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JobSync Legal Terms of Service

 

1. Welcome to JobSync

Thanks for your interest in our integration and job management services (the “Services”). By using our Services, you agree to these Terms of Service as well as the Data Processing Agreement, and our Privacy and Cookie Policy (herein collectively referred to as the “Agreement”). Please read all of these carefully.  These Terms of Service may be updated from time to time without notice. 

As used in these Terms of Service, “you,” “User,” or “Employer” means the individual or entity using the Services (and/or any individual, agent, employee, representative, parent, subsidiary, affiliate, successor, related entities, assigns, or all other individuals or entities acting on your behalf, at your direction, under your control, or under the direction or control of the same individual or entity who controls you). “We,” “us” or “JobSync” means JobSync LLC, and the “parties” means you and JobSync.

 

2. License and Access to the Services

2. 1  License Use

Upon payment of the applicable fees and subject to your reasonable compliance with this Agreement, JobSync grants to you a limited, non-transferable and non-exclusive right to use and license the Service and any functionality JobSync makes available to you, including but not limited to job ad distribution, candidate data collection and integration services in accordance with the JobSync standard documentation, which may be updated from time-to-time. According to the license, such use will be exclusively online, for an Employer’s sole and unique benefit and in accordance with the intended use of the Service.

You alone are responsible for any communication, message or other content that you or your Users post, upload, submit, transmit or share via the Services, including without limitation any advertisements, data, questions, comments, ideas, suggestions or the like (collectively “User Communications”). We do not endorse or sponsor any such User Communications submitted by you or other users of the Services. We reserve the right to terminate, restrict and/or prohibit your use of the Services (including removal of User Communications), in whole or in part, if we determine, in our sole discretion, that you are violating these Terms of Service, or applicable law, rule, regulation or order or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider or any other third party. Subject to the terms and conditions set forth in our Privacy Notice, all User Communications will be treated as non-confidential and non-proprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect acknowledgment, attribution, or compensation by JobSync.

You will maintain and comply with privacy policies and practices that comply with applicable law and conform to industry best practices. You represent and warrant that your User Communications will not: (a) be false, inaccurate or misleading; (b) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation (including without limitation consumer protection, unfair competition, anti-discrimination and false advertising); (d) be libelous, threatening, defamatory, harassing, obscene or contain any kind of pornography; (e) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (f) create liability for us or cause us to lose (in whole or in part) the services of our Internet service providers or other suppliers; or (g) interfere with the ability of others to enjoy our Services.

2.2 Limitation of Use of Service

 

You represent and warrant that you will not: (h) use any data mining robots, spiders or similar data gathering or extraction methods; (i) violate or attempt to violate the security of the Services; (j) reverse engineer or decompile any part of the Services; (k) aggregate, copy or duplicate any of the JobSync Intellectual Property or information available via the Services, other than as permitted by these Terms of Service; (l) except for Users, share with a third party any login credentials to the  Services; or (m) access data or any part of the Services not intended for you.

You may not use the Services to determine a consumer’s eligibility for: (a) credit or insurance for personal, family or household purposes; (b) employment; or (c) a government license or benefit. JobSync shall not be considered an employer with respect to your use of the Service and JobSync are not responsible for any employment decisions made by you, any person or entity that posts jobs via the Services.You acknowledge that the JobSync Service may be improved from time-to-time and you will only have access to the then current version of the Service. Each new version or update of the Service will replace the previous version, and henceforth be subject to all rights and obligations as mentioned in these Terms of Service. During the updates, the JobSync Service may be temporarily unavailable.

 

3. Term and Termination

Acquired licenses are effective for the period beginning at the moment of purchase. Unless one of the Parties terminates the license as set forth below, or JobSync contacts you to change the terms of the Agreement, the license will be automatically extended monthly at the same license conditions. 

JobSync may terminate the license for any reason by providing in writing two weeks notice to the User via the email address that is indicated as the contact address on the Services. 

The User may terminate the license with 30 day’s notice via email to JobSync. Licenses that have started cannot be terminated or cancelled until the next license period. No payments will be refunded.

