Terms of Service

PLEASE READ THE FOLLOWING TERMS OF SERVICE (THE “TERMS OF SERVICE” OR THE “AGREEMENT”) CAREFULLY; IT IS A BINDING LEGAL AGREEMENT. BY COMPLETING THE REGISTRATION PROCESS, BROWSING WWW.SNAGAJOB.COM (THE “SITE”), DOWNLOADING THE “SNAGAJOB FOR EMPLOYERS” MOBILE APPLICATION (“APP”), AND/OR OTHERWISE USING THE SERVICE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE SNAGAJOB YOU HAVE NAMED AS THE USER, AND TO BIND THAT SNAGAJOB TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS OR USE THE SITE OR APP, OR THE SERVICES MADE AVAILABLE THROUGH THE SITE OR APP (COLLECTIVELY, THE “SERVICE”). THE SERVICE IS OPERATED BY SNAGAJOB.COM, INC. (“Snagajob”). YOUR USE OF THIS SITE OR APP IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS EXCEPT THOSE AGREED TO IN WRITING BETWEEN YOU AND SNAGAJOB.

Snagajob is offering the Service solely for use by the person or entity in whose name an account is registered through the Site or App (the “Subscriber” or “you”) and not for the use or benefit of any third party. Snagajob may change, suspend or discontinue the Service at any time, with or without notice to you, including the availability of any feature, database, or content. Snagajob may also impose limits on certain features of the Service or restrict Subscriber’s access to parts or all of the Service without notice or liability. Snagajob reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending Subscriber a notice via e-mail, and you consent to receipt of such electronic notice. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by Subscriber following such notification constitutes Subscriber’s acceptance of the terms and conditions of this Agreement as modified. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to this Agreement. You can review the most current version of the Terms of Service at any time at: https://www.snagajob.com/employers/terms-of-service/

PLEASE BE AWARE THAT SECTION 17 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

1. ACCESS TO THE SERVICE
Subject to your compliance with this Agreement, Snagajob grants to you, as a user who registers as an employer, a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal or internal business purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
Snagajob will use reasonable efforts to ensure that the Service is available twenty-four hours a day, seven days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Commercially reasonable steps will be taken by Snagajob to minimize such disruption where it is within Snagajob’s reasonable control. YOU AGREE THAT SNAGAJOB WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SERVICE OR OTHER CONTENT. Snagajob retains the right to create limits on use and storage with respect to the Service in its sole discretion at any time with or without notice.
While Snagajob will attempt to respond to all incoming support requests within one business day, there is no agreement to respond within a certain period of time. You understand that Snagajob uses third party vendors (hereinafter referred to as the “Vendors”) and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service and that Snagajob will not be responsible for any delay or failure of such Vendors.
Subscriber certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to use the Service is revoked in such jurisdictions. Snagajob makes no claim that the Service may be lawfully used or that Content (as defined hereafter) may be uploaded or downloaded outside of the United States. Access to Content may not be legal by certain persons or in certain countries. If you use the Service from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction. Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to and use the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. Subscriber shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
Except as otherwise agreed to by Snagajob in writing, your access to and use of the Service is subject to the following restrictions: (a) you shall not license, sell, resell (as a private label or with the inclusion of a markup fee), rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Services or any portion of Services, including the Site, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form) of Snagajob; (c) you shall not use any metatags or other “hidden text” using Snagajob’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Services in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Services. Any future release, update or other addition to Services shall be subject to this Agreement. Snagajob, its suppliers and service providers reserve all rights not granted in this Agreement.
Any unauthorized use of Services immediately terminates the licenses granted by Snagajob pursuant to this Agreement. You agree to access and use the Service at your own risk. Snagajob reserves the right to refuse Service to anyone, or cancel an account, for any reason at any time.
2. ACCOUNT AND REGISTRATION
When signing up for the Service, you must provide your full legal name, full company name, a valid e-mail address, and any other information requested in order to complete the signup process. When signing up for a paid account, or upgrading a free account to a paid account, you must provide your legal full name, full company name (if applicable), a valid e-mail address, your correct billing information, and any other information requested in order to complete the signup or upgrade process.
In addition the following terms also apply: You must be 18 years or older to use this Service. Accounts registered or automated login attempts by “bots” or other automated methods are not permitted. Your login may only be used by one person, a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. Snagajob cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user. Subscriber shall not share his or her password with any other person or entity; violation of this provision will be a material breach of this Agreement and may result in immediate cancellation of the Subscriber’s account. Subscriber agrees to notify Snagajob immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber’s account or password. Failure to do so shall constitute a material breach of this Agreement, which may result in immediate termination of Subscriber’s account.
One person or legal entity may not maintain more than one free account. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws of your jurisdiction (including but not limited to copyright laws). You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Snagajob, or any other Snagajob service.

