Terms of Service
Last Updated: April 20, 2022
PLEASE READ THESE TERMS OF SERVICE (THESE “TERMS”) CAREFULLY. These Terms are agreed to between Honest Jobs, Inc. (“Honest Jobs”, “we”, “us”, or “our”) and you as an individual, or, if you represent and act on behalf of an entity or other organization, that entity (in either case, “you” or “your”). Honest Jobs offers a proprietary fair-chance employment platform that facilitates connecting fair-chance employers and certain individuals affected by the criminal justice system (the “Platform”) that allows such individuals searching for fair-chance employment openings, or services or information related to their personal fair-chance employment or job search (each, a “Job Seeker”) to search for and evaluate various job opportunities posted to the Platform (each, a “Job Posting”) by such fair-chance employers (each, an “Employer”) who are using the Platform to search among Job Seekers for qualified candidates for such Job Postings. The Platform is offered via the website located at: https://www.honestjobs.com/ (the “Site”), and the web application located at: https://app.honestjobs.com/ (the “App” and the Site and App are treated as a part of the “Platform” for purposes of these Terms). Any features or functionality available through the Platform offered via the Site and the App are collectively referred to as the “Services”.
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF AND ACCESS TO THE SERVICES. BY CREATING AN ACCOUNT OR ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SITE, APP, PLATFORM, OR SERVICES. FOR PURPOSES OF THESE TERMS, THE TERM “USERS” COLLECTIVELY INCLUDES YOU, ALL EMPLOYERS AND JOB SEEKERS, AS WELL AS ALL OTHER USERS OF THE SERVICES (SUCH AS EACH ADMINISTRATOR AND AUTHORIZED USER OF EACH EMPLOYER).
PLEASE BE AWARE THAT SECTION 10 OF THESE TERMS CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND HONEST JOBS HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE “LAST UPDATED” DATE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND HONEST JOBS TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE ANY CLAIMS AND SEEK RELIEF AGAINST HONEST JOBS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON ANY OF YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR ACCESS OR USE OF THE SITE, APP, PLATFORM, OR SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF COLORADO CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS.
Your use of or access to certain aspects of the Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms or will be presented to you for your acceptance when you sign up to use the supplemental Services. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such aspects of the Services. The Supplemental Terms are incorporated by reference into these Terms.
PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY HONEST JOBS IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Honest Jobs will make a new copy of these Terms available at the Site and via the App. We will also update the “Last Updated” date at the top of these Terms and may provide you with notice through the Platform. Any modifications will be effective immediately upon posting on the Platform or delivery of such notice through the Platform. Honest Jobs may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to all changes after receiving a notice of such changes, you shall stop any use of the Site, App, Platform, and Services. Otherwise, your continued use of the Site, App, Platform, or Services constitutes your acceptance of all such changes. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT VERSION OF THESE TERMS.
SERVICES AND ACCOUNTS.
1. Platform. In the Platform, Employers will provide: a description of the applicable employment opportunity in each active Job Posting they have listed, company- or job-related information or content (including links to third-party websites), and any other information or content they wish to upload (all of which is included in User Content, as defined below) for Job Seekers to browse.
- 2. Job Postings.
a. As a Platform, Honest Jobs does not provide or guarantee any Job Posting listed by an Employer, nor any User Content (as defined in Section 4.1 below) of any Employer or Job Seeker. While Honest Jobs facilitates applications or, in some case interactions, between Job Seekers and Employers, Honest Jobs does not have control over, and cannot confirm the accuracy, completeness, quality, legality, reliability, or availability of, any Job Posting, User Content, or other information submitted by any Employer, Job Seeker, or other User, including the identity of such Employer or Job Seeker, or the integrity, responsibility, or any actions of any such Users or other Users. Honest Jobs assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, and availability of any Job Postings, User Content, Employer profile, Job Seeker Profile, and HJ Resume (each as defined in Section 1.6 below), and any communications via the Services.
