Terms and Conditions

Introduction to Guide Jobs Terms and Services

Each time you access or use Guide Jobs online and/or mobile services and websites, including but not limited to any Guide Jobs mobile application and browser extension or plugin (collectively the “Guide Jobs Apps”), regardless of where it is downloaded from, and any software, service, feature, product, program and element provided by or on behalf of Guide Jobs on or in connection with such services or websites (collectively, the “Site”), including, but not limited to, the Guide Jobs Ads Program, Guide Jobs Resume Program (otherwise referred to as the Guide Jobs CV Program in certain countries), Seen by Guide Jobs, Guide Jobs Targeted Ads, Guide Jobs Publisher Program, Guide Jobs Apply, or any other service, (a) you represent that you have read and understand the Cookies Policy and Privacy Policy; and (b) you are agreeing to the terms and conditions of these Terms of Service (the “Agreement”) then in effect with the following entity or entities:

Any references to “Guide Jobs” or “we” in this Agreement shall mean the applicable entity as set forth above.

The Site is made available for use only by individuals searching for employment openings (“Job Seekers”), by individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties (“Employers”), and by individuals and/or organizations seeking to participate in the Guide Jobs Publisher Program (“Publishers”). You acknowledge and agree that your license to use the Site is automatically revoked upon your attempt to use the Site for any other purpose. If you are accessing or using the Site in your capacity as an employee or other representative of an Employer or Publisher, you are agreeing to this Agreement on behalf of yourself and such Employer or Publisher, as applicable, and you represent and warrant that you have the authority to bind such Employer or Publisher, as applicable, to this Agreement. If you are using screen reader technology to access the site and you need help, you can call Guide Jobs at 1-800-462-5842 between 8:00am and 8:00pm EST, Monday through Friday. You acknowledge that Guide Jobs owns a copyright in the Site, Guide Jobs Apps, and Services, including in compilations of information available through any of the foregoing.

We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legends in each section of the terms and conditions indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.

We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business. For our full Modern Slavery Act statement, please click here..

This Agreement hereby incorporates by this reference any additional terms and conditions posted by Guide Jobs through the Site, or otherwise made available to you by Guide Jobs. In particular:

· If you access or use the Guide Jobs Ads Program, you are agreeing to be bound by the Guide Jobs Ads Program Terms

· If you access or use the Guide Jobs Resume Program, you are agreeing to be bound by the Guide Jobs Resume Program Terms

· If you access or use Seen by Guide Jobs, you are agreeing to be bound by the Seen by Guide Jobs Terms

· If you access or use Guide Jobs Targeted Ads, you are agreeing to be bound by the Guide Jobs Targeted Ads Terms

· If you access or use the Guide Jobs Publisher Program, you are agreeing to be bound by the Guide Jobs Publisher Program Terms

· For all other uses of the Site, you are agreeing to be bound by the Guide Jobs General Terms of Service

Guide Jobs General Terms of Service

Last Updated: March 30, 2020

A. Terms of Service for Job Seekers

1. Job Ads or Job Listings

Guide Jobs, which is free to Job Seekers, may make available certain Job Ads advertising employment opportunities and other job-related content, including links to third-party websites (“Job Listings” or “Job Ads”), through Guide Jobs’s search results or otherwise through the Site. Job Ads are created and provided by third parties over whom Guide Jobs exercises no control; you acknowledge and understand that Guide Jobs has no control over the content of Job Ads, links to or from Job Ads, or any conditions third parties might impose once a Job Seeker has submitted an application or left the Site. For example, some of these third parties may attempt to charge Job Seekers a fee to apply to a particular job, although Guide Jobs endeavors not to make such Job Ads available on the Site. If you leave the Guide Jobs Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. Except for certain sponsored, featured or paid placements, the Job Ads contained on, or linked from, the Site are indexed or posted in an automated manner. Guide Jobs has no obligation to screen any Job Ads, or to include any Job Ads in its search results or other listings, and may exclude or remove any Job Ads from the Site for any or no reason. We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Employer or other user, including the identity of such Employer or other user. Guide Jobs assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Ads, Company Pages, screener questions and responses, and assessments. Additionally, Guide Jobs may provide search options to narrow down Job Ads search results by job type categories (i.e. full-time, part-time, etc.), and such categories are created independently and entirely by Guide Jobs, and may not directly or accurately reflect the content of the Job Ads. Guide Jobs may reformat Job Listings so that you may read them more clearly on a mobile phone. While Guide Jobs may in some circumstances be compensated by employers who post Job Ads, helping keep Guide Jobs free for Job Seekers, all Job Ads are considered advertising. Guide Jobs displays Job Ads based on a combination of employer bids and relevance, such as search terms and other activity on Guide Jobs. You are not permitted to use Guide Jobs’s Site or its content other than for non-commercial purposes. For purposes of this Section A of the Guide Jobs General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as an Job Seeker.

2. Resumes and Recommended Jobs

By creating a public resume through the Site, you are requesting and authorizing Guide Jobs to make available your resume to any Employer that Guide Jobs believes may have an interest in your resume. By creating or uploading a resume on Guide Jobs (an “Guide Jobs Resume”), Guide Jobs may share with you Job Listings that match the contents of your Guide Jobs Resume. Guide Jobs assumes no responsibility and disclaims all liability for the resume or application information you post, send or receive through the Site. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact Guide Jobs to do so. To protect your privacy, Guide Jobs may mask or hide your contact information, such as your email address, from your resume and may substitute it with an alias.

Guide Jobs may also automatically send you recommended jobs via the email address you use to create an Guide Jobs account or apply to a job. Guide Jobs may determine what these recommended jobs are on the basis of a variety of factors, including but not limited to, any information you input on the Site about yourself (including in your Guide Jobs Resume), searches you run on the Site, jobs you click on, jobs you apply to, or the materials you provide in a job application to an Employer through Guide Jobs.

3. Applying to Jobs Through Guide Jobs

Any resume or application information that you submit through the Site, including Personal Data included in a resume, application or responses to screener questions and assessments, is subject to this Agreement (including Section D.3.) and to Guide Jobs’s Privacy Policy. Guide Jobs may use your application materials to determine whether you may be interested in a Job Listing, and Guide Jobs may reach out to you about such Job Listing. Guide Jobs may store such information regardless of whether a Job Listing has been closed or is no longer available on the Site. To maintain the quality of the Site and Services, Guide Jobs in its sole discretion may impose limits on your ability to apply to Job Listings through Guide Jobs (“Guide Jobs Apply”) or to other Guide Jobs services. In addition, when you indicate your interest in a Job Listing through Guide Jobs Apply or by RSVPing to a hiring event (hereinafter, all references on the Site to “Apply Now”, “Easily Apply”, “Simple Apply”, “Apply from your phone”, “Apply with Guide Jobs”, “RSVP to hiring event” or any similar references are referred to as “Guide Jobs Apply”), you are sending your resume and application information to Guide Jobs, and you are requesting and authorizing Guide Jobs to make available such application information to the applicable Employer(s) for such Job Listing(s). When you ask Guide Jobs to transmit an application or a message, including, but not limited to, a signed offer letter, to an Employer via Guide Jobs Apply or Guide Jobs’s relay system, or store such application, you understand that this is without warranty, and that Guide Jobs reserves the right to reformat such application or message.

You acknowledge and agree that Employers may request that Guide Jobs assemble your application materials, resume, answers to screener questions, assessment responses and other information you provide to Guide Jobs into one document, and you agree that in doing so, Guide Jobs assembles these application materials on your behalf. When you apply for a job on Guide Jobs you agree to Guide Jobs’s performance of automated processing in relation to your application, as such processing is an essential part of this Agreement. Additionally, you consent to your application and any responses sent to you by the Employer (including offer letters) through Guide Jobs being processed and analyzed by Guide Jobs according to this Agreement and Guide Jobs’s Privacy Policy.

When you apply to a job using Guide Jobs Apply, Guide Jobs will attempt to send your application to the contact information provided to us by an Employer or their Agent. We cannot guarantee that such messages and applications will be delivered, received, accessed, read or acted upon. Guide Jobs also does not guarantee that any Employer will receive, be notified about, access, read or respond to any such resume or other application material, or that there will be no mistakes in the transmission or storage of the data. However, Guide Jobs may alert you when any of the above events occur. In addition we cannot vouch for the validity of the contact information provided to us by Employers. We also cannot vouch for the technical capabilities of any third party sites, including but not limited to Applicant Tracking Systems (ATSs). If you do not feel comfortable sending an application or messages in this manner, or having your application or messages stored on Guide Jobs, do not use the Guide Jobs Apply or Guide Jobs relay functions and please send your application or messages directly to the Employer by whatever other method you so choose, including the public mail system. You may contact the Employer directly to find alternative methods of application if you do not wish to apply through Guide Jobs. By using the Guide Jobs Apply system, you fully consent to the above.

