terminate or suspend your subscription at any time without notice if JobzMall believes that you have breached these Terms. Upon such termination or suspension, you will not be entitled to any refund of unused subscription fees and, if applicable, all unpaid subscription amounts and other fees you owe will immediately be due. JobzMall is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
7. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement
JobzMall respects the intellectual property rights of others, and will respond to notices of alleged copyright and trademark infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(b) identification of the copyrighted work claimed to have been infringed;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) your contact information, including your address, telephone number, and an email address;
(e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
JobzMall reserves the right to remove User Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. To reach our designated copyright agent for notices of alleged copyright infringement, contact us at [email protected] or by regular mail at 2030 Main Street, Irvine, CA 92614.
8. Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others.
JobzMall respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners’ rights. As a condition to your use of the JobzMall Services, you agree not to use any JobzMall Service in a manner that infringes the intellectual property rights of others in any way. JobzMall reserves the right to terminate the accounts of any Users, and block access to the JobzMall Services for any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. JobzMall reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts at any time, in our sole discretion, of Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact JobzMall.
In short, we respect copyright. If anything goes wrong, please send an email with all the details to [email protected]. Please do not infringe the copyrights, or other intellectual property rights of others. JobzMall has the right to limit your access or terminate your account if you do so.
9. JobzMall‘s Liability.
The JobzMall Services act as, among other things, venues for (i) potential employers to post employment opportunities and search for and evaluate job candidates and (ii) job candidates to post resumes and Profiles and search for and evaluate job opportunities. JobzMall does not screen or censor the listings, including Profiles offered. JobzMall is not involved in, and does not control, the actual transaction between employers and job candidates. As a result, JobzMall is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to job candidates or the ability of job candidates to fill job openings, and JobzMall makes no representations about any jobs, resumes or User Content on the JobzMall Services. While JobzMall reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the JobzMall Services from time to time, JobzMall does not assume any obligation to do so, and to the extent permitted by law, disclaims any liability for failing to take any such action.
JobzMall Networking provides a venue for individuals to network for professional and personal purposes and JobzMall does not screen or censor the Profiles or User Content on the JobzMall Services. JobzMall is not involved in the actual communications between Users. As a result, JobzMall has no control over the accuracy, reliability, completeness, or timeliness of any Profile or User Content appearing or submitted on the JobzMall Services and makes no representations about any Profile or User Content on the JobzMall Services.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the JobzMall Services. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the JobzMall Services.
Because User authentication on the internet is difficult, JobzMall cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or otherwise control the behavior of participants on any JobzMall Services, in the event that you have a dispute with one or more Users, You release JobzMall (and our agents, officers, employees, and affiliates) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
The JobzMall Services and the JobzMall Content may contain inaccuracies or typographical errors. JobzMall makes no representations about the accuracy, reliability, completeness, or timeliness of any JobzMall Services or the JobzMall Content. The use of all JobzMall Services and the JobzMall Content is at your own risk. Changes are periodically made to JobzMall Services and may be made at any time. JobzMall cannot guarantee and does not promise any specific results from use of any JobzMall Services. No advice or information, whether oral or written, obtained by a User from JobzMall or through or from any JobzMall Service shall create any warranty not expressly stated herein.
If You are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
JobzMall encourages you to keep a back-up copy of any of your User Content. To the extent permitted by law, in no event shall JobzMall be liable for the deletion, loss, or unauthorized modification of any User Content.
JobzMall does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any JobzMall Service, or any other representation, warranty or guarantee. Any such undertaking, representation, warranty or guarantee would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
If you believe that something on any JobzMall Services violates these Terms, please contact our designated agent as set forth in Section 7 above.
If notified of any content or other materials which allegedly do not conform to these Terms, JobzMall may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. JobzMall has no liability or responsibility to Users for performance or nonperformance of such activities.
10. Disclaimer of Warranty
TO THE FULLEST EXTENT POSSIBLE BY LAW, JOBZMALL DOES NOT WARRANT THAT ANY JOBZMALL SERVICES WILL OPERATE ERROR-FREE OR THAT ANY JOBZMALL WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY JOBZMALL SERVICES OR THE JOBZMALL CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING OF EQUIPMENT OR DATA OR ANY OTHER COSTS, JOBZMALL IS NOT RESPONSIBLE FOR THOSE COSTS. THE JOBZMALL SERVICES AND JOBZMALL CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. JOBZMALL, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. JOBZMALL MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE JOBZMALL CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
11. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL JOBZMALL, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY JOBZMALL SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE OR ACCESS ANY JOBZMALL SERVICES AND THE JOBZMALL CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JOBZMALL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability.
TO THE FULLEST EXTENT POSSIBLE BY LAW, JOBZMALL’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY JOBZMALL SERVICES OR YOUR USE OF THE JOBZMALL CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
13. Links to Other Sites.
The JobzMall Services may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by JobzMall of the contents on such third-party websites. JobzMall is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party Web sites, you do so at your own risk.