 

4. Fees

JobSync will automatically charge the credit card provided or invoice the User for the payment of the license and extensions and you give explicit permission to JobSync to do so. Payments are due upon receipt of invoice.  Failure to pay in a timely manner will constitute a breach of this Agreement and JobSync, upon their sole discretion may cancel your access to the Services. 

JobSync, at its sole discretion, may change fees and payment policies for the Services by notifying you in wiring (including email) with at least thirty (30) days notice before the change takes effect.

 

5. Using the Services

As an express condition of being permitted to  use the Service, you represent and warrant that you have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts on behalf of your Employer and agree to these Terms of Service and any updates or amendments to these Terms of Service.  

JobSync permits you to use the Services for the express purpose of aiding in the hiring process of candidates for your business or on the behalf of your client’s business.  You agree you will not utilize the Services or any of the data contained within the Services for any activity not permitted by JobSync or your Employer. 

You are responsible for maintaining the confidentiality of your access to or password to the Services and for all of your activities and those of any third-party that occur through your account, whether or not authorized by you. You agree to immediately notify JobSync of any suspected or actual unauthorized use of your Account. You agree that JobSync will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your password.

 

6 . Intellectual Property

JobSync Content: The information, materials (including, without limitation, HTML, text, audio, video, white papers, press releases, data sheets, product descriptions, videos, software, “How to” guides, and FAQs, aggregate data and other content) available from the Service, excluding Third Party Content (collectively, “JobSync Content”), are the copyrighted works of JobSync, and JobSync expressly retains all right title and interest in and to the JobSync Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted in these Terms of Service, any use of the JobSync Content may violate copyright and/or other applicable laws.You may not modify JobSync Content in any way nor reproduce or publicly display, perform or distribute or otherwise use JobSync Content for any public or commercial purpose. You may not remove any copyright, trademark or other proprietary notices from the Services or JobSync Content.  

Third Party Content: In addition to JobSync Content, the Service may contain information and materials provided to JobSync by third parties (collectively, “Third Party Content”). Third Party Content is the copyrighted work of its owner, who expressly retains all right title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to these Terms of Service, Third Party Content may also be subject to different and/or additional terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third Party Content.

Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed via the Services or on the Jobsync website are registered and unregistered trademarks, trade names and service marks owned by JobSync and/or our affiliates. Other trademarks, trade names and service marks used or displayed on the website or via the Services are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by us. Nothing grants or should be construed as granting, by implication, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed via the Services without our written permission or the written permission of such third-party owner.

7 . Privacy

You acknowledge that you have read, understand and agree to JobSync’s Privacy Policy located at https://www.jobsync.io/privacy, which is hereby incorporated into and made a part of these Terms of Service by this reference.

 

8. Confidentiality

JobSync acknowledges that all data you process through the Service is confidential, including all applicant and performance data. JobSync will not divulge your confidential information or make it known to third parties, except as expressly permitted by you or as part of the Services provided for herein. Nor will JobSync use this information to its own benefit without express written permission from the User. Notwithstanding the former, JobSync may use performance and activity data when used in the aggregate along with other JobSync customers’ data so as to not enable a third party to understand any data with respect to you. 

Similarly, you agree not to disclose JobSync Confidential Information. “JobSync Confidential Information” includes: (a) all of JobSync’s software, technology and documentation relating to the Services; (b) the existence of, information about, or the terms of, any non-public beta or experimental features in the Service; and (c) any other information made available by JobSync that is marked confidential or would normally be considered confidential under the circumstances in which it is presented. JobSync Confidential Information does not include information that you already knew prior to your use of the Services, that becomes public through no fault of yours, that was independently developed by you, or that was lawfully given to you by a third party.

 

9. Indemnity

Your Indemnification Obligations: You hereby irrevocably agree to indemnify, defend and hold JobSync, its affiliates, directors, officers, employees and agents harmless from and against any and all loss, costs, damages, liabilities and expenses (including attorneys’ fees) arising out of or related to (i) any third party claim resulting from a breach by you of any of your covenants, representations or warranties contained in these Terms of Service and/or (ii) your use of  the Service. 

