FROGGERJOBS.COM LLC

TERMS OF USE

 

 

Last update: June 15, 2017

Subject to change at anytime without notice!

 

YOUR INITIAL AND CONTINUED USE OF THIS WEBSITE, FROGGERJOBS.COM, AND THE SERVICES PROVIDED THEREUNDER, CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THE FOLLOWING TERMS OF USE TO THE SAME EXTENT AS IF THE TERMS OF USE WERE PHYSICALLY SIGNED BY YOU. PLEASE READ THEM CAREFULLY BEFORE USING THE WEBSITE, AND    IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS OF USE, DO NOT USE THE WEBSITE. THE TERMS OF USE MAY BE UPDATED FROM TIME TO TIME WITHOUT PRIOR NOTICE AND YOUR USE AFTER AN UPDATE WILL CONSTITUTE YOUR CONTINUED ACCEPTANCE OF AND AGREEMENT TO THE TERMS OF USE AS UPDATED.

 

THE FOLLOWING TERMS OF USE ARE APPLICABLE TO ALL USERS OF THE WEBSITE AND SERVICES:

 

Definitions.

 

The following definitions apply to the words below as they are used throughout these Terms of Use, regardless of whether or not they have been capitalized:

 

  1. “We”, “our”, “us”, or the “Company” means and refers to Froggerjobs.com LLC, an Ohio limited liability company, and its affiliated entities.

 

  1. The “Website” means and refers to froggerjobs.com. Froggerjobs.com is a registered trademark/service mark of the Company and/or its affiliated entities and all rights in it are reserved.

 

  1. “You” or “your” means and refers to the person or entity who uses the Website. You are the “User”.

 

  1. “Services” means and refers to each and every service we provide on and through the Website.

 

  1. “Use” means and refers to your use of the Website and the Services.

 

  1. “Materials” means and refers to any resume, message, blog, document, data, graphic, picture, compilation, or other writing in any form or format that you post on the Website.

 

  1. “Post” means and refers to your electronically placing any Materials on our Website for any purpose.

 

  1. Agreement to Use the Website and Services. In consideration of the Company providing you use of the Website and the Services,(which includes, without limitation, all web content and underlying software and technology), you agree to fully comply with and be subject to these Terms of Use If you choose not to agree to the Terms of Use, you are not eligible to use the Website or the Services. You must be at least 18 years of age to use the Website and Services. By using our Website and Services you are confirming that you are at least 18 years of age and legally eligible to enter into a contract.

 

  1. Purpose of the Website and the Services. Our Website is commonly known as a “jobs board”, which means that job seekers may use the Website to post their resumes electronically through the Website for use by potential employers who subscribe with us and who are seeking to hire employees. The Website may also contain useful general information about employment related matters and provide a forum for employment related discussions among users. Potential employers shall have access to posted resumes and may review them and contact those job seekers who they are interested in potentially hiring.

 

  1. Initial Registration. Once you have indicated your acceptance of and agreement to the Terms of Use, in order to gain access to the Services, you must first register with your name and e-mail address. You must use your real name and a valid e-mail address that goes directly to you, and not to or through any third party.

 

  1. Legal Status of User as Limited Licensee. As a User, the Company grants you a non-exclusive, non-transferable, limited, revocable and terminable license to use the Website and the Services for your non-commercial, personal use with respect to your seeking a job and obtaining general information about job seeking, and for no other purpose whatsoever.

 

  1. Termination of Use and Revocation of License to Use. You understand and agree that we may at any time, and with or without giving you advance or subsequent notice, terminate your access to and use of the Website and Services for any reason whatsoever that is not prohibited by law. If your use and access have been terminated, this shall automatically constitute, without further action, a revocation of your license to use the Website and the Services. The Company is not required to provide you any reason or justification for such termination of use and revocation of license; however, typical reasons for termination include, but are not limited to: (i) breaches or violations by you of the Terms of Use; (ii) pursuant to requests by law enforcement or other governmental or regulatory authorities; or (iii) discontinuance of the Website or the Services. If your license to use the Website and Services has been terminated, you are strictly prohibited from attempting to use and using the Website and Services under a different name, or with a different password, user name or e-mail address, and any such action by you shall be deemed an intentional malicious act and may subject you to legal action by us.