If you require alternative methods of screening or application you must approach the Employer directly to request such as Guide Jobs is not responsible for the Employer application process.

By using Guide Jobs, you agree that Guide Jobs is not responsible for the content of the Employer’s job application, messages, screener questions, skills assessments or their format or method of delivery, and that Guide Jobs does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that Guide Jobs does not choose the questions asked by Employers or decide the job qualification criteria of Employers. Some questions may be labeled as Optional, indicating only that the application may be submitted to the Employer without providing an answer. Guide Jobs cannot guarantee that the Employer will consider such an application or make a particular determination with regard to such an application. Guide Jobs may inform Job Seekers that an Employer’s requirement from a job description does not appear to be present on a resume; this information is presented without warranty and Guide Jobs does not guarantee that updating a resume will result in any job offer. Guide Jobs does not guarantee the identity of an Employer or any individuals working for any Employers, and cautions Job Seekers when applying to jobs. Guide Jobs does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Job Seekers are solely responsible for verifying the accuracy of any Employer or job offer.

Guide Jobs may use your application materials (including resumes and responses to screener questions) and the recency of your activity on Guide Jobs to determine whether the words of any Job Seeker’s resume and answers to screener questions match the words of a Job Listing or Resume query, and vice-versa. You agree and consent that Guide Jobs may differentiate those matching resumes and screener questions from those that do not match, and present them to Employers as matches or not matches. Guide Jobs may also use such information in order to improve the Site or any other Guide Jobs product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers). By using Guide Jobs Apply and answering screener questions, you acknowledge that Employers may have instructed Guide Jobs to send out rejection notices if your answers do not match the answers sought by the Employer, and you acknowledge that Guide Jobs has no discretion in the transmission of these rejections. Guide Jobs may offer Employers the ability to activate a feature on their account called Employer Assist. Activating Employer Assist means the Employer is instructing Guide Jobs to send a message on the Employer’s behalf to the Job Seeker informing them that the Employer has determined not to move forward with their application. These notices are automatically sent after a certain period of time selected by the Employer, unless the Employer indicates to Guide Jobs their interest in your application. You acknowledge and agree that Guide Jobs has no discretion in the sending of these messages, and that any such messages are solely a result of the Employer’s decision to activate Employer Assist and to not take an action on your application on Guide Jobs within the time period selected by the Employer. Any interactions the Employer has directly with you and not through a tool provided by Guide Jobs (for example, calling or emailing you directly instead of through an Guide Jobs Relay Service) are not visible to Guide Jobs, and would not by themselves prevent an Employer Assist rejection notice from being sent.

For job seekers located in the UK, you acknowledge that when contacted by Guide Jobs, presented as Guide Jobs Hire (hereinafter referred to as “Guide Jobs Hire”), Guide Jobs is acting as an Employment Agency (as defined under applicable law). The services Guide Jobs Hire offers are set out in these terms. Guide Jobs Hire will only send you Job Listings that Guide Jobs Hire determines may be of interest to you. You further acknowledge that Guide Jobs Hire is not authorised to receive any money on your behalf and/or to enter into any contracts on your behalf. You may also end your relationship with Guide Jobs Hire at any time.

4. Communications and Other Actions on the Site

When you view, send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, Guide Jobs may, for example, use such materials for data analysis, quality control, or to refine the Site or any other Guide Jobs product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When an Employer views, sends, stores or receives materials through or using the Site, Guide Jobs may also inform you that an Employer has taken an action with regards to a Job Ad, your Resume, or your application, such as pausing or closing a Job Ad, opening your Resume or application, viewing your Resume or application, responding to your Resume or application, and making a decision with regards to your application or Job Ad, and you hereby consent to Guide Jobs taking such actions.

Guide Jobs may offer you the opportunity to receive a text message interview reminder from Guide Jobs when an Employer has scheduled interviews with you. In such an event you will enter your phone number on the Guide Jobs consent form and by entering your phone number you are representing and confirming it is your phone number and that you have the right to accept text messages at the number. Guide Jobs will only send you a text message reminder for such interview and you agree to accept such text message reminder on your cell phone, including messages sent by automated telephone dialing system. Please note that since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. We also cannot vouch for the technical capabilities of any third parties to receive such text messages.

Guide Jobs may also insert functionality into messages relating to your application allowing you to place calls directly to third parties. Please note this functionality is provided solely as a courtesy and that such calls are not placed through or tracked by Guide Jobs. Your standard calling rates with your phone provider will apply.

In certain instances, you may receive messages, emails or email notifications corresponding with your activity on or use of the Site, Guide Jobs Apply, Guide Jobs Chat, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy. Guide Jobs may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address to the Employer. Guide Jobs disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.

Guide Jobs reserves the right to turn on or enable Guide Jobs Chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify you that Guide Jobs Chat or other communication options are available for a particular job or Employer. For Guide Jobs Chat, you may access or view your messages by visiting your Guide Jobs Chat messages dashboard. Guide Jobs may, in its sole discretion, turn off or disable Guide Jobs Chat for any Employer or Job Seeker at any time without prior notice. Please note that if you are using Guide Jobs Chat to communicate with an Employer, Guide Jobs will deliver your messages as instructed by the Employer.

5. Salary, Career, Hiring and Other Information Provided by Guide Jobs

Guide Jobs may provide certain categories of information to users for informational purposes only. For example, Guide Jobs may provide you with data regarding estimated salaries for a certain Job Listing, or number of applies to a Job Listing. These figures provided by Guide Jobs are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. Guide Jobs may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to Guide Jobs, including from Guide Jobs affiliates. These figures are given to Guide Jobs users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.

Similarly, career-related or hiring-related information provided by Guide Jobs is for informational purposes only, and is in no way to be construed as professional career counseling or staffing services. You understand that Guide Jobs may give suggestions or information regarding best-practices, however, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search. You further understand that in providing any such career or hiring guides, Guide Jobs is not acting as a job placement agency or staffing firm. You also understand that by referring to or using such career or hiring guides, you are not guaranteed job interviews, job placement, or assurance of being hired, and you take full responsibility for use of these services or guides. As a user of the Site, Guide Jobs may, from time to time, send you emails from the career or hiring guides as part of its services to you. These emails may include but not be limited to, tips on improving your resume or how to use your resume effectively in the job application process, commonly asked interview questions, next steps after you have submitted an application, and how to prepare for a new job after you have been hired.

Guide Jobs may offer, as part of the Services, the opportunity for you to engage with third parties, sometimes referred to as career coaches or professional writers, to discuss job search, resume writing, or career strategies, either through the Site or in person. Regardless of how you interact with them, you acknowledge that these third parties are not employees of Guide Jobs and that Guide Jobs is not responsible for the content of any such discussion. Do not share any information you consider confidential or personally sensitive with these third parties. Guide Jobs does not guarantee the quality or effectiveness of any advice, recommendations, or guidance you may receive from these third parties. You agree that, to the maximum extent permitted by law, Guide Jobs will have no liability arising from any discussion you have with such a third party.

6. Your Job Seeker Data

As a Job Seeker, you take a variety of actions on our Site. For example, you search for jobs, and Guide Jobs knows and stores the titles of jobs you search for and click on, where those jobs are located, the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, your amount of activity or time of most recent activity on Guide Jobs, information you provide directly to Guide Jobs including desired salary or past experience, or any of your other behavior on the Site. You know exactly what this data is because you are the person who undertook the activity and the data pertains only to your activity. If you have an Guide Jobs account or an Guide Jobs Resume, you agree that Guide Jobs may associate this data with your Guide Jobs Profile and use this observed factual data to suggest jobs to you and to suggest you or your public resume to Employers that might be interested in a person who matches your behavior on Guide Jobs. You also agree that Guide Jobs may contact you based on this observed behavior on behalf of Employers or Guide Jobs itself. Please note, the aforementioned actions do not include information sent to you by a third party, however, Guide Jobs may publicly display the fact that you have recently used the Guide Jobs Site to correspond with a third party. In addition, if you set your Resume to public, this means that Guide Jobs may share all of the aforementioned information about yourself with third-party Employers. If you do not wish to share such information, you may set your Resume to private.

7. Screening Tools

Guide Jobs may make screening tools available to Employers for Employer use in the application process, including screener questions, phone screen tools and assessments. Guide Jobs is licensing these tools for Employers’ use as determined by Employers. As a Job Seeker you agree that the Employer has made the determination to use these tools as part of its application process, and the questions asked are solely determined by the Employer, and are not being asked by Guide Jobs. The Employer is the sole party to determine which answers will qualify a candidate and is solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”. You further acknowledge that only the Employer is responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent state act. Guide Jobs does not warrant that the method of delivery of these questions would be compliant with the Americans with Disabilities Act or any equivalent state act.