 

3. SUBSCRIBER CONTENT STORAGE AND RETRIEVAL
The Service may only be used to transmit and store job applications and files associated with the process of hiring a candidate (hereinafter referred to as “Candidate”), job descriptions and comments with respect to the foregoing (all of the foregoing referred to herein as “Subscriber Content”). You may not upload advertisements or any other materials that do not fall within the definition of “Subscriber Content” or transmit unsolicited information, materials or data (including, without limitation, “spam” messages).
You are responsible for all Subscriber Content posted and activity that occurs through or under your account (even when Subscriber Content is posted by others). Any fraudulent, abusive or authorized activity may be grounds for termination of Subscriber’s right to Service or to access the Site and may be grounds for potential liability against Subscriber.
You agree that you shall not post or promote: inaccurate, false, or misleading information; including 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; job postings that involves any pyramid scheme, “club membership”, distributorship, or multi-level marketing opportunity; job posting that require applicants to pay to apply, pay for training, pay for training materials, or pay for samples; any postings that contains content that violates applicable laws; job posting where the job pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the Job Seeker would be selling, in which case such advertisements are permissible), or job postings for personal assistant, escort or adult entertainment, art buyer, pharmaceutical trials, nanny, or independent positions. You understand that the Service can be used for transmission of your Subscriber Content, and that during processing, your Subscriber Content may be transferred unencrypted over the internet, and you consent to such unencrypted transmission.
You must not transmit any worms or viruses or any code of a destructive nature or that attempts to automatically gather information from the screen (screen scraping). You may not use automated systems (“bots”) to upload multiple streams of data, such as for multiple Candidates, at once. If your bandwidth usage is excessive (as determined solely by Snagajob), in order to protect the responsiveness of the service for all Subscribers, we reserve the right to throttle your usage or disable your account until you can reduce your bandwidth consumption.
You acknowledge that all Content (as described below) is the sole responsibility of the party from whom the Content originated. That means that you, and not Snagajob, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through the Service, and that you and other users of the Service, and not Snagajob, are similarly responsible for all Content that they make available through the Service. While Snagajob prohibits certain conduct and content on the Service, you understand and agree that Snagajob cannot be responsible for the Subscriber Content posted on the Service and you nonetheless may be exposed to such materials, which you may find objectionable.
You acknowledge that Snagajob has no obligation to pre-screen Content or any other content submitted to or through the Service, although Snagajob reserves the right in its sole discretion to pre-screen, refuse, or remove any such Content. Snagajob reserves the right to remove any content, including any Content, that violates this Agreement or is otherwise objectionable.
Unless expressly agreed to by Snagajob in writing elsewhere, Snagajob has no obligation to store any Content or other content that you make available on the Service. Snagajob has no responsibility or liability for the deletion or accuracy of any content; the failure to store, transmit or receive transmission of content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Service.
4. USER INTERACTIONS
You are solely responsible for your interactions with other users and any other parties with whom you interact; provided, however, that Snagajob reserves the right, but has no obligation, to intercede in such disputes. You agree that Snagajob will not be responsible for any liability incurred as the result of such transactions.
Verbal, physical, written or other abuse (including threats of abuse or retribution) with respect to any Snagajob customer, employee, member, director, officer or Vendor will result in immediate account termination.

 

5. MESSAGING FUNCTIONALITY
The peer to peer messaging functionality is not to be used for emergency communications, and may only be used for lawful and authorized purposes. You and any user added to your organization or location shall not use the messaging functionality to:
upload, post, transmit, or otherwise make available anything that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

  1. harm minors in any way;
  2. impersonate any person or entity, including, but not limited to, a Snagajob employee, administrator, owner, or other member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. manipulate identifiers in order to disguise your or a user’s identity;
  4. upload, post, transmit, or otherwise make available any of information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  5. upload, post, transmit or otherwise make available information in a manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  6. provide access to the communication functionality of the Service to any third party;
  7. upload, post, transmit, or otherwise make available any commercial offers, advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  8. upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
  9. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges using the communication functionality of the Service;
  10. interfere with or disrupt the communication functionality of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including using any device or software;
  11. modify, adapt, or hack the communication functionality of the Service, including by using any non-public Snagajob APIs, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
  12. intentionally or unintentionally violate any applicable local, state, national or international law in connection with your use of the communication functionality of the Service, including, but not limited to, the Telephone Consumer Protection Act, 47 U.S.C. section 227, any data, privacy, or export control laws, or regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
  13. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  14. “stalk” or otherwise harass another; and/or
    collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above.

