These Terms constitute a binding agreement between you and FirstJob, Inc. (“FirstJob”), and are deemed accepted by you and FirstJob. Your access to or use of the FirstJob Website and FirstJob Services indicates your acceptance to these Terms. If you do not accept the Terms stated here, do not use FirstJob Website and the FirstJob Services. FirstJob reserves the right to revise these Terms at any time at its sole discretion by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on you.
(b) “FirstJob Service(s)” mean the services featured on the FirstJob Website, including but not limited to an online service to post and search for employment opportunities. These services also include but are not limited to the creation of individual profiles, the ability to make such profiles public, and the participation in an online community designed to facilitate valuable professional and personal networking among users of the FirstJob Websites (“Users”) based on common experiences and interests.
(c) “You,” “Your,” and “User” mean and refer to all individuals and/or entities who are accessing the FirstJob Websites for any reason.
(d) “Post” means information that You submit, publish, or display on the FirstJob Website.
(e) “User Content” means all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through the FirstJob Website.
2. NOTICE OF TESTING PHASE
Please take note that the FirstJob Website is currently in a testing phase and undergoing testing. The purpose of this testing phase is to obtain feedback and perform testing on the FirstJob Website’s features and performance, and to identify any defects or inconsistencies in its functionality. FirstJob will determine the length and scope of its testing phase, and has sole control as to who may access and use the FirstJob Website.
During this testing phase, FirstJob may make regular changes to the FirstJob Website, and that at times, stability, functionality, and reliability may not be optimal. As a User during this phase, You therefore recognize that there may be times where You encounter problems such as loss of data, crashes, or other errors. You acknowledge such risks and will not hold FirstJob or any of its agents, employees, or other individuals associated with FirstJob liable for any consequences that may arise through the use of the FirstJob Website.
(a) Requirements. You must be 18 years of age or older to visit or use any FirstJob Service in any manner. Users who violate these Terms may have their access and use of the FirstJob Websites suspended or terminated, at FirstJob’s discretion.
(b) Usage Rights. The FirstJob Websites are intended for individuals seeking some form of employment and for employers seeking candidates for employment. FirstJob authorizes You, subject to these Terms, to access and use the FirstJob Websites and FirstJob Services and to download and print a single copy of the content available on or from the FirstJob Websites solely for Your own personal, internal, and non-commercial use. You agree that You are solely responsible for the content of any information or document You post and any consequences arising from such posting. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
(c) Ownership. The FirstJob Website and FirstJob Services are protected under patent, copyright, trademark, and/or other laws. The FirstJob Websites and all FirstJob contents are the property of FirstJob or its licensors. The compilation, collection, arrangement, or assembly of all content on the FirstJob Website is the exclusive property of FirstJob and protected as well.
Unauthorized use of the FirstJob Website or FirstJob Services may violate these laws and/or applicable communication regulations and statutes, and is strictly prohibited. You must preserve all patent, copyright, trademark, service mark, and/or other proprietary notices contained in the original FirstJob Website on any authorized copy You make of the FirstJob Website. Any code or software code that FirstJob creates to generate or display any FirstJob Websites is also protected by FirstJob’s copyrights and You may not copy or adapt such code.
(d) Reservation of Rights. FirstJob reserves the right to remove any job posting or content from any FirstJob Website, which does not comply with the above Terms, or if any content is posted that FirstJob believes is not in the best interest of FirstJob. FirstJob reserves the right to expel Users and prevent their further access to the FirstJob Websites and/or use of FirstJob Services for violating the Terms or applicable laws, rules or regulations.
If at any time during Your use of the FirstJob Services, You made a misrepresentation of fact to FirstJob or otherwise misled FirstJob in regards to the nature of Your business activities, FirstJob will have grounds to terminate Your use of the FirstJob Services.
