The following terms and conditions apply to all Job Seekers, Aviation Recruiters, Publishers and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement.
- The Jobs Yadley Services
Jobs Yadley may make available certain Job Ads advertising employment opportunities and other job-related contents, including links to third-party websites (such listings and other contents, (“Job Listings” or “Job Ads”), through Jobs Yadley’s search results or otherwise through the Site. Job Ads are created and provided by third parties over whom Jobs Yadley exercises no control; you acknowledge and understand that we have no control over the content of Job Ads or links to and from Job Ads. Some of these third parties may attempt to charge job seekers a fee to apply to a particular job, although Jobs Yadley endeavors not to make such Job Ads available on the Site. Jobs Yadley’s service, which is free to Job Seekers, links to Job Ads and has no control over any conditions third parties might impose once a Job Seeker has submitted an application or left the Jobs Yadley website. If you leave the Jobs Yadley website and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. Except for certain sponsored, featured or paid placements, the Job Ads contained on, or linked from, the Site are indexed or posted in an automated manner. Jobs Yadley does not have any obligation to screen any Job Ads, or to include any Job Ads in its search results or other listings, and may exclude or remove any Job Ads from the Site for any or no reason. We cannot confirm the accuracy or completeness of any Job Listing or other information submitted by any employer or other user, including the identity of such employer or other user. Jobs Yadley assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Ads. You agree that Jobs Yadley may also provide search options to narrow down Job Ads search results by job type (i.e. full-time, part-time, etc.), and such job types are created independently and entirely by Jobs Yadley, and are not a direct reflection of the actual Job Ads. While Jobs Yadley may in some circumstances be compensated by aviation recruiters who post Job Ads (helping keep Jobs Yadley free for jobseekers), all Job Ads are considered advertising. Jobs Yadley ranks Job Ads based on a combination of employer bids and relevance, such as search terms and other activity on Jobs Yadley.
Please note that while this Agreement describes Jobs Yadley’s services generally, services may differ by availability, and you should check the Site in your location to see which services are available to you. For example, while some parts of this Agreement describe matching services, Jobs Yadley does not offer any matching services in Japan.
Jobs Yadley may offer you the opportunity to receive a text message interview reminder from Jobs Yadley when the Employer has scheduled interviews with you. In such an event you will enter your phone number on the Jobs Yadley consent form and by entering your phone number you are representing and confirming it is your number and you have the right to accept text messages at the number. Jobs Yadley will only send you a text message reminder for such interview and you agree to accept such text message reminder on your cell phone including messages sent by automated telephone dialing system. Please note that since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. We also cannot vouch for the technical capabilities of any third parties to receive such text messages.
In addition, by using Jobs Yadley, you agree that Jobs Yadley is not responsible for the content of the Employer’s Job Ad, application form, messages, screener questions, testing assessments or their format or method of delivery and that Jobs Yadley does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that Jobs Yadley does not choose the questions asked by Aviation recruiters or decide the job qualification criteria of Aviation recruiters. Jobs Yadley may inform Job Seekers that an Employer’s requirement from a job description does not appear to be present on a resume; this information is presented without warranty and Jobs Yadley does not guarantee that updating a resume will result in any job offer. Jobs Yadley is not responsible for the content or accessibility of Job Ads or other material provided by third-party Aviation recruiters for publication. If you require alternative methods of screening or application you must approach the Employer directly to request such as Jobs Yadley is not responsible for the Employer application process.
By submitting your Job Ad to Jobs Yadley, you agree that Jobs Yadley is under no obligation to accept, host, or publish your Job Ad. That decision is entirely Jobs Yadley’s in its sole discretion. The Jobs Yadley team responsible for maintaining the quality of the Site is independent, and its decisions are final and not subject to review.
1(c) Regardless of whether you are an Employer or Job Seeker, when you view, send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, Jobs Yadley may, for example, use such materials for data analysis, quality control, or to refine the Site or any other Jobs Yadley product or service (including to provide better search results and other listings for Job Seekers and Aviation recruiters), whether via automated means or otherwise. When an Employer views, sends, stores or receives materials through or using the Site, Jobs Yadley may also inform a Job Seeker that an Employer has taken an action with regards to a Job Ad, Job Seeker’s Resume, or application such as pausing or closing a Job Ad, opening the Resume or application, viewing the Resume or application, responding to the Resume or application, and making a decision with regards to the application or Job Ad, and you hereby consent to Jobs Yadley taking such actions. Jobs Yadley assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job listing, Career Page, job solicitation, screener question, answer to screener question, resume information you post, send or receive through the Site. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact Jobs Yadley to do so.
