contact@jobplanet.co.za

Terms and conditions

Job Planet Terms of Service Introduction

Each time you access or use Job Planet’s online and/or mobile services and websites, including any Job Planet mobile application (collectively the “Job Planet Apps”) regardless of where it is downloaded from, and any software provided by or on behalf of Job Planet on or in connection with such services or websites (collectively, the “Site”), including, but not limited to, the Job Planet Ads Program, Job Planet Resume Program (otherwise referred to as the Job Planet CV Program in certain countries), Job Planet Prime, Job Planet Targeted Ads, Job Planet Publisher Program, Job Planet Apply, or any other service, (a) you represent that you have read and understand the Cookies Policy and Privacy Policy; and (b) you are agreeing to the terms and conditions of these Terms of Service (the “Agreement”) then in effect with the following entity or entities:

  • Job Planet (Pty) Ltd.

The Site is made available for use only by individuals searching for employment openings (“Job Seekers”), by individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties (“Employers”), and by individuals and/or organizations seeking to participate in the Job Planet Publisher Program (“Publishers”).  If you are accessing or using the Site in your capacity as an employee or other representative of an Employer or Publisher, you are agreeing to this Agreement on behalf of yourself and such Employer or Publisher, as applicable, and you represent and warrant that you have the authority to bind such Employer or Publisher, as applicable, to this Agreement.

We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legends in each section of the terms and conditions indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.

This Agreement hereby incorporates by this reference any additional terms and conditions posted by Job Planet through the Site, or otherwise made available to you by Job Planet. In particular:

  • If you access or use the Job Planet Ads Program, you are agreeing to be bound by the Job Planet Ads Program Terms
  • If you access or use the Job Planet Resume Program, you are agreeing to be bound by the Job Planet Resume Program Terms
  • If you access or use Job Planet Prime, you are agreeing to be bound by the Job Planet Prime Terms
  • If you access or use Job Planet Targeted Ads, you are agreeing to be bound by the Job Planet Targeted Ads Terms
  • If you access or use the Job Planet Publisher Program, you are agreeing to be bound by the Job Planet Publisher Program Terms
  • For all other uses of the Site, you are agreeing to be bound by the Job Planet General Terms of Service

Job Planet General Terms of Service

Last Updated: April 23, 2018.

  1. The following terms and conditions apply to all Job Seekers, Employers, Publishers and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement.
  2. The Job Planet Services

Job Planet may make available certain job listings and other job-related contents, including links to third-party websites (such listings and other contents, (“Job Listings” or “Job Ads”), through Job Planet’s search results or otherwise through the Site. Job Listings are created and provided by third parties over whom Job Planet exercises no control; you acknowledge and understand that we have no control over Job Listings. Except for certain sponsored, featured or paid placements, the Job Listings contained on, or linked from, the Site are indexed or posted in an automated manner. Job Planet does not have any obligation to screen any Job Listing, or to include any Job Listing in its search results or other listings, and may exclude or remove any Job Listing from the Site for any or no reason. We cannot confirm the accuracy or completeness of any Job Listing or other information submitted by any employer or other user, including the identity of such employer or other user. Job Planet assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing. You agree that Job Planet may also provide search options to narrow down Job Listing search results by job type (i.e. full-time, part-time, etc.), and such job types are created independently and entirely by Job Planet, and are not a direct reflection of the actual Job Listing.

1(a) Notice to Users Applying to Jobs Through Job Planet: If you are a Job Seeker, any resume or application information that you submit through the Site is subject to this Agreement (including Section 4 below) and to Job Planet’s Privacy Policy. Without limiting the foregoing, however, please note that by creating a public Job Planet Resume through the Site, you are requesting and authorizing Job Planet to make available your resume to any Employer that Job Planet believes may have an interest in your resume. By creating or uploading an Job Planet Resume, Job Planet may contact you to share Job Listings with you that match the contents of your Job Planet Resume. In addition, when you indicate your interest in a Job Listing through Job Planet Apply or by RSVPing to a hiring event (hereinafter, all references on the Site to “Apply Now”, “Easily Apply”, “Simple Apply”, “Apply from your phone”, “Apply with Job Planet”, “RSVP to hiring event” or any similar references are referred to as “Job Planet Apply”) you are requesting and authorizing Job Planet to reformat the job so that you may read it more clearly in your phone, you are sending your resume and application information to Job Planet, and you are requesting and authorizing Job Planet to make available such application information to the applicable Employer(s) for such Job Listing(s). When you ask Job Planet to transmit an application or a message to an Employer via Job Planet Apply or Job Planet’s relay system or store such application, you understand that this is without warranty, and that Job Planet reserves the right to reformat such application or message. Job Planet may also insert functionality into messages relating to your application allowing you to place calls directly to third parties. Please note this functionality is provided solely as a courtesy and that such calls are not placed through or tracked by Job Planet. Your standard calling rates with your phone provider will apply. Job Planet also does not guarantee that any Employer will receive, access, read or respond to any such resume or application material, or that there will be no mistakes in the transmission or storage of the data. However, Job Planet may alert you when any of the above events occur. Job Planet may also send you emails from the career or hiring guides as part of its services to you. These emails may include but not be limited to, tips on improving your resume or how to use your resume effectively in the job application process, commonly asked interview questions, next steps after you have submitted an application, and how to prepare for a new job after you have been hired.

Job Planet may offer you the opportunity to receive a text message interview reminder from Job Planet when the Employer has scheduled interviews with you. In such an event you will enter your phone number on the Job Planet consent form and by entering your phone number you are representing and confirming it is your number and you have the right to accept  text messages at the number. Job Planet will only send you a text message reminder for such interview and you agree to accept such text message reminder on your cell phone including messages sent by automated telephone dialing system.

In addition, by using Job Planet, you agree that Job Planet is not responsible for the content of the Employer’s application form, messages, screener questions, testing assessments or their format or method of delivery and that Job Planet does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that Job Planet does not choose the questions asked by Employers or decide the job qualification criteria of Employers. If you require alternative methods of screening or application you must approach the Employer directly to request such as Job Planet is not responsible for the Employer application process. 

By using Job Planet Apply and answering screener questions, you acknowledge that Employers may have instructed Job Planet to send out rejection notices if you have not answered the questions in a manner that the Employer so wishes, and you acknowledge that Job Planet has no discretion in the transmission of these rejections. When you apply to a job using the Job Planet Apply button, Job Planet will attempt to send your application to the contact information provided to us by an Employer or their Agent. We cannot vouch for the validity of such contact information provided to us. We also cannot vouch for the technical capabilities of any third party sites, including but not limited to Applicant Tracking Systems (ATSs). If you do not feel comfortable sending an application or messages in this manner or having your application or messages stored on Job Planet, do not use the Job Planet Apply or Job Planet relay functions and please send your application or messages directly to the Employer by whatever other method you so choose. Additionally, you consent to your application and any responses sent to you by the Employer (including offer letters) through Job Planet being processed and analyzed by Job Planet according to this Agreement and Job Planet’s Privacy Policy. Job Planet shall store such information regardless of whether a job vacancy has been filled. Job Planet may use your application materials (including public resumes and responses to screener questions) to determine whether you may be interested in a Job Listing, and Job Planet may reach out to you about such Job Listing. Job Planet does not guarantee the identity of an Employer or any individuals working for any Employers, and cautions Job Seekers when applying to jobs. Job Planet does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Job Seekers are solely responsible for verifying the accuracy of any Employer or job offer.

1(b) If you are an Employer, when you create an Job Planet account, a Career Page or post a Job Listing on the Site, whether as part of the Job Planet Ads Program or otherwise, you agree that this Agreement and all of Job Planet’s policies, including the Job Planet Privacy Policy and Cookie Policy, apply to you and to the Job Seekers using such Career Page or indicating an interest in such Job Listings.  Specifically, when you create an Job Planet account, Job Planet may require that you verify your identity through a third party service called NetVerify. By using NetVerify, you are submitting your identification documents for verification directly to NetVerify, you are agreeing to share your identification with NetVerify, and you agree that NetVerify is solely responsible for any use or loss of data. Job Planet may have access to your identification documents via NetVerify. You also agree that, as a service to Job Seekers, Job Planet may activate its Job Planet Apply relay function for use in connection with such Job Listing, and that any Job Seekers who wish to indicate an interest in such Job Listing may only do so through Job Planet Apply, and that Job Planet will send applications to the email address you provide us with. When you use the Job Planet Apply relay function, you acknowledge and agree that Job Planet may add certain functions into the email, which allows you to take actions regarding the Job Seeker including setting up an interview, viewing a resume and rejecting a candidate, and that you consent to Job Planet monitoring and analyzing these actions. When using the Job Planet Apply function, Job Planet will attempt to send applications to the contact information provided to Job Planet by you, the Employer. Job Planet has no ability to verify the contact information provided by You. In the event You provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Seekers, and you indemnify Job Planet for any damages resulting therefrom. In addition, Job Planet may, on your behalf, send out reminder emails to Job Seekers you wish to interview. Job Planet may also send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume. Job Planet is not responsible for the content of your emails, application form, screener questions or their format, and disclaims all liability for such content, including as to whether such content is legal. Job Planet further does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. In the event a message being sent is intended for a closed account, these messages will not be deliverable. When you use screener questions, you may be given the option to instruct Job Planet to send out rejection notices if the Job Seeker has not answered the questions in the manner set forth in the online instruction. If you choose such option, you agree you are instructing us to send out rejection notices to such candidates and set them to rejected in your Employer dashboard. You further acknowledge that Job Planet has no discretion in the transmission or storage of these rejections (which is purely mechanical), that transmission or storage is not guaranteed, and that the Job Seeker may not have answered the screener questions accurately. You agree that Job Planet may take action to try to identify and reduce spam applications, and that one method of doing so may include imposing a cover letter requirement for such applicants. Job Planet does not verify the identity of any Job Seekers who apply to your job listing, nor does Job Planet know a Job Seeker’s motivation for applying to your job listing, and thus provides no guarantee as to the Job Seeker’s qualifications or interest in your job listing. You agree that Job Planet Apply is presented to you without warranty and Job Planet assumes no responsibility for the communications between you and the Job Seeker, which communications are yours’ and the Job Seekers’ sole responsibility. If you do not feel comfortable contacting a Job Seeker through Job Planet’s relay functions, do not use the Job Planet relay functions and please contact the Job Seeker via the personal information provided in such Job Seeker’s resume or application or by whatever method you so choose. By using any automated phone screen product, you agree that you are requesting Job Planet to send a Job Seeker a telephone number, which the Job Seeker may call with the purpose of answering your telephone screening questions. You agree these questions are part of your application process, are solely determined by you, and are not being asked by Job Planet. You also agree that you are only asking Job Planet to record the Job Seeker’s answers to your screening questions and that Job Planet will forward you the recording of the answers to your questions. You consent to Job Planet listening to and analyzing the recording in accordance with Job Planet’s Privacy Policy. When you respond to or contact a Job Seeker who has used Job Planet Resume, or Job Planet Apply, you are providing information to Job Planet and requesting and authorizing us to make available such information to the applicable Job Seeker. Additionally, you consent to Job Seekers’ applications and any responses sent by you (including offer letters) through Job Planet being processed and analyzed by Job Planet according to this Agreement and Job Planet’s Privacy Policy. Job Planet shall store such information regardless of whether a job vacancy has been filled. You are responsible for the contents of any Career Page that you create, any Job Listings that you post, and any messages that you send through Job Planet Apply or otherwise, including any questions for Job Seekers. You agree that Job Planet may reject or remove any Job Listing, any part of any Career Page, or any questions for Job Seekers for any or no reason. You shall indemnify, defend and hold harmless Job Planet, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Career Page created by you, or any Job Listing or screener questions (or answers thereto) posted by you, or any message sent by you (including any questions for Job Seekers contained in any of the foregoing). Job Planet may provide analytics data regarding your Employer account to anyone at your company at Job Planet’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Job Planet product, Job Planet reserves the right to suspend or terminate your use of that Job Planet product as well as any other Job Planet product, including but not limited to those Job Planet products where you do not have an unpaid invoice or account balance.

1(c) Regardless of whether you are an Employer or Job Seeker, when you view, send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, Job Planet may, for example, use such materials for data analysis, quality control, or to refine the Site or any other Job Planet product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When you view, send, store or receive materials through or using the Site, Job Planet may also inform a Job Seeker that an Employer has taken an action with regards to a Job Seeker’s Resume or application such as opening the Resume or application, viewing the Resume or application and making a decision with regards to the application, and you hereby consent to Job Planet taking such actions. Job Planet assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job listing, Career Page, job solicJTAtion, screener question, answer to screener question, resume information you post, send or receive through the Site. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact Job Planet to do so.