If you consent to receive SMS messages in connection with the peer to peer communication functionality of the Services, you certify that you are authorized: (a) to use the designated mobile phone number which will receive the SMS messages, and (b) to incur any mobile message or data charges that may be incurred by receipt of the SMS messages as message and data rates may apply. You also agree that by consenting to receive SMS messages in connection with the peer to peer communication functionality of the Services, Snagajob and its representatives may send you automated texts to numbers you associate with your account to inform you when messages from other users are waiting and for any other account-related, customer service or administrative purpose. You may opt out of receiving SMS messages by replying STOP to any Snagajob text message, changing your Snagajob account settings, or contacting the Snagajob Customer Support team at 866-277-1995.
You understand and agree that Snagajob has no obligations or liabilities associated with any use of the messaging functionality by you or a user that is added to your organization or location. If you add an organization or location in connection with the messaging functionality, you represent and warrant to Snagajob that you are the owner of that organization or location or are otherwise authorized by the organization or location. You understand and agree that you are solely responsible to ensure that a user added under your organization or location complies with the terms of this Section.
6. WARRANTY DISCLAIMER
Subscriber acknowledges that Snagajob has no control over, and no duty to take any action regarding: which Content (as defined hereafter) Subscriber accesses via the Site; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content. Subscriber releases Snagajob from any and all liability for Subscriber having acquired, used, relied on, acted upon (or not acquired) Content obtained or obtainable through the Site. Snagajob makes no representations or warranties concerning any Content contained in or accessed through the Site, and Snagajob will not be responsible or liable for the accuracy, completeness, copyright compliance or legality of material or Content contained in or accessed through the Site. Snagajob makes no guarantee that use of the Service will result in any placement, employment relationship or engagement.
THE SERVICE, CONTENT AND SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SNAGAJOB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE OR THE SERVICE, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SITE OR SERVICE WILL (A) BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS (E) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (F) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
TO THE FULLEST EXTENT ALLOWED BY LAW, SNAGAJOB DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE CONTENT, MATERIAL AND/OR SERVICE PROVIDED ON THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT SNAGAJOB IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; (2) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY CONTENT FROM THE SITE AND (3) DOWNLOADING INFORMATION CONTAINED ON THE SITE; INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM.
YOU ACKNOWLEDGE AND AGREE THAT THE SNAGAJOB PARTIES (AS DEFINED BELOW) ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE SNAGAJOB PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE SITE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU UNDERSTAND THAT SNAGAJOB DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE.
THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS RELATING TO IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SNAGAJOB AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND MEMBERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SNAGAJOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER SOUNDING IN CONTRACT, TORT, STRICT LIABILITY, WARRANTY OR OTHER LEGAL OR EQUITABLE THEORY, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (VI) OR ANY OTHER MATTER ARISING OUT OF OR RELATING TO THE SERVICE OR YOUR USE THEREOF (INCLUDING BUT NOT LIMITED TO SECURITY BREACHES RELATING TO DATA STORED IN CONNECTION WITH THE SERVICE). NOTWITHSTANDING THE FOREGOING, YOU MAY ONLY SEEK PUNITIVE DAMAGES FOR ANY ACTIONS BY A SNAGAJOB ACTUATED BY MALICE OR ACCOMPANIED BY A WANTON AND WILLFUL DISREGARD OF PERSONS WHO FORESEEABLY MIGHT BE HARMED.
UNDER NO CIRCUMSTANCES WILL SNAGAJOB, OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (“SNAGAJOB PARTIES”) BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID BY YOU TO SNAGAJOB DURING THE SIX (6) MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF SNAGAJOB PARTIES FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A SNAGAJOB PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A SNAGAJOB PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to Subscriber. The limitations specified in this Section will survive termination or expiration of this Agreement and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
8. INDEMNIFICATION
You agree to indemnify and hold harmless Snagajob, its contractors, and licensors, and their respective directors, officers, employees, members, shareholders and agents from and against any and all claims, liabilities, losses, actions, causes of action, demands, costs and expenses, including but not limited to attorneys’ fees, arising out of: (a) your use of or inability to use the Service (or any third party using Subscriber’s account), (b) your violation of this Agreement, (cb) your Content, including any Subscriber Content; (d) your violation of any rights of another party, including any users; (e) your violation of any applicable laws, rules or regulations; or (e) allegations that your employee procurement, screening, testing, assessment, hiring or firing policies or practices, or improper use of the Software or Service, violates any applicable employment, data protection, privacy or other law or regulation. The terms specified in this Section will survive termination or expiration of this Agreement. This provision does not require you to indemnify any of the foregoing parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or any Services provided hereunder.
9. MODIFICATION TO SERVICE
Snagajob reserves the right at any time or periodically to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of the Service, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to www.snagajob.com/employer-solutions/post-a-job/ or the Service itself. Snagajob shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
10. THIRD PARTY INTERACTIONS