JobSync’s Indemnification Obligations: If you are a paying User of the Service, JobSync will defend you against any third party claim brought against you alleging that the use of such paid Service as permitted hereunder infringes the United States intellectual property rights of a third party, and JobSync shall pay all costs and damages finally awarded against you by a court of competent jurisdiction as a result of any such claim; provided that you (a) promptly give written notice thereof to JobSync; (b) give JobSync sole control of the defense and settlement of the claim; and (c) provide to JobSync all reasonable assistance. The foregoing shall not apply to any claim based upon or arising from (i) any use of the Service outside the scope of these Terms of Service, (ii) User Content, or (iii) a combination of the Service with any content or other technology not provided by JobSync.

 

10. Representations; Warranties; Disclaimers

EXCEPT AS EXPRESSLY SET FORTH IMMEDIATELY ABOVE, THE SITE, SITE CONTENT AND SERVICE ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND JOBSYNC MAKES NO WARRANTY THAT THE SITE, SERVICE OR SITE CONTENT ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, OR ACCURATE, AND ON BEHALF OF ITSELF AND ITS LICENSORS, JOBSYNC HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE SITE, SITE CONTENT AND SERVICE, OR THE AVAILABILITY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFIRNGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE, SERVICE AND/OR THE SITE CONTENT RESTS WITH YOU AND JOBSYNC MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SITE AND OR THE SERVICE WILL BE UNINTERRUPTED, OR THAT THE SITE, SERVICE AND/OR THE SITE CONTENT WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.

 

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT JOBSYNC SHALL NOT BE LIABLE TO YOU FOR ANY (A) INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF JOBSYNC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE OR (B) AMOUNTS IN THE AGGREGATE THAT EXCEED THE FEES PAID BY YOU TO JOBSYNC HEREUNDER IN THE SIX (6) MONTHS PRECEDING THE DATE THE CLAIM AROSE.

 

12. Miscellaneous

12.1 Entire Agreement; Amendments

The JobSync Terms of Service and incorporated policies are our entire agreement relating to your use of the Services and supersede any prior or contemporaneous agreements. The JobSync Terms of Service may be amended (i) in a writing signed by both parties that expressly states that it is amending the JobSync Terms of Service, or (ii) as set forth in Section 5, if you keep using the Services after We modify the JobSync Terms of Service.

12.2 Assignment

You may not assign or transfer any of your rights under the JobSync Terms of Service.

12.3 Independent Contractors

The parties are independent contractors and the JobSync Terms of Service do not create an agency, partnership, or joint venture.

12.4 No Third-Party Beneficiaries

The JobSync Terms of Service do not create any third-party beneficiary rights.

12.5 No Waiver

The failure of either party to enforce any provision of the JobSync Terms of Service will not constitute a waiver.

12.6 Severability

If it turns out that a particular term of the JobSync Terms of Service is not enforceable, the balance of the JobSync Terms of Service will remain in full force and effect.

12.7 Survival

Sections  2.2, 5, 6, 7, 8, 11, 12.1 and 12.8 of these Terms of Service will survive termination.

12.8 Governing Law; Venue

All claims arising out of or relating to the JobSync Terms of Service or the Services will be governed by the laws as set forth in the Commonwealth of Virginia, excluding California’s conflict of laws rules, each party irrevocably submits to the exclusive jurisdiction of the United States District Court for the Eastern District of Virginia, for the purposes of any proceeding arising out of or relating to these Terms of Service, any other transaction contemplated hereby or thereby, provided, however, that in the event the United States District Court refuses to accept jurisdiction over the dispute, then the matter shall be submitted to the exclusive jurisdiction of the Superior Court in and for the County of Prince William, in the Commonwealth of Virginia, and its related courts. 

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 Services or these Terms of Service, if you are located in the United States.

12.9 Force Majeure

Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party’s reasonable control.

12.10 Questions, Notices, and Communications

In connection with your use of the Services, we may contact you regarding service announcements, administrative messages, and other information. For support and customer service, please contact JobSync via email by using this address, [email protected] To contact by mail, please send all communications to JobSync, 5501 Merchants View Sq #205, Haymarket, VA 20169.

 

Last updated November 18, 2021.