4. LIMITATIONS ON USE FOR ALL USERS
(a) Proper Use. The FirstJob Website and FirstJob Services may only be used by individuals seeking employment and/or career information and by employers seeking individuals for employment. The FirstJob Website may also be used by individuals for permitted professional and personal networking purposes.
(b) Improper Use. You may not:
ii. Take any action that imposes an unreasonable or disproportionally large load on FirstJob’s Website;
iii. Use any data mining, robots, or similar data gathering or extraction methods; use any device, software, or routine to mechanically scrape, spider, or otherwise extract data posted on FirstJob Websites;
iv. Use any device to navigate or search any FirstJob Website other than the tools available on the FirstJob Website;
v.Use any of the FirstJob Website or FirstJob Services on any other Website or in a networked computer environment. This includes but is not limited to the uploading or republishing of FirstJob Website on any Internet, Intranet or Extranet site or incorporating the FirstJob Website in any other database or compilation for any purpose;
vi. Attempt to violate or violate the security of any FirstJob Website;
vii. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
viii. Reverse engineer or decompile any parts of the FirstJob Website;
ix. Copy, aggregate, compile, or otherwise duplicate in any manner any of the information from the FirstJob Website, including but not limited to any expired job postings;
x.Frame or link to any FirstJob Website or other information available from the FirstJob Website, unless permitted by these Terms;
xi. Post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating media;
xii. Post any resume or apply for any job on behalf of another party;
xiii. Defer any contact from an employer to any agent, agency, or other third party;
xiv. Share with a third party any login credentials to any FirstJob Website;
xv. Access data not intended for You or logging into a server or account which You are not authorized to access;
xvi. Post or submit to any FirstJob Website any incomplete, false or inaccurate biographical information or information which is not Your own;
xvii. Solicit passwords or personally identifiable information from other Users;
xviii. Delete or alter any material posted by any other person or entity;
xix. Harass, incite harassment or advocate harassment of any group, company, or individual;
xx. Infringe upon the intellectual property rights of third parties;
xxi. Send unsolicited mail or email (spam), make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any Users that have specifically requested not to be contacted by You;
xxii. Attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any FirstJob Website, overloading, flooding, spamming, mailbombing, or crashing;
xxiii. Promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
xxiv. Use the FirstJob Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by FirstJob’s discretion. Violations of system or network security may result in civil and/or criminal liability. FirstJob will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
5. ADDITIONAL LIMITATIONS ON USE FOR EMPLOYERS
(a) Employer Responsibilities. You are responsible for maintaining the confidentiality of Your employer account, profile, and passwords, as applicable. Use of any password-protected areas of the FirstJob Website is restricted to the registered user(s) who have been given permission and a password to enter such areas ONLY. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your FirstJob Website registrations and passwords, whether or not authorized by You. You agree to immediately notify FirstJob of any unauthorized use of Your employer account, Profile, or passwords.
Employers are solely responsible for their postings on FirstJob Websites. FirstJob is not to be considered to be an employer with respect to Your use of any FirstJob Website and FirstJob shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any FirstJob Website.
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from FirstJob, including saved resumes, network contacts, and email mailing lists, will be marked as deleted and may be deleted from FirstJob’s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through FirstJob’s servers. FirstJob reserves the right to restrict the number of e-mails which an employer may send to Users to a number which FirstJob deems appropriate in its sole discretion.
(b) Proper Use. You are only allowed to Post for real jobs. The Postings must be for traditional W-2 employee, 1099 independent contractor, or other lawful positions. Job postings must be properly and accurately labeled. FirstJob cannot monitor every posting to the FirstJob Website, nor does FirstJob take responsibility for the content posted by the job seekers. If You are a search firm or other third party recruiter, then You must obtain a candidate’s consent prior to presenting said candidate to a potential employer.