In short, we are not liable if something goes wrong. JobzMall is not responsible for any of the third party websites.
14. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any JobzMall Services.
You agree to defend, indemnify, and hold harmless JobzMall, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material you provide to any JobzMall Services, (ii) your use of any JobzMall Content, or (iii) your breach of any terms of this Agreement. JobzMall shall provide notice to you promptly of any such claim, suit, or proceeding.
JobzMall makes no claims or representations that the JobzMall Content may be lawfully viewed or accessed outside of the United States. Access to the JobzMall Content may not be legal by certain persons or in certain countries. If you access any JobzMall Services, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any software downloaded from any JobzMall Services is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
These Terms are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Orange County, California. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, JobzMall’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect JobzMall’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional terms for certain areas of the JobzMall Services, a particular “Legal Notice,” or software license or material on particular pages on the JobzMall Services, the terms of this Agreement constitute the entire agreement between you and JobzMall with respect to the use of the JobzMall Services. No changes to these Terms shall be made except by a revised posting on this page.
17. Additional Terms.
Certain areas of the JobzMall Services are subject to additional terms. By using such areas, or any part thereof, you agree to be bound by the additional terms applicable to such areas.
18. Mobile Software.
Certain of JobzMall’s Services may be embodied in or accessible via software for a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. JobzMall does not warrant that any Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.
You acknowledge that JobzMall may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
When you access the JobzMall Services using a mobile device, including through the Mobile Software, JobzMall may also have transmitted to it certain unique identification numbers or other identifiers associated with your device or the Mobile Software. This may include, for example, a Unique Device Identifier (“UDID”), a Google Ad ID, a Windows Advertising ID, A Unique ID for Advertisers (“IDFA”), a mobile carrier, a device type, model, and manufacturer, a mobile device operating system and version, a phone number, and depending on your mobile device settings, geographic location data such as GPS coordinates. Your mobile operating system may let you opt-out from having certain device identifiers used. You should refer to the instructions provided by your mobile device’s manufacturer; this information is typically available under the “settings” function of your mobile device.
By using any downloadable application to enable your use of the JobzMall Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.
A. Mobile Software from App Store by Apple
The following applies to any Mobile Software you acquire from the App Store (“App Store-Sourced Software”):
You acknowledge and agree that these terms are solely between you and JobzMall, not Apple, and that Apple has no responsibility for the App Store-Sourced Software or content thereof. Your use of the App Store-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Software. In the event of any failure of the App Store-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these terms and any law applicable to JobzMall as provider of the software. You acknowledge that Apple is not responsible for addressing any of your claims or those of any third party relating to the App Store-Sourced Software or your possession and/or use of the App Store-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to JobzMall as provider of the software. You acknowledge that, in the event of any third-party claim that the App Store-Sourced Software or your possession and use of that App Store-Sourced Software infringes that third party’s intellectual property rights, JobzMall, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You also represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You and JobzMall acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the App Store-Sourced Software, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the App Store-Sourced Software against you as a third-party beneficiary thereof.
B. Mobile Software from Google Play Store.
The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Terms are between you and JobzMall only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) JobzMall, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Terms as relates to JobzMall’s Google-Sourced Software.
C. Mobile Software from Microsoft Store
The following applies to any Mobile Software you acquire from the Microsoft Store (“MS-Sourced Software”): (i) you acknowledge that the Agreement is between you and JobzMall only, and not with Microsoft Corporation (“Microsoft”); (ii) your use of MS-Sourced Software must comply with Microsoft’s then-current Microsoft Store Terms of Service; (iii) Microsoft is only a provider of the Microsoft Store where you obtained the MS-Sourced Software; (iv) Jobzmall, and not Microsoft, is solely responsible for its MS-Sourced Software; (v) Microsoft has no obligation or liability to you with respect to MS-Sourced Software or this Agreement; and (vi) you acknowledge and agree that Microsoft is a third-party beneficiary to the Agreement as it relates to JobzMall’s MS-Sourced Software.
19. Term and Termination.
These Terms will remain in full force and effect while you are a User of any JobzMall Services. JobzMall reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from the JobzMall Services and immediate termination of your registration with or ability to access the JobzMall Services and/or any other services provided to you by JobzMall, upon any breach by you of these Terms or if JobzMall is unable to verify or authenticate any information you submit. Even after you are no longer a User of the JobzMall Services, certain provisions of these Terms will remain in effect, including Sections 1, 2, 5, 7 through 16, inclusive.
In short, you agree to all the terms stated above. If we believe that you have breached certain parts of this agreement, JobzMall has the right to terminate your account.
If you have additional questions about this notice or how to exercise your rights, please contact us at [email protected] or write us:
2030 Main Street, Suite 1300
Irvine, CA 92614
Note: we may need to change these rules from time to time in order to support our goal of promoting a healthy public conversation. The most current version is always available at https://about.jobzmall.com/legal. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms of Service.