9. Governing Law and Dispute Resolution

This Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Texas, United States of America, if you are located in the United States, or the laws of the Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Travis County, Texas, U.S.A., if you are located in the United States, or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, U.S.A, if you are located in the United States of America, or Dublin, Ireland, if you are located elsewhere.

You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.

10. Class Action Waiver

By using the Site and in return for the services offered by Guide Jobs, you acknowledge that Guide Jobs can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue Guide Jobs as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Guide Jobs regarding your use of the Site. Additionally, as a Job Seeker, your use of the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 9 above.

B. Terms of Service for Employers

The following terms and conditions apply to all Employers and other users who access or use the Site as intended for individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties, or otherwise indicate their acceptance to this Agreement. For purposes of this Section B of the Guide Jobs General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as an Employer.

1. Employer Accounts

When you create an Guide Jobs account, a Company Page or post job listings advertising employment opportunities and other job-related contents, including links to third-party websites (“Job Ads”) on the Site, whether as part of the Guide Jobs Ads Program or otherwise, you agree that this Agreement, the terms associated with any Guide Jobs service you are using, and all of Guide Jobs policies, including the Guide Jobs Privacy Policy and Cookie Policy, apply to you. When you create an Guide Jobs account, Guide Jobs may require that you verify your identity through a third party service called Mitek. By using Mitek, you are submitting your identification documents for verification directly to Mitek, you are agreeing to share your identification with Mitek, and you agree that Mitek is solely responsible for any use or loss of data.

As an Employer, your account is for business use and not for personal use. Guide Jobs is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for an Guide Jobs account, you agree to receive mandatory email updates regarding anomalous activity to your Guide Jobs account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms.

In some instances, multiple users may be linked to the same account (“a Linked Account”). A Linked Account is created when the primary account owner(s) (“Admin(s)”) of an Employer account invites other users to the same account. Admin(s) may be given the option to give these other users certain levels of access and functionality (“Roles”) within the account, as described on the site. If you are an Admin adding a user to a Role or several Roles, you represent to Guide Jobs that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless Guide Jobs from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data and access to your account. You agree that Guide Jobs assumes no liability in regards to the accuracy of the statements above and that you are fully responsible for said accuracy. When using a Linked Account, any users with access to certain Roles may have access to any or all account information, including but not limited to: communications and actions of all other users and applicants within the Linked Account, resume contacts, and billing information, and you consent to such access.

Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same Guide Jobs party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable Guide Jobs party identified in the first paragraph of this Agreement with respect to such new territory.

2. Employer Services Including Guide Jobs Apply and Screener Questions

You also agree that, as a service to Job Seekers, Guide Jobs may activate its Guide Jobs Apply relay function for use in connection with your Job Listings, and that any Job Seekers who wish to indicate an interest in such Job Listing may only do so through Guide Jobs Apply, and that Guide Jobs will send applications to the email address you provide us with. When you use Guide Jobs candidate management tools, including but not limited to your Employer Dashboard, or by activating the Guide Jobs Apply relay function for your Job Listings, you acknowledge and agree that Guide Jobs may make available certain functions allowing you to take actions regarding the Job Seeker, such as tools for setting up an interview, viewing a resume and rejecting a candidate. You agree that by using such candidate management tools, you are instructing Guide Jobs to assemble the candidate’s application materials, resume, answers to screener questions, assessment responses and other information you provide to Guide Jobs into one document. You further agree that Guide Jobs is not responsible for maintaining or storing such application materials, and that you are responsible for your own compliance with any applicable record retention requirements. By using these tools, you are providing information to Guide Jobs and requesting and authorizing us to make available such information to the applicable Job Seeker. Additionally, you consent to any information shared through Guide Jobs being processed and analyzed by Guide Jobs according to this Agreement and Guide Jobs Privacy Policy. Guide Jobs may store such information regardless of whether a job vacancy has been filled.

You are responsible for the contents of your emails, application form, screener questions or their format, Company Pages that you create, any Job Listings that you post, and any messages that you send through Guide Jobs Apply or otherwise, and agree that Guide Jobs is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that Guide Jobs may reject or remove any Job Listing, any part of any Company Page, or any questions for Job Seekers for any or no reason. Guide Jobs further does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. In the event a message being sent is intended for a closed account, these messages will not be deliverable. If you do not feel comfortable sending a message, including but not limited to an offer letter, to a Job Seeker through Guide Jobs relay functions, do not use the Guide Jobs relay functions and please contact the Job Seeker via the personal information provided in such Job Seeker’s resume or application or by whatever method you so choose. When using the Guide Jobs Apply function, Guide Jobs will attempt to send applications to the contact information provided to Guide Jobs by you, however, Guide Jobs has no ability to verify the contact information provided by you. In the event you provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Seekers, and you indemnify Guide Jobs for any damages resulting therefrom.

When you use the Guide Jobs Apply relay function for your Job Listings, you acknowledge and agree that Guide Jobs may add certain functions into the corresponding Guide Jobs Apply emails. In addition, Guide Jobs may, on your behalf, send out reminder emails to Job Seekers you wish to interview. Guide Jobs may also send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume. When you use screener questions, you may be given the option to instruct Guide Jobs to send out rejection notices if the Job Seeker has not answered the questions in the manner set forth in the online instruction. If you choose such option, you agree you are instructing us to send out rejection notices to such candidates and set them to rejected in your candidate dashboard. You further acknowledge that Guide Jobs has no discretion in the transmission or storage of these or all other rejection notifications (which is purely mechanical), that transmission or storage is not guaranteed, and that the Job Seeker may not have answered the screener questions accurately. When you use Guide Jobs candidate management tools, you may be given the option to send automatic rejection notices to candidates whose status you set to “rejected”. If you choose such option, you acknowledge that Guide Jobs has no discretion in the transmission or storage of rejection notices.

You agree that Guide Jobs may take action to try to identify and reduce spam applications, and that one method of doing so may include imposing a cover letter requirement for such applicants. Guide Jobs does not verify the identity of any Job Seekers who apply to your job listing, nor does Guide Jobs know a Job Seeker’s motivation for applying to your job listing, and thus provides no guarantee as to the Job Seeker’s qualifications or interest in your job listing. You agree that Guide Jobs Apply and Guide Jobs relay functions are presented to you without warranty and Guide Jobs assumes no responsibility for the communications between you and the Job Seeker, which communications are yours’ and the Job Seekers’ sole responsibility.

By using any automated phone screen product, you agree that you are requesting Guide Jobs to send a Job Seeker a telephone number, which the Job Seeker may call with the purpose of answering your telephone screening questions. You agree these questions are part of your application process, are solely determined by you, and are not being asked by Guide Jobs. You also agree that you are only asking Guide Jobs to record the Job Seeker’s answers to your screening questions and that Guide Jobs will forward you the recording of the answers to your questions. You consent to Guide Jobs listening to and analyzing the recording in accordance with Guide Jobs’s Privacy Policy. Guide Jobs disclaims all warranties with regards to the transmission or storage of such phone screens and responses, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.

You shall indemnify, defend and hold harmless Guide Jobs, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Company Page created by you, or any Job Listing or screener questions (or answers thereto) posted by you, or any message sent by you (including any questions for Job Seekers contained in any of the foregoing). Guide Jobs may make Job Ad analytics data available on a Company Page or elsewhere on the Site, and may provide analytics data regarding your Employer account to anyone at your company at Guide Jobs’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Guide Jobs product, Guide Jobs reserves the right to suspend or terminate your use of that Guide Jobs product as well as any other Guide Jobs product, including but not limited to those Guide Jobs products where you do not have an unpaid invoice or account balance. Guide Jobs may elect to apply (i) penalties for late payment as per contemporaneous US Federal Reserve interest rates plus 10% or the maximum interest permitted by law, whichever is lower and (ii) a statutory lump-sum indemnity for recovery cost, if provided for under applicable laws, and (iii) any reasonable expenses and attorney fees Guide Jobs incurs collecting such late payments.

When you view, send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, Guide Jobs may, for example, use such materials for data analysis, quality control, or to refine the Site or any other Guide Jobs product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When you view, sends, store or receive materials through or using the Site, Guide Jobs may inform a Job Seeker that you have taken an action with regards to a Job Ad, Job Seeker’s Resume, or application such as pausing or closing a Job Ad, opening the Resume or application, viewing the Resume or application, responding to the Resume or application, and making a decision with regards to the application or Job Ad, and you hereby consent to Guide Jobs taking such actions.

3. Job Match

Guide Jobs may use Job Seekers’ application materials (including resumes and responses to screener questions) and the recency of their activity on Guide Jobs to determine whether the words of their resume and answers to screener questions match the words of your Job Listing or Resume query, and vice-versa. You further agree and consent that Guide Jobs may differentiate those matching resumes and screener questions from those that do not match, and present them to you as matches or not matches. Guide Jobs may also use such information in order to improve the Site or any other Guide Jobs product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers).