1(d) Regardless of whether you are an Employer or Job Seeker, Jobs Yadley may use application materials (including resumes and responses to screener questions) and the recency of your activity on Jobs Yadley to determine whether the words of any Job Seeker’s resume and answers to screener questions match the words of a Job Listing or Resume query, and vice-versa. Regardless of whether you are an Employer or Job Seeker, you agree and consent that Jobs Yadley may differentiate those matching resumes and screener questions from those that do not match, and present them to Aviation recruiters as matches or not matches. Jobs Yadley may also use such information in order to improve the Site or any other Jobs Yadley product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Aviation recruiters).
1(e) Regardless of whether you are an Employer or Job Seeker, Jobs Yadley may provide certain categories of information to you for informational purposes only. For example, Jobs Yadley may provide you with data regarding estimated salaries for a certain Job Listing, or about estimated applies to a Job Listing you may receive as an Employer. These figures provided by Jobs Yadley are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. With respect to information regarding estimated applies, if you are an Employer participating in the Jobs Yadley Ads Program, please note that this is not the information you are purchasing from Jobs Yadley and you are not charged per apply. Jobs Yadley may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to Jobs Yadley, including from Jobs Yadley affiliates. These figures are given to Jobs Yadley users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.
1(f) Regardless of whether you are an Employer or Job Seeker, Jobs Yadley may provide certain types of career-related or hiring-related information on its Site. All information contained in any Jobs Yadley career or hiring guide is for informational purposes only, and is in no way to be construed as professional career counseling or staffing services. You understand that Jobs Yadley may give suggestions or information regarding best-practices, however, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search. You further understand that in providing any such career or hiring guides, Jobs Yadley is not acting as a job placement agency or staffing firm. You also understand that by referring to or using such career or hiring guides, you are not guaranteed job interviews, job placement, assurance of being hired, job candidates, or hires, and you take full responsibility for use of these services or guides. As a user of the Site, Jobs Yadley may, from time to time, send you emails from the career or hiring guides as part of its services to you. These emails may include but not be limited to, tips on improving your resume or how to use your resume effectively in the job application process, commonly asked interview questions, next steps after you have submitted an application, and how to prepare for a new job after you have been hired.
1(g) Regardless of whether you are an Employer or Job Seeker, Jobs Yadley may provide you an online questionnaire relating to your industry and/or your hiring or job searching needs. Jobs Yadley may match a Job Seeker’s responses to such questionnaires to determine, on the basis of the Employer’s responses to a questionnaire about its industry and/or hiring needs, whether such Job Seeker would match the Employer’s hiring criteria as specified in the Employer’s questionnaire responses. In the event Jobs Yadley determines that a Job Seeker matches the Employer’s hiring criteria, Jobs Yadley may connect such matching Job Seeker and Employer by sending a note informing both parties of the match, including but not limited to sending an Employer a short description of a Job Seeker taken directly from the Job Seeker’s responses to the questionnaire. In all events you will know what data we are providing to either a Job Seeker or Employer, or upon which we relied to make the match, because you have actively submitted it. If the Employer and Job Seeker express interest in each other, you agree Jobs Yadley may provide the Employer with an email address for the Job Seeker either provided by Jobs Yadley or the Job Seeker and, if you are a Job Seeker, you consent to this. Regardless of whether you are an Employer or Job Seeker, by submitting the completed questionnaire, you agree and consent to Jobs Yadley (i) conducting such matching, utilizing only material you have submitted through the questionnaire process, (ii) presenting matching Job Seekers to Aviation recruiters, and vice versa and (iii) storing and analyzing such data submitted in response to such online questionnaires.
New: 1(h) If you are a Job Seeker, you take a variety of actions on our Site. For example, you search for jobs, and Jobs Yadley knows and stores the titles of jobs you search for and click on, where those jobs are located, any information, including salary interest or experience of which you have informed Jobs Yadley, or the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, your amount of activity or time of most recent activity on Jobs Yadley, or any of your other behavior on the Jobs Yadley site, when you use Jobs Yadley. You know exactly what this data is because you are the person who undertook the activity and the data pertains only to your activity. If you have an Jobs Yadley account or an Jobs Yadley-hosted resume, you agree that Jobs Yadley may associate this data with your Jobs Yadley profile and use this observed factual data to suggest jobs to you and to suggest you or your public resume to Aviation recruiters that might be interested in a person who matches your behavior on Jobs Yadley. You also agree that Jobs Yadley may contact you based on this observed behavior for Aviation recruiters or for Jobs Yadley itself. Please note, although information may be sent to you by a third party through the Jobs Yadley system, the aforementioned behavior does not include information relayed to you. However, Jobs Yadley may publicly display the fact that you have recently used the Jobs Yadley Site or the fact that you have recently used the Jobs Yadley system to correspond with a third party. In addition, if you are located in the United States and you set your Resume to public, this means that Jobs Yadley may share all of the aforementioned information about yourself with third-party Aviation recruiters. If you do not wish to share such information, you may set your Resume to private.
