The terms "we" and "us" refer to:
- JobSage, Inc., a Delaware corporation with offices at 1023 Springdale Road, Suite 1J, Austin, TX 78721, USA
Please note: These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
Eligibility to Use JobSage
To access or use JobSage, you must be at least 16 years of age or, if older, the age of majority in your jurisdiction, otherwise you may not use JobSage. An employer and its authorized agent(s) are permitted to use the employer's Free Employer Account and any data about that employer provided via that account for the employer's internal business purposes. Except as set forth above, or as otherwise approved by us, JobSage is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use JobSage if we have terminated your account or banned you.
Your JobSage Account
- Social Sign Up and Sign In. You may be able to register an account and subsequently access JobSage through a social networking site, such as Facebook or Apple ("Social Networking Site"). If you access JobSage through a Social Networking Site you agree that we may access, make available through JobSage, and store (if applicable) any information, data, text, messages, tags, and/or other materials that you have provided to and stored and made accessible in your Social Networking Site account so that it is available on and through JobSage via your account and your Profile page. Subject to the privacy settings that you have set with the Social Networking Site account you use to access JobSage, personally identifiable information that you post to that Social Networking Site may be displayed on JobSage. Please note: your relationship with your Social Networking Sites is governed solely by your agreement with those Social Networking Sites and we disclaim any liability for personally identifiable information that may be provided to us by a Social Networking Site in violation of the privacy settings that you have set with that Social Networking Site account.
- Third-Party Content on JobSage. Content from other users, advertisers, and other third parties is made available to you through JobSage. "Content" means any work of authorship or information, including salaries, company reviews, interview reviews, company photos, logos, employer responses, job ads, employer profile information, advertisements, comments, opinions, postings, resumes, messages, text, files, images, photos, works of authorship, e-mail, data or other materials you find on JobSage. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, job ads, or the employer, interview and salary-related information provided by other users; (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.
JobSage may make available content hosted by YouTube. By interacting with the YouTube Client and viewing YouTube content, you agree to YouTube's Terms of Service.
In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on JobSage.
We allow users to post content about employers when they have been employed by the employer as a full-time, part-time, contractor, freelancer, independent employee, or provide work that is an integral part of the employer's value chain. We also allow users to review the staffing firms that place them in these roles. We consider all workers in these roles as 'employees' with regard to Content left on JobSage. It does not violate our Community Guidelines or these Terms for a worker in any one of these roles to leave a review as an "employee."
- House Rules. You represent and warrant that you will use JobSage solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on JobSage ("Your Content"). You agree that by submitting or authorizing Your Content for use on JobSage, you have reviewed and understood our Community Guidelines. You understand that you may expose yourself to liability if Your Content or other use of JobSage violates applicable law or any third-party right.
You agree that you will not:
- Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer;
- Create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active user accounts to post multiple reviews for the same company
- Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms;
- Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Community Guidelines, or any applicable law, rule or regulation;
- Post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience;
- Act in a manner that is harassing, threatening, abusive, racist or bigoted, is otherwise objectionable (as determined by JobSage);
- Promote, endorse or further illegal activities;
- Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
- Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
- Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;
- Solicit personally identifying information from minors;
- Except as expressly approved by us, and subject to applicable laws, use JobSage for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
- Imply a JobSage endorsement or partnership of any kind without our express written permission;
- Send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law;
- Introduce software or automated agents to JobSage, or access JobSage so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from JobSage without our express written permission;
- "Frame" or "mirror" or otherwise incorporate part of JobSage into any website, or "deep-link" to any portion of JobSage without our express written permission.
- Copy, modify or create derivative works of JobSage or any Content (excluding Your Content) without our express written permission);
- Copy or use the information, Content (excluding Your Content), or data on JobSage in connection with a competitive service, as determined by JobSage;
- Sell, resell, rent, lease, loan, trade or otherwise monetize access to JobSage or any Content (excluding Your Content) without our express written permission;
- Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of JobSage;
- Interfere with, disrupt, or create an undue burden on JobSage or the networks or services connected to JobSage;
- Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to JobSage; or Attempt to circumvent any security feature of JobSage;
While we endeavor to make this service the best it can be, employer websites are not controlled by us, and we cannot guarantee that your application will be properly received and logged by the third-party employer website upon transmission. If you have any reason to think your application was not received by an employer, we suggest you contact them directly to confirm.
JobSage does not guarantee the identity of an employer or any individuals working for any employers, and cautions job seekers when applying to jobs. JobSage does not guarantee the validity of a job offer and cautions job seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. You are solely responsible for verifying the accuracy of any employer or job offer.