4. Salary, Applies or Other Information Provided by Guide Jobs

Guide Jobs may provide certain categories of information to users for informational purposes only. For example, Guide Jobs may provide Job Seekers with data regarding estimated salaries for a certain Job Listing, or provide you with estimated applies to your Job Listing. All such figures provided by Guide Jobs are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. With respect to information regarding estimated applies, if you are participating in the Guide Jobs Ads Program, please note that this is not the information you are purchasing from Guide Jobs and you are not charged per apply. Guide Jobs may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to Guide Jobs, including from Guide Jobs affiliates. These figures are given to Guide Jobs users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures. Guide Jobs may also provide data regarding impressions in relation to your job ad. Such figures are provided for informational purposes only, are subject to change at any time, and Guide Jobs does not guarantee their accuracy. Guide Jobs reserves the right to change the method of measuring such figures at any time.

5. Screening Tools

Guide Jobs may make available to you certain screening tools for use during the application process, including screener questions, phone screen tools and assessments. Guide Jobs is licensing these tools to you for your use as you determine. By using any screening product, made available to you by Guide Jobs, you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you, and are not being asked by Guide Jobs. You are the sole party to determine which answers will qualify a candidate. You are solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent state act. Guide Jobs does not warrant that the method of delivery of these questions would be compliant with the Americans with Disabilities Act or any equivalent state act. You agree to indemnify Guide Jobs for any and all claims arising out of your use of a Screening Tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or that such Screening Tool results in a “disparate impact”.

Guide Jobs may offer Employers the ability to activate a feature on their account called Employer Assist. Activating Employer Assist means the Employer is instructing Guide Jobs to send a message on the Employer’s behalf to the Job Seeker informing them that the Employer has determined not to move forward with their application. To prevent a rejection notice from being sent, you must indicate your interest in the application on Guide Jobs. Any interactions you have directly with a Job Seeker and not through a tool provided by Guide Jobs (for example, calling or emailing a Job Seeker directly instead of through an Guide Jobs Relay Service) are not visible to Guide Jobs, and will not prevent an Employer Assist rejection notice from being sent. If you activate Employer Assist then you must interact with a Job Seeker through a tool provided by Guide Jobs to prevent an Employer Assist rejection notice from being sent. If you activate Employer Assist you agree that you are instructing Guide Jobs to send these messages to candidates with whom you do not interact within your chosen time frame, and you agree to indemnify Guide Jobs from any claims arising therefrom.

6. Communication through Guide Jobs

In certain instances, you may receive messages, emails or email notifications corresponding with your activity on or use of the Site Guide Jobs Apply, Guide Jobs Chat, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy. Guide Jobs may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address to the Job Seeker. Guide Jobs disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.

Specifically, if you post a Job Listing directly on Guide Jobs, applications are sent only to your Guide Jobs dashboard; any other notifications you may receive are provided solely as a courtesy to you. For example, you may not receive application email notifications if a Job Seeker has not answered screener questions correctly, although these applications will be sent to your Guide Jobs dashboard. Guide Jobs reserves the right to turn on or enable Guide Jobs Chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify Job Seekers that Guide Jobs Chat or other communication options are available for a particular job or Employer. For Guide Jobs Chat, you may access or view your messages by visiting your Guide Jobs Chat messages dashboard. If you do not wish to use Guide Jobs Chat, you may turn it off by visiting your Guide Jobs Chat dashboard. Guide Jobs may, in its sole discretion, turn off or disable Guide Jobs Chat for any Employer or Job Seeker at any time without prior notice.

7. Company Pages

When you post a Job Ad directly on Guide Jobs, Guide Jobs may automatically generate for you a Company Page. You understand that Guide Jobs may display publicly available information about your company on the Company Page, in accordance with applicable law. You authorize Guide Jobs to claim such Company Page for you on your behalf, which will be marked as a “Claimed Profile” and allows you to edit and add information to the Company Page. Company Pages allow User Content to be posted by individuals that may not be affiliated with the Company that owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Additionally, Guide Jobs may include all of your Job Ads posted on the Site on your Company Page, including but not limited to those posted directly on Guide Jobs as well as those indexed by Guide Jobs. You agree that you are solely responsible for any content you edit or put on a Company Page, whether generated by or for you, including but not limited to photograph(s) or videos you provide, and third-party websites reachable from content you put on a Company Page. Guide Jobs may additionally offer Guide Jobs Company Pages Premium, which includes certain features accessible only on a subscription basis and may be charged as indicated in an insertion order. Guide Jobs reserves the right to change or remove these features at any time, in Guide Jobs’s sole discretion. Additionally, these features may include analytics or other figures, which Guide Jobs does not guarantee the accuracy of, and you are responsible for determining their suitability for your intended use or purpose.

8. Guide Jobs Academy

If you or anyone at your company is a member of Guide Jobs Academy, your use of the Graduate logos is limited to your individual use only, and solely for purposes of indicating your Graduate status. Use of the Graduate logo to represent organizations or for commercial purposes is not permitted. Further, you agree and acknowledge that you will not make any representation that you are recruiting on behalf of Guide Jobs, working for Guide Jobs, or in any form of co-employment or contractor relationship with Guide Jobs. Additionally, nothing contained herein shall be construed to imply a joint venture, partnership, principal-agent relationship or employer-employee relationship between you and Guide Jobs, and neither Party shall have the right, power or authority to obligate or bind the other in any manner whatsoever, except as otherwise agreed to in writing. If you make any representation to the contrary, Guide Jobs may remove you from Guide Jobs Academy in its sole discretion.

10. Class Action Waiver

By using the Site and in return for the services offered by Guide Jobs, you acknowledge that Guide Jobs can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue Guide Jobs as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Guide Jobs regarding your use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 9 above.

11. Guide Jobs Central

Guide Jobs may offer a service called Guide Jobs Central to facilitate the coordination of Job Ads within geographically distributed businesses, such as franchises or large companies with many locations. You acknowledge and agree that using Guide Jobs Central involves sharing a franchisee’s account information with the franchisor, or sharing a local office’s account information with the corporate headquarters, as applicable. This information may include items such as the number of your business locations or accounts, information about your job ads (content, clicks, impressions, etc.), your contact information, and your spend levels. The franchisor or corporate headquarters may request that Guide Jobs contact its franchisees or local offices, respectively, by providing Guide Jobs with contact information, and may provide the content of Job Ads to Guide Jobs for use in connection with Guide Jobs Central. By using Guide Jobs Central, you agree to this information being shared, and you represent and warrant that i) all information you provide to Guide Jobs is accurate, and ii) you have all necessary right and authorization to provide such information to Guide Jobs and to permit Guide Jobs to share it in connection with Guide Jobs Central. You may request that Guide Jobs grant access and control of your Guide Jobs Central account to additional users. You understand and agree that by submitting such requests, Guide Jobs will contact the users based on the information you provide (name, email address, and job title) and that Guide Jobs is not responsible for verifying the users prior to completion of such requests.

C. Terms of Service for Publishers

The following Guide Jobs Publisher Program Terms (“IPP Terms”) apply to any Publisher that accesses or uses the Guide Jobs Publisher Program (the “Program”), or that otherwise indicates its acceptance of these IPP Terms, and set out the terms and conditions applicable to your participation in the Program. Any references to “Guide Jobs” shall mean Guide Jobs, Inc. The Program, as generally offered by Guide Jobs, is described on https://www.Guide Jobs.com/publisher or such other URL as Guide Jobs may provide from time to time. For purposes of this Section C of the Guide Jobs General Terms of Service, “You” or “Publisher” means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by these IPP Terms.

1. Guide Jobs Publisher Program

Guide Jobs shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the Program or any part thereof. Publishers are ineligible to participate if their web properties do not conform with the terms of the Guide Jobs Affiliate Acceptable Use Policy, located online at AAUP (the “AAUP”). In order to participate as a Publisher in the Program, all participants must be at least eighteen years of age. Applicants represent and warrant that all information submitted to Guide Jobs shall be true, accurate and complete.

Publisher acknowledges that by accessing the Site or participating in the Publisher Program, Publisher may come into contact with content (including User Content, as defined below) that it finds harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and Publisher acknowledges that Guide Jobs shall have no liability with respect to such content.

2. Publisher Obligations

Any job search results, JobrollTM, Job Search Box, pay-per-click advertisements, links, insertion code, and any Guide Jobs logos or other elements supplied by Guide Jobs for use on Affiliates’ websites or websites co-branded by Guide Jobs and Affiliate (collectively, “Program Elements”) may only appear on URLs that Guide Jobs has reviewed and accepted for participation (“Accepted URLs”). However, please note that as of March 3, 2017, Job Search Box, links and insertion code will only be available to Publishers already a part of the IPP, and as of March 31, 2017, Job Search Box, links and insertion code will no longer be available through IPP. Publisher shall advise Guide Jobs of any changes in the type of content accessible at any such accepted URL. Publisher agrees to comply with the specifications provided by Guide Jobs from time to time to enable proper delivery, display, tracking and reporting of Program Elements.