(c) Improper Use. You may not:
i. Post job postings that contain (i) misleading, unreadable, hidden keywords, repeated keywords or keywords that are irrelevant to the job opportunity (as determined by FirstJob’s discretion), (ii) names, logos, or trademarks of unaffiliated companies, (iii) names of colleges, cities, countries, or other entities that are unrelated to the posting, (iv) inaccurate, false, or misleading information, (v) materials or links to materials that exploits individuals in an inappropriate, illegal, violent, sexual, or other improper manner, and (vi) solicits personal information from individuals under the age of 18;
ii. Post jobs in a manner that does not comply with applicable local, national, and/or international laws, including but not limited to labor and employment, equal employment opportunity, data privacy, data access, and intellectual property laws;
iii. Post jobs for Multi-Level Marketing positions or business opportunities that require a jobseeker to purchase a kit, additional documents, tapes, workbooks, attend, a seminar, etc.;
iv. Post jobs or advertisements for competitors of FirstJob or post jobs or other content that contain links to any sites competitive with FirstJob;
v.Post jobs or promote opportunities that do not represent bona fide employment which is generally indicated by the employer’s use of the IRS forms W-2 or 1099;
vi. Post messages, information, data, texts, images, or other content that You do not have a right to reproduce, display, or transmit under any law or under contractual or fiduciary relationships;
vii. Sell, promote, or advertise products and services;
viii. Advertise sexual services or seek employees for jobs of a sexual nature; request the use of human body parts or donations thereof; endorse a particular political party, political position, and/or particular religion; post or transmit any message, information, data, text, image, or other materials that are unlawful, harmful, offensive, abusive, harassing, defamatory, vulgar, obscene, or may invade one’s right of privacy or publicity.
6. USER CONTENT
(a) Ownership. User Content is the sole responsibility of the person from which such User Content originated. FirstJob claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content You submit, post or display on or through the FirstJob Websites and You are responsible for protecting those rights, as appropriate. To the extent permitted by law, in no event shall FirstJob be liable for the deletion, loss, or unauthorized modification of any User Content.
(b) License. By submitting, posting or displaying User Content on or through FirstJob Websites, You grant FirstJob a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, distribute, publicly display, and publish such User Content on the FirstJob Websites. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, You grant FirstJob a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting FirstJob and its services. FirstJob will discontinue this licensed use within a commercially reasonable period after such User Content is removed from the FirstJob Websites. FirstJob reserves the right to refuse to accept, post, display or transmit any User Content.
If You post User Content in any public area of any FirstJob Website, You also permit any User to access, display, view, store, and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any FirstJob Website retains any and all rights that may exist in such User Content.
(c) Representations. FirstJob does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does FirstJob endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
(d) Infringement. FirstJob respects the intellectual property rights of others. If You believe that Your copyrighted work or trademark has been uploaded, posted, or copied to any FirstJob and is accessible on a FirstJob Website in a way that constitutes copyright or trademark infringement, please contact the FirstJob’s agent designated to receive notices of claims of copyright or trademark infringement or other nonconformance to these Terms on the FirstJob Websites. You can contact the agent as follows:
By mail: Eyal Grayevsky, 220 Bush Street, Suite 462, San Francisco, CA 94104
(e) Repeat Infringement. FirstJob reserves the right to terminate the accounts of any Users, and block access to the FirstJob Website of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. FirstJob reserves the right, in its sole discretion, to take these actions to limit access to the site and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.
7. DISCLAIMER AND ASSUMPTION OF RISK
(a) Disclaimer. The FirstJob Website and FirstJob Services are a venue for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post resumes and create profile pages and search for and evaluate job opportunities for themselves. FirstJob does not screen or censor the listings, profile pages, or other User Content. FirstJob is not involved in the actual employment transaction between employers and candidates. As a result, FirstJob is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and FirstJob makes no representations about any jobs, resumes or User Content on the FirstJob Websites. While FirstJob reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the FirstJob Websites from time to time, FirstJob does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
The FirstJob Website may contain inaccuracies or typographical errors. FirstJob makes no representations about the accuracy, reliability, completeness, or timeliness of the FirstJob Website. The use of the FirstJob Website and the FirstJob Services is at Your own risk. FirstJob cannot guarantee and does not promise any specific results from use of any FirstJob Website. FirstJob does not guarantee that job postings will be viewed by any specific number of users and is not responsible for any employment decisions made by any entity posting jobs. No advice or information, whether oral or written, obtained by a User from FirstJob or through or from any FirstJob Website shall create any warranty not expressly stated herein.
