Employment Marketplace Terms of Service Agreement

Last Updated: July 7, 2016

This Terms of Service Agreement (“Terms of Service”, or “Agreement”) is an agreement between you (“User”) and Employment Marketplace LLC (“We”, “Us”, or “Our”) to govern the use of WEBSITE URL (“www.employmentmarketplace.net”). By using the Employment Marketplace Website, you agree to comply with these Terms of Service, our Privacy Policy, and any other conditions or guidelines posted on this Website.

License to Use Website

Unless otherwise noted, Employment Marketplace LLC and its licensors own the intellectual property rights of the Website and all material on the Website. All intellectual property rights are reserved. You may view, download, and print pages from the Website for you own personal use, subject to the restrictions below and throughout this Agreement.

All Users may not:

• Sell, rent or sublicense material from this Website
• Reproduce, duplicate, copy, or exploit material on this Website for commercial purposes
• Republish material from this Website
• Edit or modify material on this Website
• Redistribute material from this website, except content specifically made available for redistribution
• Transmit, post, distribute, store or destroy material, including without limitation Employment Marketplace Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of Employment Marketplace ’s privacy policy;
• Take any action that imposes an unreasonable or disproportionately large load on any Employment Marketplace Site’s infrastructure;
• Use any device to navigate or search any Employment Marketplace Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by Employment Marketplace;
• Use any data mining, robots or similar data gathering or extraction methods;
• Violate or attempt to violate the security of any Employment Marketplace Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
  reverse engineer or decompile any parts of any Employment Marketplace Site;
• Aggregate, copy or duplicate in any manner any of the Employment Marketplace Content or information available from any Employment Marketplace Site, including expired job postings, other than as permitted by these Terms;
• Frame or link to any Employment Marketplace Content or information available from any Employment Marketplace Site, unless permitted by these Terms;
• Post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media;
• Post any resume or Profile or apply for any job on behalf of another party;
• Defer any contact from an employer to any agent, agency, or other third party;
• Set more than one copy of the same resume to public at any one time;
• Share with a third party any login credentials to any Employment Marketplace Site;
• Access data not intended for You or logging into a server or account which You are not authorized to access;
• Post or submit to any Employment Marketplace Site any incomplete, false or inaccurate biographical information or information which is not Your own;
• Post content that contains restricted or password-only access pages, or hidden pages or images;
• Solicit passwords or personally identifiable information from other Users;
• Delete or alter any material posted by any other person or entity;
• Harass, incite harassment or advocate harassment of any group, company, or individual;
• Send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
• Attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Employment Marketplace, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
• Promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
• Use the Employment Marketplace for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Employment Marketplace discretion.
• Violations of system or network security may result in civil and/or criminal liability. Employment Marketplace will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

Additional Terms Applicable to Employers

Employers are solely responsible for their postings on Employment Marketplace Sites. Employment Marketplace is not to be considered to be an employer with respect to Your use of any Employment Marketplace Site and Employment Marketplace shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Employment Marketplace Site.

You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from Employment Marketplace, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from Employment Marketplace databases. Information may continue to be available for some period of time because of delays in propagating such deletion through Employment Marketplace web servers.

In order to protect our Employment Marketplace Users from commercial advertising or solicitation, Employment Marketplace  reserves the right to restrict the number of e-mails which an employer may send to Users to a number which Employment Marketplace deems appropriate in its sole discretion. You shall use the Employment Marketplace Profiles in accordance with all applicable privacy and data protection laws.

Prohibited Use of Employment Marketplace Website

You must not use this Website in a way the causes or could cause damage or impairment of the accessibility or availability of the Website. You must not use this website for, or in connection with, illegal, harmful, or fraudulent purposes or activities.

You must not use this Website to store, host, send, use, or distribute material consisting of, or linked to, spyware, viruses, or any other malicious computer software.

You must not conduct systematic or automated data collection on this Website. This includes, but not limited to, data mining, extraction, and harvesting.

You must not use this Website for purposes relating to marketing without written consent from Employment Marketplace. You must not use this Website to send unsolicited commercial communications.

Job Seekers & Employers Use of the Employment Marketplace Website

The job posting, resume database (“Employment Marketplace Database”) and other features of the Employment Marketplace Sites may be used only by individuals seeking employment and/or career information and by employers seeking employees. Your use of the Employment Marketplace Services is also subject to any other contracts You may have with Employment Marketplace. In the case of any conflict between these Terms and any contract you have with Employment Marketplace, the terms of your contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on an Employment Marketplace Site.

