These Terms of Use are effective immediately for unregistered users and users registering accounts or otherwise acknowledging acceptance of these terms.
These Terms of Use (the “Terms“) govern your access to and use of JobAccomm websites, emails and mobile applications (“JobAccomm”). They constitute the Terms under which you may use the JobAccomm Sites and the Services (each as defined below). These Terms also include our Privacy and Cookie Policy. By accessing and using JobAccomm, you agree to comply with these Terms. If you are using JobAccomm on behalf of a company or other legal entity, then “you” also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you. These Terms constitute a binding agreement between You and JobAccomm. You may not use JobAccomm if you do not agree to the version of the Terms posted on JobAccomm at the time you access JobAccomm. If You do not accept the Terms stated here, do not use JobAccomm.
(The terms “we” and “us” refer to JobAccomm Limited.)
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.
1. Use of JobAccomm Content.
JobAccomm authorises You, subject to these Terms, to access and use the JobAccomm Sites and JobAccomm Content (as defined below) and to download and print a single copy of the content available on or from JobAccomm solely for Your personal, non-commercial use. The contents of JobAccomm, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other JobAccomm content (collectively, “JobAccomm Content”), are protected under copyright, trademark and other laws. All JobAccomm Content is the property of JobAccomm or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on JobAccomm is the exclusive property of JobAccomm and is protected by copyright, trademark, and other laws. Unauthorised use of the JobAccomm Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original JobAccommr Content on any authorised copy You make of the JobAccomm Content.
Any code that JobAccomm creates to generate or display any JobAccomm Content or the pages making up any JobAccomm Site is also protected by JobAccomm’s copyright and You may not copy or adapt such code.
You agree not to sell or modify the JobAccomm Content or reproduce, display, publicly perform, distribute, or otherwise use the JobAccomm Content in any way for any public or commercial purpose, in connection with products or services that are not those of JobAccomm, in any other manner that is likely to cause confusion among consumers, that disparages or discredits JobAccomm or its licensors, that dilutes the strength of JobAccomm’s or its licensor’s property, or that otherwise infringes JobAccomm’s or its licensor’s intellectual property rights. You further agree to in no other way misuse JobAccomm Content. The use of the JobAccomm Content on any other application, web site or in a networked computer environment for any purpose is prohibited. Any code that JobAccomm creates to generate or display any JobAccomm Content or the pages making up any Application or Service is also protected by JobAccomm’s copyright and you may not copy or adapt such code.
2. Use of the JobAccomm Services.
The job posting, resume database (“JobAccomm Resume Database”) and other features of the JobAccomm Sites may be used only by individuals seeking employment and/or career information and by employers seeking employees. Your use of the JobAccomm Services is also subject to any other contracts You may have with JobAccomm. In the case of any conflict between these Terms and any contract you have with JobAccomm, the terms of this contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on JobAccomm.
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 JobAccomm registrations and passwords, whether or not authorised by You. You agree to immediately notify JobAccomm of any unauthorised use of Your account, Profile, or passwords.
All JobAccomm Users agree to not:
(a) transmit, post, distribute, store or destroy material, including without limitation JobAccomm 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 JobAccomm’s privacy policy;
(b) take any action that imposes an unreasonable or disproportionately large load on any JobAccomm infrastructure;
(c) use any device to navigate or search JobAccomm other than the tools available on JobAccomm, generally available third-party web browsers, or other tools approved by JobAccomm;
(d) use any data mining, robots or similar data gathering or extraction methods;
(e) violate or attempt to violate the security of any JobAccomm including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of JobAccomm
(h) aggregate, copy or duplicate in any manner any of the JobAccomm Content or information available from JobAccomm, including expired job postings, other than as permitted by these Terms;
(i) frame or link to any JobAccomm Content or information available from JobAccomm, unless permitted by these Terms;
(j) 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;
(k) post any resume or Profile or apply for any job on behalf of another party;
(l) defer any contact from an employer to any agent, agency, or other third party;
(m) set more than one copy of the same resume to public at any one time;
(n) share with a third party any login credentials to JobAccomm;
(o) access data not intended for You or logging into a server or account which You are not authorised to access;
(p) post or submit to JobAccomm any incomplete, false or inaccurate biographical information or information which is not Your own;
(q) post content that contains restricted or password-only access pages, or hidden pages or images;
(r) solicit passwords or personally identifiable information from other Users;
(s) delete or alter any material posted by any other person or entity;
(t) harass, incite harassment or advocate harassment of any group, company, or individual;
(u) 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;
(v) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to JobAccomm, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
(w) promote or endorse an illegal or unauthorised 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
(x) use the JobAccomm Services 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 JobAccomm’s discretion. Violations of system or network security may result in civil and/or criminal liability. JobAccomm 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.