 

  1. Privacy Policy. We have a separate Privacy Policy that covers the collection and use of Materials you have posted through or on our Website. The provisions of the Privacy Policy are a part of these Terms of Use as if they were fully rewritten herein. You are subject to the terms of the Privacy Policy when you use the Website and Services.

 

  1. User Conduct.

 

As a User, you understand and agree that you are solely responsible for the accuracy, truthfulness, and suitability of the form and content of any resume or other Materials you post on the Website.

 

You agree to act responsibly, use the Website and Services only for the purposes intended as hereinabove stated, and treat other Website members, prospective employer representatives, and Company representatives in a professional, respectful manner.

 

As a User, you agree not to do any of the following:

 

  1. Violate any applicable local, state, provincial, regional, national, or international laws, statutes, and/or codes;

 

  1.    Transfer, assign or re-sell your use of or access to the Website or Services to any third party;

 

  1.    Email, make available, post, upload, or transmit any content that is abusive, harassing, harmful, threatening, unlawful, violates another user’s or the Company’s rights (including, but not limited to, intellectual property rights and rights of privacy and publicity), that you do not have a written right to transmit under any law or under any contractual agreement or relationship;

 

  1. Provide to us or post on the Website inaccurate, deceptive, misleading, or false information; and if you have done so, you agree to correct it immediately;

 

  1. Post anything that would violate the copyright or other intellectual property rights of another;

 

  1. Hack or doing any other act or action to harm or damage the Website or the Services or restrict or inhibit other users from using the Website or the Services;

 

  1. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble all or any portion of the Website or the Services; or

 

  1. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Services or any part of the Website; and harvest or collect information about users of the Website or Services without their express written consent.

 

  1. Passwords. If you are required to use a password for the Website or the Services, you are solely responsible for maintaining the confidentiality of any password you may use in order to use the Website or the Services and for all activities that occur under your password. You are fully responsible for all use of your password protected account and for any actions that take place using your account, including content posted in public areas or private e-mail messages. You agree to immediately notify us if you become aware of any possible unauthorized use(s) of your account or any possible breach of security, including loss, theft, or unauthorized disclosure of your password.

 

  1. Communications. The Website may enable you to communicate to other users of the Website or the public. You agree not to use such communication services in any prohibited way. Prohibited uses include: offering to sell or buy anything, attempting to violate or violating the legal rights of others including their rights concerning use of this Website, posting profane or obscene Materials, uploading files that you do not have the intellectual property rights over or files that may cause harm, privacy violations, or causing undesirable effects to other’s computers. You agree that the Company may remove any of your communications with or without advance or subsequent notice to you, whether or not we believe that your communications violate the Terms of Use. The Company retains the right, but has no obligation whatsoever, to monitor, scan, or review the content of any Materials that you or other users post on the Website or with respect to the Services. You specifically and knowingly agree that you shall use the Website and the Services at your sole risk, including your posting of Materials and the release and dissemination of any information pertaining to you, your receipt of Materials from other users including employers who subscribe to our Services, and your contact with any other users and employers who subscribe to our Services; and you release the Company and its employees, agents, officers, and owners from any and all liability in connection therewith. The Company shall not be held liable based on your communications or conduct with others that use our Services. Be sure to use common sense, due care and diligence in such conduct and communications.

 

  1. Company Communications with You.

 

Company, on its own accord or by and through a third-party business partner or agent, may from time to time send you e-mail regarding the Website or the Services in order to advise of new or changed Services or Website features or other information that we believe may be important to you. You may at any time exercise your option not to receive such notifications by e-mailing us.

 

  1. Links to Third-Party Websites. You may find links to third party websites on our Website. You agree to enter these third party websites at your sole risk. These third party websites have their own terms of use and privacy policies that you should carefully check. The Company offers these linked websites as an accommodation only but does not endorse your use of these linked websites or accept any responsibility or liability for their policies whatsoever or the consequences of your visiting such third party sites through the links provided in our Website as the Company has no control over third-party websites.