1(d) Regardless of whether you are an Employer or Job Seeker, Job Planet may use application materials (including resumes and responses to screener questions) and the recency of your activity on Job Planet to determine whether the words of any Job Seeker’s resume and answers to screener questions match the words of a Job Listing or Resume query, and vice-versa. Regardless of whether you are an Employer or Job Seeker, you agree and consent that Job Planet may differentiate those matching resumes and screener questions from those that do not match, and present them to Employers as matches or not matches. Job Planet may also use such information in order to improve the Site or any other Job Planet product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers).

1(e) Regardless of whether you are an Employer or Job Seeker, Job Planet may provide certain categories of information to you for informational purposes only. For example, Job Planet may provide you with data regarding estimated salaries for a certain Job Listing, or about estimated applies to a Job Listing you may receive as an Employer.  These figures provided by Job Planet are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy.  With respect to information regarding estimated applies, if you are an Employer participating in the Job Planet Ads Program, please note that this is not the information you are purchasing from Job Planet and you are not charged per apply. Job Planet may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to Job Planet. These figures are given to Job Planet users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.

1(f) Regardless of whether you are an Employer or Job Seeker, Job Planet may provide certain types of career-related or hiring-related information on its Site. All information contained in any Job Planet career or hiring guide is for informational purposes only, and is in no way to be construed as professional career counseling or staffing services. You understand that Job Planet may give suggestions or information regarding best-practices, however, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search. You further understand that in providing any such career or hiring guides, Job Planet is not acting as a job placement agency or staffing firm. You also understand that by referring to or using such career or hiring guides, you are not guaranteed job interviews, job placement, assurance of being hired, job candidates, or hires, and you take full responsibility for use of these services or guides. As a user of the Site, Job Planet may, from time to time, send you emails from the career or hiring guides as part of its services to you. These emails may include but not be limited to, tips on improving your resume or how to use your resume effectively in the job application process, commonly asked interview questions, next steps after you have submitted an application, and how to prepare for a new job after you have been hired.

1(g) Regardless of whether you are an Employer or Job Seeker, Job Planet may provide you an online questionnaire relating to your industry and/or your hiring or job searching needs. Job Planet may match a Job Seeker’s responses to such questionnaires to determine, on the basis of the Employer’s responses to a questionnaire about its industry and/or hiring needs, whether such Job Seeker would match the Employer’s hiring criteria as specified in the Employer’s questionnaire responses. In the event Job Planet determines that a Job Seeker matches the Employer’s hiring criteria, Job Planet may connect such matching Job Seeker and Employer by sending a note informing both parties of the match, including but not limited to sending an Employer a short description of a Job Seeker taken directly from the Job Seeker’s responses to the questionnaire. In all events you will know what data we are providing to either a Job Seeker or Employer, or upon which we relied to make the match, because you have actively submitted it. If the Employer and Job Seeker express interest in each other, you agree Job Planet may provide the Employer with an email address for the Job Seeker either provided by Job Planet or the Job Seeker and, if you are a Job Seeker, you consent to this. Regardless of whether you are an Employer or Job Seeker, by submitting the completed questionnaire, you agree and consent to Job Planet (i) conducting such matching, utilizing only material you have submitted through the questionnaire process, (ii) presenting matching Job Seekers to Employers, and vice versa and (iii) storing and analyzing such data submitted in response to such online questionnaires.

New: 1(h) If you are a Job Seeker, you take a variety of actions on our Site. For example, you search for jobs, and Job Planet knows and stores the titles of jobs you search for and click on, where those jobs are located, any information, including salary interest or experience of which you have informed Job Planet, or the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, your amount of activity or time of most recent activity on Job Planet, or any of your other behavior on the Job Planet site, when you use Job Planet. You know exactly what this data is because you are the person who undertook the activity and the data pertains only to your activity. If you have an Job Planet account or an Job Planet-hosted resume, you agree that Job Planet may use this observed factual data to suggest jobs to you and to suggest you or your public resume to Employers that might be interested in a person who matches your behavior on Job Planet. You also agree that Job Planet may contact you based on this observed behavior for Employers or for Job Planet itself. Please note, although information may be sent to you by a third party through the Job Planet system, the aforementioned behavior does not include information relayed to you. However, Job Planet may publicly display the fact that you have recently used the Job Planet Site or the fact that you have recently used the Job Planet system to correspond with a third party. In addition, if you are located in the United States and you set your Resume to public, this means that Job Planet may share all of the aforementioned information about yourself with third-party Employers. If you do not wish to share such information, you may set your Resume to private.

1(i) If you are a Job Seeker, please note that Job Planet may automatically send you recommended jobs via the email address you use to create an Job Planet account or apply to a job. Job Planet may determine what these recommended jobs are on the basis of a variety of factors, including but not limited to, any information you input on the Site about yourself, searches you run on the Site, jobs you click on, jobs you apply to, or the materials you provide in a job application to an Employer through Job Planet.

1(j) The Job Planet Express Plan is governed by the terms and conditions found in the Job Planet Ads Program terms below, with the exception of any billing terms contained in Section 5. Payment. If you have chosen to activate the Job Planet Express Plan, please note that you will only be charged the amount listed on the Express Plan page in the Post a Job funnel on the Site (“Express Plan Page”) if you receive the number of qualified applicants described on the Express Plan Page, in the amount of time listed on the Express Plan Page. A Qualified Applicant is defined as an applicant whose answers to the application questions you configure meet your defined requirements. In order to activate this plan, you must configure at least one application question. Once you have activated an Express Plan, you may pause or cancel your job at any time. Once you have received the number of Qualified Applicants listed on the Express Plan Page, your job may be automatically paused. After the amount of time listed on the Express Plan Page has passed, if you reactivate your job, it will be governed by the entirety of the Job Planet Ads Program terms.

1(k) Screening Tools:  Job Planet may make screening tools available to Employers for Employer use in the application process, including screener questions, phone screen tools and employee assessments. Job Planet is licensing these tools to you for your use as you determine. By using any screening product, made available to you by Job Planet, you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you, and are not being asked by Job Planet.  You are the sole party to determine which answers will qualify a candidate. You are solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent state act. Job Planet does not warrant that the method of delivery of these questions would be compliant with the Americans with Disabilities Act or any equivalent state act. You the Employer agree to indemnify Job Planet for any and all claims arising out of an Employer’s  use of a Screening Tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or that such Screening Tool results in a “disparate impact”.

1(l) Regardless of whether you are a Job Seeker or an Employer, any emails or email notifications corresponding with any actions you take on the Site through the Job Planet Apply process are provided solely as a courtesy. Job Planet 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. Further, if you are an Employer and you posted a Job Listing directly on Job Planet, applications are sent only to your Job Planet dashboard; any other notifications you may receive are provided solely as a courtesy to you.

1(m) Job Planet may offer beta test products which have different pricing models for posting your Job Listing, including but not limited to payment for candidates you deem to be qualified.  These beta test products may be offered in limited quantities, in limited locations, and for limited job categories in order to gauge interest. The current offering is in two locations within the Austin area (Georgetown, TX and San Marcos, TX) for Senior Staff Nurse and Dental Nurse jobs. If you purchase the beta test product in which you receive a certain number of qualified candidates for a price, please note that any “money back” offer requires that you notify Job Planet within thirty days that the candidates you receive do not meet your qualifications.  Job Planet reserves the right to offer “money back” either via a refund or simply not invoicing you for payment.  Job Planet further reserves the right to change the terms or parameters of any beta test product at any time.

1(n) If you are a job seeker in India or Brazil, Job Planet may provide limited applicant screening and filtering services to Employers that request that Job Planet perform this processing on their behalf.

1(o) When you post a Job Ad directly on Job Planet, Job Planet may automatically generate for you a Company Page. You authorize Job Planet to claim such Company Page for you on your behalf, which will be marked as a “Claimed Profile” and allows you to edit and add information to the Company Page. Company Pages allow User Content to be posted by individuals that may not be affiliated with the Company that owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Additionally, Job Planet may include all of your Job Ads posted on the Site on your Company Page, including but not limited to those posted directly on Job Planet as well as those indexed by Job Planet. You agree that you are solely responsible for any content you put on a Company Page, whether generated by or for you, including but not limited to photograph(s) or videos you provide, and third-party websites reachable from content you put on a Company Page. Job Planet may additionally offer Job Planet Company Pages Premium, which includes certain features accessible only on a subscription basis and to be charged as indicated in an insertion order. Job Planet reserves the right to change or remove these features at any time, in Job Planet’s sole discretion. Additionally, these features may include analytics or other figures, which Job Planet does not guarantee the accuracy of, and you are responsible for determining their suJTAbility for your intended use or purpose.

  1. External Sites

The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that Job Planet is not responsible or liable for any such third parties or for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.

In addition, Job Planet may provide you with links to certain third party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such third party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided these third parties, and disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party. You will be notified on the site that these are third party sites and services, and not Job Planet.

Specifically, Job Planet may provide you with access to a link on Job Planet to GoodHire’s background check services. If you choose to use this link and these services, you are contracting directly with GoodHire and Job Planet is not a party to this contract. If you choose to order a GoodHire background report, either on yourself if you are a Jobseeker or on a candidate if you are an Employer, please note (and you acknowledge) that Job Planet cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate or store the background check reports provided by GoodHire to you or to any GoodHire client. Job Planet operates solely as a technical conduit, allowing the transmission of background checks sent by GoodHire to you. Further, you agree to fully indemnify and defend Job Planet for any claims arising out of your use of GoodHire’s services or a background check provided to you by GoodHire.

If you are a candidate and an Employer using Job Planet requests that you conduct a background check through GoodHire or any other background check service, and you grant such permission, please note you are contracting directly with your prospective Employer and GoodHire. Job Planet is not a party to this contract. If you choose to allow an Employer to allow GoodHire (or any other party) to conduct a background report for you, please note (and you acknowledge) that Job Planet cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate or store the background check reports provided by GoodHire to any Employer. Job Planet operates solely as a technical conduit, allowing a link for the transmission of background checks sent by GoodHire to the Employer but has no part in the assembly of this report. Further, you agree to fully indemnify and defend Job Planet for any claims arising out of your agreement to allow a background check to be conducted by GoodHire or any background check company.

If you are a Jobseeker and you conduct a background check on yourself through GoodHire or any other background check service, please note you are contracting directly with GoodHire. Job Planet is not a party to this contract. If you choose to allow GoodHire (or any other party) to conduct a background check report on you, please note (and you acknowledge) that Job Planet cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate or store the background check reports provided by GoodHire. Job Planet operates solely as a technical conduit, allowing you to conduct a background check on yourself through GoodHire, but has no part in the assembly of this report. Further, GoodHire may provide you a link for the transmission of the background check to an Employer, and Job Planet has no access to this link or your transmission of the link. Finally, if you access a self-conducted background check on GoodHire through Job Planet, you acknowledge and agree that the fact that you have completed such background check will appear on your Job Planet profile, including but not limited to the date on which you completed such background check. You agree to fully indemnify and defend Job Planet for any claims arising out of your agreement to allow a background check to be conducted by GoodHire or any background check company.

  1. Use of Site

You are not permitted to use Job Planet’s Site or its content other than for non-commercial purposes. Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling) is prohibited. Job Planet reserves the right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorized use of the Site. If you wish to make commercial use of the Site, if you wish to make use of the Site in any capacity other than that of a Jobseeker or Employer, or if you wish to purchase Job Planet services that utilize the Site, you must have a prior written agreement with Job Planet to do so, or have accepted Job Planet’s online terms of service. Please contact us for more information. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason.

  1. User Content

Some parts of the Site, such as message boards and forums, may allow users to post Job Listings, resumes, information, text, images, audio, video, messages, and other materials (any such materials that a user submits, posts, displays, or otherwise makes available on or through the Site is referred to herein as “User Content”). Such functionality is designed to help users obtain career and company information, facilJTAte communication, discuss ways to make career decisions, and to let users know of jobs. User Content is provided by third-party contributors, many of whom may use anonymous screen names. User Content may be inaccurate, incomplete, misleading or deceptive. For example, the Site hosts Company Pages, which allow User Content to be posted by individuals that may not be affiliated with the Company who owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Job Planet does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. Certain elements of Job Planet job search results pages may appear to be content produced by Job Planet, but are actually a reproduction of user-generated search queries. You acknowledge that by accessing the Site, you may come into contact with content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that Job Planet shall have no liability with respect to such content.