3. Eligibility to Use JobAccomm
To access or use JobAccomm, you must be at least 18 years of age or, if older, the age of majority in your jurisdiction, otherwise you may not use JobAccomm. An employer and its authorised agent(s) are permitted to use the employer’s 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, JobAccomm is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use JobAccomm if we have terminated your account or banned you.
4. Your JobAccomm Account
In order for you to create a JobAccomm account, we require that you provide a valid email address. The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, your submitted content may be rejected and your account may be disabled. Other registration requirements (such as, a click on a link in a JobAccomm job alert email by unregistered users who create job alerts, or a requirement for individuals to contribute no more than one company review, interview review, and/or salary details of a current or former job per year) may also apply. Once you have set up a password, you will be given access to your profile and other private areas of your account. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account. Passwords are subject to cancellation or suspension by JobAccomm at any time. When you set up an individual user account on JobAccomm, we create a member profile (a “Profile”) for you that will include personal information you provide. We will update your Profile with information we extract from resumes you upload on JobAccomm. You may permit us to share information in your Profile with prospective employers, recruiters, and others. Subject to visibility settings that you control, subscribers to services we may introduce will be able to view information in your Profile. Because your anonymity on JobAccomm is important, your Profile does not include or link to information about the reviews or salary information you submit to JobAccomm.
Social Sign Up and Sign In. You may be able to register an account and subsequently access JobAccomm through a social networking site, such as Facebook or Google+ (“Social Networking Site”). If you access JobAccomm through a Social Networking Site you agree that we may access, make available through JobAccomm, 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 JobAccomm 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 JobAccomm, personally identifiable information that you post to that Social Networking Site may be displayed on JobAccomm. 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 JobAccomm.
Content from other users, advertisers, and other third parties is made available to you through JobAccomm. Content means any work of authorship or information, including salaries, company reviews, interview reviews, company photos, 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 JobAccomm. Because we do not control such Content, you understand and agree that:
- 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;
- we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and
- we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties. 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 JobAccomm.
We may 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 JobAccomm. While we provide the option for potential JobAccomm reviewers to specify the category of their employment when they leave a review (e.g contractor, freelancer, etc.), we do not consider this a requirement. 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 JobAccomm 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 JobAccomm (“Your Content”). You agree that by submitting Your Content to JobAccomm, you have reviewed and understood our Community Guidelines. You understand that you may expose yourself to liability if Your Content or other use of JobAccomm 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;
(a) 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
(b) Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms;
(c) 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;
(d) 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;
(e) Act in a manner that is harassing, threatening, abusive, racist or bigoted, is otherwise objectionable (as determined by JobAccomm);
(f) Promote, endorse or further illegal activities;
(g) 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;
(h) Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
(i) Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;
(j) Solicit personally identifying information from minors;
Except as expressly approved by us, use JobAccomm for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
(k) Imply a JobAccomm endorsement or partnership of any kind without our express written permission;
(l) Send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law;
(m) Introduce software or automated agents to JobAccomm, or access JobAccomm so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from JobAccomm without our express written permission;
(n) “Frame” or “mirror” or otherwise incorporate part of JobAccomm into any website, or “deep-link” to any portion of JobAccomm without our express written permission.
(o) Copy, modify or create derivative works of JobAccomm or any Content (excluding Your Content) without our express written permission);
(p) Copy or use the information, Content (excluding Your Content), or data on JobAccomm in connection with a competitive service, as determined by JobAccomm;
(q) Sell, resell, rent, lease, loan, trade or otherwise monetise access to JobAccomm or any Content (excluding Your Content) without our express written permission;
(r) Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of JobAccomm;
(s) Interfere with, disrupt, or create an undue burden on JobAccomm or the networks or services connected to JobAccomm;
(t) Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to JobAccomm; or
(u) Attempt to circumvent any security feature of JobAccomm;
Links to Third-Party Websites.
JobAccomm 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. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, 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 JobAccomm, our terms and policies do not govern your use of third-party websites.
Applying on JobAccomm.
Some of our job postings allow you to complete and submit your application on JobAccomm. We provide this service by working directly with an employer or by searching the Internet for the best contact information we can find for an employer. When you click the “Apply” button to submit an application on JobAccomm, we send your application to the most appropriate contact information we have on file for that employer. While we endeavour 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.