Publisher shall label each displayed Program Element with the phrase “Jobs by Guide Jobs” at least 116 X 23 pixels in size, wherein the word “Jobs” shall be hyperlinked to http://www.Guide Jobs.com or other Guide Jobs website as agreed with Guide Jobs and the word “Guide Jobs” shall be the Guide Jobs Logo Image and shall also be hyperlinked tohttp://www.Guide Jobs.com or other Guide Jobs website as agreed by Guide Jobs. The Guide Jobs Logo Image can be found at: http://www.Guide Jobs.com/p/jobsearch.gif.

Publisher agrees to abide by all terms of the AAUP. Publisher is not permitted to use Guide Jobs’s Site or its content other than for non-commercial purposes. Publisher agrees not to access (or attempt to access) the Site by any means other than through the interface that is provided by Guide Jobs, unless it has been specifically allowed to do so in a separate, written agreement with Guide Jobs. Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping, crawling, reproducing, duplicating, copying, selling, trading or reselling) is prohibited. Publisher agrees that it is solely responsible for (and that Guide Jobs has no responsibility or liability to it or to any third party for) any breach of Publisher’s obligations under these IPP Terms and for any consequences (including any loss or damage which Guide Jobs may suffer) of any such breach.

Publisher agrees that it shall not transmit to Guide Jobs or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for its own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Guide Jobs reserves the right to use a variety of methods to detect and block the above anomalous activity and to screen User Content to prevent abuse such as spam or fraud. However, such detection methods are not perfect and false positives may occur. If Publisher uses the Site, Publisher agrees to Guide Jobs enforcing the above rules or attempting to prevent spam, fraud, or other anomalous activity. Such measures may result in a temporary or permanent suspension or termination of Publisher’s account, of its access to Guide Jobs’s message relay, or of its use of any other functions of the Site, with or without notice. Guide Jobs shall not be responsible or liable for any such suspension or termination, including any consequences thereof. Guide Jobs reserves the right to drop any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment for any or no reason. Guide Jobs further reserves the right to conduct investigations to determine whether Publisher is perpetrating a scam, spamming Guide Jobs or its users, or otherwise conducting fraudulent activity on Guide Jobs by various means, including but not limited to investigating Publisher’s functionality by setting up profiles and names that belong to Guide Jobs. Guide Jobs reserves the right to turn over any information gathered via such investigations to the police or other third party if Guide Jobs has a good faith belief that Publisher is using the Site in violation of these terms. As Guide Jobs wishes to prohibit automated entities from following any individual links posted by Publisher, all hyperlinks to Guide Jobs’s site should include the use of rel=”nofollow”. This applies to editorially placed links, links generated by Guide Jobs’s API, or other link mechanisms.

Guide Jobs reserves the right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorized use of the Site. If Publisher wishes to make commercial use of the Site, if Publisher wishes to make use of the Site in any capacity other than that of a Jobseeker or Employer, or if Publishes wishes to purchase Guide Jobs services that utilize the Site, Publisher must have a prior written agreement with Guide Jobs to do so, or have accepted Guide Jobs’s online terms of service.

Guide Jobs reserves the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason. Guide Jobs also reserves the right in its sole discretion to suspend Publisher’s participation in the Program if it suspects any violations of the AAUP. Publisher hereby agrees to defend, indemnify and hold Guide Jobs harmless from and against any claims, demands, liabilities, expenses, losses, damages and attorney fees arising from or relating to a violation or purported violation by Publisher of the AAUP. The foregoing shall be in addition to, and not in lieu of, any other remedies that Guide Jobs may have as a result of a violation of the AAUP by Publisher. In addition, under no circumstances may Publisher impersonate or act as Guide Jobs on any site (which shall include bidding on Guide Jobs’s names or trademarks in any search engine marketing advertising platform), including, but not limited to, on third party sites. Any marketing performed by Publisher must comply with all laws of the jurisdiction in which the marketing is conducted, including but not limited to email, text messaging and general advertising laws, and Publisher agrees to defend and indemnify Guide Jobs from any third party action, claim, or demand against Guide Jobs arising from any violation of those laws.

Guide Jobs will not be treated as the publisher or speaker of any information provided by Publisher or by another information content provider. Guide Jobs will also not be held liable on account of any action taken in good faith to restrict access or availability of material that it or its Users considered to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objection, whether or not such material is constitutionally protected or on account of any action taken to enable or make available to information content providers or others the technical means to restrict access to any such material described above.

Some areas of the Site, including areas that may permit Publisher to set up an Guide Jobs account, requires Publisher to register or provide an email address. If Publisher so registers, it agrees to (a) provide true, accurate, current and complete information about Publisher as prompted by Guide Jobs’s registration form (including Publisher’s email address) and (b) be responsible for the confidentiality and use of Publisher’s username and password, and not transfer or resell its use of or access to the Site to any third party. Please note that any individuals with whom Publisher has shared its username and password and who are able to answer verification questions about its Guide Jobs account may receive access to information regarding Publisher’s Guide Jobs account.

Publisher hereby grants Guide Jobs permission to refer to Publisher and its websites in Guide Jobs’s marketing materials, wherever such marketing materials shall appear.

3. Payments to Publisher

Publisher shall receive a commission payment with respect to valid clicks received (as determined solely by Guide Jobs and subject to any cap amounts determined solely by Guide Jobs) in relation to Program Elements displayed on Accepted URLs. PUBLISHER ACKNOWLEDGES AND AGREES THAT, IN EACH CASE, THE AMOUNT OF SUCH COMMISSION PAYMENT WILL BE DETERMINED SOLELY BY GUIDE JOBS, IN ITS SOLE DISCRETION, AND THAT SUCH COMMISSION AMOUNT MAY BE SUBJECT TO A CAP, ALSO TO BE DETERMINED BY GUIDE JOBS IN ITS SOLE DISCRETION AND SUBJECT TO CHANGE AT ANY TIME. Publisher also acknowledges and agrees that any billing and payment information that Publisher provides to Guide Jobs may be shared by Guide Jobs with companies who work on Guide Jobs’s behalf, such as payment processors, solely for the purposes of effecting payment to Publisher and servicing its account. Publisher shall not be compensated for any transactions generated by Publisher or any party acting on Publisher’s behalf. In addition, Guide Jobs shall not be obligated to pay for any artificial and/or fraudulent impressions or clicks as determined by Guide Jobs or if Publisher is in breach of these IPP Terms. In addition and not in limitation to the above, Publisher shall refund the share of that revenue paid to Publisher, if caused by artificial or fraudulent impressions. No dashboard or any other view of any click count shall be considered as contractually binding on Guide Jobs. All commission amounts may be subject to an overall commission cap, in Guide Jobs’s sole discretion, and subject to change at any time.

4. Qualifying Links

As of March 3, 2017, the below portion of the IPP will no longer be available to any new Publisher. As of March 31, 2017, the below portion of the IPP will no longer be available to any Publisher, including existing Publishers who are part of the IPP.

[Publisher may earn a commission, as determined by Guide Jobs in its sole discretion, if Publisher refers a Qualified User (as defined below) to the Guide Jobs Website via a Qualifying Link (as defined below) and if such Qualified User has accessed the Guide Jobs Website and purchased a qualifying service (“Qualifying Purchase”) during a Session (as defined below). Not all services will be eligible as a Qualifying Purchase under the Program, and Qualifying Purchases are determined in Guide Jobs’s sole discretion. Guide Jobs is under no obligation to pay any particular amount for any referral and it is in Guide Jobs’s absolute discretion to determine for how long a period of time it shall pay this commission after the date the Qualified User initially arrives at Guide Jobs via a Qualifying Link from the Publisher’s Publisher Property (“Initial Contact’). No payments under this program shall be any indication of future payments under this program.

A “Qualifying Link” is a link directing a Qualified User from Publisher’s website or online property (“Publisher Property”) to Guide Jobs using a Program Element provided by Guide Jobs for use with the Program. A “Session” is the period of time beginning when a Qualified User initially arrives at Guide Jobs via a Qualifying Link from the Publisher’s Publisher Property (“Initial Contact”), and ending at Guide Jobs’s absolute discretion. For avoidance of doubt, Publisher acknowledges that a Session will not commence unless cookies are enabled on the Customer’s device or computer in a manner that enables Guide Jobs to fully attribute actions of Qualified User to Publisher’s Qualifying Link. A “Qualified User” is a user who has not previously registered with Guide Jobs, has not been previously “cookied” by Guide Jobs and has not previously visited the Guide Jobs Site, all as determined by Guide Jobs in its sole and absolute discretion.

The parties acknowledge and agree that Guide Jobs shall have the sole right and responsibility for processing all orders made by Qualified Users. Publisher acknowledges that all agreements relating to sales to Qualified Users shall be between Guide Jobs and the Qualified User.]