You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, advertisements, solicJTAtions, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.

You are prohibited from posting any User Content containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. Job Planet may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information. Job Planet reserves the right to change the display of resume on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements.

Although Job Planet has no obligation to do so, Job Planet may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in Job Planet’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific portion of the Site on which it is posted, or that is an advertisement, recruiting or other commercial message, or that Job Planet deems in its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, please contact Job Planet immediately so that we may have the opportunity to consider its removal. For clarity, Job Planet does not have any obligation to remove any User Content, and the interpretation of whether any User Content violates any Job Planet policy will always remain within the sole discretion of Job Planet.

Job Planet reserves the right to disclose all User Content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that Job Planet may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information. As an Employer, when you post a Job Listing on Job Planet that you choose to list as confidential, your identity may be discoverable by request from the government or law enforcement.

Without limiting the generality of the foregoing, Job Planet reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing that directly or indirectly discriminate against Job Seekers or otherwise violate applicable law.

Please note: Section 230 of the U.S. Communications Decency Act provides that:

(1) Treatment of publisher or speaker

No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

(2) Civil liability

No provider or user of an interactive computer service shall be held liable on account of-

(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or

(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).

  1. License to User Content and Feedback

Only to the extent permitted by law, if you post content or submit material to Job Planet, including but not limited to photographs or material you submit for a job solicJTAtion hosted on Job Planet, you grant Job Planet a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for the purpose of publishing material on the Job Planet website or its publisher partners, maintaining the Job Planet website and promoting Job Planet without restriction. Furthermore, you grant to Job Planet, its affiliates, and sublicensees the license to use your name, user name, and/or trademarks and logos in connection with any such User Content or Job Planet marketing materials, or actions by Job Planet to promote or publicize such User Content (e.g. Job Listings) including the use of keywords in third-party internet search engines. Notwithstanding the foregoing, to the extent any Employer(s) submits photographs to Job Planet for association with a particular Job Listing, Job Planet shall not post such content anywhere other than the Employer(s)’s Job Listing.

You represent and warrant that: (i) you own the User Content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless Job Planet and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow Job Planet to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content. There may be a charge for answering and executing such a request; please contact Job Planet for more details.

At your discretion, you may provide feedback and related materials to Job Planet concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to Job Planet a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that Job Planet may disclose any or all Feedback to any third party in any manner, and you agree that Job Planet may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place Job Planet under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, Job Planet does not waive any rights to use similar or related ideas previously known to Job Planet, or developed by its employees, or obtained from sources other than you.

Finally, if you are a member of Job Planet Academy, your use of the Graduate logos is limited to your individual use only, and solely for purposes of indicating your Graduate status. Use of the Graduate logo to represent organizations or for commercial purposes is not permitted. Further, you agree and acknowledge that you will not make any representation that you are recruiting on behalf of Job Planet, working for Job Planet, or in any form of co-employment or contractor relationship with Job Planet. Additionally, nothing contained herein shall be construed to imply a joint venture, partnership, principal-agent relationship or employer-employee relationship between you and Job Planet, and neither Party shall have the right, power or authority to obligate or bind the other in any manner whatsoever, except as otherwise agreed to in writing. If you make any representation to the contrary, Job Planet may remove you from Job Planet Academy in its sole discretion.

  1. Site Rules

You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by Job Planet, unless you have been specifically allowed to do so in a separate, written agreement with Job Planet. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with Job Planet, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. You agree that you are solely responsible for (and that Job Planet has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which Job Planet may suffer) of any such breach.

You agree that you shall not transmit to Job Planet or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:

  • Generate or facilJTAte unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
    • sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;
    • imJTAting or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
    • data mining any Job Planet property;
    • sending messages to users who have asked not to be contacted;
    • selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and
    • using Job Planet Resume contacts in violation of Job Planet policy, as determined by Job Planet, including, for example, as indicated by low response rates from those persons contacted.
  • Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same. Job Planet may block the transmission of such content.
  • Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.
  • Conduct or forward pyramid schemes or similar programs.
  • Transmit content that may be harmful to minors.
  • Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.
  • Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission. Users who repeatedly post intellectual property owned by others will be banned from Job Planet.
  • Violate the legal rights (such as rights of privacy and publicity) of others.
  • Promote or encourage illegal activity.
  • Interfere with other Job Planet users’ enjoyment of the Site.
  • Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses.
  • Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any Job Planet account.
  • Modify, adapt, translate, or reverse engineer any portion of the Site.
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.
  • Reformat or frame any portion of the web pages that are part of the Site without Job Planet’s explicit written permission.
  • Contact other Job Planet users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics Job Planet considers detrimental to its users.
  • Create multiple Job Planet accounts without permission.
  • Create multiple Job Planet accounts not under your corporate or company name, in order to attempt to achieve higher visibility in the free-to-post system.
  • Bypass any limitations or suspensions of functionality.
  • Provide false information.
  • Scrape the Job Planet Resume database
  • Scrape or otherwise replicate any Job Planet content for competitive purposes

Job Planet reserves the right to use any User Content (including the content of messages or material sent through or to the Site or Job Planet) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. Job Planet reserves the right to use a variety of methods to detect and block the above anomalous activity and to screen User Content to prevent abuse such as spam or fraud. However, such detection methods are not perfect and false positives may occur. If you use the Site, you consent to Job Planet enforcing these rules or attempting to prevent spam or anomalous activity, which may result in a temporary or permanent suspension or termination of your account or use of certain functions of the Site, including but not limited to the email relay function, for some users, with or without notice, and Job Planet shall not be responsible or liable for any such suspension or termination, including any consequences thereof. Job Planet reserves the right to drop any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment for any or no reason. Job Planet further reserves the right to conduct investigations to determine whether you are perpetrating a scam, spamming Job Planet or its users, or otherwise conducting fraudulent activity on Job Planet by various means, including but not limited to investigating your functionality by setting up profiles and names that belong to Job Planet. Job Planet reserves the right to turn over any information gathered via such investigations to the police or other third party if Job Planet has a good faith belief that you are using the Site in violation of these terms.

  1. Registration; Contact Information

Some areas of the Site, including areas that may permit you to set up an Job Planet account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. Please note that any individuals with whom you have shared your username and password and who are able to answer verification questions about your Job Planet account may receive access to information regarding your Job Planet account. If you are an Employer, your account is for business use and not for personal use.  Job Planet is not responsible and disclaims all liability if your email is used improperly or falsely by a third party. By registering for an Job Planet account, you agree to receive mandatory email updates regarding anomalous activity to your Job Planet account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms.

In some instances, multiple users may be linked to the same account (“a Linked Account”). A Linked Account is created when the primary account owner(s) (“Admin(s)”) of an Employer account invites other users to the same account. Admin(s) may be given the option to give these other users certain levels of access and functionality (“Roles”) within the account, as described on the site. If you are an Admin adding a user to a Role or several Roles, you represent to Job Planet that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless Job Planet from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data and access to your account. You agree that Job Planet assumes no liability in regards to the accuracy of the statements above and that you are fully responsible for said accuracy. When using a Linked Account, any users with access to certain Roles may have access to any or all account information, including but not limited to: communications and actions of all other users and applicants within the Linked Account, resume contacts, and billing information, and you consent to such access.

We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs.

You agree that Job Planet may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your Job Planet account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to Job Planet or that Job Planet may otherwise obtain from third-party sources. By providing Job Planet with a mobile phone number, you expressly consent to receiving communication via such mobile number. When you give Job Planet a mobile number and consent to receiving communication, such communications are inherent to the services you have signed up for, and you may not revoke such consent without discontinuing use of Job Planet’s services.

  1. Disclaimer of Warranties

Job Planet disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the Job Planet search results (including Jobs Listings) or otherwise made available on the Site by Job Planet or third parties (including User Content), regardless of whether paid for or used for free. Job Planet disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by Job Planet for informational purposes only, including but not limited to, Job Planet Analytics data like estimated applies or organic traffic, and salary information. You acknowledge you are not paying Job Planet for the aforementioned information. Job Planet disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including User Content). Job Planet further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall Job Planet be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall Job Planet be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from Job Planet’s Site.

Job Planet further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by Job Planet as a result of technical problems or traffic congestion on the Internet or any third party website (including but not limited to Applicant Tracking Systems (ATSs)) or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services.  Under no circumstances will Job Planet be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.

THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, CAREER GUIDE, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. JOB PLANET AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. JOB PLANET AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. JOB PLANET AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY JOB PLANET.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.

  1. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL JOB PLANET OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF JOB PLANET OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF JOB PLANET AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID JOB PLANET TO USE THE SITE.

Without limiting the foregoing, under no circumstances shall Job Planet or its affiliates, or its or their third-party licensors, be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

  1. Claims of Infringement

U.S. Copyright Infringement. The DigJTAl Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Job Planet infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Job Planet to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Job Planet a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to Job Planet Copyright Notice, 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA (copyright @ Job Planet.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.

Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form.

  1. Governing Law and Dispute Resolution

If you are a Job Seeker: this Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Texas, United States of America, if you are located in the United States, or the laws of Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Travis County, Texas, U.S.A., if you are located in the United States, or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, U.S.A, if you are located in the United States of America, or Dublin, Ireland, if you are located elsewhere.

You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.

If you are an Employer: this Agreement and any Dispute arising out of or in connection with this Agreement will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Federative Republic of Brazil, if you are located in Brazil; the laws of the Republic of India, if you are located in India; the laws of the State of Texas, if you are located in the United States; the laws of the Republic of Singapore, if you are located in the Asia-Pacific Region*; the laws of England and Wales if you are supported primarily by Job Planet’s UK office; or the laws of the Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in: São Paulo, state of São Paulo, Brazil if you are located in Brazil; Bangalore, state of Karnataka, India if you are located in India; Travis County, Texas, U.S.A., if you are located in the United States; The Republic of Singapore, if you are located in the Asia-Pacific Region*; London, England, if you are supported primarily by Job Planet’s UK office; or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in: São Paulo, state of São Paulo, Brazil if you are located in Brazil; Bangalore, state of Karnataka, India if you are located in India; Travis County, Texas, U.S.A., if you are located in the United States; The Republic of Singapore, if you are located in the Asia-Pacific Region*; London, England, if you are supported primarily by Job Planet’s UK office; or Dublin, Ireland, if you are located elsewhere.

If you are neither a Job Seeker or Employer as defined in this Agreement and are not using the Site as intended by Job Planet, this Agreement will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Travis County, Texas, U.S.A.

  1. Class Action Waiver

By using the Site and in return for the services offered by Job Planet, you acknowledge that Job Planet can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you (either an Employer or Job Seeker) agree not to sue Job Planet as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Job Planet regarding your use of the Site. Additionally, as a Job Seeker, your use of the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to section 11 above.

  1. Filtering

We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Company does not endorse any of the products or services listed on such sites.

  1. Information or Complaints

If you have a question or complaint regarding the Site, please use our Job Planet Help Center. When you use the Job Planet Help Center, you are accessing a third party site Zendesk and consent to receiving cookies from Zendesk, as set forth in their cookie policy. Please note that communications within Zendesk will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

  1. Miscellaneous

This Agreement (including the Job Planet Ads Program Terms, Job Planet Resume Program Terms, Job Planet Prime Terms and Job Planet Targeted Ads Terms incorporated herein, if applicable to you) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. In the event of any irreconcilable conflict between this Agreement and the Job Planet Ads Program Terms, Job Planet Resume Program Terms, Job Planet Prime Terms and Job Planet Targeted Ads Terms (if applicable to you), the Job Planet Ads Program Terms, Job Planet Resume Program Terms, Job Planet Prime Terms and Job Planet Targeted Ads Terms will govern with respect to the Job Planet Ads Program, Job Planet Resume Program, Job Planet Prime and Job Planet Targeted Ads, respectively, and the Agreement will otherwise govern. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Job Planet. This Agreement, together with any amendments and any additional agreements you may enter into with Job Planet in connection with the Site, shall constitute the entire agreement between you and Job Planet concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and an Job Planet employee shall not constitute an amendment or alteration of this Agreement.

By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users. The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Job Planet’s proprietary rights in them.

You understand and acknowledge that Job Planet or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. Job Planet reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.

Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same Job Planet party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable Job Planet party identified in the first paragraph of this Agreement with respect to such new territory.