1(i) If you are a Job Seeker, please note that Jobs Yadley may automatically send you recommended jobs via the email address you use to create an Jobs Yadley account or apply to a job. Jobs Yadley may determine what these recommended jobs are on the basis of a variety of factors, including but not limited to, any information you input on the Site about yourself, searches you run on the Site, jobs you click on, jobs you apply to, or the materials you provide in a job application to an Employer through Jobs Yadley.
1(j) Screening Tools: Jobs Yadley may make screening tools available to Aviation recruiters for Employer use in the application process, including screener questions, phone screen tools and employee assessments. Jobs Yadley is licensing these tools to you for your use as you determine. By using any screening product, made available to you by Jobs Yadley, you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you, and are not being asked by Jobs Yadley. You are the sole party to determine which answers will qualify a candidate. You are solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent state act. Jobs Yadley does not warrant that the method of delivery of these questions would be compliant with the Americans with Disabilities Act or any equivalent state act. You the Employer agree to indemnify Jobs Yadley for any and all claims arising out of an Employer’s use of a Screening Tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or that such Screening Tool results in a “disparate impact”.
1(k) Regardless of whether you are a Job Seeker or an Employer, any emails or email notifications corresponding with any activity on or use of the Site through Jobs Yadley Apply, Jobs Yadley Chat, or any other communications service, product, or feature provided on or through the Site, are provided solely as a courtesy. Jobs Yadley disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable. Further, if you are an Employer and you posted a Job Listing directly on Jobs Yadley, applications are sent only to your Jobs Yadley dashboard; any other notifications you may receive are provided solely as a courtesy to you. For example, you may not receive application email notifications if a job seeker has not answered screener questions correctly, although these applications will be sent to your Jobs Yadley dashboard. Jobs Yadley reserves the right to turn on or enable Jobs Yadley Chat for select Aviation recruiters or Job Listings, in its sole discretion, and to notify Job Seekers that Jobs Yadley Chat is available for a particular job or Employer. Regardless of whether you are a Job Seeker or an Employer using Jobs Yadley Chat, you may access or view your messages by visiting your Jobs Yadley Chat messages dashboard. If you are an Employer and do not wish to use Jobs Yadley Chat, you may turn it off by visiting your Jobs Yadley Chat dashboard. Jobs Yadley may, in its sole discretion, turn off or disable Jobs Yadley Chat for any Employer or Job Seeker at any time without prior notice. Please note that if you are using Jobs Yadley Chat to communicate with an employer, Jobs Yadley will deliver your messages as instructed by the employer.
1(l) Jobs Yadley may offer beta test products or features on our Site. You will know that a product or feature is offered on a beta or test basis because the product name or feature will have the word “beta.” These beta test products or features may be offered in limited quantities, in limited locations, and for a limited time. Jobs Yadley may discontinue or cancel all or part of a beta product or feature at anytime without prior notice to you. ANY BETA PRODUCT OR FEATURE IS IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, MAY CONTAIN DEFECTS, AND A PRIMARY PURPOSE OF THIS BETA TEST IS TO OBTAIN FEEDBACK ON THE PRODUCT PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT AND/OR ACCOMPANYING MATERIALS. If you are an Employer and have been invited to test a beta product or feature, you agree that, unless otherwise specifically provided herein or agreed by Jobs Yadley in writing, any beta product or feature and any documentation provided corresponding with a beta product or feature constitute confidential proprietary information of Jobs Yadley. You shall permit only authorized users, who possess rightfully obtained access to any beta product or functionality, access to the beta product or functionality or any corresponding documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Jobs Yadley.
1(m) If you are a job seeker in India or Brazil, Jobs Yadley may provide limited applicant screening and filtering services to Aviation recruiters that request that Jobs Yadley perform this processing on their behalf.