b. The Job Postings contained on, or linked from, the Services are indexed or posted in an automated manner. Every time a Job Seeker searches for a job on the Platform, our system analyzes thousands of job descriptions near you. Using our proprietary matching algorithm, ConflixAI, the Services create “smart matches” by taking into consideration your unique criminal history (based on the information you input in your Job Seeker Profile, as further described below) and comparing it to the required job duties specified in the applicable Job Posting. Each Job Posting will display a “ConflixAI Score” which shows a Job Seeker how compatible the particular job is with the Job Seeker’s specific Job Seeker Profile. Notwithstanding the foregoing, Honest Jobs has no obligation to screen any Job Postings, or to include any Job Postings, in its search results or other listings, and may exclude or remove any Job Postings from the Platform, Site, or App, or your search results for any or no reason. You understand and agree that Honest Jobs has no obligation to present you with any or all Job Postings. Additionally, Honest Jobs may provide search options to narrow down Job Posting search results by job type categories (i.e., job title, keywords, city and state, radius, etc.), and such categories may be created independently and entirely by Honest Jobs, and may not directly or accurately reflect the content of the applicable Job Posting. Honest Jobs may reformat any Job Listing so that you may read it more clearly on a mobile phone. Placement of a Job Posting on a certain page is not a representation regarding the nature of the role for legal purposes. While Honest Jobs may in some circumstances be compensated by Employers who post Job Postings or otherwise engage Honest Jobs for direct placement services, helping keep Honest Jobs’ job search free for Job Seekers, all Job Postings are considered advertising. Honest Jobs provides functionality to call a telephone number contained in a Job Posting using the phone application on a mobile device. Honest Jobs cannot guarantee that the extracted phone number is the correct phone number for the Employer or for the Job Posting you are viewing.
- 3. Employer Information. Honest Jobs does not perform diligence on or verify Employers (such as verifying their identity, location, size, or company profile), except for purposes of determining whether an Employer is “Fair Chance Verified” and how many fair-chance hires an Employer has made through the Platform. Until Honest Jobs has verified that an Employer has hired at least one (1) Job Seeker through the Platform, such Employer’s fair chance verification status will show a grey check mark and the text “Pending Verification”. After such verification, such Employer’s fair chance verification status icon and text will change to a green check mark and “Fair Chance Verified”, respectively. Once an Employer has hired at least five (5) Job Seekers through the Platform (as verified by Honest Jobs), such Employer’s fair chance verification status icon will change to a gold check mark, and after ten (10) such verified hires, the icon will change to a gold ribbon. Honest Jobs verifies these hires by corroborating information from the applicable Employer and each applicable Job Seeker hired by such Employer through the Platform. Each party should complete its own due diligence on the other, for example, before moving forward with a job interview (with respect to Job Seekers), or extending an offer of employment or hiring a Job Seeker (with respect to Employers). When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you do not know. HONEST JOBS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
- 4. Account Creation. To use certain aspects of the Services, such as our national Digital Resource Center that helps Job Seekers connect with helpful resources including food, transportation, housing, and more, you must register for an account (“Account”) on the Site or the App and provide certain information about yourself as prompted by the account registration process. For purposes of the ConflixAI algorithm, one of the data points required in creating an Account as a Job Seeker is your “Crime Type” where you will be required to select the best option that describes your criminal conviction, from a list of 87 standard options as well as the option to select “no criminal record”. For clarity, this ConflixAI algorithm will not stop any Job Seeker from applying to any Job Posting; rather, the intent is to help Job Seekers find employment more quickly through a tailored search process that shows a Job Seeker how likely their particular criminal record is to conflict with a Job Posting’s job duties. In creating an Account, we ask that you provide complete and accurate information about yourself and your qualifications, licenses, certifications, and criminal record. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) all information and documents that you include in or upload to your Job Seeker Profile (as defined below), including any HJ Resume (as defined below) are accurate, complete, and up-to-date; and (c) you will maintain the accuracy, completeness, and correctness of all such information. You may delete your Account at any time, for any reason, by emailing firstname.lastname@example.org. Honest Jobs may suspend or terminate your Account in accordance with Section 9. Any suspension or termination of your Account will suspend or terminate, as applicable, the visibility of your Job Seeker Profile and each of your HJ Resumes, on the Services.
