Joblist Logo
Post a JobLog In
Joblist Logo
Find JobsLog InSign Up
Post a Job

Terms and Conditions

Welcome to Joblist.com. The Joblist.com website and any associated mobile and software applications on which these Terms of Service Agreement (“Terms”) are posted (together, the "Website" or "Service") is comprised of various web pages operated by Joblist LLC ("Joblist," "us," "we," or "our"). "You" or "Your" refer to "Job Seekers" who are searching or applying for jobs, "Employers" who are posting jobs (including both the individual user posting the job opportunity and any company or business identified in the job posts), or any other users who are accessing or using the Service. The Service is offered to you conditioned on your acceptance without modification of these Terms. These Terms constitute a legally binding agreement between Joblist and you concerning your use of the Service. We encourage you to print these Terms or save them to your device or computer for reference.

Disclaimer for Third-Party Content

Our Service enables you to search, save, and receive updates for job postings made available by third parties. Job Seekers may also apply for jobs, and Employers may post jobs, through the Service. If you select a job posting that redirects to an external third-party website, you will be redirected to that website for more information. If an Employer has posted a job using the Service, you may review and apply for that job as outlined below. You acknowledge and agree that we are a listing service only and have no responsibility for the content or accuracy, completeness, or lawfulness of the listings or the jobs they may describe. You are solely responsible for investigating the job postings you choose to select.

We do not own or control the posts listed on the Service. Joblist may review Employer posts in its discretion, but it is not responsible for screening or censoring third-party job postings or content. Joblist does not control the hiring process or communications between consumers and any third-party employers. Joblist makes no representations or warranties regarding any third-party content, including job postings or applications. Under Section 230 of the Communications Decency Act (and similar laws), Joblist is a platform service and not the publisher or speaker of any third-party content.

Dispute Resolution

This section outlines how you and Joblist will handle disputes arising from these Terms, the Privacy Policy, or the Service or Website. It is crucial that you read this section carefully.

Claims and Governing Law. A "Claim" refers to any claim or dispute between you and us or any third-party beneficiary, arising from these Terms, the Privacy Policy, and the Service. These Terms, including the interpretation and enforcement of this dispute resolution provision and any Claims, shall be exclusively governed by the Federal Arbitration Act, federal arbitration law, and, if not inconsistent, the laws of the State of Florida, excluding choice of law rules. If you agree to a Provider’s separate terms, those terms will control with respect to any claims between you and the Provider, if inconsistent with these terms.

Informal Dispute Process. Our goal is to resolve all Claims to optimize customer satisfaction. Before seeking arbitration relief, you agree to first notify our Customer Service Department to attempt to resolve any Claims against us. You can reach us at legal@joblist.com. Participating in this informal process is a prerequisite to initiating arbitration or small claims court proceedings, to the fullest extent permitted by applicable laws.

Mandatory Pre-Arbitration Notice Procedure. If the Claim is not resolved through our Informal Dispute Process, the aggrieved party (“Claimant”) must follow this Pre-Arbitration Notice Procedure before commencing arbitration:

  • The Claimant must send the other party a formal written Notice of the Claim by certified mail at 1172 S Dixie Hwy, #570, Coral Gables FL 33146 and email to legal@joblist.com.
  • The Notice must contain the Claimant's full name, address, email, description of relevant facts and basis of the Claim, damages and recovery sought, and a signed statement verifying the accuracy of the information.
  • After receiving the Notice, the parties will negotiate in good faith to resolve the dispute for 30 days, which may include an individualized video conference or phone call attended by both parties. Optionally, in addition to both parties, a party’s attorney may also attend this individualized video conference or phone call. The parties agree to work together cooperatively to schedule this individualized video conference or phone call as soon as possible after the receipt of the Notice.
  • If no agreement is reached within 30 days, the Claimant may commence arbitration proceedings.
  • Compliance with the Informal Dispute Process and the Mandatory Pre-Arbitration Notice Procedure is a condition precedent to initiating arbitration. Statutes of limitations are tolled during the Informal Dispute Process and the Mandatory Pre-Arbitration Notice.
  • If the Claimant does not comply with the Notice Procedure, a court, upon request by a party, must enjoin an arbitration filing or continued prosecution, and an arbitration administrator cannot initiate or assess fees related to the arbitration. If a party commences an arbitration prior to completing the Notice Procedure, the arbitration provider shall administratively close the arbitration. Furthermore, a party may seek damages from any party who does not comply with the Mandatory Pre-Arbitration Notice procedure.