Any notices to Job Planet must be sent to the applicable Job Planet entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice (i.e., Job Planet Ads Program, Job Planet Resume Program, or Job Planet Publisher Program). Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your Job Planet Ads interface).

You may not assign or delegate any of your rights or obligations hereunder without Job Planet’s prior written consent and any such attempt is void. Job Planet may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, Job Planet may assign any agreement between you and Job Planet to any related Job Planet entity by informing you of such assignment. Job Planet and you are not legal partners or agents, but are independent contractors.

  1. Apple-Specific Terms

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any mobile application version of the Site compatible with the iOS operating system of Apple Inc. (“Apple”, and such mobile application, the “App”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Job Planet in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Job Planet’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

  1. The Job Planet Apps

By using any of the Job Planet Apps, including but not limited to the Job Planet Job Search, Job Planet Resume Search, Job Planet Employer, Job Planet Job Spotter or others, you agree that all of the terms and conditions found herein apply to your use of the Job Planet App.  Additionally, you agree that the Job Planet App may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications.  By downloading and using the Job Planet App, you are asking Job Planet to make formatting changes to any Job Listings as they appear on your phone, in order to enable you to utilize your Job Planet Resume.  You further acknowledge that your use of the Job Planet Apps may require use of your data plan from your cellular provider.  You are responsible for payment of all data usage accrued based on your use of the Job Planet App, and Job Planet disclaims all responsibility for such data usage. In addition, if you allow Job Planet Apps to utilize location services, the Job Planet Apps may suggest to you and collect from you certain information based on your geographic location.

  1. Use of Site by Minors

The Site is not directed to individuals under the age of fourteen (14), but if you are under the age of 18 or the age of majority in your jurisdiction, you must use Job Planet under the supervision of a parent or legal guardian, or responsible adult.

  1. Job Planet Resume/CV Program Terms

Last Updated: January 17, 2018

These Job Planet Resume Program Terms or Job Planet CV Program Terms (collectively, “IRP Terms”) form a part of, and are incorporated into, the Job Planet Terms of Service (the “Agreement”), and apply to any Employer that accesses or uses the Job Planet Resume Program, or that otherwise indicates its acceptance of these Job Planet Resume Program Terms.

Any capitilized terms that are used but not defined in these IRP Terms have the meaning set forth in the Agreement.

  1. The Program

Use of the Job Planet Resume Program (“Program”) by an individual who posts his or her resume on the Site (hereinafter, “Resume Owner”) or Employer on or through the Site is subject to all applicable Job Planet best-practice guidelines, policies and other terms and conditions made available to you, including through the Site, on the subscription purchase page, and on the FAQ page for the country you are purchasing a subscription for (which may be found here for users in the United States, here for English-speaking users in Canada, here for French-speaking users in Canada, and here for users in the United Kingdom), any or all of which may be modified at any time. You shall not use any information obtained from the Site except for internal use in selecting and contacting Resume Owners, through Job Planet, for purposes of filling your Job Listings. You are expressly forbidden from using any product or system intended to extract the information from a Resume, in order to circumvent the Resume contact system. Use of such system will result in your immediate termination from the Program. In addition, as a feature of the IRP, Job Planet may send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume.

IMPORTANT NOTICE : YOU EXPRESSLY AGREE THAT: in purchasing or obtaining access to the Program, you are paying Job Planet the amount indicated on the Site for the purpose of Job Planet facilJTAting your contact with a Resume Owner by sending a message to the email address that the relevant Resume Owner has provided to Job Planet. Job Planet does not guarantee that the email address is still in use, that such message will be received, that such message will be read, that such message will be acted upon by any potential Resume Owner, or that any Resume Owner’s resume is valid, accurate or complete in any respect. In addition, in accord with the Agreement, you expressly agree that Job Planet does not allow its Resume Contact service to be used in a spam like manner, which Job Planet defines as sending requests for job positions to persons who are, as indicated by Job Planet experience and Resume Owner behavior and reaction, unsuited for the role. Job Planet reserves the right to disable Job Planet Resume contact service for any user who, in Job Planet’s sole discretion, violates these IRP Terms, including the foregoing term. We reserve the right to drop any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment for any or no reason. The only acceptable use of the IRP is for you to contact a Resume Owner through Job Planet regarding a Job Listing or potential employment. No other uses of the IRP are permitted. Scraping the Job Planet Resume database or using the Job Planet Resume database for any other purpose except as allowed will result in legal action being taken against you. Additionally, if you are a competitor of Job Planet (including but not limited to any job aggregation website or any job posting websites) you may not use the Job Planet Resume database to contact a Resume Owner for the purpose of sending them a job offer from your clients, and any such competitive use of the Job Planet Resume database may result in Job Planet blocking you from the Site, blocking you from contacting Job Planet Resume Owners, and blocking your contact emails to those resume owners without notice and you consent to the same.

In the event phone numbers are provided by the Job Seeker in the resume, Job Planet does not guarantee their validity and can not confirm whether such numbers are landlines or cell phones. You agree to call Job Seekers regarding relevant job opportunities only. It is your sole responsibility to comply with all TCPA guidelines, including laws against automated telephone dialing systems.

  1. Cancellation

Once you have requested that Job Planet contact a Resume Owner, you may not revoke such request. Cancellation of your use of the IRP shall be in accordance with any cancellation policies listed on the Site.

  1. Your Information

You represent and warrant that all information you provide to Job Planet is correct and current. You represent to Job Planet that you are an Employer interested in considering the Resume Owner as a potential employee.

  1. Disclaimer and Limitation of Liability

JOB PLANET’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, JOB PLANET AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY EMAIL ADDRESS THAT HAS BEEN PROVIDED TO JOB PLANET IS VALID, THAT ANY EMAIL SENT BY JOB PLANET AT YOUR REQUEST WILL REACH THE INTENDED RECIPIENT, THAT ANY INTENDED RECIPIENT OF ANY SUCH EMAIL WILL READ SUCH EMAIL, OR THAT ANY SUCH INTENDED RECIPIENT WILL ACT UPON SUCH EMAIL. JOB PLANET AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE.

EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IRP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IRP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO JOB PLANET BY YOU FOR THE JOB PLANET RESUME SERVICE GIVING RISE TO THE CLAIM.

  1. Payment

You shall be charged if, and as, indicated by the Site. Please note, Job Planet is changing its pricing plan for the Program in early 2018. If you currently pay for the Program on a per contact basis, beginning in early 2018 you will need to purchase a resume subscription plan to continue contacting Resume Owners. Details regarding the resume subscription plan will be available on the Site at the time the resume subscription plan becomes available in your market. If your billing address is in the United States, you shall pay all charges in US Dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may be able to pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. This choice of currencies will be fully subject to Job Planet’s discretion. Charges are exclusive of taxes, including VAT. You will be charged all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Job Planet incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Job Planet products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODIC ALLOTMENTS UNDER THE APPLICABLE RESUME SUBSCRIPTION PLAN. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. Refunds (if any) are at the absolute discretion of Job Planet and only in the form of credit for Job Planet services. You acknowledge and agree that any credit card and related billing and payment information that you provide to Job Planet may be shared by Job Planet with companies who work on Job Planet’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Job Planet and servicing your account. Job Planet may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Job Planet shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Job Planet shall have no liability whatsoever therefore. Invoices may be provided to you via electronic mail, unless otherwise specified by Job Planet. If you purchase a subscription plan, you acknowledge and agree that Job Planet will charge you on a recurring basis until you cancel your subscription plan and such cancellation goes into effect, which may not be until the next billing cycle. The applicable billing cycle (e.g. monthly or annual, etc.) will depend upon the terms agreed upon.

  1. Indemnification

You shall indemnify, defend and hold harmless Job Planet, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any contact you have with the recipient (or intended recipient), any email you request to be sent pursuant to these IRP Terms, or any phone call or text message you make to a recipient.

  1. Job Planet Ads Program Terms

These Job Planet Ads Program Terms (“IAP Terms”) form a part of, and are incorporated into, the Job Planet Terms of Service (the “Agreement”), and apply to any Employer who accesses or uses the Job Planet Ads Program, or who otherwise indicates its acceptance of these Job Planet Ads Program Terms.

Any capitilized terms that are used but not defined in these IAP Terms have the meaning set forth in the Agreement.

  1. The Program

Use of the Job Planet Ads Program (“Program”) on or through the Site is subject to all applicable Job Planet terms and policies, including without limitation the Job Planet Privacy Policy (http://www.Job Planet.com/legal#privacy) and those instructions provided on the Website, if you are using the Ads Program, through our on-line forms. Job Planet policies may be modified at any time. With regards to any job advertisements posted on Job Planet, either for payment or posted for free and including jobs provided to Job Planet via an XML feed (“Job Listings” or “Job Ads”), you agree that you are solely responsible for all: (a) ad or job content (including Job Listings and screener questions) and target URLs (“Creative”), whether generated by or for you, including but not limited to photograph(s) you provide to Job Planet; and (b) websites proximately reachable from Creative URLs and your services and products (collectively “Your Services”). You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts. Job Ads may be placed on (y) any content or property provided by Job Planet (“Job Planet Property”), and (z) any other content or property provided by a third party (“Partner”) upon which Job Planet places Job Ads or provides search results of Job Listings (“Partner Property”). Distribution within Job Planet’s Partner Properties does not guarantee performance or placement of Job Ads, and distribution may vary depending on demand, industry, sponsorship, and other considerations. You shall direct only to Job Planet any communications regarding Job Ads on Partner Properties. By posting or sponsoring a Job Ad on Job Planet, including but not limited to by XML feed: you agree that Job Planet may and authorize Job Planet to reformat and host (but not change the content of) the Job Ad on an Job Planet hosted page or in its publisher network in any way Job Planet sees fit. All dashboards will reflect the total click count, including the clicks that open an Job Planet reformatted or hosted page. In the event you provide Job Planet with an End Date beyond which your Job Ad shall not run, thirty days before such End Date Job Planet may add a label (such as “Urgent”, “Urgently Hiring” or similar) next to the word “Sponsored” on the search results page where your Job Ad is displayed. Job Planet may use words or phrases interchangeably (for example, “Ad”, “Urgently Hiring”, “Sponsored”, “Urgent” or similar) to constitute an advertisement on Job Planet. Job Ads posted directly on Job Planet may no longer appear on the Site after a certain period of time; in some cases, these Job Ads may need to be sponsored in order to remain visible or become visible again. However, Job Ads indexed by Job Planet will expire after a certain period of time and Job Planet is unable to restore their visibility. If you are an Job Planet agency partner, you may be eligible to participate in an Job Planet partnership program. Agency partners in this program may attain the rank of “Gold”, “Silver”, or “Bronze” based on their Job Planet usage and engagement, measured by revenue. Job Planet’s determination of an agency’s rank is made at Job Planet’s full discretion and may be revoked at any time. Job Planet may offer certain Employers who sponsor Job Ads the opportunity to be displayed more prominently on the Site (“Featured Employer”). Featured Employer is awarded at Job Planet’s sole discretion. The ability to receive Featured Employer, generally, is a function of both the number of open jobs at your company and how much you spend. The Featured Employer program may be changed or removed by Job Planet at any time, at Job Planet’s sole discretion.

  1. Cancellation

Unless otherwise stated in an Insertion Order or other agreement to advertise with Job Planet, you may independently cancel online any advertisement at any time (such cancellation is generally effective within 24 hours). Job Planet may immediately cancel the Program or these IAP Terms at any time upon notice. Job Planet may modify the Program or these IAP Terms at any time without liability and your use of the Program after notice that these IAP Terms have changed indicates acceptance of the updated IAP Terms. Sections 1, 3, 4, 5 and 6 will survive any expiration or termination of these IAP Terms.