- 5. Account Responsibilities. Honest Jobs prohibits the creation of, and you agree that you will not, create an Account for anyone other than yourself or for your own personal purposes, or in the case of an Employer, internal business purposes. You may not impersonate someone else or provide an email address other than your own. You are responsible for all activities that occur under your Account. You agree to immediately notify Honest Jobs of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Honest Jobs will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- 6. Job Seeker Profile and Resume. This Section 1.6 applies to Users who are Job Seekers (and not to Employers or other Users).
a. Upon registering for an Account, you will have the ability to create a job seeker profile, which profile you may update with personal and employment-related information and documents (such as resumes, licensure certifications, credentials, employment history, photos, and other similar information and documentation) (“Job Seeker Profile”). By creating a Job Seeker Profile through the Services, you are requesting and authorizing Honest Jobs to make available your Job Seeker Profile, and each applicable resume included therein, to each Employer whose Job Posting you have applied to via the Services.
b. By completing the resume-style experience section of your Job Seeker Profile (e.g., skills, education, work experience) or uploading a resume through the Services (each, an “HJ Resume”), Honest Jobs may share with you Job Postings that match the contents of your HJ Resume (or components thereof). Currently, the contents of your HJ Resume are used as inputs in Honest Jobs’ proprietary search algorithm (together with other inputs such as your search criteria and certain data applicable to Job Postings) in order to produce the output (if any) of relevant Job Posting results applicable thereto. Honest Jobs assumes no responsibility and disclaims all liability for any information you post, send, or receive through the Services (including your Job Seeker Profile and each HJ Resume and any data and information contained therein). It is your responsibility to review your Job Seeker Profile and each HJ Resume to ensure it contains the right information and any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact Honest Jobs to do so. Honest Jobs reserves the right to limit your ability to set your Job Seeker Profile and/or HJ Resume to public (i.e., public to the Employers), and may toggle such a public profile or resume to private, at any time, to prevent illegal conduct, for fraud mitigation, or for any other reason in Honest Jobs’ discretion.
c. Honest Jobs may also automatically send you recommended jobs via the email address you use to create an Account or through web push notifications via the App. Honest Jobs may determine what these recommended jobs are on the basis of a variety of factors, including any information you input on the Services about yourself (including in your Job Seeker Profile and/or HJ Resume), searches you run on the Services, Job Postings you click on, Employers whose Job Postings you apply to, or Job Postings or Employers that you mark as a ‘Favorite’ (if/when this functionality is offered via the Services).
d. Honest Jobs may also automatically send customer service-related SMS messages to the phone associated with your account (standard text messaging rates from your wireless carrier may apply). You may choose to opt out of receiving text messages at any time by sending the word "STOP" to (614) 585-8682.
- 7. Age and Residency Requirements. To use the Services, you must be: (a) a resident of one the fifty (50) United States of America (“U.S.”) or the District of Columbia; (b) a citizen of the U.S.; and (c) at least eighteen (18) years of age or the age of majority in your state of residence. Notwithstanding the foregoing, if you are under such age of majority, you represent that you have your parent or guardian’s permission to use the Services. Please have them read these Terms with you. If you are a parent or legal guardian of a User under the age of majority, by allowing your child to use the Services, you are subject to these Terms and responsible for such minor’s activity on the Services.
2. ACCESS TO THE SERVICES.
2.1. Grant of Rights. Subject to these Terms, Honest Jobs grants you a non-transferable, non-sublicensable, non-exclusive, revocable, limited right to access the Site, App, and Platform and to use the features and functionality of the Services, including (a) with respect to Job Seekers, to browse Job Postings, make a Job Seeker Profile, create or submit one or more HJ Resumes, and apply to Job Postings, and (b) with respect to Employers, to promote job opportunities at your business and list one or more of your Job Postings via the Services.