Arbitration Agreement. The parties agree that any unresolved Claims will be resolved exclusively through final and binding arbitration according to the following terms, except as otherwise provided further below:

  • Claims will only be resolved through arbitration, not in a court of law.
  • Arbitration will be governed by applicable National Arbitration & Mediation (“NAM”) rules, as modified by this arbitration agreement, and administered by NAM or another provider that is agreed-upon or appointed by a court. The NAM rules include the Comprehensive Dispute Resolution Rules and Procedure and the Supplemental Rules for Mass Arbitration, as may be amended by these Terms. You may find the NAM rules online at www.NAMADR.com. You may find the form to start an arbitration on the NAM website.
  • Arbitration will be conducted before a single arbitrator who will resolve any Claims, as well as any disagreements regarding the scope, enforceability, formation, interpretation, applicability, enforceability, voidness, or voidability of these Terms or the dispute resolution provisions of the Terms. All remedies will be available to the arbitrator, and the arbitration decision will be final and binding.
  • The arbitration will be conducted in person in the county where you live or at another mutually agreed location, and may be conducted by telephone, videoconference, or written submissions upon request.
  • Payment of fees will be governed by the NAM Rules, unless you qualify for a fee waiver under applicable law. Each party shall pay its own attorneys' fees, unless otherwise required by statute.
  • The arbitrator may consolidate multiple related arbitrations upon request, but cannot preside over any form of representative or class proceeding unless all individuals have initiated and are currently pursuing arbitration under this Agreement.
  • As in court, counsel representing a party in arbitration certifies compliance with Federal Rule of Civil Procedure 11(b), and the arbitrator is authorized to impose sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law.

Limitations to Arbitration

  • Instead of arbitration, you or we may bring any individual Claim in small claims court, but only if the Claim(s) are brought on an individual basis and are below the statutory maximum amount permitted in small claims court.
  • If you choose to pursue the Claim(s) in a small claims action, it may only be filed in the country of your residence or in Miami-Dade County, Florida.
  • Nothing in this section will limit either party's ability, if and as allowed by applicable law, to seek injunctive relief in aid of arbitration or a "public injunction" in a court of competent jurisdiction or to seek to compel arbitration, stay a case during arbitration, or enter judgment on, confirm, modify, or vacate an arbitration award.
  • Arbitration is required if you reside or bring a Claim in the United States or any country that enforces arbitration agreements. If you are not bringing a Claim in, and are not a resident of, the United States, you may be allowed to file a Claim in a court of competent jurisdiction on an individual basis in the city in which you reside under the laws of that city, after completing the Informal Dispute Process and the Mandatory Pre-Arbitration Notice Procedure.

Class Action Waiver

THIS AGREEMENT LIMITS YOUR RIGHTS TO BRING CLAIMS IN COURT OR AS PART OF A CLASS ACTION. BY ACCEPTING THESE TERMS, YOU AGREE THAT ALL CLAIMS MUST BE BROUGHT IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE THE RIGHT TO PARTICIPATE AS A CLASS MEMBER OR REPRESENTATIVE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT JOIN OR CONSOLIDATE CLAIMS FROM MULTIPLE PARTIES, MAY NOT PRESIDE OVER ANY CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION, AND MAY NOT AWARD RELIEF BEYOND WHAT'S NECESSARY FOR THE INDIVIDUAL CLAIM. THIS WAIVER OF CLASS ACTION RIGHTS IS A CRUCIAL PART OF THIS AGREEMENT. IF THIS WAIVER IS FOUND TO BE LIMITED OR VOID, THE ENTIRE ARBITRATION AGREEMENT BECOMES NULL AND VOID, SUBJECT TO APPEAL. YOU ACKNOWLEDGE THAT WITHOUT THESE TERMS, YOU WOULD HAVE THE RIGHT TO SUE IN COURT WITH A JURY. BY AGREEING TO THESE TERMS, YOU ARE KNOWINGLY WAIVING THESE RIGHTS IN FAVOR OF INDIVIDUAL ARBITRATION.

This dispute resolution provision applies equally to all parties and shall not be interpreted to the disadvantage of the party who drafted it. If any part of this provision is found to be unenforceable, that specific part shall be severed from the agreement. The remaining portions of the agreement will continue to be valid and enforceable to the fullest extent permitted by law.