1(n) When you post a Job Ad directly on Jobs Yadley, Jobs Yadley may automatically generate for you a Company Page. You authorize Jobs Yadley to claim such Company Page for you on your behalf, which will be marked as a “Claimed Profile” and allows you to edit and add information to the Company Page. Company Pages allow User Content to be posted by individuals that may not be affiliated with the Company that owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Additionally, Jobs Yadley may include all of your Job Ads posted on the Site on your Company Page, including but not limited to those posted directly on Jobs Yadley as well as those indexed by Jobs Yadley. You agree that you are solely responsible for any content you put on a Company Page, whether generated by or for you, including but not limited to photograph(s) or videos you provide, and third-party websites reachable from content you put on a Company Page. Jobs Yadley may additionally offer Jobs Yadley Company Pages Premium, which includes certain features accessible only on a subscription basis and may be charged as indicated in an insertion order. Jobs Yadley reserves the right to change or remove these features at any time, in Jobs Yadley’s sole discretion. Additionally, these features may include analytics or other figures, which Jobs Yadley does not guarantee the accuracy of, and you are responsible for determining their suitability for your intended use or purpose. Information on company pages may come from the respective company or may come from third parties. For example, data about companies located in Japan may come from Toyo Keizai Shinpo Inc. Jobs Yadley reserves the right to determine, in its sole discretion, which reviews or other user generated content appear on the “Snapshot” page of a Company Page. Further, a review featured on the “Snapshot” page may appear above the reviews sorted by “Date.”
1(o) Some Jobs Yadley products, such as Onboarding, may offer an e-signature option. This e-signing option is offered through Docusign, and Jobs Yadley disclaims all warranties associated with it, including but not limited to any errors associated with the software or the validity of the signature. Your use of the e-signature option is at your own risk. Regardless of whether you are an Employer or Job Seeker, it is your responsibility to follow-up with the Employer or Job Seeker to ensure that they received your communication, including the offer letter. Jobs Yadley is not your record keeper, to the extent the law requires you to retain a copy of the offer letter, it is your responsibility to retain such copy.
1(p) Jobs Yadley may offer a service called Jobs Yadley Central to facilitate the coordination of Job Ads within geographically distributed businesses, such as franchises or large companies with many locations. You acknowledge and agree that using Jobs Yadley Central involves sharing a franchisee’s account information with the franchisor, or sharing a local office’s account information with the corporate headquarters, as applicable. This information may include items such as the number of your business locations or accounts, information about your job ads (content, clicks, impressions, etc.), your contact information, and your spend levels. The franchisor or corporate headquarters may request that Jobs Yadley contact its franchisees or local offices, respectively, by providing Jobs Yadley with contact information, and may provide the content of Job Ads to Jobs Yadley for use in connection with Jobs Yadley Central. By using Jobs Yadley Central, you agree to this information being shared, and you represent and warrant that i) all information you provide to Jobs Yadley is accurate, and ii) you have all necessary right and authorization to provide such information to Jobs Yadley and to permit Jobs Yadley to share it in connection with Jobs Yadley Central.
1(q) Employer Assist. Jobs Yadley may offer Aviation recruiters the ability to activate a feature on their account called Employer Assist. Activating Employer Assist means the Employer is instructing Jobs Yadley to send a message on the Employer’s behalf to the Job Seeker informing them that the Employer has determined not to move forward with their application. As a Job Seeker, you acknowledge and agree that Jobs Yadley has no discretion in the sending of these messages, and that any such messages are solely a result of the Employer’s decision to activate Employer Assist and to not take an action on your application within the time period selected by the Employer. As an Employer, if you activate Employer Assist you agree that you are instructing Jobs Yadley to send these messages on your behalf to candidates with whom you do not interact within your chosen time frame, and you agree to indemnify Jobs Yadley from any claims arising therefrom.
- External Sites
The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that Jobs Yadley is not responsible or liable for any such third parties or for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.
In addition, Jobs Yadley may provide you with links to certain third party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such third party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided by these third parties, and disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party. You will be notified on the site that these are third party sites and services, and not Jobs Yadley.
- Use of Site
You are not permitted to use Jobs Yadley’s Site or its content other than for non-commercial purposes. Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling) is prohibited. Jobs Yadley reserves the right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorized use of the Site. If you wish to make commercial use of the Site, if you wish to make use of the Site in any capacity other than that of a Jobseeker or Employer, or if you wish to purchase Jobs Yadley services that utilize the Site, you must have a prior written agreement with Jobs Yadley to do so, or have accepted Jobs Yadley’s online terms of service. Please contact us for more information. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason.