2.2. Certain Restrictions. The rights granted by Honest Jobs to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, App, Platform, or Services, whether in whole or in part, or any content displayed on the Site, App, Platform, or Services by other Users or Honest Jobs; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site, App, Platform, or Services; (c) you shall not access the Site, App, Platform, or Services in order to build a similar or competitive website, application, product, or service; and (d) except as expressly stated herein, no part of the Site, App, Platform, or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site, App, Platform, or Services shall be subject to these Terms. All copyright and other proprietary notices on the Site, App, Platform, or Services (or on any content displayed on the Site, App, Platform, or Services) must be retained on all copies thereof.
2.3. Changes to the Services. Honest Jobs is constantly changing and improving the Services. We may also need to alter or discontinue the Services, or any part of it, in order to make performance or security improvements, change functionality or features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all Users, some Users, or even an individual User. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Services that will have an adverse impact on the use of our Services. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security or operability of our Services, prevent abuse, or comply with legal requirements.
2.4. Ownership of the Platform and Services. Excluding your User Content, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Platform and Services (including any content on either of the foregoing) are owned by Honest Jobs or Honest Jobs’ suppliers. Neither these Terms (nor your access to or use of the Site, App, Platform, or Services) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited use and access rights expressly set forth in Section 2.1. Honest Jobs and its suppliers reserve all rights in and to the Platform and Services not granted in these Terms. There are no implied licenses in or to the Platform or Services granted under these Terms. Using the Platform or Services does not give you ownership of or rights to any aspect of the Platform or Services, including usernames or any content displayed on the Site, App, Platform, or Services by other Users or Honest Jobs.
2.5. Open Source. Some software used in the Platform or Services may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these Terms, so please be sure to read those licenses.
2.6. Feedback. You hereby grant to Honest Jobs a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Platform or Services any suggestions, enhancement requests, recommendations, or other feedback you provide relating to the Platform or Services (“Feedback”). Honest Jobs will treat any Feedback you provide to Honest Jobs as non-confidential and non-proprietary. You agree that you will not submit to Honest Jobs any information or ideas that you consider to be confidential or proprietary.
2.7. Employer Conditions. As an Employer, when listing any Job Posting, responding to a Job Seeker’s Job Posting application, and communicating with a Job Seeker via the Services, you agree to comply with any applicable rules we make available on the Platform and further agree that your Job Postings may not be immediately searchable by keyword or category and that we strive to create a Platform where Users can find what they are looking for; as a result, the appearance or placement of any such listing in search and browse results will depend on a variety of factors, including, without limitation: (i) a Job Seeker’s location, search query, and history; (ii) a Job Seeker’s unique criminal history (if any); (iii) listing format and relevance to a Job Seeker’s query; (iv) Job Seeker Profiles and HJ Resumes; and (v) the number of listings matching the Job Seeker’s query.
2.8. Job Seeker Conditions. As a Job Seeker, when making a Job Seeker Profile or HJ Resume, searching or responding to a Job Posting, and communicating with an Employer via the Services, you agree to comply with any applicable rules we make available on the Platform.
4.1. User Content.
a. Generally. “User Content” means any and all information and content that a User makes available in connection with their use of the Services, including: Job Listings and descriptions contained therein, videos, audio, graphics, photos, text (such as comments), messages, branding (including trade names, trademarks, service marks, or logos), Job Seeker Profiles, HJ Resumes, and other materials in connection therewith. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including by other Users. Honest Jobs is under no obligation to host or serve your User Content. If you see any User Content that you believe does not comply with these Terms, including by violating the Acceptable Use Policy (as defined in Section 4.4), you can report it to Honest Jobs by emailing us at email@example.com. You represent and warrant that your User Content does not violate our Acceptable Use Policy.
b. Uploading Content. If you are an Employer or a Job Seeker, you may upload User Content to the Services. If you choose to upload User Content, you must not upload any User Content that does not comply with these Terms (including the Acceptable User Policy). For example, the User Content you upload must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You represent and warrant that any User Content you upload to the Services does not infringe on the rights of any third party. Honest Jobs may use automated systems that analyze your User Content to help detect infringement or abuse, such as spam, malware, and illegal content.
c. Removing Content. You must remove your User Content (or applicable parts thereof) if you no longer have the rights required by these Terms. If we reasonably believe that any of your User Content is in breach of these Terms or may cause harm to Honest Jobs, any User, or any other third party, we may remove or take down that User Content in our discretion. We will use reasonable efforts to notify you with the reason for any such removal or take down, unless we reasonably believe that to do so: (i) would violate the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Honest Jobs; (ii) would compromise an investigation or the integrity or operation of the Services; or (iii) would cause harm to any User, other third party, or Honest Jobs.
