“Membership Services” shall be defined as any services provided by JBN to Users and may be referred to as the “Services.”
“You” and “User” shall mean any individual or entity that uses the Sites and/or engages in the Services.
Acceptance and Conduct
You are authorized by JBN to access and use the information on the Sites, solely for personal, non-commercial use provided that you are at least 18 years of age. The information and materials displayed on the Sites may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without JBN’s express prior written consent. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with the Sites, and any reproduction or circumvention of the navigational structure or presentation of the Sites or its content, is strictly prohibited. You agree not to use the Sites, for any unlawful purpose.
The Sites are intended for individuals seeking employment (“Job Seeker”) and for employers seeking candidates for potential employment (“Employer”).
Licenses to Use by Job Seekers
As a Job Seeker, you can use the Services to search for jobs, apply to jobs, receive job alert emails or text messages, where such features are available to you, and include your resume and other applicable information in the Application Process. For purposes of this Agreement, references to “resume” or “CV” shall also mean a curriculum vitae, profile, references, recommendations, and other similar written overviews or assessments of a person’s experience and qualifications.
As JBN operates many Sites within the JBN Job Network, and other Sites as JBN may acquire and own from time to time, you agree that if you register on one site (e.g., Physical Therapy), you may be marketed to by other Sites in the Network (e.g., Occupational Therapy) or by JBN partners and affiliates, unless you have opted out of such communications.
You agree that if you have an JBN account or if you have provided your resume/CV to JBN, a job posted on a JBN Site, or any of the Sites and/or if you have signed up for job alerts, we may use the information you provide to send you information about job advertisements that may be of interest to you and you also agree that we may provide your resume/CV (to the extent that you have not designated it as private), to an employer or recruiter who may be interested in candidates who have shown an interest in roles similar to the type that you have searched for or applied to. Additionally, you consent to receiving any communication, electronic or otherwise, from the Employer or recruiter who may be interested in you.
To the extent that you wish us to share your information and resume/CV with potential employers, recruiters, or staffing agencies (including, where you have submitted your resume/CV to the Resume Database or because you have applied to a job advertisement on an JBN website), you consent to our sharing your resume/CV, together with any additional information you provide to us during the application process. This means that you give us a non-exclusive, royalty-free, worldwide license (and right to sub-license), of any rights, including intellectual property rights, in your resume/CV and any additional information you provide to us, to share or otherwise use such resume/CV and additional information as we reasonably require to fulfill the services we provide to you.
In certain instances, you may receive messages, emails, or email notifications corresponding with your activity on or use of the Sites, job application process, or any other communications service, product, or feature provided on or through the Sites. In all cases, such messages or notifications are provided solely as a courtesy. JBN disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
JBN reserves the right to turn on or enable messaging or other communication options for select Employers or Job Listings, in its sole discretion, and to notify you that these communication options are available for a particular job or Employer. JBN may, in its sole discretion, turn off or disable messaging for any Employer or Job Seeker at any time without prior notice. Please note that if you are using JBN to communicate with an Employer, JBN will deliver your messages as instructed by the Employer.
License to Use by Employers
License to Use Candidate Database by Employers
You are expressly prohibited from exploiting job postings for any commercial purpose. You are also expressly prohibited from forwarding job postings to any group or mass distribution list or forwarding job postings in violation of any local, state, federal or international laws, rules, or regulations, including, without limitation, the federal CAN SPAM Act of 2003, and Canada’s Anti-Spam Law. If you do send out any communications through the Sites or through any information you have obtained through the Sites, you must first obtain consent directly from the recipient for such communication, identify the purpose of obtaining such consent, expressly identify yourself in the communication, provide contact information for yourself, and inform individuals that they can opt-out or unsubscribe from communications from you.
Job postings must be individual openings for traditional, W-2 employees or 1099 contractors. We do not post ads for multi-level marketing (MLM) jobs. Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf. JBN is under no obligation to monitor the resumes, documents and/or materials. All postings shall be free from any discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing or abusive content. In addition, postings shall not contain any copyrighted material or confidential information or trade secrets of any party.