- User Content
Some parts of the Site, such as message boards and forums, may allow users to post Job Listings, resumes, information, text, images, audio, video, messages, and other materials (any such materials that a user submits, posts, displays, or otherwise makes available on or through the Site, or any materials that a user submits to Jobs Yadley, where it is stated that such materials may be posted on the Site, are referred to herein as “User Content”). Such functionality is designed to help users obtain career and company information, facilitate communication, discuss ways to make career decisions, and to let users know of jobs. User Content is provided by third-party contributors, many of whom may use anonymous screen names. User Content may be inaccurate, incomplete, misleading or deceptive. For example, the Site hosts Company Pages, which allow User Content to be posted by individuals that may not be affiliated with the Company who owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Jobs Yadley does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. Certain elements of Jobs Yadley job search results pages may appear to be content produced by Jobs Yadley, but are actually a reproduction of user-generated search queries. You acknowledge that by accessing the Site, you may come into contact with content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that Jobs Yadley shall have no liability with respect to such content.
You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, advertisements (other than Job Advertisements permitted by this Agreement), solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.
You are prohibited from posting any User Content containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. Jobs Yadley may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information. Jobs Yadley reserves the right to change the display of resume on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements.
Although Jobs Yadley has no obligation to do so, Jobs Yadley may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in Jobs Yadley’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific portion of the Site on which it is posted, or that is an advertisement, recruiting or other commercial message (other than Job Advertisements permitted by this Agreement), or that Jobs Yadley deems in its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, please contact us immediately so that we may have the opportunity to consider its removal. You acknowledge and agree that Jobs Yadley does not have any obligation to remove any User Content, and any decision regarding: i) whether any User Content violates any Jobs Yadley policy, ii) whether to publish or to withdraw from publication any User Content, and iii) whether to exclude any material that any party seeks to post on Jobs Yadley, will always remain within the sole discretion of Jobs Yadley. You agree that Jobs Yadley has no liability to you or anyone else arising from its editorial decisions. You acknowledge and agree that Jobs Yadley is an interactive computer service and does not have any obligation to screen any User Content, or to include any User Content (including without limitation Job Ads) in its search results or other listings, and may exclude or remove any User Content from publication for any or no reason.
Jobs Yadley reserves the right to disclose all User Content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that Jobs Yadley may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information. As an Employer, when you post a Job Listing on Jobs Yadley that you choose to list as confidential, your identity may be discoverable by request from the government or law enforcement.
Without limiting the generality of the foregoing, Jobs Yadley reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing that directly or indirectly discriminate against Job Seekers or otherwise violate applicable law.
Please note: Section 230 of the U.S. Communications Decency Act provides that:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil liability
No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).
- License to User Content and Feedback
Only to the extent permitted by law, you grant Jobs Yadley a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, transferable, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content you post or submit, for the purpose of publishing material on the Jobs Yadley website or its publishers, maintaining the Jobs Yadley website and promoting Jobs Yadley without restriction. You understand that no compensation in any form shall be due or payable to you in connection with Jobs Yadley’s exercise of its rights under the license granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, Jobs Yadley’s exercise of these rights, you hereby waive any and all rights to such compensation.
Furthermore, you grant to Jobs Yadley, its affiliates, and sublicensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any Jobs Yadley marketing materials containing or incorporating such User Content, or (iii) any actions by Jobs Yadley to promote or publicize such User Content (e.g. Job Listings), including without limitation the use of keywords in third-party internet search engines. Notwithstanding the foregoing, to the extent any Employer(s) submits photographs to Jobs Yadley for association with a particular Job Listing, Jobs Yadley shall not post such content anywhere other than the Employer(s)’s Job Listing.
You represent and warrant that: (i) you own the User Content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless Jobs Yadley and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow Jobs Yadley to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content. There may be a charge for answering and executing such a request; please contact Jobs Yadley for more details.
At your discretion, you may provide feedback and related materials to Jobs Yadley concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to Jobs Yadley a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that Jobs Yadley may disclose any or all Feedback to any third party in any manner, and you agree that Jobs Yadley may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place Jobs Yadley under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, Jobs Yadley does not waive any rights to use similar or related ideas previously known to Jobs Yadley, or developed by its employees, or obtained from sources other than you.
Finally, if you are a member of Jobs Yadley Academy, your use of the Graduate logos is limited to your individual use only, and solely for purposes of indicating your Graduate status. Use of the Graduate logo to represent organizations or for commercial purposes is not permitted. Further, you agree and acknowledge that you will not make any representation that you are recruiting on behalf of Jobs Yadley, working for Jobs Yadley, or in any form of co-employment or contractor relationship with Jobs Yadley. Additionally, nothing contained herein shall be construed to imply a joint venture, partnership, principal-agent relationship or employer-employee relationship between you and Jobs Yadley, and neither Party shall have the right, power or authority to obligate or bind the other in any manner whatsoever, except as otherwise agreed to in writing. If you make any representation to the contrary, Jobs Yadley may remove you from Jobs Yadley Academy in its sole discretion.