4.2. License. You retain ownership rights in your User Content. However, we do require you to grant certain rights to Honest Jobs and other Users of the Services, as described below. By making available your User Content in connection with your use of the Services, you grant to Honest Jobs a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use your User Content (including to reproduce, distribute, prepare derivative works, display, and perform it) for the purposes of promoting, operating, providing, and improving the Platform and Services to and for you and our other Users. You also grant to each other User of the Services a worldwide, non-exclusive, royalty-free license to access your User Content through the Platform and Services and to use your User Content in connection with such User’s use of the Platform and Services. The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your User Content from the Platform. You understand and agree, however, that Honest Jobs may (but is not obligated to) retain, but not display, distribute, or perform, server copies of your User Content that have been removed or deleted.
4.3. Copyright Infringement Claims. It is Honest Jobs’ policy to terminate the Account of any User who repeatedly infringes copyright upon prompt notification to Honest Jobs by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Platform of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Honest Jobs’ Copyright Agent for notice of claims of copyright infringement is as follows: by email at: firstname.lastname@example.org, or by postal mail at: Honest Jobs, Inc., Attn: Legal – Harley Blakeman, 3000 Lawrence St., Denver, CO 80205.
4.4. Acceptable Use Policy. The following terms constitute our ”Acceptable Use Policy”:
a. You agree, represent, and warrant not to: use the Platform or Services to collect, upload, transmit, display, distribute, or otherwise make available any User Content (including videos, comments, and links), process any data you receive in connection with your use of the Platform or Services, or otherwise use the Platform or Services in any manner, that (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, or is otherwise objectionable; (iii) promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iv) is harmful to minors in any way; or (v) is in violation of any law, regulation, or obligation or restriction imposed by any third party.
b. You agree, represent, and warrant not to: (i) upload, transmit, or distribute to or through the Platform or Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) use the Platform or Services to harvest, collect, gather, or assemble information or data regarding other Users, including email addresses, without their consent; (iii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform or Services, or violate the regulations, policies, or procedures of such networks; (iv) attempt to gain unauthorized access to the Platform or Services (or to other computer systems or networks connected to or used together with the Platform or Services), whether through password mining or any other means; (v) harass or interfere with any other User’s use and enjoyment of the Platform or Services; (vi) use software or automated agents or scripts to produce multiple Accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platform or Services; (vii) misuse any reporting, flagging, complaint, dispute, or appeals process made available via the Platform or Services, including by making groundless, vexatious, or frivolous submissions; (viii) use the Platform or Services to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations; (ix) run contests on or through the Platform or Services; or (x) use the Platform or Services to sell any advertising, sponsorships, or promotions.
c. While using the Platform and Services, you agree to treat all other Users with respect.
d. You represent and warrant that by using the Platform or Services, including making a Job Seeker Profile or HJ Resume (with respect to Job Seekers), listing a Job Posting (with respect to Employers), and granting the licenses as required herein; you have all necessary rights and authority to use the Platform and Services and to perform your obligations hereunder, and your use of or access to the Platform or Services will not violate any applicable laws, rules, regulations, or any other agreement you may have with a third party.