Special Provisions Applicable To Employers
- Posting Jobs on JobSage. You may not post any job ad that:
- Does not comply with the applicable laws or regulations of the state and country where the job is to be performed, including laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use and intellectual property;
- Contains false information or solicits employees by intentional misrepresentation, such as, misrepresentation of the terms of employment, the hiring entity, or the identity of the poster;
- Requires an application fee or up-front or periodic payments; requires recruitments of others; resembles a multi-level marketing scheme, franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement; or only pays commissions (except where the listing makes clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling); or resembles a multi-level marketing scheme;
- Involves any screening requirement where such screening requirement is not an actual and legal requirement of the advertised position;
- Contains any logo or brands, or link to website, other than your own or those of any entity for which you are authorized to submit job ads;
- Contains multiple job openings in a single job ad (unless you've purchased a service that permits this);
- Does not comply with Title VII of the Civil Rights Act or the EEOC's Enforcement Guidance on Employer's Consideration of Arrest and Conviction Records in Employment Decisions, and relevant state and local laws that prohibit employers from discriminating against people with criminal backgrounds and require employers to delay inquiry into an applicant's criminal history until later in the hiring process;
- Discriminates against applicants on the basis of gender, race, religion, sexual orientation, age, disability, or any other ground(s) prohibited by applicable law, in each case as determined in JobSage's reasonable discretion.
Special Provisions Applicable to Advertisers
This provision applies to all advertisers, including employers who purchase job ads or display ads. Unless we agree otherwise, you may not use or otherwise process data collected or derived from ads ("Ad Data") for any purpose (including retargeting, building or augmenting user profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers' campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and you may not permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from users if you provide clear notice to and obtain consent from those users and comply with all applicable laws and industry guidelines, including those applicable to data protection.
Enforcement by JobSage
- Removal of Content. While JobSage has no obligation to do so, JobSage reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on JobSage (including our Community Guidelines), or that we deem, in our sole discretion, inappropriate. If you see any Content on JobSage that you believe violates our policies, you may report that Content by clicking on an applicable link adjacent to that Content (e.g. links titled: "Inappropriate" or "Flag Review") or by contacting us. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.
- Copyright Policy. Please see our Copyright Complaint Policy below for information about copyright and trademark disputes.
- Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from JobSage; suspending your rights to use JobSage; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
- Defending Our Users. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's electronic address or identifying information.
Copyright Complaint Policy
JobSage has adopted the following policy toward copyright infringement on JobSage in accordance with the Digital Millennium Copyright Act (the "DMCA") and equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content. It is our policy to terminate membership privileges of any Member who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied in violation of applicable copyright law and used on JobSage in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information; without this information we will be unable to take action on your request:
Your contact information. Please include your address, telephone number, and email address.
Identification of the copyrighted work that you claim has been infringed. Please include reasonably sufficient details describing the copyrighted work that is claimed to be infringing
A description of where the material that you claim is infringing is located on JobSage. General information about the content is not adequate. Please include reasonably sufficient detail to enable us to identify and locate the work that is claimed to be infringing (for example: the URL(s) of the exact work(s)).
You must agree to and include the following statement: "I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."
You must provide the following statement: "The information in this notification is accurate, and under penalty of perjury, I am the owner, or an agent authorized to act on behalf of its owner, of an exclusive right that is allegedly infringed."
Your signature. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
We will review all claims of copyright infringement received and remove the content deemed to have been posted or distributed in violation of any such laws. If you feel that content has been taken down inappropriately please contact our Copyright Agent who will provide information on the requirements and procedure for filing a counter-notification with us.
Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
Attn: Copyright Agent
1023 Springdale Road, Suite 1J
Austin, TX 78721, USA
Via email: dmca @ jobsage.com (remove spaces when sending email)
Rights to Your Content
We do not claim ownership in any Content that you submit or authorize for use to JobSage, but you grant us the rights to use such Content as set forth below. By submitting or authorizing us to display any Content on JobSage, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to JobSage's exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve JobSage and to make Content submitted to or through JobSage available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. No compensation will be paid with respect to the Content that you post through JobSage. You should only submit Content to JobSage that you are comfortable sharing with others under the terms and conditions of these Terms.
Rights to JobSage Content
JobSage contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and JobSage owns and retains all property rights in JobSage. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from JobSage solely for your personal use in connection with using JobSage. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on JobSage or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to JobSage. JobSage ® is a registered trademark of JobSage, Inc. The trademarks, logos and service marks ("Marks") displayed on JobSage are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.
You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the "JobSage Group") harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to or otherwise arising from your use of JobSage, including due to or arising from your breach of any provision of these Terms.
Disclaimers and Limitation on Liability
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
Any emails or email notifications corresponding with any activity on JobSage or any other communications service, product, or feature provided on or through JobSage, are provided solely as a courtesy. JobSage disclaims all warranties with regard 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 posting directly on JobSage, applications are sent only to your JobSage dashboard; any other notifications you may receive are provided solely as a courtesy to you
JobSage assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any job posting, career page, job solicitation, screener question, answer to screener question, resume information, or message you post, send or receive through JobSage.