Salary Estimates.
In certain markets we may offer salary estimate features, such as personalised market value estimates (currently branded as Know Your Worth), salary estimates for job roles, and salary estimates for specific job openings. Unless otherwise indicated, we estimate base salary only and do not include the value of bonus, equity, benefits, or other forms of compensation. Though we may offer employers the ability to supplement or replace our salary estimates with their own data, users should understand that, unless indicated otherwise, results do not represent verified salaries, guarantees of actual salaries, or endorsements from employers. Their purpose is to provide data to promote transparency and to help people make informed decisions. We do not guarantee the accuracy of results and you are responsible for how you use them. We encourage you to supplement JobAccomm’s salary estimates with other research.
Free Templates. From time to time we may provide you with templates for your use, such as, templates to help employers solicit reviews from your employees, 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 we offer through JobAccomm are provided as suggestions and their contents do not constitute legal or employment advice. With respect to job description templates, you understand and agree that we cannot guarantee that a description properly applies to the specific circumstances of your hiring needs. You accept that your use of any template provided by JobAccomm is at your own risk.
5. Special Provisions Applicable To Employers
Employers are solely responsible for their postings on JobAccomm. JobAccomm is not to be considered to be an employer with respect to Your use of JobAccomm and JobAccomm shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on JobAccomm.
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from JobAccomm, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from JobAccomm’s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through JobAccomm’s web servers.
In order to protect our JobAccomm Users from commercial advertising or solicitation, JobAccomm reserves the right to restrict the number of e-mails which an employer may send to Users to a number which JobAccomm deems appropriate in its sole discretion. You shall use JobAccomm in accordance with all applicable privacy and data protection laws.
Job postings
A Job posting may not contain:
(a) any hyperlinks, other than those specifically authorised by JobAccomm;
(b) misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in JobAccomm’s reasonable discretion;
(c) the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by JobAccomm;
(d) the names of colleges, cities, states, towns or countries that are unrelated to the posting;
(e) more than one job or job description, more than one location, or more than one job category, unless the product so allows;
(f) inaccurate, false, or misleading information; and
(g) 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 JobAccomm job posting or Profiles to:
(a) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labour and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(b) 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;
(c) 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;
(d) with respect to Profiles, determine a consumer’s eligibility for: (i) credit or insurance for person, family, or household purposes; (ii) employment; or (iii) a government license of benefit.
(e) post jobs or other advertisements for competitors of JobAccomm or post jobs or other content that contains links to any site competitive with JobAccomm;
(f) sell, promote or advertise products or services;
(g) post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
(h) post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
(i) 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;
(j) promote any opportunity that does not represent bona fide employment;
(k) post jobs on JobAccomm for modeling, acting, talent or entertainment agencies or talent scouting positions;
(l) advertise sexual services or seek employees for jobs of a sexual nature;
(m) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
(n) endorse a particular political party, political agenda, political position or issue;
(o) promote a particular religion;
(p) post jobs located in countries subject to economic sanctions of the EU, UK or United States Government; and
(q) 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 offences or proceedings or (vii) age.
JobAccomm reserves the right to remove any job posting or content from JobAccomm, which in the reasonable exercise of JobAccomm’s discretion, does not comply with the above Terms, or if any content is posted that JobAccomm believes is not in the best interest of JobAccomm.
If at any time during Your use of the JobAccomm Services, You made a misrepresentation of fact to JobAccomm or otherwise misled JobAccomm in regards to the nature of Your business activities, JobAccomm will have grounds to terminate Your use of the JobAccomm Services.
6. Resume Database
Use of the JobAccomm Resume Database by Employers
You shall use the JobAccomm Resume Database as provided in these Terms and in any contract You have with JobAccomm. You shall use the JobAccomm 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 JobAccomm Resume Database to any third party, unless You are an authorised 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 JobAccomm Resume Database from loss, misuse, unauthorised 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 JobAccomm Resume Database shall not be used:
(a) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
b) 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
(c) to source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited by Section 5.
In order to ensure a safe and effective experience for all of our customers, JobAccomm 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 JobAccomm’s sole discretion from time to time.
7. Use of Profiles
You shall use the JobAccomm Services and profiles as provided in these Terms, any contract You have with JobAccomm, and the in accordance with the following:
You may only use the JobAccomm services to identify candidates for possible recruitment and make initial contact with such candidates.
You may not use the JobAccomm profiles as a factor in determining any consumer’s eligibility for employment, retention, or promotion.