You are responsible for maintaining the confidentiality of Your account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your Employment Marketplace Site registrations and passwords, whether or not authorized by You. You agree to immediately notify Employment Marketplace of any unauthorized use of Your account, Profile, or passwords.

Job Postings

A job posting may not contain:

• Any hyperlinks, other than those specifically authorized by Employment Marketplace;
• Misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Employment Marketplace ’s reasonable discretion;
• The names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by Employment Marketplace;
• The names of colleges, cities, states, towns or countries that are unrelated to the posting;
• More than one job or job description, more than one location, or more than one job category, unless the product so allows;
• Inaccurate, false, or misleading information; and
• Material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
• You may not use Your Employment Marketplace job posting, Employment Marketplace Networking, or Profiles to:
• Post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
• Post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
• Post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
• With respect to Profiles, determine a consumer’s eligibility for: credit or insurance for person, family, or household purposes; employment; or a government license of benefit.
• Post jobs or other advertisements for competitors of Employment Marketplace or post jobs or other content that contains links to any site competitive with Employment Marketplace;
• Sell, promote or advertise products or services;
• Post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
• Post any business opportunity that requires an upfront or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
• Post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
• Promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;
• Post jobs on any Employment Marketplace for modeling, acting, talent or entertainment agencies or talent scouting positions;
• Advertise sexual services or seek employees for jobs of a sexual nature;
• Request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
• Endorse a particular political party, political agenda, political position or issue;
• Promote a particular religion;
• Post jobs located in countries subject to economic sanctions of the United States Government; and
• Except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offenses or proceedings or (vii) age.

Employment Marketplace reserves the right to remove any job posting or content from any Employment Marketplace Site, which in the reasonable exercise of Employment Marketplace’s discretion, does not comply with the above Terms, or if any content is posted that Employment Marketplace believes is not in the best interest of Employment Marketplace. If at any time during Your use of the Employment Marketplace Services, You made a misrepresentation of fact to Employment Marketplace or otherwise misled Employment Marketplace in regards to the nature of Your business activities, Employment Marketplace will have grounds to terminate Your use of the Employment Marketplace Services.

Resume Database

Use of the Employment Marketplace Resume Database by Employers

• You shall use the Employment Marketplace Resume Database as provided in these Terms and in any contract You have with Employment Marketplace.
• You shall use the Employment Marketplace Resume Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from Employment Marketplace Resume Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
• You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from Employment Marketplace Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Resume Database seat-based license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.

The Employment Marketplace Resume Database shall not be used:

• For any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
• To make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
• To source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited by Section 3.
• In order to ensure a safe and effective experience for all of our customers, Employment Marketplace reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in Employment Marketplace sole discretion from time to time.

Additional terms applicable to Job Seekers

When You register with any Employment Marketplace Site, You will be asked to create an account and provide Employment Marketplace with certain information including, without limitation, a valid email address (Your “Information”).

Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting You, other than Your last name and URLs.

You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the Employment Marketplace Sites.

Employment Marketplace reserves the right to offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter or you have agreed to receive, such offers may be made by Employment Marketplace or by third parties. Please see Employment Marketplace ‘s Privacy Policy, for further details regarding Your Information.

You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your Employment Marketplace account or Your Employment Marketplace account is terminated, all Your account information from Employment Marketplace, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from Employment Marketplace databases and will be removed from any public area of the Employment Marketplace Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through Employment Marketplace web servers. In addition, third parties may retain saved copies of Your Information.

Employment Marketplace reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.

User Content and Submissions

You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through an Employment Marketplace Site (“User Content”) is the sole responsibility of the person from which such User Content originated. Employment Marketplace claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through Employment Marketplace and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through Employment Marketplace, you grant Employment Marketplace a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through Employment Marketplace. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant Employment Marketplace a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting Employment Marketplace and its services. Employment Marketplace will discontinue this licensed use within a commercially reasonable period after such User Content is removed from Employment Marketplace. Employment Marketplace reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.

You also represent and warrant that You have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If You post User Content in any public area of any Employment Marketplace Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any Employment Marketplace Site retains any and all rights that may exist in such User Content. Employment Marketplace may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any Employment Marketplace Site. Employment Marketplace reserves the right to expel Users and prevent their further access to the Employment Marketplace Sites and/or use of Employment Marketplace Services for violating the Terms or applicable laws, rules or regulations. Employment Marketplace may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Employment Marketplace, damage Employment Marketplace ’s brand or public image, or cause Employment Marketplace to lose Users or (in whole or in part) the services of its ISPs or other suppliers.