(b) Assumption of Risk. You note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through the FirstJob Websites. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. FirstJob does not and cannot become involved in all User dealings or control the behavior of participants.
(c) Release of Claims against FirstJob. Because User authentication on the Internet is difficult, FirstJob cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any FirstJob Website, in the event that You have a dispute with one or more Users, You release FirstJob (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
(d) Waiver of Cal. Civ. Code § 1542. If You are a California resident, You waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
(e) Endorsements. Nothing on the FirstJob Websites shall be considered an endorsement, representation, or warranty with respect to any user or third party.
TO THE FULLEST EXTENT POSSIBLE BY LAW, FIRSTJOB DOES NOT WARRANT THAT ANY FIRSTJOB WEBSITE OR ANY FIRSTJOB SERVICES WILL OPERATE ERROR-FREE OR THAT ANY FIRSTJOB WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY FIRSTJOB WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, FIRSTJOB IS NOT RESPONSIBLE FOR THOSE COSTS. THE FIRSTJOB WEBSITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. FIRSTJOB, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FIRSTJOB MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT ON THE FIRSTJOB WEBSITES.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL FIRSTJOB BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY FIRSTJOB WEBSITE AND FIRSTJOB SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FIRSTJOB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT POSSIBLE BY LAW, FIRSTJOB’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY FIRSTJOB WEBSITE OR YOUR USE OF THE FIRSTJOB SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless FirstJob, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any FirstJob Website, (ii) Your use of any FirstJob Services, or (iii) Your breach of these Terms. FirstJob shall provide notice to You promptly of any such claim, suit, or proceeding.
11. TERM AND TERMINATION
These Terms will remain in full force and effect while You are a User of any FirstJob Website or FirstJob Service. FirstJob reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the FirstJob Websites and immediate termination of Your registration with or ability to access the FirstJob Websites and/or any other services provided to You by FirstJob, upon any breach by You of these Terms or if FirstJob is unable to verify or authenticate any information You submit to a FirstJob Website registration. Even after You are no longer a User of the FirstJob Websites, the provisions of these Terms will remain in effect.
(a) Links. The FirstJob Website contains many links to third party websites. These links are provided solely as a convenience and not as an endorsement by FirstJob of the contents on such third-party websites. FirstJob is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third party websites. If You decide to access linked third-party websites, You do so at Your own risk.
(b) Commercial Use. You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any FirstJob Website or FirstJob Services.
(c) Access Outside the United States. FirstJob makes no claims that the FirstJob Website may be lawfully viewed, downloaded, or accessed outside of the United States. Access to the FirstJob Website may not be legal by certain persons or in certain countries. If You access any FirstJob Website You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
(d) Governing Law. These Terms are governed by the internal substantive laws of the State of California. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within San Francisco, California. If any provisions of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, FirstJob’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect FirstJob’s ability to enforce such term at any point in the future.
(e) Additional Terms. Certain areas of the FirstJob Websites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.
(f) Waiver. Waiver of any term of these Terms shall not be deemed a further or continuing waiver of such term of any other term.
(g) Headings. Headings provided in these Terms are included for reference purposes only and are not to be given any substantive effect.
(h) Effective Date. These Terms are effective as of July 17, 2012.
Thank you for using FirstJob.com. If there are any questions regarding FirstJob or this Policy, please contact FirstJob at: 220 Bush Street, Suite 462, San Francisco, CA 94104.