You may not review the JobAccomm profiles of persons employed by You or persons who have already expressed interest in employment with You outside of the JobAccomm services.
8. Posting Jobs on JobAccomm.
You may not post any job ad that:
Does not comply with the applicable laws or regulations of the location and country where the job is to be performed, including laws relating to labour 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).
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 authorised to submit job ads;
Contains multiple job openings in a single job ad (unless you’ve purchased a service that permits this);
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 JobAccomm’s reasonable discretion.
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.
9. Reviews on JobAccomm.
You may not offer incentives in exchange for company or interview reviews. You may not trade reviews with other employers. We will remove reviews where we have evidence that users were compensated to leave reviews. You may not coerce employees to leave reviews. Coercion includes asking employees to provide proof to an employer that they wrote a review whether or not that proof includes the content of the review itself.
10. Feedback for Job Seekers.
We may inform a user when you have taken an action with respect to information we have shared with you on behalf of that user, such as when you open the user’s application, view their resume, view their profile on JobAccomm, and/or make a decision about their application. When you view, store or receive materials through your use of JobAccomm, we may use such materials for data analysis, quality control, or to refine our platform and services. We may also share with our users our observations based on such data analysis. For example, we may tell our users which employers are more likely to open applications submitted to JobAccomm, which employers are active on JobAccomm, and how long certain aspects of the candidate process take on average for a given employer. You understand and agree that JobAccomm may take such actions.
11. 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.
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 JobAccomm (“User Content”) is the sole responsibility of the person from which such User Content originated. JobAccomm 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 JobAccomm and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through JobAccomm, you grant JobAccomm a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through JobAccomm. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant JobAccomm a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting JobAccomm and its services. JobAccomm will discontinue this licensed use within a commercially reasonable period after such User Content is removed from JobAccomm. JobAccomm 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 JobAccomm, 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 JobAccomm retains any and all rights that may exist in such User Content. JobAccomm 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 JobAccomm. JobAccomm reserves the right to expel Users and prevent their further access to JobAccomm and/or use of JobAccomm Services for violating the Terms or applicable laws, rules or regulations. JobAccomm 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 JobAccomm, damage JobAccomm’s brand or public image, or cause JobAccomm to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
JobAccomm 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 JobAccomm 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:
(a) 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;
(b) harasses, incites harassment or advocates harassment of any group or individual;
(c) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”;
(d) promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(e) promotes or endorses an illegal or unauthorised 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;
(f) contains restricted or password only access pages, or hidden pages or images;
(g) displays or links to pornographic, indecent or sexually explicit material of any kind;
(h) 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
(i) 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
(j) 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.
In order to protect our JobAccomm Community Users from commercial advertising or solicitation, JobAccomm 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 JobAccomm deems appropriate in its sole discretion.
Profiles derived from User Content may also be made available through JobAccomm. JobAccomm 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 JobAccomm. 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 JobAccomm. 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. JobAccomm 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.
12. Enforcement by JobAccomm
Removal of Content.
While JobAccomm has no obligation to do so, JobAccomm 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 JobAccomm (including our Community Guidelines), or that we deem, in our sole discretion, inappropriate. If you see any Content on JobAccomm 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. For more information please see our Legal FAQs.
Copyright Policy.
Please see our Copyright Complaint Policy 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:
(a) removing Content (or portions thereof) from JobAcomm;
(b) suspending your rights to use JobAccomm;
(c) terminating your membership and account;
(d) reporting you to law enforcement, regulatory authorities, or administrative bodies; and
(e) 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.
13. Rights to Your Content
We do not claim ownership in any Content that you submit to JobAccomm, but you grant us the rights to use such Content as set forth below. By submitting, posting or displaying User Content on or through JobAccomm, you grant JobAccomm a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through JobAccomm. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant JobAccomm a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting JobAccomm and its services. JobAccomm will discontinue this licensed use within a commercially reasonable period after such User Content is removed from JobAccomm. JobAccomm reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
By submitting any Content to JobAccomm, you hereby expressly waive any and all of your moral rights applicable to JobAccomm’s exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve JobAccomm and to make Content submitted to or through JobAccomm available to other companies, organisations 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 JobAccomm. You should only submit Content to JobAccomm that you are comfortable sharing with others under the terms and conditions of these Terms.
14. Rights to JobAccomm Content
JobAccomm 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 JobAccomm owns and retains all property rights in JobAccomm. 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 JobAccomm solely for your personal use in connection with using JobAccomm. 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 JobAccomm or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to JobAccomm. JobAccomm® is a registered trademark of JobAccomm Limited. The trademarks, logos and service marks (“Marks”) displayed on JobAccomm 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.