The Service may contain links to other websites and Vendors. Any such links to other web sites do not represent an endorsement, sponsorship, or approval of the material on and/or generally of such website(s). Such other websites are not within the supervision or control of Snagajob or the Site. Unless explicitly otherwise provided, neither Snagajob nor the Site make any representation or warranty whatsoever about any third party site that is linked to the Site, or endorse the products or Service offered on such site. Snagajob and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Site or Snagajob, and its directors, officers, employees, agents and members with respect to such sites and third party content.
You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that these Terms of Service are between you and Snagajob and not with the App Store. Snagajob, not the App Store, is solely responsible for the Service, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Service, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Service, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
Snagajob assumes no liability for loss or damage as the result of the incorrect presentation of information, including prices and ratings, on any screen that results in a transaction of any kind, with a Vendor found through using the Service.
Snagajob provides no warranty or guarantee that you will receive the same results as shown in the customer testimonials or any other rating system found in the Service.
11. PAYMENTS, REFUNDS UPGRADING AND DOWNGRADING
Use of the service is free if you are participating in a “Free Trial Period.” A valid credit card is required for paying accounts. There will be no refunds or credits for partial terms (month, quarter, half-year, year) of service, upgrade/downgrade refunds, or refunds for terms unused with an open account unless outlined in a separate Service Agreement.
Your subscription to the Service will continue indefinitely until terminated in accordance with this Terms of Service. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Snagajob’s then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription prior to the Renewal Commencement Date (or in the event that you receive a notice from Snagajob that your subscription will be automatically renewed, you will have thirty days from the date of the Snagajob notice), by logging into and going to the “Change/Cancel Membership” page of your “Account Settings” page. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please contact Snagajob at customersupport@snagajob.com or log in and go to the “Change/Cancel Membership” page on your “Account Settings” page. 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 prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Snagajob to charge the payment method you used when you initially registered for the Service (“Payment Provider”), and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Snagajob does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Snagajob may either terminate or suspend your subscription and continue to attempt to charge your Payment 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).
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes on the income of Snagajob. You will be responsible for and agree to pay all sales, use, value-added, excise and other taxes, if any, relating to the Service, other than taxes based on Snagajob’s net income.
For any upgrade in plan level, your Payment Method that you provided will automatically be charged at the point in time when you upgrade. Downgrading your Service will not result in any refund and may cause the loss of access to content, features, or capacity of your account. Snagajob shall not be liable for any such loss.
If specified on the “Checkout” page, you will be charged the standard rate or the rate indicated on the “Checkout” page for free after the “Free Trial Period” has ended unless you remove such free Service from your account prior to the end of the “Free Trial Period”. You understand and agree that Snagajob may termination or otherwise remove access to functionality for free Service with or without notice during the “Free Trial Period”.
The Snagajob uses CyberSource Corporation (“CyberSource”), as the third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). By buying the Service, you agree to be bound by CyberSource’s Privacy Policy: https://www.cybersource.com/privacy/ and hereby consent and authorize the Snagajob and CyberSource to share any information and payment instructions you provide with Third Party Service Provider(s) to the minimum extent required to complete your transactions.
12. CANCELLATION AND TERMINATION
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the account link (visible after you log in) in the global navigation bar at the top of the screen and finding the “Cancel your account” link. This is the only way in which you may cancel your account. All of your Content will be immediately deactivated. If you cancel your Service before the end of your current paid up period (month, quarter, half-year, full-year), your cancellation will take effect immediately and you will not be charged again, nor will you receive a refund for the unused portion of the payment period. You will have access to your features up to the end date of your account paid period.
Snagajob, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation of your account and your access to your account, and the forfeiture and relinquishment of all Content in your account. Snagajob reserves the right to refuse service to anyone for any reason at any time.
13. COPYRIGHT AND CONTENT OWNERSHIP
The Site and its contents are intended solely for the use of Snagajob’s Subscribers and may only be used in accordance with the terms of this Agreement. The Service, and all materials displayed or performed through the Service, including, but not limited to text, data, information, graphics, logos, tools, photographs, images, illustrations, audio, video and animations (“Site Content”) are the property of Snagajob and/or third parties and are protected by United States and international copyright laws. All trademarks, service marks, and trade names are proprietary to Snagajob and/or third parties. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. Site Content and Subscriber Content are referred to collectively as “Content.”
The Site is protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. Except as explicitly permitted in the next paragraph of this Agreement, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Site Content, software, materials, or Service in whole or in part.