 

  1. Our Right to Remove Materials. We reserve the right to remove your Materials of any kind posted on or through the Website or the Services that is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, profane, indecent, inappropriate for the intended purposes of the Website or the Services, or otherwise objectionable to us as determined by us in our sole and complete discretion.

 

  1. Company’s Proprietary and Legal Rights to Intellectual Property. We, and/or our affiliated entities, own and retain proprietary rights in our Services and Website, which includes all of our copyrighted Materials, trademarks, and other proprietary information. You may access, use, download and print out copies of any content from the Website and Services, provided that they are solely used for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the Website or Services, or by copying any content from them. By posting your resume or other Materials, you automatically grant to us without charge, and you represent and warrant that you have the right to grant to us without charge, an irrevocable, perpetual, non-exclusive, worldwide license to publish and distribute such Materials to our subscribing employers. “Froggerjobs.com,” and the Company logo, are trademarks and/or service marks of Froggerjobs.com LLC and/or its affiliated entities. All other trademarks, service marks, and logos used on the Website are the trademarks, service marks, or logos of their respective owners. Use of our trademarks, service marks, or logos requires our explicit prior written permission. Company is the copyright owner of all text and graphics, software, proprietary technology, legal documents, and forms provided on the Website. Publishing or redistributing any of such content in any way without the express written consent of the Company is strictly prohibited.

 

  1. Warranty Disclaimer. You expressly agree that your use of the Website and the Services are at your sole risk. This risk includes, without limitation, the possible loss of your resume, data, messages, graphics, documents, or other forms of Materials that you post on the Website. As such, you are strongly urged to retain a copy of the Materials you post on or through the Website and Services. The Company makes no warranty that your access to or use of this Website or the Services will be uninterrupted or error free; or that the internet service provider or website server that hosts the Website is free of viruses or other harmful components; or that any particular results may be obtained by your use of this Website or the Services. By using the Website or the Services, you acknowledge your understanding that email is not a 100% reliable or secure mode of communication. There may be times where you do not receive an email communication from the Website when expected. You agree that the email service is provided as a convenience, and that the primary source of the Services is the Website. If you do not receive any expected email communication, you agree that it is your responsibility to check any spam filters or folders, to access information you may need on the Website with your assigned username and password, and to email us at froggerjobs.com if necessary. The Website is not responsible for your failure to receive any specific email communication. Further, Company will not be liable for any loss of your data or information provided through email.

 

THIS WEBSITE AND THE SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS-IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR FOR ANY PURPOSE, NON-INFRINGEMENT, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE WEBSITE AND/ THE SERVICES. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES RESULTING FROM YOUR USE OR INABILITY FOR ANY REASON TO USE THE WEBSITE OR SERVICES, FROM THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR MATERIALSS; OR ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR THE SERVICES.

 

  1. Limitation of Liability. Our Website and Services are presently provided to you free of charge. In no event whatsoever shall our liability to you for any loss or damages you may claim you have sustained arising from or as a result of your use of the Website or the Services, under a claim for breach of contract, negligence, other tort, or under any other legal theory, exceed the sum of $100.00; or in the event that you are in the future charged for the use of the Website or Services, the our maximum liability for damages to you shall in such case shall not exceed the greater of $100 or the total of all amounts you have paid for the use of the Website or Services during the one (1) month period immediately preceding the date of your claim.

 

  1. Indemnification by You for Willful Violations of the Terms of Use. You agree to assume sole liability for any third party claims made against Company that may arise due to your actions. You agree to defend, hold harmless, and indemnify us from and against any and all claims of any kind, damages, costs, debt, losses, liabilities, obligations, injuries, and expenses, including reasonable attorney fees and costs arising from your use of and access to the Website; any violation by you of these Terms of Use; any violation by you of any third-party right; and any claim levied against you that your submission caused damage to a third party. You also agree to indemnify against and waive any rights to the contrary against Company for any claims that you or a third party may assert based on your use of the website that are in existence at the time that you accept these Terms of Use but are either unknown or unsuspected at such time.