  1. Prohibited Uses

You shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions or clicks; or (b) advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your advertisement is displayed. You represent and warrant that (x) all your information is correct and current; (y) you hold and grant Job Planet and Partners all rights to copy, distribute and display Creative (“Use”); and (z) such Use and websites linked from your Jobs Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these IAP Terms or your account without notice, and may subject you to legal penalties and consequences. Job Planet or Partners may reject or remove any Job Ad, and Job Planet may disable any Employer’s account, for any or no reason without notice. For examples of why Job Planet may reject such Job Ads from Employers, refer to Job Planet’s Search Quality Policies. Job Planet may require certain Job Ads to be sponsored in order to verify the legitimacy of the Job Ad and/or the Employer, and to prevent abuse of the free to post system. This may include limiting the number of Job Ads you are allowed to post at a given time without sponsoring, in Job Planet’s sole discretion. This requirement may be made in Job Planet’s sole discretion. For example, we may require you to sponsor the following types of Job Ads: identical jobs posted in multiple locations, jobs posted with a confidential or generic company name, jobs that are commission only, and any other jobs as determined by Job Planet. Additionally, Job Planet may choose not to accept an employer’s XML feed or any Job Ads in an XML feed for any or no reason. If you are a job board, Job Planet reserves the right to include or reject any or all of your Job Ads. For examples of why Job Planet may stop accepting such Job Ads from job boards, refer to the Job Board Inclusion Guidelines. As a job board, you may only post Job Ads on the Site for your own company; you may not post Job Ads on the Site for your clients and if you do or attempt to do so, Job Planet reserves the right to disable your account. You acknowledge that inclusion of jobs in violation of these guidelines on the Job Planet Site may harm Job Planet and its users. When you create an Job Planet account, Job Planet may require that you verify your identity through a third party service called NetVerify. By using NetVerify, you are submitting your identification documents for verification directly to NetVerify, you are agreeing to share your identification with NetVerify, and you agree that NetVerify is solely responsible for any use or loss of data. Job Planet may have access to your identification documents via NetVerify.

  1. Disclaimer and Limitation of Liability

JOB PLANET’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, JOB PLANET AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. Job Planet and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: (i) costs per click, (ii) click through rates, (iii) delivery of any impressions on any Partner Property or Job Planet Property or sections of such properties, (iv) clicks, (v) conversions for any Creative, or (vi) interest in your Job Listing. The aforementioned disclaimers apply regardless of whether a Job Listing appears on desktop or mobile.  CLICKS ARE ANONYMOUS AND JOB PLANET HAS NO RESPONSIBILITY FOR CONFIRMING A USER’S IDENTITY. A CLICK ON YOUR JOB LISTING DOES NOT GUARANTEE INTEREST IN SUCH JOB LISTING. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IAP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IAP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO JOB PLANET BY YOU FOR THE JOB ADS GIVING RISE TO THE CLAIM.

  1. Payment

You shall be charged based on click count, regardless of whether you set a total budget. If you are located in the United States, you shall pay all charges in US dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may be able to pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. This choice of currencies will be fully subject to Job Planet’s discretion. Charges are exclusive of all taxes, including VAT. You will be charged all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Job Planet incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Job Planet products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Job Planet’s click measurements. Job Planet’s determination of click count shall be binding. Refunds (if any) are at the absolute discretion of Job Planet and only in the form of advertising credit for Job Planet Property. If you are removed from Job Planet, but have previously spent on Job Planet, you are not entitled to a refund of previously spent amounts. You acknowledge and agree that any credit card and related billing and payment information that you provide to Job Planet may be shared by Job Planet with companies who work on Job Planet’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Job Planet and servicing your account. Job Planet may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Job Planet shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Job Planet shall have no liability whatsoever therefor. Invoices may be provided to you via electronic mail. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Job Planet product, Job Planet reserves the right to suspend or terminate your use of that Job Planet product as well as any other Job Planet product, including but not limited to those Job Planet product where you do not have an unpaid invoice or account balance.

  1. Indemnification

You shall indemnify, defend and hold harmless Job Planet, its agents, affiliates, licensors, and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Creative, site or Your Services, or breach of these IAP Terms.

  1. Job Planet Publisher Program Terms

Last Updated: February 14, 2018

These Job Planet Publisher Program Terms (“IPP Terms”) apply to any Publisher that accesses or uses the Job Planet Publisher Program, or that otherwise indicates its acceptance of these IPP Terms.

These IPP Terms are between You and Job Planet, Inc., 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA, and set out the terms and conditions applicable to your participation in the Job Planet Publisher Program (the “Program”) and, along with Job Planet Terms of Service, use of or access to Job Planet’s online and/or mobile services and websites, and software provided by or on behalf of Job Planet on or in connection with such services or websites (collectively, the “Site”). Any references to “Job Planet” shall mean Job Planet, Inc. The Program, as generally offered by Job Planet, is described on https://www.Job Planet.com/publisher or such other URL as Job Planet may provide from time to time. “You” or “Publisher” means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by these IPP Terms.

These IPP Terms hereby incorporate by this reference any additional terms and conditions posted by Job Planet through the Site, or otherwise made available to you by Job Planet, including the Job Planet Terms of Service.

Job Planet shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the Program or any part thereof. Publishers are ineligible to participate if their web properties do not conform with the terms of the Job Planet Affiliate Acceptable Use Policy, located online at AAUP (the “AAUP”). In order to participate as a publisher in the Program, all participants must be at least eighteen years of age. Applicants represent and warrant that all information submitted to Job Planet shall be true, accurate and complete.

  1. Publisher Obligations

Any job search results, JobrollTM, Job Search Box, pay-per-click advertisements, links, insertion code, and any Job Planet logos or other elements supplied by Job Planet for use on Affiliates’ websites or websites co-branded by Job Planet and Affiliate (collectively, “Program Elements”) may only appear on URLs that Job Planet has reviewed and accepted for participation (“Accepted URLs”). However, please note that as of March 3, 2017, Job Search Box, links and insertion code will only be available to Publishers already a part of the IPP, and as of March 31, 2017, Job Search Box, links and insertion code will no longer be available through IPP. Publisher shall advise Job Planet of any changes in the type of content accessible at any such accepted URL. Publisher agrees to comply with the specifications provided by Job Planet from time to time to enable proper delivery, display, tracking and reporting of Program Elements.

Publisher shall label each displayed Program Element with the phrase “Jobs by Job Planet” at least 116 X 23 pixels in size, wherein the word “Jobs” shall be hyperlinked to http://www.Job Planet.com or other Job Planet website as agreed with Job Planet and the word “Job Planet” shall be the Job Planet Logo Image and shall also be hyperlinked to http://www.Job Planet.com or other Job Planet website as agreed by Job Planet. The Job Planet Logo Image can be found at: http://www.Job Planet.com/p/jobsearch.gif.

Publisher agrees to abide by all terms of the AAUP. Job Planet reserves the right in its sole discretion to suspend Publisher’s participation in the Program if it suspects any violations of the AAUP. Publisher hereby agrees to defend, indemnify and hold Job Planet harmless from and against any claims, demands, liabilities, expenses, losses, damages and attorney fees arising from or relating to a violation or purported violation by Publisher of the AAUP. The foregoing shall be in addition to, and not in lieu of, any other remedies that Job Planet may have as a result of a violation of the AAUP by Publisher. In addition, under no circumstances may Publisher impersonate or act as Job Planet on any site (which shall include bidding on Job Planet’s names or trademarks in any search engine marketing advertising platform), including, but not limited to, on third party sites.

Publisher hereby grants Job Planet permission to refer to Publisher and its websites in Job Planet’s marketing materials, wherever such marketing materials shall appear.

  1. Payments to Publisher

Publisher shall receive a commission payment with respect to valid clicks received (as determined solely by Job Planet and subject to any cap amounts determined solely by Job Planet) in relation to Program Elements displayed on Accepted URLs. YOU ACKNOWLEDGE AND AGREE THAT, IN EACH CASE, THE AMOUNT OF SUCH COMMISSION PAYMENT WILL BE DETERMINED SOLELY BY JOB PLANET, IN ITS SOLE DISCRETION, AND THAT SUCH COMMISSION AMOUNT MAY BE SUBJECT TO A CAP, ALSO TO BE DETERMINED BY JOB PLANET IN ITS SOLE DISCRETION AND SUBJECT TO CHANGE AT ANY TIME. You also acknowledge and agree that any billing and payment information that you provide to Job Planet may be shared by Job Planet with companies who work on Job Planet’s behalf, such as payment processors, solely for the purposes of effecting payment to You and servicing your account. Publisher shall not be compensated for any transactions generated by Publisher or any party acting on Publisher’s behalf. In addition, Job Planet shall not be obligated to pay for any artificial and/or fraudulent impressions or clicks as determined by Job Planet or if Publisher is in breach of these IPP Terms. In addition and not in limitation to the above, Publisher shall refund the share of that revenue paid to Publisher, if caused by artificial or fraudulent impressions. These IPP Terms may not be amended, except in writing, in a separate document specifically referencing these terms, and signed by representatives of both parties. Email exchanges shall not amend these IPP Terms. No dashboard or any other view of any click count shall be considered as contractually binding on Job Planet. All commission amounts may be subject to an overall commission cap, in Job Planet’s sole discretion, and subject to change at any time.

  1. Qualifying Links

As of March 3, 2017, the below portion of the IPP will no longer be available to any new Publisher. As of March 31, 2017, the below portion of the IPP will no longer be available to any Publisher, including existing Publishers who are part of the IPP.

[Publisher may earn a commission, as determined by Job Planet in its sole discretion, if Publisher refers a Qualified User (as defined below) to the Job Planet Website via a Qualifying Link (as defined below) and if such Qualified User has accessed the Job Planet Website and purchased a qualifying product or service (“Qualifying Purchase”) during a Session (as defined below). Not all services or products will be eligible as a Qualifying Purchase under the Program, and Qualifying Purchases are determined in Job Planet’s sole discretion. Job Planet is under no obligation to pay any particular amount for any referral and it is in Job Planet’s absolute discretion to determine for how long a period of time it shall pay this commission after the date the Qualified User initially arrives at Job Planet via a Qualifying Link from the Publisher’s Publisher Property (“Initial Contact’). No payments under this program shall be any indication of future payments under this program.

A “Qualifying Link” is a link directing a Qualified User from Publisher’s website or online property (“Publisher Property”) to Job Planet using a Program Element provided by Job Planet for use with the Program. A “Session” is the period of time beginning when a Qualified User initially arrives at Job Planet via a Qualifying Link from the Publisher’s Publisher Property (“Initial Contact”), and ending at Job Planet’s absolute discretion. For avoidance of doubt, Publisher acknowledges that a Session will not commence unless cookies are enabled on the Customer’s device or computer in a manner that enables Job Planet to fully attribute actions of Qualified User to Publisher’s Qualifying Link. A “Qualified User” is a user who has not previously registered with Job Planet, has not been previously “cookied” by Job Planet and has not previously visited the Job Planet Site, all as determined by Job Planet in its sole and absolute discretion.

The parties acknowledge and agree that Job Planet shall have the sole right and responsibility for processing all orders made by Qualified Users. Publisher acknowledges that all agreements relating to sales to Qualified Users shall be between Job Planet and the Qualified User.]

As of March 31, 2017, the following will be the only available method for participation in the IPP:

[Publisher may earn a commission, as determined by Job Planet in its sole discretion, if a user clicks on a Qualifying Link. A “Qualifying Link” is a link directing a user from the Publisher’s website or online property (“Publisher Property”) to a job using a Program Element provided by Job Planet for use with the Program, such as pay-per-click advertising, Jobroll™, or job search results.]

Publisher shall not be entitled to commissions and shall reverse any commissions already paid if Publisher is in breach of these IPP Terms or has engaged in any fraudulent activity, including, but not limited to, cookie stuffing, cloaking, or forcing pop-ups.The determination as to whether a sale is made via a Qualifying Link, and whether a commission is payable, will be made by Job Planet in its sole and absolute discretion and is final and binding on Publisher. Prices for the Qualifying Purchases will be set solely by Job Planet in its sole and absolute discretion.

  1. Terms of Payment

Job Planet shall pay Publisher within 30 days of the end of each calendar quarter; provided the amount owing to Publisher is at least one hundred US dollars ($100). If the amount owing to Publisher is less than $100, the balance will carry over to subsequent calendar quarters until such time that the quarter-end balance is at least one hundred US dollars ($100). Publisher is solely responsible for providing and maintaining accurate contact and payment information associated with Publisher Account. Job Planet may withhold any and all payment if Publisher is in breach of these IPP Terms and Job Planet shall have no further liability to Publisher.

  1. Termination

Either party may terminate these IPP Terms and participation in the Program at any time by sending a notice by email to support-at-Job Planet dot com or other email address specified by Job Planet in the case of Job Planet, and to the email address specified in Publisher’s profile in the Program in the case of Publisher.

Upon termination of a publisher from the Program, for any reason and by either party, Publisher shall immediately remove all insertion codes and other Program Elements from all pages of its websites.