As of March 31, 2017, the following will be the only available method for participation in the IPP:

[Publisher may earn a commission, as determined by Guide Jobs in its sole discretion, if a user clicks on a Qualifying Link. A “Qualifying Link” is a link directing a user from the Publisher’s website or online property (“Publisher Property”) to a job using a Program Element provided by Guide Jobs for use with the Program, such as pay-per-click advertising, Jobroll™, or job search results.]

Publisher shall not be entitled to commissions and shall reverse any commissions already paid if Publisher is in breach of these IPP Terms or has engaged in any fraudulent activity, including, but not limited to, cookie stuffing, cloaking, or forcing pop-ups. The determination as to whether a sale is made via a Qualifying Link, and whether a commission is payable, will be made by Guide Jobs in its sole and absolute discretion and is final and binding on Publisher. Prices for the Qualifying Purchases will be set solely by Guide Jobs in its sole and absolute discretion.

5. Terms of Payment

Guide Jobs shall pay Publisher within thirty (30) days of the end of each calendar quarter; provided the amount owing to Publisher is at least one hundred US dollars ($100). If the amount owing to Publisher is less than $100, the balance will carry over to subsequent calendar quarters until such time that the quarter-end balance is at least one hundred US dollars ($100). Publisher is solely responsible for providing and maintaining accurate contact and payment information associated with Publisher Account. Guide Jobs may withhold any and all payment if Publisher is in breach of these IPP Terms and Guide Jobs shall have no further liability to Publisher.

6. Termination

Either party may terminate these IPP Terms and participation in the Program at any time by sending a notice by email to support-at-Guide Jobs dot com or other email address specified by Guide Jobs in the case of Guide Jobs, and to the email address specified in Publisher’s profile in the Program in the case of Publisher.

Upon termination of a publisher from the Program, for any reason and by either party, Publisher shall immediately remove all insertion codes and other Program Elements from all pages of its websites.

7. Confidentiality

Publisher shall not disclose Guide Jobs Confidential Information without Guide Jobs’s prior written consent. “Guide Jobs Confidential Information” includes without limitation: (a) all Guide Jobs software, technology, programming, specifications, materials, guidelines and documentation relating to the Program; (b) click-through rates or other performance statistics relating to the Program provided to Publisher by Guide Jobs; and (c) any other information designated in writing by Guide Jobs as “Confidential” or an equivalent designation.

8. Indemnification

Publisher shall indemnify, defend and hold harmless Guide Jobs, its agents, affiliates, licensors, and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of Publisher’s Program use, Creative, site or Publisher Services, or breach of these IPP Terms.

9. Governing Law and Dispute Resolution

These IPP Terms and any dispute arising out of or in connection with these IPP Terms or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of these IPP Terms, by and under the laws of the State of Texas, United States of America, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in the federal or state courts located in Travis County, Texas, U.S.A. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, U.S.A.

10. Class Action Waiver

By using the Site and in return for the services offered by Guide Jobs, Publisher acknowledges that Guide Jobs can only offer Publisher these services under the terms and conditions as presented herein. As partial consideration for Publisher’s use of the Site and these services, Publisher agrees not to sue Guide Jobs as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Guide Jobs regarding Publisher’s use of the Site. Additionally, as a Publisher, the use of the Site is at no charge and Publisher acknowledges that part of the price it is paying to use this Site is its acceptance of these terms of service including this Class Action Waiver. If Publisher does not agree to any part of these terms, Publisher should not continue use of the Site. Nothing in this paragraph, however, limits Publisher’s rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to the jurisdiction requirements found in Section 9 above.

D. Terms of Service for All Users

The following terms and conditions apply to all Job Seekers, Employers, Publishers and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement. For purposes of this Section D of the Guide Jobs General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in any capacity.

1. Accessing External Sites

The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that Guide Jobs is not responsible or liable for any such third parties or for the availability of, or the materials located on or through any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.

In addition, Guide Jobs may provide you with links to certain third party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such third party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided by these third parties, and disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party. You will be notified on the site that these are third party sites and services, and not Guide Jobs.

For example, Guide Jobs may provide you with access to a link on Guide Jobs to background check services offered and performed by a third party (each a “Third-Party Background Check Service”). This service may be offered in the form of permitting a Jobseeker to request their own background check or permitting an Employer to request a background check of a Jobseeker. If you choose to use this link and these services, you are contracting directly with the Third-Party Background Check Service, and Guide Jobs is not a party to this contract. Please note (and you acknowledge) that Guide Jobs cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate or store the background check reports provided by any Third-Party Background Check Service to you or to any other Guide Jobs user. Guide Jobs operates solely as a technical conduit, allowing the transmission of background checks sent by a Third-Party Background Check Service to you. Further, you agree to fully indemnify and defend Guide Jobs for any claims arising out of your use of a Third-Party Background Check Service’s services or a background check provided to you by a Third-Party Background Check Service.

Certain pages on the Site may embed content and information provided by third-party APIs, which is subject to additional terms and conditions imposed by those third parties. For example, the Site may include Google Maps features and content, which is subject to the current versions of: (1) the Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) the Google Privacy Policy at https://www.google.com/policies/privacy/. Information on Company Pages includes publicly available information and/or information provided by the respective company and/or may come from third parties. For example, data about companies located in Japan may come from Toyo Keizai Shinpo Inc.

Please note that while this Agreement describes Guide Jobs’s services generally, services may differ by availability, and you should check the Site in your location to see which services are available to you. For example, while some parts of this Agreement describe matching services, Guide Jobs does not offer any matching services in Japan.

2. Using our Site

Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling) is prohibited. Guide Jobs reserves the right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorized use of the Site. If you wish to make commercial use of the Site, if you wish to make use of the Site in any capacity other than that of a Jobseeker or Employer, or if you wish to purchase Guide Jobs services that utilize the Site, you must have a prior written agreement with Guide Jobs to do so, or have accepted Guide Jobs’s online terms of service. Please contact us for more information. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason.

3. User Content

Some parts of the Site, such as message boards and forums or job posting pages, may allow users to post content like Job Listings, resumes, information, text, images, audio, video, messages, and other materials (any such materials that a user submits, posts, displays, or otherwise makes available on or through the Site, or any materials that a user submits to Guide Jobs, including where it is stated that such materials may be posted on the Site, are referred to herein as “User Content”). Such functionality is designed to help users obtain career and company information, to let users know of jobs, to provide information about potential job candidates, and facilitate other communication. User Content is provided by third-party contributors, many of whom may use anonymous screen names. User Content may be inaccurate, incomplete, misleading or deceptive. For example, the Site hosts Company Pages, which allow User Content to be posted by individuals that may not be affiliated with the Company who owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Likewise, the Site hosts Guide Jobs Community, which allows User Content to be posted by third parties, including, but not limited to, Job Search Experts. Guide Jobs does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. Certain elements of Guide Jobs job search results pages may appear to be content produced by Guide Jobs, but are actually a reproduction of user-generated search queries. You acknowledge that by accessing the Site, you may come into contact with content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that Guide Jobs shall have no liability with respect to such content.

You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, advertisements (other than Job Advertisements permitted by this Agreement), solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.

You are prohibited from posting any User Content containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. Guide Jobs may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information. Guide Jobs reserves the right to change the display of resume on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements.

Although Guide Jobs has no obligation to do so, Guide Jobs may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in Guide Jobs’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific portion of the Site on which it is posted, or that is an advertisement, recruiting or other commercial message (other than Job Advertisements permitted by this Agreement), or that Guide Jobs deems in its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, please contact Guide Jobs immediately so that we may have the opportunity to consider its removal. You acknowledge and agree that Guide Jobs does not have any obligation to remove any User Content, and i) the interpretation of whether any User Content violates any Guide Jobs policy, ii) whether to publish or to withdraw from publication any User Content, and iii) whether to exclude any material that any party seeks to post on Guide Jobs, will always remain within the sole discretion of Guide Jobs. You agree that Guide Jobs has no liability to you or anyone else arising from its editorial decisions. You acknowledge and agree that Guide Jobs is an interactive computer service and does not have any obligation to screen any User Content, or to include any User Content (including without limitation Job Ads) in its search results or other listings, and may exclude or remove any User Content from publication for any or no reason.

Guide Jobs reserves the right to disclose all User Content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that Guide Jobs may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information. When you post on Guide Jobs confidentially (e.g. anonymous Company Reviews or a confidential Job Ad), your identity may be discoverable by request from the government or law enforcement.

Without limiting the generality of the foregoing, Guide Jobs reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing that directly or indirectly discriminate against Job Seekers or otherwise violate applicable law.

Please note: Section 230 of the U.S. Communications Decency Act provides that:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil liability
No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).