Subscriber may download or copy the Site Content for his, her or its individual use only and not for any other person or entity, and provided that Subscriber maintains all copyright and other notices contained in such Site Content. Subscriber may not make multiple copies of the Site Content or otherwise distribute or transmit such Site Content to any other person or entity.
Subscriber acknowledges and agrees that if Subscriber uses any part of the Service to contribute Subscriber Content, Subscriber hereby grants to Snagajob a non-exclusive, perpetual, worldwide, royalty-free, freely transferable right, under all of Subscriber’s intellectual property rights, to copy, cache, publish, display, perform, distribute, translate and store such Subscriber Content and to allow others to do so. Subscriber warrants, represents and agrees Subscriber has the right to grant Snagajob the rights set forth above. Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or on the privacy or publicity rights of another, (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (e) of this sentence. Snagajob reserves the right to remove any Subscriber Content from the Site, suspend or terminate Subscriber’s right to use the Service at any time, or pursue any other remedy or relief available to Snagajob and/or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if Snagajob is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.
All resume documents uploaded to your account by you, another user within your account, or an applicant, can be retrieved by you through the provided user interface or application programming interface (API).
The Site, including but not limited to the look and feel of the Service, is copyright © 2017 Snagajob. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Snagajob. In cases in which such permission is given, all copyright and “powered by” notices, images and texts (“notices”) in rendered pages and outgoing emails must be present. The location of the notice on the page may be altered so long as the notice remains clearly visible.
14. PROMOTIONS AND MARKETING
This Service is intended to provide you with a publicly available list of jobs, and therefore your usage of this service is not intended to be private. Unless expressly prohibited in writing or electronically by you, you agree that Snagajob can use your brand identity, organization or Snagajob name and mention your usage of this Service in press releases, interviews, promotional materials, sales sheets, presentations, websites and other self-promotional channels. You also agree that a “powered by Snagajob” graphic or text link can be included with your job listings unless you choose to disable or hide this fact. Any promotions or discounts are valid for Service to which the promotion or discount was originally applied; subsequent upgrades or add-on Service are not guaranteed any promotions or discounts.
15. PRIVACY POLICY
Please review our Privacy Policy, which governs the use of personal information on the Site and in connection with the Service, and to which Subscriber agrees to be bound as a condition of this Agreement and use of the Site and Service.
16. ELECTRONIC DELIVERY POLICY
You agree that we may provide to you required notices, agreements and other information concerning the Service electronically. While refunds will be handled promptly when warranted, by using the Service you also agree that Snagajob is not responsible for valid charges incurred as the result of failed electronic delivery of email messages to the address you provide, either by the fault of Snagajob or another third party.
17. ARBITRATION AGREEMENT
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Snagajob and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Site or Service, or to any aspect of your relationship with Snagajob, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Snagajob may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
IF YOU AGREE TO ARBITRATION WITH SNAGAJOB, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST SNAGAJOB ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE SNAGAJOB IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, Bank of America Center, 16th Floor, 1111 East Main Street, Richmond, VA 23219. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Snagajob will pay them for you. In addition, Snagajob will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Snagajob will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Snagajob. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND SNAGAJOB HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Snagajob are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 17.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Richmond, Virginia.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Snagajob.com, Inc., Attn: Legal, 4851 Lake Brook Drive, Glen Allen, VA 23060, within 30 days after first becoming subject to this Arbitration Agreement or you may email your written notice to legal@snagajob.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Snagajob username (if any), the email address you used to set up your Snagajob account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Snagajob.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Snagajob makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Snagajob.

 

18. MISCELLANEOUS
This Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between you and Snagajob with respect to the subject matter hereof and supersedes any and all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Snagajob shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Snagajob’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement will be binding upon, and inure to, the benefit of each party and such party’s heirs, representatives, successors and assigns; provided, however, that this Agreement is not assignable, transferable or sublicensable by or through Subscriber except with Snagajob’s prior written consent. Snagajob may assign this Agreement in whole or in part at any time without Subscriber’s consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind Snagajob in any respect whatsoever.
You hereby release Snagajob Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Service, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of Service. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Snagajob Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or Service.
This Agreement and any action related thereto will be governed and interpreted by and under the laws of the Commonwealth of Virginia, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Questions about the Terms of Service should be sent to legal@snagajob.com.