Employment Marketplace does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does Employment Marketplace endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.

The following is a partial list of User Content that is prohibited on the Application. The list below is for illustration only and is not a complete list of all prohibited User Content.

Content that:

• Is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
• Harasses, incites harassment or advocates harassment of any group or individual;
• Involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”;
• Promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• Promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
• Contains restricted or password only access pages, or hidden pages or images;
• Displays or links to pornographic, indecent or sexually explicit material of any kind;
• Provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
• Provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media; and
• Solicits passwords or personal identifying information from other Users.

Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You.

You may not include, in any User Content submitted to Employment Marketplace, information that may be interpreted as a direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. In order to protect our Employment Marketplace Community Users from commercial advertising or solicitation, Employment Marketplace reserves the right to restrict the number of e-mails or other messages which a User may send to other Users to a number which Employment Marketplace deems appropriate in its sole discretion.

Profiles derived from User Content may also be made available through the Employment Marketplace Sites. Employment Marketplace does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived Profiles may differ significantly from User Content.

We appreciate hearing from our Users and welcome Your comments regarding our services and the Employment Marketplace Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value Your feedback on our services, please be specific in Your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of Employment Marketplace. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Employment Marketplace shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.

Restricted Access

Employment Marketplace reserves the right to restrict access to any area of the Website at our discretion. If we provide you with a user ID and password to enable access to restricted areas, you must ensure the user ID and password are kept confidential. We may disable your user ID and password at any time without notice or explanation.

Website Warranties

This website, including the information and materials provided on it, is provided without any representation or warranties, expressed or implied. Nothing on this Website is meant to constitute advice of any kind.

Employment Marketplace does not warrant that:

• This website will be consistently available
• The information on the website is complete, accurate, or non-misleading

Limitations of Liability

Employment Marketplace will not be liable to you in relation to the contents or use of this website for:

• any direct loss
• any indirect or consequential loss
• any business loss, loss of revenue, income, profits, contracts, business relationships, reputation or corruption of information or data.

Exceptions to Liability

Nothing in these Terms of Service will exclude or limit anything unlawful to exclude or limit. Nothing in this Agreement will exclude or limit Employment Marketplace liability in respect of:

• death or personal injury caused by our negligence in regard to the use of this Website
• fraudulent misrepresentations
• any matter that would be illegal for us to exclude or limit its liability

Other Parties

You agree that you will not bring any claim against Employment Marketplace officers or employees for any losses suffered in relation to this Website.

You agree that the limitations of warranties and liabilities set out in this Agreement will protect Employment Marketplace, our officers and employees, as well as subsidiaries, successors, and subcontractors.

Indemnity

You hereby indemnify Employment Marketplace against any losses, damages, costs, liabilities, and expenses incurred by us arising from any claim or breach by you of any provisions of this Terms of Service. This includes, but is not limited to, legal expenses, settlements of a claim, and advice from legal advisers.

Breaches of this Agreement

If you breach these Terms of Service in any way, Employment Marketplace may take action we deem appropriate to deal with the breach. Action includes, but is not limited to, suspending access to this Website or bringing court proceedings against you.

Variations of Agreement

Employment Marketplace has the right to revise these Terms of Service at any time. New versions of the Agreement will apply to this Website from the date of last update listed at the top of this page. To ensure you are familiar with the most updated version, please check this page often.

Assignment

Employment Marketplace may transfer or subcontract our rights and/or obligations under this Agreement without notifying you or obtaining your consent. You may not transfer or subcontract your rights and/or obligations under this Agreement.

Unenforceable Provisions

If any provision of this Agreement is deemed unenforceable by law, that will not affect the enforceability of all other provisions in this Agreement. If any part of a provision is deemed unenforceable, but the rest of the provision is deemed lawful if that part is deleted, it will be deemed deleted and the rest of the provision will be in effect.

Law and Jurisdiction

These Terms of Service will be governed by the laws of the United States of America. The exclusive jurisdiction for disputes relating to these Terms of Service shall be the state and federal courts located in Washington State.

Questions About Our Terms of Service

If you have any questions or concerns regarding our Terms of Service, contact us by email atsupport@employmentmarketplace.com.