Submitting a Resume
Submitting your resume through the Sites puts you in front of employers with open positions each day. We cannot control the retention, use or privacy of resumes or information that have been submitted by you to employers. Accordingly, you should not submit your information you would not want made public in your resume.
Tips When Communicating with Employers
- Never give out your social security number to a prospective employer;
- Never provide credit card or bank account numbers or engage in a monetary transaction of any sort;
- Be cautious when dealing with contacts outside of your own country;
- Do not provide any non-work-related personal information;
- Beware of job postings that ask you to send your resume to a free email service address.
JBN Intellectual Property Rights
JBN created the Sites to be used by the general public and customers of JBN. The information provided on the Sites are for general information only and is not intended to constitute an inducement, promise or contract of any kind to provide any type of product or service or guarantee any job opportunity. JBN makes no representation that any or all of the job postings on the Sites are appropriate or available in any particular location. The information contained on the Sites do not obligate JBN to provide any specific job opportunity.
The information provided on the Sites are provided by JBN as a convenience to you. JBN will use reasonable efforts to include accurate and up-to-date information. However, due to the nature of the Internet, JBN does not warrant and cannot guarantee the accuracy, availability, completeness or authenticity of the information contained on the Sites, or its suitability for any purpose.
Nothing on the Sites shall be considered an endorsement, representation, or warranty with respect to any User or third party, whether in regard to its website, products, services, hiring, experience, employment or recruiting practices, or otherwise.
DISCLAIMER OF WARRANTIES
THE USE OF THE SITES IS ENTIRELY AT YOUR OWN RISK AND ANY MATERIALS DOWNLOADED, INFORMATION UPLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES, AND THE PRODUCTS OR SERVICES PURCHASED ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR AND WAIVE ANY AND ALL CLAIMS WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIALS. JBN MAKES NO WARRANTY OR REPRESENTATION AS TO THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO JBN. The materials, products, SERVICES, CONTENT and information on the SITES are presented without express or implied warranties of any kind and are provided on an ‘as is’ as-available basis WITHOUT ANY WARRANTY OF ANY KIND. It is YOUR responsibility to evaluate the accuracy, completeness and usefulness of any opinions, advice, services or other information provided.
JBN, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AS TO ANY MATTER WHATSOEVER RELATING TO THE SITES, OR THE INFORMATION, PRODUCTS, SERVICES CONTAINED HEREIN. ADDITIONALLY, JBN MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM IHIRE OR THOUGH OR LINKED TO OR FROM THE SITES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE IN CERTAIN CIRCUMSTANCES THE LIMITATION OF LIABILITY AND DISCLAIMERS MAY NOT APPLY TO YOU.
JBN DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, JBN IS NOT RESPONSIBLE FOR THOSE COSTS.
JBN MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY RESUMES, DOCUMENTS POSTED BY USERS, OR OF ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY USERS. RESUMES, DOCUMENTS AND MATERIALS MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT ANY RELIANCE ON RESUMES, DOCUMENTS AND MATERIALS POSTED BY USERS, OR ON ANY OTHER FORM OF COMMUNICATION WITH USERS, WILL BE AT YOUR OWN RISK.
JBN MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE CONTENT OF THE SITES, INCLUDING, BUT NOT LIMITED TO, BROKEN LINKS, INACCURACIES OR TYPOGRAPHICAL ERRORS.
JBN MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. JBN DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, THE INTERNET GENERALLY, AND THE RESUMES, DOCUMENTS AND MATERIALS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL JBN AND ITS MEMBERS, OFFICERS, MANAGERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AND/OR AGENTS, BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, GOODWILL OR DAMAGES RESULTING FROM LOSS OF DATA, LOST EMPLOYMENT OPPORTUNITY, ANY FAILURE OF PERFORMANCE, DEFECT, ERROR, OMISSION, DELAY IN SERVICES, OR BUSINESS INTERRUPTION RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY RESUME, DOCUMENT OR MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JBN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JBN WILL NOT BE RESPONSIBLE FOR ANY DETRIMENTAL RELIANCE THAT YOU MAY PLACE UPON THE SITES OR ITS CONTENTS, OR THE PRODUCTS, OR SERVICES OFFERED ON THE SITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE, PRODUCT AND/OR THE SITES IS TO STOP USING THE SITES.
DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO MONEY DAMAGES, YOU AGREE THAT JBN WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THIS AGREEMENT BY YOU.
Because User authentication on the Internet is difficult, JBN cannot and does not confirm that each User is who they claim to be. Because JBN does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release JBN from any and all claims, demands, suits, liabilities, judgments, actions, compensation, and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
All JBN membership subscriptions will automatically renew at the selected subscription rate to preserve the continuity of services. Until you terminate your membership, you authorize JBN Sites to rebill the credit or debit card, or PayPal account used to initiate your membership. If you would like to cancel your membership and not be rebilled, you must cancel before your renewal date.
Links to Third-Party Websites
JBN Sites may contain links to third-party websites placed by us as a service to those interested in this information or posted by other users. Your use of all such links to third-party websites is at your own risk. JBN does not monitor or have any control over, and make no claim or representation regarding, third-party websites nor does it assume any liability for the content or presentation of linked sites. To the extent such links are provided by JBN, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave a JBN Site, our terms and policies do not govern your use of third-party websites.
From time-to-time JBN Sites may provide you with templates for your use, such as templates to help employers solicit reviews from your employees, check references, or templates to help employers with job descriptions for job postings, or templates to help Job Seekers craft their resumes. You understand and agree that the templates JBN offers through JBN Sites are provided as suggestions and their contents do not constitute legal or employment advice. You accept that your use of any template provided by JBN is at your own risk.
Entire Agreement/Reservation of Rights
Downtime and Service Suspensions
Your access to and use of the Sites may be suspended for the duration of any anticipated, unanticipated, scheduled or unscheduled downtime, maintenance, system updates, malfunction, or other unavailability of any portion or all of the Sites for any reason, including as a result of power outages, system failures or other interruptions.
JBN shall also be entitled, without any liability to you, to suspend access to any portion or all of the Sites at any time, on a system-wide basis: (a) for scheduled downtime to permit JBN to conduct maintenance or make modifications to the Sites; (b) in the event of a denial of service attack or other attack on the Sites or other event that JBN determines, in JBN’s sole discretion, may create a risk to the Sites if the Sites are not suspended; or (c) in the event that JBN determines that the Sites are prohibited by law, or JBN otherwise determines that it is necessary or prudent to do so for legal or regulatory reasons.
You agree that JBN reserves the right to terminate your access to any part of the Sites or any use of the services provided by JBN on the Sites, for any reason in JBN’s sole discretion, at any time, without notice. JBN also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites with or without notice. You acknowledge and agree that JBN shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Sites.
You agree to defend, indemnify, and hold harmless JBN and its members, managers, subsidiaries, affiliates, officers, employees and agents from and against any third party claims, liability, compensation, judgments, losses, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any resume, document, Content and/or material posted by you or accessed by you, your use of the Services or your breach of this Agreement. JBN shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit, or proceeding.
When you use any of the JBN Sites or in connection with the Services, you will be asked to provide certain information, including but not limited to, a valid email address, phone number, or other contact information (“User Information”). While using the Sites, you may not (i) post or transmit material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; (ii) post or transmit material that reveals trade secrets or confidential information, unless you own them or have the permission of the owner; (iii) post or transmit material that violates or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (iv) post or transmit material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity; (v) post or transmit any sexually explicit images or other material; (vi) post or transmit advertisements or solicitations of business; (vii) post or transmit chain letters or pyramid schemes; (viii) impersonate another person or post or transmit information under a fictitious name; (ix) post or transmit material that contains a virus, corrupt file or other harmful component; or (x) intentionally or unintentionally violate or encourage or assist another to violate any applicable law or regulation.
JBN reserves the right for any reason to edit, refuse to post or remove without notice any materials posted by you, but has no obligation to delete material that you may find objectionable or offensive or that violates these terms. JBN reserves the right to expel you and to prevent further access to the Sites for any reason, including violation of these terms or applicable law or for no reason at all.
Governing Law; Waiver; Severability; Costs of Enforcement
JBN / CRG
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