  1. Confidentiality

Publisher shall not disclose Job Planet Confidential Information without Job Planet’s prior written consent. “Job Planet Confidential Information” includes without limitation: (a) all Job Planet software, technology, programming, specifications, materials, guidelines and documentation relating to the Program; (b) click-through rates or other performance statistics relating to the Program provided to Publisher by Job Planet; and (c) any other information designated in writing by Job Planet as “Confidential” or an equivalent designation.

  1. Disclaimer and Limitation of Liability

JOB PLANET’S PROVISION OF THE PROGRAM AND PROGRAM ELEMENTS (THE “SERVICE”) AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JOB PLANET AND ITS AFFILIATES, AND ITS AND THEIR LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER JOB PLANET NOR ITS AFFILIATES, OR ITS OR THEIR LICENSORS, MAKE ANY WARRANTY THAT (i) THE SERVICE OR SITE WILL MEET PUBLISHER’S REQUIREMENTS; (ii) THE SERVICE OR ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR SITE WILL BE ACCURATE OR RELIABLE; OR (iv) ANY ERRORS IN THE SERVICE OR SITE WILL BE CORRECTED.

NEITHER JOB PLANET NOR ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR OTHER DAMAGES INCURRED BY PUBLISHER FROM PARTICIPATION IN THE PROGRAM, WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. IN NO EVENT SHALL JOB PLANET’S AGGREGATE LIABILITY EXCEED THE AMOUNT OF FEES THEN DUE TO PUBLISHER AS DETERMINED PURSUANT TO THESE IPP TERMS.

  1. Miscellaneous

These IPP Terms (including the Job Planet Terms of Service incorporated herein) constitute the entire agreement between the parties with respect to the Job Planet Publisher Program and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these IPP Terms will be effective only if in writing and signed by Job Planet. These IPP Terms, together with any amendments thereto and any additional agreements you may enter into with Job Planet in connection with the Site, shall constitute the entire agreement between you and Job Planet concerning the Site. In the event of any irreconcilable conflict between these IPP Terms and the Job Planet Terms of Service, these IPP Terms will govern with respect to the Job Planet Publisher Program, and the Job Planet Terms of Service will otherwise govern. If any provision of these IPP Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these IPP Terms, which shall remain in full force and effect. These IPP Terms may not be amended, except in writing, in a separate document specifically referencing these terms, and signed by representatives of both parties. Email exchanges shall not amend these IPP Terms.

Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by these IPP Terms with the same Job Planet party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by these IPP Terms with the applicable Job Planet party identified in the first paragraph of these IPP Terms with respect to such new territory.

Any notices to Job Planet must be sent to Job Planet, Inc. via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice (i.e., Job Planet Resume Program, Job Planet Ads Program, or Job Planet Publisher Program). Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your Job Planet Ads interface).

You may not assign or delegate any of your rights or obligations hereunder without Job Planet’s prior written consent and any such attempt is void. Job Planet may freely assign or delegate its rights and obligations hereunder without notice to you. Job Planet and you are not legal partners or agents, but are independent contractors.

These IPP Terms and any dispute arising out of or in connection with these IPP Terms (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of these IPP Terms, by and under the laws of the State of Texas, United States of America, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in the federal or state courts located in Travis County, Texas, U.S.A. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, U.S.A.

  1. Job Planet Assessments Terms

Last Updated: May 8, 2018

These Job Planet Assessments Terms (“IA Terms”) form a part of, and are incorporated into, the Job Planet Terms of Service (the “Agreement”). By using Job Planet Assessments in any way, or by registering as a Candidate or an Employer on Job Planet Assessments, you agree to these Job Planet Assessments Terms and the Job Planet Terms of Service. Any capitilized terms that are used but not defined in these IA Terms have the meaning set forth in the Agreement. The term “You” refers to the Candidate or the Employer in accordance with the context of the sentence.

  1. Introduction

Job Planet Assessments is an online tool for the provision and review of certain skills assessments selected by Employers (“Assessments”) and responses from Candidates (“Responses”) through the Site.

  1. Assessments

Candidates:

In order to use Job Planet Assessments as a Candidate you must create an Job Planet Assessments account or log in using your preexisting Job Planet Assessments account. Account information you submit through the Site is subject to the Job Planet Terms of Service and to Job Planet’s Privacy Policy. Employers may use the Job Planet Assessments tool to send you Assessments, to which you may provide Responses. An Assessment only evaluates a particular skill. It does not evaluate a Candidate’s qualification for any job. Whether a particular skill is relevant to a job, or whether a Candidate is qualified or appropriate for a job, is decided solely by the Employer sending the Assessment.

You acknowledge and understand that Job Planet does not choose the Assessments sent by Employers and has no control over Employers’ selection or use of Assessments. You agree that the questions in any Assessment are solely being asked by the Employer sending the Assessment and are not being asked by Job Planet. You further agree that Job Planet is not responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent state act, and that the responsibility for offering any such alternative method lies solely with Employers. If you require an accommodation, or any alternative method(s) of Assessment, screening or application, you must request it directly from the Employer. Job Planet does not warrant that the method of delivery of any Assessment question would be compliant with the Americans with Disabilities Act or any equivalent state act.

Receiving or responding to an Assessment does not guarantee a job or job offer, or a job offer at any particular salary, or any further communication or action by any Employer.

Employers:

You agree that any Assessment sent by Job Planet to a Candidate is done so at your sole request, and you represent and warrant that you have that Candidate’s consent for Job Planet to contact that Candidate for the purpose of transmitting the Assessment(s) you have selected. You also acknowledge that once you have requested that Job Planet transmit your Assessment to a Candidate, that request cannot be canceled. Job Planet does not guarantee that any Candidate will receive, access, read or respond to any Assessment, or that there will be no mistakes in the transmission of the data. However, Job Planet may alert you when any of the above events occur.

You agree you have made the determination to use Job Planet Assessments as part of your application process, and that the types of questions asked in any Assessment or bundle of Assessments you send to a Candidate are solely being asked by you and are not being asked by Job Planet. You are solely responsible for your use of Job Planet Assessments, including without limitation any results which are considered to have a “disparate impact.” You further agree that you are solely responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent state act. Job Planet does not warrant that the method of delivery of any Assessment question would be compliant with the Americans with Disabilities Act or any equivalent state act.

You agree that an Assessment only evaluates a particular skill. It does not evaluate a Candidate’s qualification for any job. Whether a particular skill is relevant to a job, or whether a Candidate is qualified or appropriate for a job, is decided solely by you. You are the sole party to determine which Assessment to send to any Candidate. Job Planet reserves the right to change any Assessment or the questions asked within an Assessment at any time, for any or no reason, including but not limited to quality control.

Sending an Assessment to a Candidate does not guarantee a Response or any further communication or action by any Candidate. You consent to your Assessment and any other communications sent through Job Planet Assessments being processed and analyzed by Job Planet according to this Agreement and Job Planet’s Privacy Policy.

  1. Responses

A Candidate may, but is not required to, provide a Response to an Assessment sent by an Employer. After a Candidate has provided a Response, the Employer will be able to use the Job Planet Assessments platform to review the Response. If there are multiple versions of the same Assessment, the Response percentile for any Candidate will be determined only in relation to other Responses to the same version of that Assessment.

As a Candidate, you consent to your Responses, applications, and any other communications sent through Job Planet Assessments being processed and analyzed by Job Planet according to this Agreement and Job Planet’s Privacy Policy.

As a Candidate, you are requesting and authorizing Job Planet to make your Response available to the Employer providing the Assessment. You understand that this is without warranty, and that Job Planet reserves the right to display or reformat Responses in a manner to permit Employers to review your Response together with Responses from other Candidates. You also acknowledge that once you have requested that Job Planet transmit your Response to an Employer, that request cannot be canceled. Job Planet does not guarantee that any Employer will receive, access, read or respond to any Response, or that there will be no mistakes in the transmission of the data. However, Job Planet may alert you when any of the above events occur.

The Employer sending the Assessment is the sole party to determine whether a Response indicates a qualified candidate. Employers may have instructed Job Planet to send out rejection notices if you have have not responded to Assessments in a manner acceptable to the Employer, and you acknowledge that Job Planet has no discretion in the transmission of these rejections. The Employer is the sole party to determine whether to give you the opportunity to retake any Assessment or update or modify your Response.

  1. Rules For Using Job Planet Assessments

Whether you are a Candidate or Employer, you represent and warrant that you shall not access or use Job Planet Assessments for any directly or indirectly illegal, discriminatory, or fraudulent purpose. You shall not create or send any Assessment or Response which is directly or indirectly illegal, discriminatory, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You shall not create or send any Assessment or Response containing proprietary information, trade secrets, confidential information, advertisements, solicJTAtions, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing).

Employers may not create or send any Assessment which seeks highly confidential personal information from Candidates, such as bank account or credit card information, online account information, social security numbers (or similar counterparts outside the United States of America), health information, or other categories of data subject to special breach notification requirements in any country. Candidates may not create or send any Response which contains any such highly confidential personal information.

Whether you are a Candidate or Employer, you understand and agree that Job Planet does not have any obligation to screen any Assessment or Response, or to include any Assessment or Response in the Site, and may exclude or remove any Assessment or Response from the Site for any or no reason without liability or notice.

  1. Job Planet’s Role

Job Planet does not act as an employment agency by offering the Job Planet Assessments tool. By using Job Planet Assessments, you acknowledge and agree that Job Planet is not procuring employees for Employers or procuring opportunities to work for Candidates. Job Planet merely provides a tool enabling Employers and Candidates to exchange Assessments and Responses as they determine. The sole responsibility for the content of any Assessment or Response, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of Job Planet Assessments, is solely with Employers or Candidates as applicable.

Job Planet cannot confirm the information submitted by any Employer, Candidate, or other user, including the identity of any user. Job Planet does not inquire into the backgrounds of Candidates or Employers or attempt to verify the statements of Candidates or Employers. You are responsible for conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a Candidate or accepting an offer of employment from an Employer. You are responsible for complying with all laws and regulations relating to the intended employment of any Candidate. If you are a Candidate, you agree that any rights you have under any applicable employment, equality or discrimination laws, the US Fair Credit Reporting Act, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries, may only be asserted against the Employer. Further, for any skill area in which formal licenses or certifications may exist, Assessments do not act as a substitute for such license or certification and do not speak to whether a Candidate is qualified for or has such a license or certification. It is the Employer’s sole responsibility to determine what licenses or certifications are required for their job and whether a Candidate has such license or certification. Job Planet also makes no statement as to whether a particular skill is necessary for a job and it is an Employer’s sole responsibility to make such determination (or seek appropriate legal counsel to do so), in accordance with the EEOC or other applicable laws.

Job Planet is not a third party to or liable for any agreements between an Employer and Candidate, regardless of whether or not Job Planet receives a fee from the Employer in connection with the transaction. Job Planet will not be liable for any costs or damages arising out of or related to such transaction.

Job Planet assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of the Site, the Job Planet Assessments tool, and any Assessment or Response.

  1. Fees

Job Planet Assessments is free for Candidates.

Job Planet Assessments is currently free for Employers. Job Planet may, in its sole discretion and at any time, end Employers’ free use of Job Planet Assessments and begin to charge Employers to use Job Planet Assessments as a standalone product or in conjunction with an Employer’s use of any other Job Planet product.

  1. Confidentiality

Candidates:

You agree and acknowledge that the usefulness and value of Assessments and Responses depend on their contents being kept confidential. You therefore agree to keep the content of Assessments and Responses confidential and to not reproduce or discuss them with anyone, except that you may communicate with an Employer about an Assessment they have sent to you and your Response.

Employers:

You agree to keep all information gained from using Job Planet Assessments confidential. You agree that (1) you will use any content submitted by Candidates only in accordance with applicable privacy and data protection laws; (2) you will not disclose the names or identities or share the profile of any Candidates outside of your recruiting or hiring department; and (3) you will take appropriate physical, technical and administrative measures to protect content you obtain through use of Job Planet Assessments from loss, misuse, unauthorized access, disclosure, alteration or destruction.

  1. Disclaimer and Limitation of Liability

JOB PLANET ASSESSMENTS AND ALL MATERIALS, INFORMATION, ASSESSMENTS, RESPONSES, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH JOB PLANET ASSESSMENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED.  JOB PLANET EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY ASSESSMENT OR RESPONSE THAT HAS BEEN PROVIDED TO JOB PLANET IS VALID OR ACCURATE, THAT ANY COMMUNICATION (INCLUDING WITHOUT LIMITATION ASSESSMENTS AND RESPONSES) WILL REACH THE INTENDED RECIPIENT, THAT THE INTENDED RECIPIENT OF THE COMMUNICATION SENT AT YOUR REQUEST WILL READ IT, OR THAT THE INTENDED RECIPIENT OF YOUR COMMUNICATION WILL ACT UPON IT. JOB PLANET EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. JOB PLANET DISCLAIMS ANY WARRANTY THAT JOB PLANET ASSESSMENTS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED.