You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of JobSage. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on JobSage, whether caused by users or by any of the equipment or programming associated with or utilized in JobSage. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on JobSage or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with JobSage. Under no circumstances shall we be responsible for any loss or damage resulting from the use of JobSage or from any Content posted on JobSage or transmitted to users, or any interactions between users of JobSage, whether online or offline.
JobSage is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) JobSage will meet your requirements; (2) JobSage will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of JobSage will be accurate or reliable.
You hereby release the JobSage Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.
IN NO EVENT SHALL THE JOBSAGE GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF JOBSAGE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE JOBSAGE GROUP'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF JOBSAGE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
These Terms remain in effect while you use JobSage and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of JobSage, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of JobSage. For the avoidance of doubt, you agree that these Terms apply to your use of JobSage and any Content posted on JobSage at any time prior to the termination or expiration of these Terms.
Changes to Terms
We may revise these Terms from time to time by posting an updated version on JobSage. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the revision date. For users who registered accounts before the revision date, they will become effective thirty (30) days after the revision date. If we make a change that we believe materially reduces your rights or increases your responsibilities we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of JobSage is subject to the most current effective version of these Terms.
Governing Law and Forum Selection
These Terms are construed under the laws of the State of Texas, without reference to its conflict of laws provisions. You agree that any action at law or in equity arising out of or relating to your use of JobSage can be filed only and exclusively in a state or federal court located in Austin, Texas, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of JobSage. You knowingly, voluntarily, intelligently, and irrevocably waive any available affirmative defenses under federal law or any states' laws to venue and jurisdiction in Austin, Texas, including without limitation improper venue, forum non conveniens, lack of in personam jurisdiction, and all related defenses. You agree that this forum-selection clause shall apply to any and all claims under federal law or any states' laws and that arise from or relate in any way to JobSage, including, without limitation, contract, tort, and all other statutory or common law claims seeking equitable or legal relief, whether asserted as a cause of action, counterclaim, cross-claim, affirmative defense, or otherwise, and whether asserted on an individual basis or as putative representative of a class.
Class Action Waiver
For disputes arising between you and The JobSage Group, or any other user, you and The JobSage Group agree that each can only bring a claim against each other on an individual basis. Neither you nor The JobSage Group can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. If a court decides that this “Class Action Waiver” section is not enforceable or is invalid, then this section shall cease to have effect, however, the remaining portions of these Terms will remain in full force and effect.
Waiver of Right to Jury Trial
You knowingly, voluntarily, intelligently, and irrevocably waive your rights to a jury trial of any claim or cause of action based upon, arising out of, or in any manner relating to these Terms and/or The JobSage Group’s performance or failure to perform. The scope of this waiver is intended to be all-encompassing and shall apply to any and all claims arising under federal law or any states' laws and that arise from or relate in any way to the subject matter of these Terms and/or The JobSage Group’s performance, including, without limitation, contract, tort, and all other statutory or common law claims seeking equitable or legal relief, whether asserted as a cause of action, counterclaim, cross-claim, affirmative defense, or otherwise, and whether asserted on an individual basis or as putative representative of a class. You expressly acknowledge that this provision is an essential aspect of the bargain embodied by these Terms. If a court decides that this “Waiver of Right to Jury Trial” section is not enforceable or is invalid, then this section shall cease to have effect, however, the remaining portions of these Terms will remain in full force and effect.
Claims Subject to Mandatory and Binding Arbitration
Subject to and without limiting the Governing Law and Forum Selection section, you expressly agree that any claim or cause of action that arises from, relates to, or has connection with JobSage shall be adjudicated exclusively and finally by arbitration in Austin, Texas, administered by the American Arbitration Association. The arbitration award shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. Except as required by applicable law, you knowingly, voluntarily, intelligently, and irrevocably waive any right to appeal from the arbitration award, including but not limited to any appeal from any judgment entered on the arbitration award or any order based thereupon. You agree that any claim or cause of action that is subject to arbitration under these Terms must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You agree that the arbitrator shall not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court decides this “Mandatory and Binding Arbitration” section is not enforceable or is invalid, then this section shall cease to have effect, however, the remaining portions of these Terms will remain in full force and effect. ATTORNEY’S FEES. If JobSage Group takes action (by itself or through its representatives) to enforce any of the provisions of these Terms, including collection of any amounts due hereunder, in addition to all sums to which it is entitled or any other relief, at law or in equity, The JobSage Group shall be entitled to recover from you and you agree to pay, reasonable and necessary attorney’s fees and all costs of any litigation or other dispute resolution proceeding.
Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of JobSage and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of these Terms are binding and the translations are provided for convenience only. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with JobSage's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word "including" means "including but not limited to."
Please contact us with any questions regarding these Terms.