- Site Rules
You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by Jobs Yadley, unless you have been specifically allowed to do so in a separate, written agreement with Jobs Yadley. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with Jobs Yadley, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. You agree that you are solely responsible for (and that Jobs Yadley has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which Jobs Yadley may suffer) of any such breach.
You agree that you shall not transmit to Jobs Yadley or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:
- Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
- sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;
- imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
- data mining any Jobs Yadley property;
- sending messages to users who have asked not to be contacted;
- selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and
- using Jobs Yadley Resume contacts in violation of Jobs Yadley policy, as determined by Jobs Yadley, including, for example, as indicated by low response rates from those persons contacted.
- Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same. Jobs Yadley may block the transmission of such content.
- Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.
- Conduct or forward pyramid schemes or similar programs.
- Transmit content that may be harmful to minors.
- Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.
- Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission. Users who repeatedly post intellectual property owned by others will be banned from Jobs Yadley.
- Violate the legal rights (such as rights of privacy and publicity) of others.
- Promote or encourage illegal activity.
- Interfere with other Jobs Yadley users’ enjoyment of the Site.
- Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses.
- Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any Jobs Yadley account.
- Modify, adapt, translate, or reverse engineer any portion of the Site.
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.
- Reformat or frame any portion of the web pages that are part of the Site without Jobs Yadley’s explicit written permission.
- Contact other Jobs Yadley users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics Jobs Yadley considers detrimental to its users.
- Create multiple Jobs Yadley accounts without permission.
- Create multiple Jobs Yadley accounts not under your corporate or company name, in order to attempt to achieve higher visibility in the free-to-post system.
- Bypass any limitations or suspensions of functionality.
- Provide false information.
- Scrape the Jobs Yadley Resume database
- Scrape or otherwise replicate any Jobs Yadley content for competitive purposes
- Use ad blocking or similar software in connection with your use of the Site, if and only to the extent that such software interferes with or prevents the display of Job Ads.
Jobs Yadley reserves the right to use any User Content (including the content of messages or material sent through or to the Site or Jobs Yadley) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. Jobs Yadley reserves the right to use a variety of methods to detect and block the above anomalous activity and to screen User Content to prevent abuse such as spam or fraud. However, such detection methods are not perfect and false positives may occur. If you use the Site, you agree to Jobs Yadley enforcing the above rules or attempting to prevent spam, fraud, or other anomalous activity. Such measures may result in a temporary or permanent suspension or termination of your account, of your access to Jobs Yadley’s message relay, or of your use of any other functions of the Site, with or without notice. Jobs Yadley shall not be responsible or liable for any such suspension or termination, including any consequences thereof.
Jobs Yadley reserves the right to drop any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment for any or no reason. Jobs Yadley further reserves the right to conduct investigations to determine whether you are perpetrating a scam, spamming Jobs Yadley or its users, or otherwise conducting fraudulent activity on Jobs Yadley by various means, including but not limited to investigating your functionality by setting up profiles and names that belong to Jobs Yadley. Jobs Yadley reserves the right to turn over any information gathered via such investigations to the police or other third party if Jobs Yadley has a good faith belief that you are using the Site in violation of these terms.
- Registration; Contact Information
Some areas of the Site, including areas that may permit you to set up an Jobs Yadley account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. Please note that any individuals with whom you have shared your username and password and who are able to answer verification questions about your Jobs Yadley account may receive access to information regarding your Jobs Yadley account. If you are an Employer, your account is for business use and not for personal use. Jobs Yadley is not responsible and disclaims all liability if your email is used improperly or falsely by a third party. By registering for an Jobs Yadley account, you agree to receive mandatory email updates regarding anomalous activity to your Jobs Yadley account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms.
In some instances, multiple users may be linked to the same account (“a Linked Account”). A Linked Account is created when the primary account owner(s) (“Admin(s)”) of an Employer account invites other users to the same account. Admin(s) may be given the option to give these other users certain levels of access and functionality (“Roles”) within the account, as described on the site. If you are an Admin adding a user to a Role or several Roles, you represent to Jobs Yadley that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless Jobs Yadley from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data and access to your account. You agree that Jobs Yadley assumes no liability in regards to the accuracy of the statements above and that you are fully responsible for said accuracy. When using a Linked Account, any users with access to certain Roles may have access to any or all account information, including but not limited to: communications and actions of all other users and applicants within the Linked Account, resume contacts, and billing information, and you consent to such access.