5. INDEMNIFICATION. To the extent permitted by applicable law, you agree to indemnify and hold Honest Jobs (and its officers, directors, employees, and agents) harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees) arising from (a) your use of or access to the Site, App, Platform, or Services, (b) your User Content, Job Postings, Job Seeker Profile, or HJ Resumes (each as applicable), (c) your violation of these Terms, or (d) your violation of any applicable laws, rules, or regulations. Honest Jobs reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Honest Jobs. Honest Jobs will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
6. THIRD-PARTY LINKS; OTHER USERS; AND RELEASE.
b. You acknowledge and agree that Honest Jobs has no control over an Employer or its website. You agree to Honest Jobs’ use of, and receipt of, information from any Employer who otherwise informs us about any completed application and any corresponding hiring.
6.2. Other Users. You are solely responsible for your communications and interactions with other Users (Job Seekers, Employers, or otherwise) and any other parties with whom you interact; provided, however, that Honest Jobs reserves the right, but has no obligation, to intercede in such disputes. You acknowledge and agree that Honest Jobs will not be responsible for any liability incurred as the result of such interactions. Neither Employers nor Job Seekers are affiliated with Honest Jobs. All matters concerning a Job Posting provided by an Employer, including warranties and guarantees are solely between each applicable Job Seeker and Employer. Honest Jobs makes no warranties or representations whatsoever with regard to any Job Posting, Job Seeker Profile, HJ Resume, or User Content. Each User (whether an Employer or a Job Seeker) acknowledges and agrees that Honest Jobs does not make any attempt to verify the information provided by any Job Seeker or Employer via the Platform or Services (including licenses, certifications, skill or competence levels, or criminal record of a Job Seeker, or the requirements or salary information in a Job Posting). You will not consider Honest Jobs, nor will Honest Jobs be construed as, a party to any Job Posting or any employment or engagement initiated therefrom, whether or not Honest Jobs may have received some form of revenue or other remuneration in connection with the Job Posting, or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the Job Posting or any employment or engagement initiated therefrom. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, accuracy, content, completeness, reliability, operability, availability, or legality of a Job Posting (including the information and material contained therein), an Employer’s or Job Seeker’s User Content, the ability of an Employer to provide the employment advertised in a Job Posting, or that an Employer or Job Seeker will actually agree to the performance or employment contemplated in such Job Posting. You will not hold Honest Jobs responsible for any User’s User Content, actions or inactions, Job Posting, Job Seeker Profile, or HJ Resume offered.
6.3. Release. Honest Jobs is not responsible for the actions, content, information, or data of Users or other third parties. If you have a dispute with one or more Users (including any Job Seeker or Employer) or other third parties, you release Honest Jobs (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. You have been made aware of, and understand, the provisions of California Civil Code Section 1542 ("Section 1542"), and expressly waive and relinquish all rights and benefits afforded by Section 1542, and in so doing understand and acknowledge the significance of such specific waiver of Section 1542 that reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
7.1. OTHER THAN AS EXPRESSLY STATED IN THESE TERMS OR AS REQUIRED BY LAW, THE SITE, APP, PLATFORM, AND SERVICES, AS WELL AS ALL JOB POSTINGS, JOB SEEKER PROFILES, HJ RESUMES, USER CONTENT, PRODUCTS, FEATURES, AND SERVICES AVAILABLE ON OR THROUGH THE PLATFORM OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND HONEST JOBS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES, OR GUARANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. HONEST JOBS AND ITS SUPPLIERS MAKE NO WARRANTIES: (A) ABOUT THE USER CONTENT PROVIDED THROUGH THE SERVICES; (B) THE SPECIFIC FEATURES OF THE SITE, APP, PLATFORM, OR SERVICES, OR THEIR ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; (C) THAT ANY USER CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE PLATFORM OR SERVICES; (D) THAT USE OF THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE; (E) ABOUT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED IN OR LINKED FROM THE PLATFORM OR SERVICES (INCLUDING JOBS POSTINGS, JOB SEEKER PROFILES, HJ RESUMES, AND USER CONTENT) OR OTHERWISE MADE AVAILABLE ON THE SITE, APP, PLATFORM, OR SERVICES BY HONEST JOBS OR THIRD PARTIES, REGARDLESS OF WHETHER PAID FOR OR USED FOR FREE; (F) ABOUT THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, APP, PLATFORM, OR SERVICES, AND ALL MATERIALS, INFORMATION, JOB POSTINGS, JOB SEEKER PROFILES, HJ RESUMES, USER CONTENT, FEATURES, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE, APP, PLATFORM, OR SERVICES; OR (G) ABOUT THE GOODS, SERVICES, OR EMPLOYMENT ADVERTISED OR RECEIVED ON OR THROUGH THE SITE, APP, PLATFORM, OR SERVICES OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY HONEST JOBS.