Privacy

Your use of the Service is subject to Joblist's Privacy Policy, which forms a part of these Terms. Please review our Privacy Policy, which also governs the Service and informs users of our data collection practices.

Availability, Errors, and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. While Joblist reserves the right to remove content from the Service, such as for errors or violating these Terms, it does not assume any obligation to do so and disclaims any liability for failing to do so.

Billing; No Refunds (Absent Limited Exception)

Employers posting a job on Joblist agree to pay the entire amount due at checkout and any applicable taxes (minus any deduction for coupons, which have no cash value). If there is a conflict between any specific billing or other job posting terms at checkout and these Terms, the terms at checkout will apply. Payments are handled through Stripe, and you consent to your payment method to be charged for all outstanding amounts. You agree to only provide accurate and complete billing and payment information; and you represent that you are authorized to use the payment method for your purchase. You agree that Joblist is entitled to interest at the highest rate permitted by law plus fees and costs incurred in collecting any due payments. You further agree that your purchase may be subject to currency or exchange fees, depending on your location.

Employers agree to pay fees outlined at the time of purchase or renewal. Some listings may be offered on a subscription basis and will automatically renew for recurring periods. By selecting a subscription, you agree that your credit or debit card or payment method on file will continue to be charged for additional subscription periods until you cancel. You may cancel at any time by clicking the link in your confirmation or renewal email or by emailing us at support@joblist.com before the next renewal period with your email address used to purchase the subscription.

Cancellations are effective on the next billing date. You will not receive a prorated fee or refund if you cancel your subscription in the middle of a payment period. Once cancelled, you will lose access to the respective subscription services, and your subscription will end. We may change the subscription plan fees but only upon notice to you with an opportunity to cancel.

There are no refunds, except in cases, in Joblist's sole reasonable discretion, involving material posting errors that were caused solely by Joblist that were not remedied within 5 days of your reporting of those errors to us. There will be no refunds in any other circumstances, including if Employers close job postings early or if your account or posting is terminated for cause.

Accounts and Features

General. If you create an account, such as through email or Google or other third-party sign-up, you warrant that your information is accurate and authorized. If you have an account for both Job Seeker and Employer capabilities, you may switch between your account modes in your settings. You are solely responsible for your account activity, including any job postings or applications, purchases, and confidentiality; you must notify us of suspicious or unauthorized account or other activity relating to the Service, and we disclaim all liability for use of your account. You are responsible for all activity related to your account, and you should not share login credentials. We retain the right to terminate or suspend your account or remove your content, such as if you violate these Terms or any applicable laws.

Job Seekers. Job Seekers may apply for jobs through the Service, either through their account, by providing information through the Service, or by clicking a job posting to be redirected to a third-party website for further action, depending on the type of Employer listing. Unless Job Seekers are redirected to a third-party website, Job Seekers will be requested to provide their name, resume (which may be uploaded and virus scanned or manually typed using a text field), and other information, which will be provided to the respective Employer(s). Please carefully choose what to submit as Job Seekers cannot see or manage their applications after they are submitted. You should ensure that your contact information, resume, and any content that you provide are all accurate and complete, and that they do not contain any sensitive personal information or content that you do not want disclosed.

Employers. Employers may list job postings through the Service, either through their account or guest checkout, for the time period and price as outlined at the time of purchase. Employers agree to provide all required information to post a job, including billing information, and agree that all job postings will comply with these Terms and all applicable laws, including in the jurisdiction where the job is solicited and to be performed and where you are located. Job postings will be promptly (but not immediately) posted and may be reviewed and/or removed for violation of these Terms. Employers may choose to receive Job Seeker applications by email or to have Job Seekers redirected to an external URL provided by the Employer. If Employers use a Joblist account, they may log in to view, edit, and close their job postings, view receipts for purchased job postings, and view drafts of job postings before purchase. In Joblist's discretion, Joblist may share Employer job postings with its partners for purposes of further publication of the respective job posting(s). Employers agree to only use Job Seeker information obtained through the Service in strict confidence for the sole purpose of seeking qualified candidates for jobs. Employers may not sell or disclose application information, including resumes, to third parties or "spam" or contact Job Seekers for purposes other than fulfilling the job posting. Employers further agree to implement appropriate measures to prevent unauthorized or illegal processing of consumers' personal information, to protect such information against loss or damage, and to comply with applicable data privacy and security laws and standards, including by posting an accurate privacy policy on any websites that redirect from the Service and maintaining reasonable data security protocols to protect Job Seeker data. If you are using the Service on behalf of a business that provides evidence that you are not authorized to act on its behalf, we may remove you from associated accounts.