15. Indemnity
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 “JobAccomm 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 JobAccomm, including due to or arising from your breach of any provision of these Terms.
16. JobAccomm’s Liability.
JobAccomm act as, among other things, venues for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post resumes and Profiles and search for and evaluate job opportunities. JobAccomm does not screen or censor the listings, including Profiles offered. JobAccomm is not involved in, and does not control, the actual transaction between employers and candidates. As a result, JobAccomm is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and JobAccomm makes no representations about any jobs, resumes or User Content on the JobAccomm Sites. While JobAccomm reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from JobAccomm from time to time, JobAccomm does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action. JobAccomm is not involved in the actual communications between Users. As a result, JobAccomm has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on JobAccomm and makes no representations about any Profile or User Content on JobAccomm.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through JobAccomm. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using JobAccomm.
Because User authentication on the Internet is difficult, JobAccomm cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on JobAccomm, in the event that You have a dispute with one or more Users, You release JobAccomm (and our agents and employees) from claims, demands 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 to the fullest extent permitted by law.
JobAccomm and JobAccomm Content may contain inaccuracies or typographical errors. JobAccomm makes no representations about the accuracy, reliability, completeness, or timeliness of JobAccomm or JobAccomm Content. The use of JobAccomm and JobAccomm Content is at Your own risk. Changes are periodically made to JobAccomm and may be made at any time. JobAccomm cannot guarantee and does not promise any specific results from use of any JobAccomm. No advice or information, whether oral or written, obtained by a User from JobAccomm or through or from JobAccomm shall create any warranty not expressly stated herein.
JobAccomm encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall JobAccomm be liable for the deletion, loss, or unauthorised modification of any User Content.
JobAccomm does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through JobAccomm, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
If You believe that something on the Site violates these Terms please contact us.
If notified of any content or other materials which allegedly do not conform to these Terms, JobAccomm may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. JobAccomm has no liability or responsibility to Users for performance or nonperformance of such activities.
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.
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 JobAccomm. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on JobAccomm, whether caused by users or by any of the equipment or programming associated with or utilised in JobAccomm. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised 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 JobAccomm 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 JobAccomm. Under no circumstances shall we be responsible for any loss or damage resulting from the use of JobAccomm or from any Content posted on JobAccomm or transmitted to users, or any interactions between users of JobAccomm, whether online or offline.
JobAccomm 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:
- JobAccomm will meet your requirements;
- JobAccomm will be available on an uninterrupted, timely, secure, or error-free basis; or
- the results that may be obtained from the use of JobAccomm will be accurate or reliable. You hereby release the JobAccomm 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: (a) the actions, Content, or data of third parties (including, advertisers and other users) (b) your participation in any offline events. IN NO EVENT SHALL THE JOBACCOMM 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 JOBACCOMM GROUP, 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 JOBACCOMM GROUP’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF JOBACCOMM (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED EUROS (€100).You acknowledge that you are familiar with the provisions of Section 1542 of the California Civil Code, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR 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.” You hereby expressly waive and relinquish all rights and benefits under Section 1542 of the California Civil Code and any law or legal principle of similar effect in any jurisdiction with respect to the releases and/or discharges granted herein, including but not limited to the releases and/or discharges of unknown claims.
17. Disclaimer of Warranty.
TO THE FULLEST EXTENT POSSIBLE BY LAW, JOBACCOMM DOES NOT WARRANT THAT ANY JOBACCOMM SITE OR ANY JOBACCOMM SERVICES WILL OPERATE ERROR-FREE OR THAT ANY JOBACCOMM SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY JOBACCOMM SITE OR THE JOBACCOMM CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, JOBACCOMM IS NOT RESPONSIBLE FOR THOSE COSTS. THE JOBACCOMM SITES AND JOBACCOMM CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. JOBACCOMM, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. JOBACCOMM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE JOBACCOMM CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
18. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL JOBACCOMM, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY JOBACCOMM SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY JOBACCOMM SITE AND THE JOBACCOMM CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JOBACCOMM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19. Links to Other Sites.
JobAccomm contains links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by JobAccomm of the contents on such third-party Web sites. JobAccomm is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.