 

  1. Governing Law; Dispute Resolution.

 

The validity, interpretation, and enforcement of these Terms of Use shall be governed by the laws of the State of Ohio without regard to any conflict of law principles or doctrines. In the event you wish to assert a claim against us, we each agree that the following shall apply:

 

  1. First, you agree to provide notice to us in writing of your dispute, which will reasonably inform us of the nature of the dispute and what you would like done by us to rectify it. Once we receive notice of your dispute, we will attempt to resolve it with you within 60 days. You agree to wait until after this 60-day resolution period before filing an arbitration demand under b. below.

 

  1. Second, in the event the dispute is not resolved within the 60 day period in a. above, then you may make a demand for binding arbitration before a single arbitrator. You may file the demand for arbitration for a claim you assert against us as an individual user of the Website or the Services, but may not file for another or as a class action. The arbitration demand shall be filed with the Cleveland, Ohio office of the American Arbitration Association (or the AAA office closest to Cleveland, Ohio if there is none in Cleveland, Ohio) in accordance with its rules and procedures, and the initial cost of filing the demand for arbitration shall be paid for by you. The arbitrators may award the final cost of the arbitration to either or both of the parties as part of the arbitration award rendered.  An award rendered by the arbitrator against us, if any, may only be for a monetary amount and may not be for any injunctive relief. This agreement to arbitrate shall survive the termination of these Terms of Use.

 

In the event we wish to proceed with a claim against you, we reserve the right to pursue any and all legally available remedies and shall not be subject to the dispute resolution procedures set forth above.

 

  1. Feedback from You. We want to make our Website and Services user friendly and the best they can be. We encourage your feedback as to the things we are doing that you like and those that your feel could be improved.  If you do suggest any ideas, whether or not they are used by us, please understand that they shall become the sole property of the Company and may be used by us without any obligation for payment to you.

 

  1. Rights Reserved to Company. In addition to the other rights reserved to the Company elsewhere in these Terms of Use, the Company expressly reserves the unrestricted right at any time, or from time to time, without advance notice, to amend, modify, postpone, suspend, discontinue, or terminate all or part of the Website or the Services.

 

  1. Miscellaneous. If any provision of the Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the continued validity and enforceability of any remaining provisions. Any delay or failure by us to assert our rights and remedies against you for your breach of these Terms of Use and/or any other claim we may have against you shall not act as a waiver or release of such right or remedy, or any other right or remedy we may be entitled to. Any heading, caption, or section title contained in the Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Unless otherwise stated herein, these Terms of Use contain the entire agreement between you and Company.

TERM OF USE APPLICABLE

ONLY TO SUBSCRIBING EMPLOYERS

 

 

The following Terms of Use apply to employer users who have subscribed to the Services of the Company (“Subscribing Employers”) and they are in addition to the above Terms of Use that apply to all users of the Website and Services. If these Terms of Use conflict in any manner with the above Terms of Use, then these Terms of Use shall take precedence and apply.

 

  1. A Subscribing Employer must pay the Company all required service fees when due in order to be and remain eligible to use the Website and Services; and non-payment thereof shall constitute a material default under the Terms of Use and be grounds for termination of access to and use of the Website and Services, the removal of all Materials previously posted by you on the Website and Services, and the revocation of your license to use the Website and Services.  The Company shall give a Subscribing Employer not less than thirty (30) days advance notice of any change in its fee structure or the scope of the Services it shall provide to a Subscribing Employer.

 

  1. Use of the Website and Services by a Subscribing Employer is limited exclusively to posting job offerings for employment positions that are real and for which the Subscribing Employer actually intends to fill and for accessing posted resumes of jobseekers and contacting them for the purpose of evaluating them as candidates to fill such job offerings (the “Permitted Use”), and for no other use of purpose whatsoever. A Subscribing Employer must describe their job offerings in a clear, truthful and non-deceptive manner. If the posted job offering is not for a currently employable position, it shall clearly state when the position will become open for hiring.

 

  1. Use of the designated “Employers” section of the Website is for the Subscribing Employer’s Permitted Use, and the Subscribing Employer is strictly prohibited from accessing, using, assigning, selling, transferring, distributing, disseminating and/or publishing the resumes of jobseekers or other content appearing therein in any form or format for any purpose whatsoever other than for its own Permitted Use purposes without the prior express written consent of the Company.