7.2. HONEST JOBS MAKES NO WARRANTY THAT THE JOB POSTINGS, JOB SEEKER PROFILES, HJ RESUMES, OR USER CONTENT PROVIDED BY ANY EMPLOYER OR JOB SEEKER, AS APPLICABLE, WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HONEST JOBS MAKES NO WARRANTY REGARDING THE QUALITY, SAFETY, OR LEGALITY OF ANY SUCH JOB POSTING, JOB SEEKER PROFILE, HJ RESUME, OR USER CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION REGARDING OR CONTAINED IN SUCH JOB POSTINGS, JOB SEEKER PROFILES, HJ RESUMES, OR USER CONTENT.
7.3. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA (INCLUDING JOBS POSTINGS, JOB SEEKER PROFILES, HJ RESUMES, AND USER CONTENT) THROUGH THE USE OF THE SITE, APP, PLATFORM, OR SERVICES 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.
8. LIMITATION ON LIABILITY.
8.1. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL HONEST JOBS (OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, OR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE APP, PLATFORM, SERVICES (INCLUDING, WITHOUT LIMITATION, ON ACCOUNT OF A USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE, APP, PLATFORM, OR SERVICES), OR THESE TERMS, WHETHER OR NOT HONEST JOBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
8.2. HONEST JOBS’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE APP, PLATFORM, OR SERVICES OR THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS (USD $50), AND (B) THE AMOUNT YOU PAID HONEST JOBS TO ACCESS OR USE THE PLATFORM AND SERVICES. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT HONEST JOBS’ SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SITE, APP, PLATFORM, SERVICES, OR THESE TERMS.
8.3. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HONEST JOBS AND YOU.
9. ACCOUNT SUSPENSION AND TERMINATION
9.1. Termination by You. You may stop using the Platform and Services at any time. You may delete your Account at any time, for any reason, by emailing email@example.com which may involve the removal of all data in your Account and, any User Content you uploaded to, or otherwise provided through, the Services.
9.2. Termination or Suspension by Honest Jobs. Honest Jobs may suspend or terminate your access, your Account, or your Account’s access to all or part of the Site, App, Platform, or Services if: (a) you materially or repeatedly breach these Terms; (b) we are required to do so to comply with a legal requirement or a court order; (c) we believe there has been conduct that creates (or could create) liability or harm to any User, other third party, or Honest Jobs; or (d) Honest Jobs believes, in its sole discretion, that provision of the Services to you is no longer commercially viable.
9.3. Notice for Termination or Suspension. We will notify you with the reason for termination or suspension by Honest Jobs unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Honest Jobs; (b) would compromise an investigation or the integrity or operation of the Services; or (c) would cause harm to any User, other third party, or Honest Jobs.
9.4. Effect of Termination or Suspension. If your Account is terminated or your Account’s access to the Platform or Services is restricted, you may have the ability to continue using certain aspects of the Services (such as viewing only) without an Account, and these Terms will continue to apply to such use. If you believe your Account has been terminated in error, you can contact us at firstname.lastname@example.org. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2, 2.4, 2.6, and 3–11.
10. DISPUTE RESOLUTION. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. It requires you to arbitrate disputes with Honest Jobs and limits the manner in which you can seek relief from Honest Jobs.
10.1. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access to or use of the Site, App, Platform, or Services or to any aspect of your relationship with Honest Jobs, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, and (2) you or Honest Jobs may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the “Last Updated” date of these Terms or any prior version of these Terms.