EXCEPT FOR YOUR BREACH OF SECTION 7 (CONFIDENTIALITY) OR INDEMNIFICATION AMOUNTS PAYABLE HEREUNDER, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO JOB PLANET BY YOU.

  1. Indemnification

You agree to defend, indemnify and hold harmless Job Planet from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your violation of any term of this Agreement; (b) your use of, and access to, Job Planet Assessments or the Site; (c) your loss of, or disclosure of, information gained from using Job Planet Assessments or the Site; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; or (g) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Candidate. You also agree that you have a duty to defend Job Planet against such claims. You agree that this indemnity extends to requiring you to pay for Job Planet’s reasonable attorneys’ fees, court costs, settlements and disbursements. This defense and indemnification obligation will survive this Agreement and your use of Job Planet Assessments.

  1. Termination

Job Planet may suspend Job Planet Assessments, the Site, your account, or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying Job Planet at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  1. Job Planet Prime Terms

Last Updated: April 6, 2018

These Job Planet Prime Terms (“IP Terms”) form a part of, and are incorporated into, the Job Planet Terms of Service (the “Agreement”). By using Job Planet Prime in any way, or by registering as a Candidate or an Employer on Job Planet Prime, you agree to these Job Planet Prime Terms and the Job Planet Terms of Service.

Any capitilized terms that are used but not defined in these IP Terms have the meaning set forth in the Agreement. The term “You” refers to the Candidate, the Employer or the Referrer, as per the context of the sentence.

  1. Introduction

Job Planet Prime is an online tool that allows Job Planet Prime Employers (“Employers”) to connect with Candidate Job Seekers (“Candidates”). The term “Candidate” will refer to users of Job Planet Prime who are seeking employment opportunities through Job Planet Prime. The term “Employer” will refer to a company that is interested in hiring the Candidates through the Job Planet Prime online tool.

Users who wish to participate in Job Planet Prime apply to Job Planet to enter an Job Planet Prime Talent List of Candidates (“List”). Not all users who apply to Job Planet Prime will be accepted into the program as a Candidate. However, all users who apply to Job Planet Prime but are not accepted into the program will remain within the Job Planet Prime database. If Job Planet chooses a Candidate to participate in Job Planet Prime, they are placed into the List and they will remain in the List for such a time as determined by Job Planet, as per Job Planet rules, as set forth below. Employers who are using the Job Planet Prime tool are shown those relevant Candidates in the List. Employers may choose to interview Candidates from the List and conduct a hiring process with such Candidate if they wish. There is a charge for use of this tool to the Employers, as set forth below. There is no charge to Candidates who are chosen from the List.

  1. Applying to Job Planet Prime

Candidate:

In order to use Job Planet Prime as a Candidate you must create an Job Planet account or login using your preexisting Job Planet account, create a profile and apply. When applying to Job Planet Prime, we may require you to provide us with certain information including, but not limited to, your name, email address, phone number, skill set, salary requirements and geographic location. At this stage, you will have the opportunity to block your profile from certain Employers. We will use the information that you provide us during the application process to determine whether you will be accepted into Job Planet Prime. We may use a third party vendor to help us review your application. We reserve the right, in our sole discretion, to accept or reject your application to use Job Planet Prime. If you are accepted into Job Planet Prime, we will notify you via email. Once you have been accepted, a member of the Job Planet Prime Talent Team (“Talent Consultant”) may reach out to via the email address or phone number you provided, and work with you to finalize your Candidate profile. The Talent Consultant may continue to work with you throughout your time on Job Planet Prime. If you are not accepted into Job Planet Prime, you will also be notified via email and your profile will remain within the Job Planet Prime database as a private, non-searchable profile (“Private Prime Profile”). Please note that Private Prime Profiles may be sent to Employers that Job Planet Prime believes may be interested in you.

Employer:

In order to use Job Planet Prime as an Employer you must also apply. Applying to be an Employer is free. When applying we may ask you for additional information related to your company, including but not limited to, your name, email address, company URL, phone number and geographic location. We will review the information that you provided to us during the application process to determine whether you will be accepted into Job Planet Prime. We reserve the right, in our sole discretion, to accept or reject your application to Job Planet Prime. If your application is accepted, you will be notified via email and allowed to use the Job Planet Prime online tool so as to engage with, and reach out to Candidates that are available in the Job Planet Prime List.

  1. Talent List

Candidates:

After a Candidate has applied and been accepted to Job Planet Prime, he or she will be placed into the List to be viewed by Employers using the Job Planet Prime tool. Employers will then have the opportunity to engage with Candidates in the List. Candidates may receive emails from Employers informing them of their interest in the Candidate, and providing them details about the job solicJTAtion. Job Planet has no input into the Employer’s selection process. A Candidate may, but is not required to, respond to any Employer that has contacted him or her. All requests for interviews by Employers through Job Planet Prime do not guarantee a final job or job offer, or a job offer at any particular salary.

A new Candidate may be highlighted as “new” in the Talent List. At the conclusion of a certain number of weeks Job Planet may remove any candidate on the List, at any time, for any reason, at its sole discretion and, in such case, the Candidate may reapply through its Talent Consultant for consideration to be reentered into the List. The reapplication process is at Job Planet’s sole discretion, and not all re-applications will be granted.

Employers:

After an Employer’s application has been accepted by Job Planet Prime, the Employer will be able to utilize the Job Planet Prime tool in order to browse the Candidates in the List, communicate with these Candidates, and submit interview requests to Candidates. Once an Employer has discovered a Candidate on Job Planet Prime, the Employer may make the contact with the Candidate through the Job Planet Prime tool. No contractual obligations are created for either the Candidate or the Employer through the use of Job Planet Prime. The Candidate is not obligated to accept any offer provided to a Candidate from an Employer that contacts them through Job Planet Prime. Additionally, offers or interview requests submitted by an Employer to a Candidate through Job Planet Prime are not binding on the Employer. Employer agrees that Job Planet is entitled to publish the details of all non-binding offers made and the identity of those parties that have made such offers, unless the Employer has elected to remain anonymous.

If an Employer is on the Pay-Per-Hire pricing model, the Employer agrees not to attempt to circumvent Job Planet Prime by independently attempting to make the first contact with Candidate through alternative means after discovering the Candidate on Job Planet Prime.  Further, if the Employer can establish that it was in Negotiation with regards to hiring with the Candidate prior to utilizing the Prime tool, the Employer may be exempted from paying the Fee at the sole discretion of Job Planet. “Negotiation” shall mean at least one direct email sent out by both parties, Candidate and Employer, specifically to the other and not sent as part of a mass emailing, for the purpose of recruiting or hiring, within the three (3) months prior to the Employer using the Prime tool, and where no final decision to hire or reject a Candidate or to accept or reject the Employer has been made. In the event an Employer is on the Pay-Per-Hire pricing model and circumvents the Job Planet Prime process after discovering a candidate on Job Planet Prime, or does not report a hire made through Job Planet Prime, and thereafter hires that candidate within six (6) months of the date on which the Employer first viewed the candidate on Job Planet Prime, Job Planet Prime shall be entitled to 25% of a Candidate’s annual or term salary (if the term of hire is for less than one year) and all costs of collection of such amount, including any legal fees.

Job Planet’s Role:

Job Planet does not act as an employment agent by providing the Job Planet Prime product. Job Planet merely provides a tool enabling Candidates and Employers to connect with each other. Candidates and Employers are solely responsible for the information provided in any resume or profile, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of Job Planet Prime.

You understand that Job Planet Prime does not inquire into the backgrounds of its Candidates or Employers or attempt to verify the statements of its Candidates or Employers, and that you are responsible for (1) conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a Candidate or accepting an offer of employment from an Employer, and (2) complying with all laws and regulations relating to the intended employment of any Candidate. If you are a Candidate, you agree that any rights you have under any applicable employment, equality or discrimination laws, the US Fair Credit Reporting Act, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries may only be asserted against the Employer.

Job Planet is not a third party to or liable for any agreements between an Employer and Candidate, regardless of whether or not Job Planet receives a fee from the Employer in connection with the transaction. Job Planet will not be liable for any costs or damages arising out of or related to such transaction.

  1. Fees and Refunds

Candidates:

Job Planet Prime is free for Candidates.

Employers:

Job Planet Prime will use a subscription model (“Subscription Model”) with its Employers, as of January 1, 2020. The Subscription model offers three pricing plans (Basic, Essential and Enterprise) offering varying features. The determination of which pricing plan an Employer falls into within the Subscription Model is made at Job Planet’s sole discretion. Even if you start in one Subscription Model pricing plan, Job Planet may determine in its sole discretion that you are only eligible for the other Subscription Model pricing plan.

Subscription Model:

  1. Under the Subscription Model, Employers agree to pay upfront an initial subscription fee for a period of time specified in any Job Planet insertion order or online pricing page (each subscription period to be referred to as a “Term”), if applicable. Taxes will be charged as applicable.
  2. Unlimited hires may be made during any Term for the fee indicated on the Job Planet insertion order or the price indicated on the Job Planet Prime online pricing page.
  3. All plans under the Subscription Model shall automatically renew for additional Terms. If you wish to cancel your Subscription, you must do so no later than 15 days prior to the end of any Term. No refunds will be given for payment made during any Term.
  4. Under the Subscription Model, payment is due upon receipt of an insertion order or confirmation email, confirming your purchase, unless agreed upon otherwise with your Prime Client Executive or Client Consultant.

Pay-Per-Hire Model:

This model only applies to Employers who signed up for this payment model prior to January 1, 2017. However, even if you are currently under this payment model, Job Planet reserves the right, in its sole discretion, to no longer offer this payment model.

  1. Under the Pay-Per-Hire Model, Employers agree to pay a fixed percentage of annual base salary or other salary periods agreed upon, for any hire made through Job Planet Prime.
  2. Refunds will be made to an Employer, if they have chosen to pay a percentage of the annual salary and a hire made through Job Planet Prime leaves their job within the first 90 days of employment and does not become an independent contractor of the Employer. In order to be eligible to receive a refund, an Employer must inform Job Planet within 5 business days of the hire leaving the company and shall provide sufficient evidence of such employee exit.
  3. Job Planet may request a non-refundable deposit, which will be applied towards the cost of first hire if made. If no hires are made, the deposit is not returned.
  4. Job Planet may consider pre-paid volume discounts.
  5. Under the Pay-Per-Hire Model, payment is due upon receipt of an invoice from Job Planet, Inc. or Job Planet Ireland Operations Ltd., unless agreed upon otherwise with your Prime Client Executive or Client Consultant.
  6. The pay-per-hire model can be canceled at any time. Hires initiated before cancellation are subject to the invoicing and payment stated above.

If you wish to use the Job Planet Prime tool, you must have an agreement with Job Planet, Inc. or Job Planet Ireland Operations Ltd. to do so under one of the pricing models listed above, and have accepted Job Planet’s online Terms of Service. Taxes will be charged as applicable. The Obligation to pay Fees shall survive termination or expiration of this Agreement.