Joblists. As part of the Service, you may be able to create, use, edit, and publicize "joblists" with available job postings through your account. You are also solely responsible for your activity relating to joblists and warrant that all your actions are lawful and authorized, including as a list owner or collaborator, and including if you invite other users, opt in to share the joblist through a public link, or view or edit content, and we disclaim all liability for use of any joblist. For more information, see our Privacy Policy.

Prohibited Activities

General. In using the Service you agree not to: (i) copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) use any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional online website; (iii) transmit spam, chain letters, or other unsolicited email; (iv) attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; (v) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure; (vi) upload invalid data, viruses, worms, or other software agents through the Service; (vii) collect or harvest any personally identifiable information from the Service, except as expressly permitted by the features of the Service; (viii) use the Service for any commercial solicitation purposes without our express prior consent; (ix) impersonate another person or otherwise misrepresent your affiliation with a person or entity, including in creating and using an account, conducting fraud, hiding, or attempting to hide your identity; (x) interfere with the proper working of the Service; (xi) access any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) create, use, edit, or publicize an account or any content, including a "joblist," Job Seeker application, or Employer post, without proper authorization; (xiv) provide any false, misleading, or unlawful information to us or in connection with the Service; (xv) use the Service in any way that violates these Terms or any applicable law, infringes the rights of third parties, or constitutes fraud, abuse, or harassment; or (xvi) use or monitor the Service for any competitive commercial purpose.

Job Seekers. Job Seekers further agree to only submit applications using real, accurate information about themselves and to only use the Service in compliance with these Terms and all applicable laws. By applying for a job using the Service, Job Seekers consent to their job application being shared with third parties interested in contacting them about their application.

Employers. Employers further agree to comply with all requirements for job postings, as outlined in these Terms, and with all applicable laws.

Job Postings

Employers may only post listings for bona fide paid jobs for qualified individuals. Each posting may only correspond to one open job opportunity or position. Employers agree they have all appropriate intellectual property and other rights to post content using the Service, including to any trademarks, logos, and copyrights, and to provide any licenses outlined in these Terms. Employers should use easily understandable language and describe the required duties, qualifications, and compensation, including, if applicable, any part time, independent contractor, or commission terms. Employers agree to not post any jobs if the job or listing will violate these Terms or any applicable laws. In particular, Employers may not use the Service to post the following:

  • Listings where no current job opening exists as stated;
  • Listings where any content or job (including any listed eligibility requirements) violates any labor, employment, anti-discrimination, equal opportunity, data privacy, or intellectual property laws or standards;
  • Opportunities where individuals need to pay prior to consideration;
  • Multi-level marketing opportunities (or "MLMs") or pyramid schemes;
  • Unpaid positions, focus groups, or survey opportunities;
  • Advertisements of any kind (other than as part of the job posting);
  • Infringing content or content that you do not have permission to share;
  • Requirements for individuals to forward sensitive personal information;
  • Listings aimed at or collecting information about children;
  • Solicitations for businesses or business opportunities;
  • Solicitations for sexually-oriented services or goods;
  • Opportunities in countries subject to economic sanctions by the U.S.;
  • Content or links that contain any false or misleading information;
  • Content or links that are unlawful, defamatory, threatening, exploitative, obscene, lewd, violent, harassing, inappropriate, or objectionable or that does not relate to a legitimate job posting (for example, keywords that are not related to the job posting); or
  • Listings seeking to collect contact information for resale or any purpose other than hiring for the specific role outlined in the job posting.

If you are an Employer posting a job through the Service, it is your responsibility to ensure that your posting and job comply with all applicable laws. Employers agree that they are solely responsible for any liability arising out of their job posting and any material arising out of such posting, including email responses or links to which Job Seekers are redirected, and that they will defend and indemnify Joblist for any related claims as outlined below. While Employers may include those hiring for their own organization as well as recruiters, staffing agencies, etc., anyone posting a job through the Service agrees to comply with these Terms on behalf of themself as well as the hiring organization and to defend and indemnify Joblist for any job posting.

Job postings and applications are subject to review, including for compliance with these Terms and for viruses or other harmful content, and subject to rejection and removal. However, Joblist is under no obligation to review or take action against any content and has no liability for third-party content.

Employers agree that Joblist may be unable to remove job postings and other content (including intellectual property) once they have been distributed to the public, including to partners for listing jobs or search engines.