10.2. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Harley Blakeman, Attn: Honest Jobs, Inc., 3000 Lawrence Street, Office 117, Denver, CO 80205. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’ rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’ filing, administrative, hearing, or other fees and you cannot obtain a waiver from JAMS, Honest Jobs will pay them for you. In addition, Honest Jobs will reimburse all such JAMS filing, administrative, hearing, and other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
10.3. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement, and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Honest Jobs. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including this Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Honest Jobs.
10.4. Waiver of Jury Trial. YOU AND HONEST JOBS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Honest Jobs are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 10.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
10.5. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If a decision is issued stating that applicable law precludes enforcement of any of this Subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the state or federal courts located in the State of Colorado. All other claims shall be arbitrated.
10.6. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to Honest Jobs, Inc., Attn: Legal, 3000 Lawrence Street, Office 117, Denver, CO 80205, or email@example.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter into in the future, with Honest Jobs.
10.7. Severability. Except as provided in Section 10.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Arbitration Agreement shall continue in full force and effect.
10.8. Survival of Agreement. This Arbitration Agreement will survive the termination or expiration of your relationship with Honest Jobs.
10.9. Modification. Notwithstanding any provision in these Terms to the contrary, the parties agree that if Honest Jobs makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Honest Jobs at firstname.lastname@example.org with a subject line that must include “Arbitration Agreement Notice”.
11.1. International Users. The Site, App, Platform, and Services can be accessed from countries around the world and may contain references to Services that are not available in your country. These references do not imply that Honest Jobs intends to announce such Services in your country. The Site, App, Platform, and Services are only intended for use in, and are controlled and offered by Honest Jobs from its facilities in, the U.S.. Honest Jobs makes no representations that the Site, App, Platform, or Services are appropriate or available for use in other locations. Those who access or use the Site, App, Platform, or Services from other countries do so at their own volition and are responsible for compliance with local law.
11.2. Exclusive Venue. To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Honest Jobs agree that all claims and disputes arising out of or relating to these Terms will be litigated exclusively in the state or federal courts located in the State of Colorado.
11.3. Governing Law. These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Colorado, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
11.4. Export. The Site, App, Platform, or Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Honest Jobs, or any products utilizing such data, in violation of the U.S. export laws or regulations.
11.5. Electronic Communications. The communications between you and Honest Jobs use electronic means, whether you use the Site, App, Platform, or Services or send us emails, or whether Honest Jobs posts notices on the Site, App, Platform, or Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Honest Jobs in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Honest Jobs provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
11.6. Notice. Where Honest Jobs requires that you provide an email address, you are responsible for providing Honest Jobs with your most current email address. In the event that the last email address you provided to Honest Jobs is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms, Honest Jobs’ dispatch of the email containing such notice will nonetheless constitute effective notice. Except as otherwise noted, you may give notice to Honest Jobs at the following postal address: Honest Jobs, Inc., Attn: Legal – Terms of Service, 3000 Lawrence Street, Denver, CO 80205, or email address: email@example.com. Such notice shall be deemed given when received by Honest Jobs by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above postal address or, with respect to emails, upon confirmation that the email was received.
11.7. Force Majeure. Honest Jobs shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, pandemic, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
11.8. Entire Agreement. These Terms constitute the entire agreement between you and Honest Jobs regarding the access to or use of the Site, App, Platform, or Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The Section titles in these Terms are for convenience only and have no legal or contractual effect. Any reference in these Terms to the words “include”, “includes”, and “including” mean “include”, “includes”, and “including” in each case, “without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Honest Jobs is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Honest Jobs’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Honest Jobs may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
11.9. Questions, Complaints, Claims. If you have any questions, complaints, or claims with respect to the Site, App, Platform, or Services, please contact us at firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
11.10. Copyright/Trademark Information. All trademarks, logos, and service marks (“Marks”) displayed on the Site, App, or Platform or within the Services are our property or the property of others, such as an Employer’s. Except as expressly set forth in these Terms, you are not permitted to use these Marks without our prior written consent or the consent of such party which may own the Marks.
11.11. Contact Information:
Honest Jobs, Inc.
Attn: Legal – Terms of Service
3000 Lawrence Street, Denver, CO 80205