4. License to User Content and Feedback

Only to the extent permitted by law, you grant Guide Jobs a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, transferable, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content you post or submit, for the purpose of publishing material on the Guide Jobs website or its publishers, maintaining the Guide Jobs website and promoting Guide Jobs and such User Content without restriction. You understand that no compensation in any form shall be due or payable to you in connection with Guide Jobs’s exercise of its rights under the license granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, Guide Jobs’s exercise of these rights, you hereby waive any and all rights to such compensation.

Furthermore, you grant to Guide Jobs, its affiliates, and sublicensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any Guide Jobs marketing materials containing or incorporating such User Content, or (iii) any actions by Guide Jobs to promote or publicize such User Content (e.g. Job Listings), including without limitation the use of keywords in third-party internet search engines.

You represent and warrant that: (i) you own the User Content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless Guide Jobs and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow Guide Jobs to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content. There may be a charge for answering and executing such a request; please contact Guide Jobs for more details.

At your discretion, you may provide feedback and related materials to Guide Jobs concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to Guide Jobs a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that Guide Jobs may disclose any or all Feedback to any third party in any manner, and you agree that Guide Jobs may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place Guide Jobs under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, Guide Jobs does not waive any rights to use similar or related ideas previously known to Guide Jobs, or developed by its employees, or obtained from sources other than you.

5. Rules for Using Our Site

You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by Guide Jobs, unless you have been specifically allowed to do so in a separate, written agreement with Guide Jobs. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with Guide Jobs, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. Using or providing any false, fake, or fictitious name or contact information in connection with the Site is grounds for immediate termination of your Guide Jobs account and ability to use the Site. You agree that you are solely responsible for (and that Guide Jobs has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which Guide Jobs may suffer) of any such breach.
You agree that you shall not transmit to Guide Jobs or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:

· Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:

o sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;

o imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;

o data mining any Guide Jobs property;

o sending messages to users who have asked not to be contacted;

o selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and

o using Guide Jobs Resume contacts in violation of Guide Jobs policy, as determined by Guide Jobs, including, for example, as indicated by low response rates from those persons contacted.

· Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same. Guide Jobs may block the transmission of such content.

· Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.

· Conduct or forward pyramid schemes or similar programs.

· Transmit content that may be harmful to minors.

· Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.

· Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission. Users who repeatedly post intellectual property owned by others will be banned from Guide Jobs.

· Violate the legal rights (such as rights of privacy and publicity) of others.

· Promote or encourage illegal activity.

· Interfere with other Guide Jobs users’ enjoyment of the Site.

· Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses.

· Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any Guide Jobs account.

· Modify, adapt, translate, or reverse engineer any portion of the Site.

· Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.

· Reformat or frame any portion of the web pages that are part of the Site without Guide Jobs’s explicit written permission.

· Contact other Guide Jobs users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics Guide Jobs considers detrimental to its users.

· Create multiple Guide Jobs accounts without permission.

· Create multiple Guide Jobs accounts not under your corporate or company name, in order to attempt to achieve higher visibility in the free-to-post system.

· Bypass any limitations or suspensions of functionality.

· Provide false information.

· Scrape the Guide Jobs Resume database

· Scrape or otherwise replicate any Guide Jobs content for competitive purposes

· Use ad blocking or similar software in connection with your use of the Site, if and only to the extent that such software interferes with or prevents the display of Job Ads.

Guide Jobs reserves the right to use any User Content (including the content of messages or material sent through or to the Site or Guide Jobs) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. Guide Jobs reserves the right to use a variety of methods to detect and block the above anomalous activity and to screen User Content to prevent abuse such as spam or fraud. However, such detection methods are not perfect and false positives may occur. If you use the Site, you agree to Guide Jobs enforcing the above rules or attempting to prevent spam, fraud, or other anomalous activity. Such measures may result in a temporary or permanent suspension or termination of your account, of your access to Guide Jobs’s message relay, or of your use of any other functions of the Site, with or without notice. Guide Jobs shall not be responsible or liable for any such suspension or termination, including any consequences thereof.
Guide Jobs reserves the right to drop any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment for any or no reason. Guide Jobs further reserves the right to conduct investigations to determine whether you are perpetrating a scam, spamming Guide Jobs or its users, or otherwise conducting fraudulent activity on Guide Jobs by various means, including but not limited to investigating your functionality by setting up profiles and names that belong to Guide Jobs. Guide Jobs reserves the right to turn over any information gathered via such investigations to the police or other third party if Guide Jobs has a good faith belief that you are using the Site in violation of these terms.

You may not use the Site, or otherwise exchange services or money with Guide Jobs, if you appear on any of the following lists administered by the United States Government: (a) Bureau of Industry and Security, U.S. Department of Commerce, Denied Persons List; (b) Bureau of Industry and Security, U.S. Department of Commerce, Unverified List; (c) Defense Trade Controls –List of Debarred Parties; and (d) Specially Designated Nationals, Terrorists, Narcotics Traffickers, Blocked Persons and Vessels List; and (e) Bureau of Industry and Security, Department of Commerce, The Entity List. If you appear on such a list, Guide Jobs may terminate this Agreement and your license to use the Site without any further obligations to you whatsoever.

6. Registering with and Contacting Guide Jobs

Some areas of the Site, including areas that may permit you to set up an Guide Jobs account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. Please note that any individuals with whom you have shared your username and password and who are able to answer verification questions about your Guide Jobs account may receive access to information regarding your Guide Jobs account. We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs.

You agree that Guide Jobs may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your Guide Jobs account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to Guide Jobs or that Guide Jobs may otherwise obtain from third-party sources. By providing Guide Jobs with a mobile phone number, you expressly consent to receiving communication via such mobile number. When you give Guide Jobs a mobile number and consent to receiving communication, such communications are inherent to the services you have signed up for. To revoke consent at any time, reply to the text with STOP or contact Guide Jobs Customer Support . You may also revoke your consent by terminating the Agreement through closing your Guide Jobs account. By enabling two step verification, you verify that you are the owner of the phone number you provided.

7. Disclaimers of Warranties

Guide Jobs disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the Guide Jobs search results (including Jobs Listings) or otherwise made available on the Site by Guide Jobs or third parties (including User Content), regardless of whether paid for or used for free. Guide Jobs disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by Guide Jobs for informational purposes only, including but not limited to, Guide Jobs Analytics data like estimated applies or organic traffic, and salary information. You acknowledge you are not paying Guide Jobs for the aforementioned information. Guide Jobs disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including User Content). Guide Jobs further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall Guide Jobs be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall Guide Jobs be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from Guide Jobs’s Site.

Guide Jobs further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by Guide Jobs as a result of technical problems or traffic congestion on the Internet or any third party website (including but not limited to Applicant Tracking Systems (ATSs)) or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services. Under no circumstances will Guide Jobs be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.

THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, CAREER GUIDE, USER CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. GUIDE JOBS AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GUIDE JOBS AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, FEATURES, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. GUIDE JOBS AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY GUIDE JOBS.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE 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. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL GUIDE JOBS OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF GUIDE JOBS OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF GUIDE JOBS AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID GUIDE JOBS TO USE THE SITE.

Without limiting the foregoing, under no circumstances shall Guide Jobs or its affiliates, or its or their third-party licensors, be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or indirectly, or results from acts, causes, forces or circumstances beyond its or their control, including, without limitation, the following force majeure events: (a) acts of God or natural catastrophes or forces, (b) flood, fire, storm, earthquake, epidemics, explosion or other similar events; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrections, other civil unrest or disturbances, military disturbances or sabotage; (d) government action, order, law or regulation or orders of domestic or foreign courts or tribunals; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor disputes or stoppages or slowdowns or other industrial disturbances or shortage of labor or materials; (i) breakdown, interruptions, loss., fluctuations or malfunctions of utilities (including heat, light or air conditioning), communications, computers (software and hardware, and including, but not limited to, computer viruses), or telephone communication services; (j) internet, computer equipment, telecommunication equipment, electrical power or other equipment or mechanical failures or shortages; (k) loss of data due to power failures or mechanical difficulties with information storage or retrieval systems; (l) non performance of third parties; and (m) other events beyond the control of Guide Jobs.

9. Claims of Infringement

U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Guide Jobs infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Guide Jobs to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Guide Jobs a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to Guide Jobs Copyright Notice, 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA (copyright @ Guide Jobs.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form.

10. Governing Law and Dispute Resolution

If you are neither a Job Seeker nor an Employer as defined in this Agreement and are not using the Site as intended by Guide Jobs, this Agreement will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Travis County, Texas, U.S.A.

11. Severability and Reformation

Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

12. Filtering for Minors

13. Use of Site by Minors

The Site is not for use by anyone under the age of 16. However, if local laws provide for an alternative minimum age for Guide Jobs to lawfully provide the services in the Site to you, then that shall apply as the applicable minimum age. In all jurisdictions outside the European Union, if you are under the age of 18 or the age of majority in your jurisdiction, you must use Guide Jobs under the supervision of your parent, legal guardian or responsible adult. Guide Jobs adopts a range of measures to try to ensure that we do not accept individuals who do not meet the minimum age and any other applicable age requirements. If you do not satisfy these age requirements, please email privacy-dept @ Guide Jobs.com (remove spaces when sending email).