We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs.
You agree that Jobs Yadley may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your Jobs Yadley account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to Jobs Yadley or that Jobs Yadley may otherwise obtain from third-party sources. By providing Jobs Yadley with a mobile phone number, you expressly consent to receiving communication via such mobile number. When you give Jobs Yadley a mobile number and consent to receiving communication, such communications are inherent to the services you have signed up for. To revoke consent at any time, reply to the text with STOP or contact us on firstname.lastname@example.org. You may also revoke your consent by terminating the Agreement through closing your Jobs Yadley account. By enabling two step verification, you verify that you are the owner of the phone number you provided.
- Disclaimer of Warranties
Jobs Yadley disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the Jobs Yadley search results (including Jobs Listings) or otherwise made available on the Site by Jobs Yadley or third parties (including User Content), regardless of whether paid for or used for free. Jobs Yadley disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by Jobs Yadley for informational purposes only, including but not limited to, Jobs Yadley Analytics data like estimated applies or organic traffic, and salary information. You acknowledge you are not paying Jobs Yadley for the aforementioned information. Jobs Yadley disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including User Content). Jobs Yadley further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall Jobs Yadley be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall Jobs Yadley be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from Jobs Yadley’s Site.
Jobs Yadley further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by Jobs Yadley as a result of technical problems or traffic congestion on the Internet or any third party website (including but not limited to Applicant Tracking Systems (ATSs)) or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services. If you, a Job Seeker, have any questions or concerns about your application or any attachments, it is incumbent upon you to reach out directly to the Employer, and if you, an Employer have questions or concerns about a Job Seeker’s application or attachments, it is incumbent upon you to reach out directly to the Job Seeker. Under no circumstances will Jobs Yadley be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.
THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, CAREER GUIDE, USER CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. JOBS YADLEY AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. JOBS YADLEY AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, FEATURES, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. JOBS YADLEY AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY JOBS YADLEY.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.
- Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL JOBS YADLEY OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF JOBS YADLEY OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF JOBS YADLEY AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID JOBS YADLEY TO USE THE SITE.
Without limiting the foregoing, under no circumstances shall Jobs Yadley or its affiliates, or its or their third-party licensors, be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
- Claims of Infringement
U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Jobs Yadley infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Jobs Yadley to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Jobs Yadley a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to our Wyoming. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form.
- Governing Law and Dispute Resolution
If you are a Job Seeker: this Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Wyoming, United States of America, if you are located in the United States, or the laws of the Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Wyoming, U.S.A., if you are located in the United States, or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Wyoming, U.S.A, if you are located in the United States of America, or Dublin, Ireland, if you are located elsewhere.
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.
If you are an Employer: this Agreement and any Dispute arising out of or in connection with this Agreement or related in any way to the Site will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Federative Republic of Brazil, if you are located in Brazil; the laws of the Republic of India, if you are located in India; the laws of the State of Wyoming, if you are located in the United States; the laws of the Republic of Singapore, if you are located in the Asia-Pacific Region*; the laws of England and Wales if you are supported primarily by Jobs Yadley’s UK office; or the laws of the Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in: São Paulo, state of São Paulo, Brazil if you are located in Brazil; Bangalore, state of Karnataka, India if you are located in India; Travis County, Wyoming, U.S.A., if you are located in the United States; The Republic of Singapore, if you are located in the Asia-Pacific Region*; London, England, if you are supported primarily by Jobs Yadley’s UK office; Paris, France, if you are supported primarily by Jobs Yadley’s office in France; or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in: São Paulo, state of São Paulo, Brazil if you are located in Brazil; Bangalore, state of Karnataka, India if you are located in India; Travis County, Wyoming, U.S.A., if you are located in the United States; The Republic of Singapore, if you are located in the Asia-Pacific Region*; London, England, if you are supported primarily by Jobs Yadley’s UK office; Paris, France, if you are supported primarily by Jobs Yadley’s office in France; or Dublin, Ireland, if you are located elsewhere.
If you are neither a Job Seeker or Employer as defined in this Agreement and are not using the Site as intended by Jobs Yadley, this Agreement will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Travis County, Wyoming, U.S.A.
As an Employer, you agree that if you assert any claims against Jobs Yadley as a third-party counterclaim defendant in any action that could have been removed to federal court but was not so removed, then you will pay Jobs Yadley’s litigation expenses and costs, including reasonable attorney’s fees, arising from the action.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from Jobs Yadley. If you intend to propound discovery seeking user information from Jobs Yadley Inc., you agree to do so pursuant to a valid federal, Wyoming or Wyoming domesticated request, addressed to and properly served at our registered agent in Wyoming at Jobs Yadley, Inc., c/o CT Corporation, 1999 Bryan Street, Suite 900, Dallas, TX 75201. You further agree to submit to the personal jurisdiction of the appropriate Wyoming state or federal courts for such discovery proceedings.