Assumption of Risk

Joblist is not responsible for reviewing third-party content, including Employer or Job Seeker content. You accept that, by using the Service, you may be exposed to content that is inaccurate, incomplete, misleading, offensive, or contrary to your needs or applicable laws; and you understand that there are risks when dealing with other parties online. You assume those risks and all risks of using the Service. It is your responsibility to conduct your own due diligence, including through any interviews, research, and reference checks, and you are solely responsible for your interactions with other users, for job postings and applications, and for any hiring or acceptance of a job. Further, Joblist is not responsible for storing or maintaining any information, subject to applicable laws, and you should make and keep copies of your own data.

Children

The Service is directed to users who are 18 or older and otherwise competent to enter into lawful contracts under applicable law. By using the service, you agree that you are 18 years or older and are competent to enter into contracts. Joblist does not knowingly collect, either online or offline, personal information from persons under the age of 13.

No Unlawful or Prohibited Use; Intellectual Property

You are granted a non-exclusive, non-transferable, limited, revocable license to access and use the Service subject to your strict compliance with these Terms. As a condition to your use of the Service, you warrant to Joblist that you will not use the Service for any purpose that is unlawful or prohibited by these Terms or applicable law. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service, or interfere with any other party’s use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.

Joblist's Service, logos, websites, domains, text, graphics, software, images, trademarks, copyrights, content and features, functionality, source code, arrangement, and other parts of the Service, exclusive of user or third-party content, are the exclusive intellectual property of and owned by Joblist or its licensors; and the Service and its features and functionality are and will remain the exclusive property of Joblist and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Joblist.

This notwithstanding, as between you and Joblist, you will remain the owner of your content, including any reviews or testimonials, Job Seeker applications, Employer job postings (which in turn includes any job description, Employer name, logo, trademarks, and copyrights, and job- related data), and content and websites to which Joblist users may be redirected from the Service. In using the Service, including by posting or providing any content, you expressly grant to Joblist a perpetual, non- exclusive, royalty free, worldwide, revocable (unless published to a third party), sublicensable, transferrable license to use, provide, publicly display, adapt, and make derivative works from your content, in any form or media, in connection with the Service and our Privacy Policy, including to post and distribute Employer job postings to the Service, Job Seekers, and partners and to provide Job Seeker applications to Employers. This license includes the right to share Employer job postings with third-party job platforms for purposes of further publication of the respective job posting(s) and for Joblist to use Employer names and logos, as well as any reviews or testimonials, in marketing Joblist or the Service. Further, this license will survive even upon termination or if you stop using the Service, provided that you may edit or remove content as provided by these Terms. You warrant that you have the rights and authority to grant this license.

Links to Other Websites

Our Service contains links to third-party websites or services that are not owned or controlled by Joblist. If you select a job posting that redirects to an external website, you will be redirected to such third-party website.

Joblist is solely a platform and has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party companies, content, websites, or services. We do not warrant the offerings of any of these third-party entities/individuals or their websites, regardless of whether you apply for an Employer's job using the Service, are redirected to an Employer's website, or save listings through your account.

You acknowledge and agree that Joblist shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services provided by, or available on or through, any such third-party companies, content, websites, or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination/Access Restriction

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole reasonable discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms or violation of any applicable law. We may also remove any content, including any job posting or application, for failure to comply with these Terms or if you are engaging or have engaged in fraud or abuse. You may appeal a termination or removal by contacting us within 30 days.

You may terminate your use of the Service at any time by discontinuing your use of the Service, provided that you will still owe any outstanding fees due.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, the dispute resolution and arbitration terms, ownership and intellectual property terms (except Joblist may terminate your license to access and use the Service), warranty disclaimers, indemnity, miscellaneous terms, and limitations of liability.

Indemnification

To the maximum extent permitted by law, you (including any individual user and business using the Service) agree to indemnify, defend (with counsel reasonably acceptable to us), and hold harmless Joblist, its owners, licensees and licensors, and our/their employees, contractors, agents, officers, and managers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use of or access to the Service, including your account, content, Job Seeker application, Employer job post, and any joblist; or b) your violation of these Terms or any applicable law, rules or regulations. Joblist reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Joblist in asserting any available defenses; and you shall not settle any claims without our express written consent.