  1. Referrals
  2.  Job Planet will offer “Candidate Referral Rewards” in the form of a R200  gift card to Candidate Referrers who refer a Candidate that has been selected by Job Planet Prime, has been hired through Job Planet Prime, and has worked at the Employer for at least ninety days. In addition, the following limitations apply:
  3. To qualify, the Candidate referred by the Candidate Referrer must have graduated from their last school or university at least one year prior to the referral.
  4. There is a limit of 5 rewards per calendar year to any one Candidate Referrer.
  5. You must be tax resident of South Africa.
  6. All payments to any Candidate Referrer, excluding Job Planet employees, are gross amounts and the Candidate Referrer will be responsible for paying all applicable taxes on the reward.
  7. Job Planet Employees only: The Candidate Referral Reward to be paid to any Job Planet employee will be included in the employee’s paycheck in the period following the determination that the referred candidate meets the qualification for reward. The amount paid will be included in the employee W-2 form at the end of the year. The reward will be paid net of tax. Employees must contact their tax advisors to determine the proper treatment at the time of filing their personal income tax returns.
  8. This program may be cancelled at any time without notice; all referrals made prior to program cancellation will be paid in the event the above conditions are satisfied.
  9. Job Planet has the right to refuse any referred candidate participation in the Job Planet Prime program for any reason.
  10. No reward will be paid for any referred candidate who is already a member of Job Planet Prime when the referral was received.
  11. You represent to Prime that there is no contractual barrier to receiving a Candidate Referral Reward.
  12.   Job Planet will also offer “Employer Referral Rewards” in the form of a R500 to individuals who refer recruiters or hiring managers at other companies (the “Employer Referrer”) who subsequently join Job Planet Prime and those recruiters or hiring managers contact at least one Candidate with the Job Planet Prime tool (“Referred Employer”). The currency and amount paid in the gift card with respect to all Employer Referral Rewards will depend on the tax residence of the Employer Referrer. In addition, the following limitations apply:
  13. Job Planet has the right to refuse any Referred Employer participation in the Job Planet Prime program for any reason.
  14. No award will be paid for any Referred Employer who is already a member of Job Planet Prime or was a member of Job Planet Prime in the 12 months previous to when the referral was received.
  15. There is a limit of 5 rewards per calendar year to any one Employer Referrer.
  16. You must be a tax resident of South Africa.
  17. If you are tax resident in the U.S., in order to receive the Employer Referral Reward, you must provide Job Planet with a valid and completed W-9 document and ACH form. If you have not provided Job Planet with a valid and completed W-9 and ACH form, you will receive no Employer Referral Reward. If you are a tax resident in the U.K., Canada or Ireland, in order to receive the Employer Referral Reward, you must provide Job Planet with your valid banking details upon request. If you are tax resident in the U.K., Canada or Ireland resident and you make a referral for the U.S., in order to receive the Employer Referral Reward, you must provide Job Planet with a valid and completed W-8 document and your valid banking details upon request.
  18. All payments to any Employer Referrer are gross amounts and the Employer Referrer will be responsible for paying all applicable taxes on the reward.
  19. This program may be cancelled at any time without notice; all referrals made prior to program cancellation will be paid in the event the above conditions are satisfied.
  20. Job Planet has the right to refuse any Referred Employer participation in the Job Planet Prime program for any reason.
  21. No reward will be paid for any Referred Employer who is already a member of Job Planet Prime when the referral was received.
  22. You represent to Prime that there is no contractual barrier to receiving an Employer Referral Reward.
  23. Job Planet employees cannot refer or be referred and receive an Employer Referral Reward.
  24. Confidentiality

You agree to keep all information gained from using Job Planet Prime confidential. You agree that (1) you will use any content submitted by Candidates in accordance with applicable privacy and data protection laws; (2) you will not disclose the names or identities or share the profile of any Candidates in any List outside of your recruiting or hiring department; AND (3) you will take appropriate physical, technical and administrative measures to protect content you obtain through use of Job Planet Prime from loss, misuse, unauthorized access, disclosure, alteration or destruction. You also agree not to post, publicly disclose or disseminate any job offers which you become aware of through Job Planet Prime.

You agree that by using Job Planet Prime, Job Planet may call you at the phone number provided to Job Planet, including cell phone numbers. You further agree that Job Planet provides email proxy and relay tools to the users of Job Planet Prime and that Job Planet may monitor, review, store and analyze your content (including your profile, applications, communications and responses) to provide you with personally relevant product features, prevent fraud, reduce unwanted mail, and provide quality control.

If you decide to take the HackerRank challenge or any other external testing, such results will only be maintained and used internally by Job Planet and will never be passed to a third party.

Employer agrees that Job Planet is entitled to publish the details of all non-binding offers made and the identity of those parties that have made such offers, unless the Employer has elected to remain anonymous.

  1. Disclaimer and Limitation of Liability

JOB PLANET EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE CANDIDATE PROFILE INFORMATION THAT HAS BEEN PROVIDED TO JOB PLANET IS VALID, THAT THE COMMUNICATION SENT BY AN EMPLOYER WILL REACH THE INTENDED RECIPIENT, THAT THE INTENDED RECIPIENT OF THE COMMUNICATION SENT AT YOUR REQUEST WILL READ THE EMAIL, OR THAT THE INTENDED RECIPIENT OF YOUR REQUEST WILL ACT UPON SUCH REQUEST. JOB PLANET EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE.

EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO JOB PLANET BY YOU FOR THE JOB PLANET TOOL GIVING RISE TO THE CLAIM.

  1. Indemnification

You agree to defend, indemnify and hold harmless Job Planet from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your violation of any term of this Agreement; (b) your use of, and access to, Job Planet Prime; (c) your loss of, or disclosure of, information gained from using Job Planet Prime; (d) your violation of any applicable laws during the hiring process, including but not limited to the US Fair Credit Reporting Act and any applicable data protection laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (f) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of Job Planet Prime. You also agree that you have a duty to defend us against such claims. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, settlements and disbursements.

  1. Termination

We may suspend Job Planet Prime, your account or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying Job Planet Prime at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, success fee provisions, warranty disclaimers, indemnity and limitations of liability.

  1. Job Planet Targeted Ads Terms

Last Updated: January 18, 2017

These Job Planet Targeted Ads Terms (“JTA Terms”) form a part of, and are incorporated into, the Job Planet Terms of Service (the “Agreement”), and apply to any Employer who accesses or uses the Job Planet Targeted Ads program, or who otherwise indicates its acceptance of these JTA Terms.  These JTA Terms apply to both of Job Planet’s Targeted Ads Services: 1) Job Planet Targeted Ads: Brand (“JTA Brand”) and 2) Job Planet Targeted Ads: Apply (“JTA Apply”).

Any capitilized terms that are used but not defined in these JTA Terms have the meaning set forth in the Agreement.

  1. The Program

Use of Job Planet Targeted Ads (“JTA”) on or through the Site is subject to all applicable Job Planet terms and policies, including without limitation the Job Planet Privacy Policy (http://www.Job Planet.co.za/privacy-policy/) and those instructions provided on the Site, and, if you are using JTA, through our online forms. Job Planet policies may be modified at any time. With regards to any job advertisements posted on Job Planet through JTA, (“Targeted Ads”), you agree that you are solely responsible for all: (a) ad or job content and target URLs (“Creative”), whether generated by or for you; and (b) websites proximately reachable from Creative URLs and your services and products (collectively “Your Services”). You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts. Targeted Ads may be placed on any content or property provided by Job Planet (“Job Planet Property”). By posting a Targeted Ad on Job Planet, you authorize Job Planet to reformat the Job Ad to be effectively displayed on a mobile device.

JTA Apply: In order to participate in JTA Apply, you must either use Job Planet Apply to receive applications or add Job Planet’s conversion tracker snippet to your post-apply page (the “Post-Apply Page”). The Post-Apply Page on which you add Job Planet’s conversion tracker snippet shall be determined by mutual agreement between you and Job Planet. However, please note that if you unilaterally place the conversion tracker snippet on a page other than the mutually agreed upon page, in violation of this agreement, Job Planet will still count this page as the Post-Apply-Page, charge you for any Applies (as defined below) on this page, and may require you to correct the placement. Any removal of the tracker snippet will disqualify you from the program and will entitle to Job Planet to any resulting damages.  It shall be your responsibility to inform your job applicants that such tracker snippet is in place. The conversion tracker will attribute an application to Job Planet any time the job seeker started their search on Job Planet, despite any intervening activity. Additionally, if you receive the JTA Apply services, you may be given the option to include certain application questions for your Job Listing on an JTA ad as part of your application process. If you request that Job Planet include the questions you have chosen as part of your JTA ad, you acknowledge that job seekers who do not answer your questions in the manner set forth in your instructions may not be permitted to proceed to the next stage of the application process, and that you are requesting that Job Planet perform this action. You further acknowledge that your use of these application questions is provided to you via a license to the application questions tool and that Job Planet disclaims all warranties as to the performance of these application questions, including but not limited to the accuracy of the job seekers’ answers to your application questions.

  1. Cancellation

Unless otherwise stated in an insertion order or other agreement to advertise with Job Planet, you may independently cancel online any Targeted Ad at any time (such cancellation is generally effective within 24 hours). Job Planet may cancel JTA or these JTA Terms at any time. Job Planet may modify JTA or these JTA Terms at any time without liability, and your use of JTA after notice that these JTA Terms have changed indicates acceptance of the updated JTA Terms. Sections 1, 3, 4, 5, and 6 will survive any expiration or termination of these JTA Terms.

  1. Prohibited Uses

You shall not, and shall not authorize any party to advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your advertisement is displayed. You represent and warrant that (x) all your information is correct and current; (y) you hold and grant Job Planet and Partners all rights to copy, distribute and display Creative (“Use”); and (z) such Use and websites linked from your Targeted Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these JTA Terms or your account without notice, and may subject you to legal penalties and consequences. Job Planet or Partners may reject or remove any Targeted Ad, and Job Planet may disable any Employer’s account, for any or no reason without notice.

  1. DISCLAIMER AND LIMITATION OF LIABILITY

JOB PLANET’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, JOB PLANET AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. Job Planet and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: (i) costs per apply, (ii) costs per impression, (iii) apply rates, (iv) impression rates (including any estimate of impressions or term provided in an insertion order), (v) delivery of any impressions on any Partner Property or Job Planet Property or sections of such properties, (vi) applies, (vii) impressions (viii) conversions for any Creative, (ix) targeted users, or (x) the interest-level of any users who apply to or view your job. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IAP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IAP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO JOB PLANET BY YOU FOR THE JOB ADS GIVING RISE TO THE CLAIM.

  1. Payment

You shall be charged in accordance with the pricing listed in a separate agreement or insertion order between you and Job Planet, and based on applies (“Applies” or “Apply”) if you are an Employer using JTA Apply, or based on impressions (“Impression” or “Impressions”) if you are an employer using JTA Brand. Applies are defined as a user visit to the agreed upon Post-Apply Page listed in any separate agreement (including via email exchange) or insertion order between you and Job Planet. Impressions are defined as an ad appearing on a page of the Site, which page has been presented to a Job Seeker. However, an Impression does not guarantee that a Job Seeker has viewed such ad. If you are an Employer using JTA Brand, your price per Impression found on any JTA Brand Insertion Order is defined as the cost per 1000 impressions. If your JTA Insertion Order does not contain an end date, you will continue to be billed until you contact Job Planet and request to be removed from the JTA Program. If your Job Planet employer account has a credit card on file for the Job Planet Ads Program, we will charge that same credit card for your Job Planet Targeted Ads. If your billing address is in the United States, you shall pay all charges in US Dollars. If your billing address is in India, you may only pay all charges in Indian Rupees.  If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen and US Dollars.  If your billing address is anywhere else, you may be able to pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. This choice of currencies will be fully subject to Job Planet’s discretion. Charges are exclusive of taxes, including VAT. You will be charged all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Job Planet incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Job Planet products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Job Planet’s Apply measurements or Impressions measurements. Job Planet’s determination of number of Applies or Impressions shall be binding. Refunds (if any) are at the absolute discretion of Job Planet and only in the form of advertising credit for Job Planet Property. You acknowledge and agree that any credit card and related billing and payment information that you provide to Job Planet may be shared by Job Planet with companies who work on Job Planet’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Job Planet and servicing your account. Job Planet may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Job Planet shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Job Planet shall have no liability whatsoever therefore. Invoices may be provided to you via electronic mail.

  1. Indemnification

You shall indemnify, defend and hold harmless Job Planet, its agents, affiliates, licensors and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of your JTA use, Creative, site or Your Services, or your breach of these JTA Terms.

*For the purposes of this Agreement, the Asia-Pacific Region is defined as the following countries and territories: American Samoa, Antarctica, Australia, Bangladesh, Bhutan, Brunei, Cambodia, China, Christmas Island, Cocos Islands, Cook Islands, East Timor, Fiji, French Polynesia, French Southern Territories, Guam, Heard Island and McDonald Islands, Hong Kong, Indonesia, Japan, Kiribati, Laos, Macao, Malaysia, Maldives, Marshall Islands, Micronesia, Mongolia, Myanmar, Nauru, Nepal, New Caledonia, New Zealand, Niue, Norfolk Island, Northern Mariana Islands, Pakistan, Palau, Papua New Guinea, Philippines, Pitcairn, Samoa, Singapore, Solomon Islands, South Georgia and the South Sandwich Islands, South Korea, Sri Lanka, Taiwan, Thailand, Tokelau, Tonga, Tuvalu, Vanuatu, Vietnam, Wallis and Futuna.

 

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