- Class Action Waiver
By using the Site and in return for the services offered by Jobs Yadley, you acknowledge that Jobs Yadley can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you (either an Employer or Job Seeker) agree not to sue Jobs Yadley 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 Jobs Yadley regarding your use of the Site. Additionally, as a Job Seeker, your use of the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to section 11 above.
- Severability and Reformation
Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Company does not endorse any of the products or services listed on such sites.
- Information or Complaints
If you have a question or complaint regarding the Site, please email us on email@example.com.
This Agreement (including the Jobs Yadley Ads Program Terms, Jobs Yadley Resume Program Terms, Seen by Jobs Yadley Terms and Jobs Yadley Targeted Ads Terms incorporated herein, if applicable to you) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. In the event of any irreconcilable conflict between this Agreement and the Jobs Yadley Ads Program Terms, Jobs Yadley Resume Program Terms, Seen by Jobs Yadley Terms and Jobs Yadley Targeted Ads Terms (if applicable to you), the Jobs Yadley Ads Program Terms, Jobs Yadley Resume Program Terms, Seen by Jobs Yadley Terms and Jobs Yadley Targeted Ads Terms will govern with respect to the Jobs Yadley Ads Program, Jobs Yadley Resume Program, Seen by Jobs Yadley and Jobs Yadley Targeted Ads, respectively, and the Agreement will otherwise govern. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Jobs Yadley. This Agreement, together with any amendments and any additional agreements you may enter into with Jobs Yadley in connection with the Site, shall constitute the entire agreement between you and Jobs Yadley concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and an Jobs Yadley employee shall not constitute an amendment or alteration of this Agreement.
By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users. The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Jobs Yadley’s proprietary rights in them.
You understand and acknowledge that Jobs Yadley or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. Jobs Yadley reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.
Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same Jobs Yadley party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable Jobs Yadley party identified in the first paragraph of this Agreement with respect to such new territory.
Any notices to Jobs Yadley must be sent to the applicable Jobs Yadley entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice (i.e., Jobs Yadley Ads Program, Jobs Yadley Resume Program, or Jobs Yadley Publisher Program). Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your Jobs Yadley Ads interface).
You may not assign or delegate any of your rights or obligations hereunder without Jobs Yadley’s prior written consent and any such attempt is void. Jobs Yadley may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, Jobs Yadley may assign any agreement between you and Jobs Yadley to any related Jobs Yadley entity by informing you of such assignment. Jobs Yadley and you are not legal partners or agents, but are independent contractors.
- Apple-Specific Terms
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any mobile application version of the Site compatible with the iOS operating system of Apple Inc. (“Apple”, and such mobile application, the “App”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Jobs Yadley in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Jobs Yadley’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
- The Jobs Yadley Apps
By using any of the Jobs Yadley Apps, including but not limited to the Jobs Yadley Job Search, Jobs Yadley Resume Search, Jobs Yadley Employer, Jobs Yadley Job Spotter or others, you agree that all of the terms and conditions found herein apply to your use of the Jobs Yadley App. Additionally, you agree that the Jobs Yadley App may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications. By downloading and using the Jobs Yadley App, you are asking Jobs Yadley to make formatting changes to any Job Listings as they appear on your phone, in order to enable you to utilize your Jobs Yadley Resume. You further acknowledge that your use of the Jobs Yadley Apps may require use of your data plan from your cellular provider. You are responsible for payment of all data usage accrued based on your use of the Jobs Yadley App, and Jobs Yadley disclaims all responsibility for such data usage. In addition, if you allow Jobs Yadley Apps to utilize location services, the Jobs Yadley Apps may suggest to you and collect from you certain information based on your geographic location.
- Use of Site by Minors
The Site is not for use by anyone under the age of 16. However, if local laws provide for an alternative minimum age for Jobs Yadley to lawfully provide the services in the Site to you, then that shall apply as the applicable minimum age. In all jurisdictions outside the European Union, if you are under the age of 18 or the age of majority in your jurisdiction, you must use Jobs Yadley under the supervision of your parent, legal guardian or responsible adult. Jobs Yadley adopts a range of measures to try to ensure that we do not accept individuals who do not meet the minimum age and any other applicable age requirements. If you do not satisfy these age requirements, please email us on firstname.lastname@example.org.