20. Mobile Services.
If You use JobAccomm through a mobile device, You agree that information about Your use of JobAccomm through Your mobile device and carrier may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of JobAccomm through a mobile device may cause data to be displayed on and through Your mobile device. By accessing JobAccomm using a mobile device, You represent that to the extent You import any of Your JobAccomm data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your JobAccomm account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing JobAccomm through Your mobile access provider. Therefore, You should check with Your provider to find out if JobAccomm is available and the terms for these services for Your specific mobile devices.
By using any downloadable application to enable Your use of JobAccomm, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.
21. Termination
These Terms remain in effect while you use JobAccomm 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 JobAccomm, 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 JobAccomm. For the avoidance of doubt, you agree that these Terms apply to your use of JobAccomm and any Content posted on JobAccomm at any time prior to the termination or expiration of these Terms.
22. Changes to Terms
We may revise these Terms from time to time by posting an updated version on JobAccomm. 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 JobAccomm is subject to the most current effective version of these Terms.
23. Third-Party Discovery
You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from JobAccomm. If you intend to propound discovery seeking a user’s identifying information, you agree to do so pursuant to a valid England and Wales Court subpoena, properly issued in connection with an active lawsuit and properly served on JobAccomm, 13 Harbour Road, Dalkey, Dublin, Ireland, A96 FN44. You further agree that all such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought and resolved exclusively in the courts located within England and Wales, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.
24. Dispute Resolution
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND JOBACCOMM ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND JOBACCOMM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
25. Governing Law.
These Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of JobAccomm, shall be governed by the laws of England and Wales without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. The parties agree that their arrangement under these Terms is for any claim, dispute, or other legal proceeding not subject to the “Agreement to Arbitrate” provision below, the claim or dispute shall be brought and litigated exclusively in the state courts located within England and Wales, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.
26. Agreement to Arbitrate.
If you reside in the United States, subject to the Exceptions to Arbitration set forth below, you and JobAccomm each agree that any and all disputes between consumer users of JobAccomm and JobAccomm arising under or related in any way to these Terms and such users’ use of JobAccomm must be resolved through binding arbitration as described in this section. With the exception of the prohibition on class arbitrations set forth in this “Dispute Resolution” section, if an arbitrator or court decides that any part of this agreement to arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply. Exceptions to Arbitration. This Agreement to Arbitrate will not apply to the following:
(a) small claims court cases that qualify;
(b) legal proceedings that involve efforts to obtain user-identifying information;
(c) any legal proceedings brought by any of the JobAccomm Group against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; and
(d) a party’s right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement and the Dispute Resolution section will continue to apply. Informal Dispute Resolution. If either of us intends to seek arbitration under the agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. Notice to JobAccomm should be sent to the Litigation Department, JobAccomm, 13 Harbour Road, Dalkey, Dublin, Ireland, A96 FN44. If you have an account on JobAccomm, notice to you will be sent to the email address associated with your account. The notice of dispute (“Notice”) must
(e) describe the nature and basis of the claim or dispute; and (f) set forth the specific relief sought.
If JobAccomm and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or JobAccomm may commence formal proceeding. Arbitration Procedure. The arbitration will be governed by the Consumer Arbitration Rules of Arbitration Ireland, if applicable, as modified by this section. Any settlement offer made by you or JobAccomm shall not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in Dublin, Ireland. For any claim where the total amount of the award sought is $10,000 or less, you and JobAccomm may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and JobAccomm subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you or JobAccomm may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognised principles of equity, and will honour all claims of privilege recognised by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same JobAccomm user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Opt-Out Procedure.
IF YOU ARE A NEW JOBACCOMM USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE JOBACCOMM TERMS OF USE FOR THIS FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO JOBACCOMM LTD, ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, 13 HARBOUR ROAD, DALKEY, DUBLIN, IRELAND A96FN44. You must complete the Opt-Out Notice by providing the following information:-
your name, address (including street address, city, state and postcode), and the email address(es) associated with the JobAccomm account(s) to which the opt-out applies.
You must sign the Opt-Out Notice for it to be effective.
This procedure is the only way you can opt out of this Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts these Terms and this Dispute Resolution section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Changes to the Agreement to Arbitrate.
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any changes to this “Arbitration” section (other than a change to any referenced notice address or site link) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. The change will apply to all other disputes or claims governed by this Arbitration section that have arisen or may arise between you and JobAccomm. We will notify you of changes to this Arbitration section by posting the changes on JobAccomm at least 30 days before the effective date of the changes and by email. If you do not agree to these changed terms, you may close your account within the 30 day period and you will not be bound by the changes.
27. Other
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 JobAccomm 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 JobAccomm’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 by contacting us.
Revised: March 19, 2021