Limitation of Liability

IN NO EVENT SHALL JOBLIST, NOR ITS MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE, OR JOB OR HIRING-RELATED RESULTS FROM, THE SERVICE, INCLUDING ANY ACCOUNT, CONTENT, JOB SEEKER APPLICATION, EMPLOYER JOB POST, OR JOBLISTS; (II) ANY JOB POSTING OR JOB THAT YOU MAY POST OR OBTAIN IN CONNECTION WITH THE SERVICE; (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING JOB SEEKERS AND EMPLOYERS, ON THE SERVICE; (IV) ANY CONTENT OBTAINED FROM THE SERVICE RELATING TO A THIRD-PARTY JOB POSTING; AND (V) UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

JOBLIST SHALL HAVE NO LIABILITY FOR RESPONSES TO JOB POSTINGS OR APPLICATIONS, INCLUDING THE QUALITY OR NUMBER OF APPLICANTS, OFFERS, VIEWS, CLICKS, OR THE ORDER IN WHICH YOUR POSTING OR APPLICATION IS DISPLAYED OR DISTRIBUTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOBLIST ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR YOUR ACCOUNT AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) ANY USER OR OTHER THIRD-PARTY CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF JOBLIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR COURSE OF PERFORMANCE.

JOBLIST AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION OR BE UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time by posting a new version via the Service or by other notice to you (such as by email). The most current version of the Terms will supersede all previous versions. Joblist encourages you to periodically review the Terms to stay informed of our updates. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service and will be bound by the prior terms.

We may terminate, suspend, limit, or change any aspect or feature of the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation.

DMCA Notice and Procedure for Copyright Infringement Claims

If you believe the Service contains content that infringes on your copyright, please submit a notification to us pursuant to the Digital Millennium Copyright Act ("DMCA") with the following information in writing to our copyright agent at the address listed below or dmca@joblist.com (see 17 U.S.C §512(c)(3)): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; a description of the copyrighted work that you claim has been infringed, including the URL/location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Service where the material that you claim is infringing is located; your address, telephone number, and email address; a 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; 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. We will respond as authorized, such as by taking down violative content, and may provide a copy of your notice to the pertinent user. Before submitting a notice, you should consider whether the use could be fair use. If you are unsure about your rights, you should contact an attorney. You may be liable for costs and fees for misrepresentative submissions.

If you believe we removed your content in error, you may file a counter-notice pursuant to the DMCA with the following information in writing to our copyright agent at the address listed below or dmca@joblist.com: a clear description of the material and prior location; a statement that you consent to the jurisdiction of the federal district court for the district where you reside and that you will accept service of process; your contact information; and a statement signed by you under penalty of perjury that you have a good faith belief the content was removed as a result of mistake or misidentification. If you are a repeat infringer, we may terminate your access to the Service under a repeat infringer policy.

Written notices to our copyright agent may be emailed to:

Joblist Legal
1172 S Dixie Hwy, #570
Coral Gables, FL 33146
dmca@joblist.com

If you believe that any content or conduct involving the Service violates Joblist's Terms or applicable laws, please contact us.

Consent to Communications

By using the Service, including creating and using an account, posting an Employer job, or submitting a Job Seeker application, you expressly consent to receive electronic and other communications from Joblist, over the short term and periodically, regarding the Service, your activity, and offers and information that may be of interest to you, including emails with marketing offers and information about your account, job postings, job applications, and saved listings. For more information about the types of communications you may receive from Joblist and how to opt out of marketing communications, see our Privacy Policy. Further, by posting a job or submitting an application, you agree to be contacted by the respective Employer or Job Seeker about your posting or application using the contact information you provided.

Miscellaneous

These Terms, which incorporate by reference any separate billing and order terms, constitute the entire agreement between you and Joblist as to the matters in these Terms and supersede any prior agreements. A waiver under these Terms must be in writing to be effective, and waiver of any term or breach will not waive that term or any later breach. These Terms do not create any agency, partnership, employer, or joint venture relationship. The parties shall not be liable for any event beyond that party's reasonable control, such as a war, epidemic, natural disaster, government order or regulation, explosion, fire, strike, act of God, or other force majeure event. These Terms will be binding upon and inure to the benefit of the parties and their permitted successors and assigns. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Joblist. There are no third-party beneficiaries under these Terms except Company Entities where stated. If any provision of these Terms is ruled to be invalid or unenforceable, the remainder of the Terms shall continue to be valid and enforceable, and to this end these Terms are severable.

Contact Us

Joblist welcomes your questions or comments regarding the Terms.

Please contact us at legal@joblist.com.