14. Using e-Signature

Some pages on the Site may offer an e-signature option, which is powered by a third-party service provider. By using e-signatures on the Site, you agree that your e-signature is intended to authenticate the document you’re signing, and your e-signature will have the same force and effect as a manual signature. Guide Jobs disclaims all warranties associated with e-signatures, including any errors associated with the software or the validity of the signature. Guide Jobs is not a legal record keeper. Your use of e-signatures is at your own risk, and it is your responsibility to ensure that your document is received and to retain your own copies.

15. Beta Products

Guide Jobs may offer beta test products or features on our Site. You will know that a product or feature is offered on a beta or test basis because the product name or feature will state that it is offered on a beta or test basis or the name will include the word “beta.” These beta test products or features may be offered in limited quantities, in limited locations, and for a limited time. Guide Jobs may discontinue or cancel all or part of a beta product or feature at anytime without prior notice to you. ANY BETA PRODUCT OR FEATURE IS IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, IS BELIEVED TO CONTAIN DEFECTS, AND A PRIMARY PURPOSE OF THIS BETA TEST IS TO OBTAIN FEEDBACK ON THE PRODUCT PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT OR FEATURE OR ACCOMPANYING MATERIALS. If you have been invited to test a beta product or feature, you agree that, unless otherwise specifically provided herein or agreed by Guide Jobs in writing, any beta product or feature and any documentation provided corresponding with a beta product or feature constitute confidential proprietary information of Guide Jobs. You shall permit only authorized users, who possess rightfully obtained access to any beta product or functionality, access to the beta product or functionality or any corresponding documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Guide Jobs.

16. Questions or Complaints

If you have a question or complaint regarding the Site, please use our Guide Jobs Help Center (https://www.Guide Jobs.com/help). When you use the Guide Jobs Help Center, you are accessing a third party site Zendesk and consent to receiving cookies from Zendesk, as set forth in their cookie policy . Please note that communications within Zendesk will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

17. Miscellaneous

This Agreement (including any other section of this Agreement like the Guide Jobs Ads Program Terms or Guide Jobs Resume Terms) constitutes the entire agreement between the parties with respect to the subject matter hereof, including any and all provisions applicable to the parties, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Guide Jobs. This Agreement, together with any amendments and any additional agreements you may enter into with Guide Jobs in connection with the Site, shall constitute the entire agreement between you and Guide Jobs concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and an Guide Jobs employee shall not constitute an amendment or alteration of this Agreement.

By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users. If (a) or (b) applies to you, you may not use the Site or Services, and Guide Jobs may terminate this Agreement and your access to the Site and Services without any further obligations to you whatsoever. The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Guide Jobs’s proprietary rights in them.
You understand and acknowledge that Guide Jobs or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. Guide Jobs reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.

In the event of any irreconcilable conflict between these Guide Jobs General Terms of Service and the Guide Jobs Ads Program Terms, Guide Jobs Resume Program Terms, Seen by Guide Jobs Terms, Guide Jobs Targeted Ads Terms, Terms of Service for Publishers or other subset of terms as applicable to you, the Guide Jobs Ads Program Terms, Guide Jobs Resume Program Terms, Seen by Guide Jobs Terms, Guide Jobs Targeted Ads Terms, Terms of Service for Publishers or other subset of terms as applicable to you will govern with respect to the Guide Jobs Ads Program, Guide Jobs Resume Program, Seen by Guide Jobs, Guide Jobs Targeted Ads, Terms of Service for Publishers or other subset of terms as applicable to you, respectively, and these Guide Jobs General Terms of Service will otherwise govern.

Any waiver of any provision of this Agreement will be effective only if in writing and signed by Guide Jobs. This Agreement, together with any amendments and any additional agreements you may enter into with Guide Jobs in connection with the Site, shall constitute the entire agreement between you and Guide Jobs concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and an Guide Jobs employee shall not constitute an amendment or alteration of this Agreement.

Any notices to Guide Jobs must be sent to the applicable Guide Jobs entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice (i.e., Guide Jobs Ads Program, Guide Jobs Resume Program, or Guide Jobs Publisher Program). Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your Guide Jobs Ads interface).

You may not assign or delegate any of your rights or obligations hereunder without Guide Jobs’s prior written consent and any such attempt is void. Guide Jobs may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, Guide Jobs may assign any agreement between you and Guide Jobs to any related Guide Jobs entity by informing you of such assignment. Guide Jobs and you are not legal partners or agents, but are independent contractors.

18. Apple-Specific Terms

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any mobile application version of the Site compatible with the iOS operating system of Apple Inc. (“Apple”, and such mobile application, the “App”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Guide Jobs in accordance with the “Questions or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Guide Jobs’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

19. The Guide Jobs Apps

By using any of the Guide Jobs Apps, including but not limited to the Guide Jobs Job Search, Guide Jobs Resume Search, Guide Jobs Employer, Guide Jobs Job Spotter or others, you agree that all of the terms and conditions found herein apply to your use of the Guide Jobs App. Additionally, you agree that the Guide Jobs App may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications. By downloading and using the Guide Jobs App, you are asking Guide Jobs to make formatting changes to any Job Listings as they appear on your phone, in order to enable you to utilize your Guide Jobs Resume. You further acknowledge that your use of the Guide Jobs Apps may require use of your data plan from your cellular provider. You are responsible for payment of all data usage accrued based on your use of the Guide Jobs App, and Guide Jobs disclaims all responsibility for such data usage. In addition, if you allow Guide Jobs Apps to utilize location services, the Guide Jobs Apps may suggest to you and collect from you certain information based on your geographic location. The legal entity that ( i) provides any services to you through the Guide Jobs Apps, (ii) owns or licenses the intellectual property rights to any of Guide Jobs Apps and/or (iii) has access or controls any personal data through the Guide Jobs Apps may at times be an affiliate of Guide Jobs, even if the entity identified as the application developer on any of the application marketplaces is Guide Jobs, Inc.

Guide Jobs Products Terms of Service

Last Updated: March 24, 2020

Guide Jobs Ads Program Terms

These Guide Jobs Ads Program Terms (“IAP Terms”) form a part of, and are incorporated into, the Guide Jobs Terms of Service (the “Agreement”), and apply to any Employer who accesses or uses the Guide Jobs Ads Program, or who otherwise indicates its acceptance of these Guide Jobs Ads Program Terms.

Any capitalized terms that are used but not defined in these IAP Terms have the meaning set forth in the Agreement.

1. The Program

Use of the Guide Jobs Ads Program (“Program”) on or through the Site is subject to all applicable Guide Jobs terms and policies, including without limitation the Guide Jobs Privacy Policy and those instructions provided on the Website, if you are using the Ads Program, through our on-line forms. Guide Jobs policies may be modified at any time. With regards to any job advertisements posted on Guide Jobs, either for payment or posted for free and including jobs provided to Guide Jobs via an XML feed (“Job Listings” or “Job Ads”), you agree that you are solely responsible for all: (a) ad or job content (including job descriptions and screener questions) and target URLs (“Creative”), whether generated by or for you, including but not limited to photograph(s) you provide to Guide Jobs; and (b) websites proximately reachable from Creative URLs and your services and products (collectively “Your Services”). You shall protect your passwords and take full responsibility for your own and any third party’s use of your accounts. Job Ads may be placed on (y) any content, service, or property provided by Guide Jobs (“Guide Jobs Property”), and (z) any other content or property provided by a third party (“Publisher”) upon which Guide Jobs places Job Ads or provides search results of Job Listings (“Publisher Property”). Guide Jobs does not guarantee performance or placement of Job Ads, and distribution on Guide Jobs and Publisher Properties may vary depending on demand, industry, sponsorship, and other considerations. By sponsoring a Job Ad, you are agreeing to pay a price for each user “click” that such an ad receives. By sponsoring a Job Ad you are requesting that Guide Jobs manage the visibility of your Job Ads in the Guide Jobs Search Engine Results Page to give your job exposure, in a way designed to make the experience on Guide Jobs better for you and get your jobs better visibility. “Exposure” does not always mean the Job Ad will get a particular spot on the page, or that it will be called out with special wording, but means that it will be placed by Guide Jobs in accordance with Guide Jobs judgment and discretion in order to achieve what Guide Jobs determines, in its sole discretion, to be the best visibility for such a job, considering the budget. By sponsoring a job you are requesting Guide Jobs to manage this relative visibility and exposure on its search engine results page. You acknowledge and agree that such management of sponsored Job Ads is in Guide Jobs’s sole discretion and is provided without warranty as to how and where Guide Jobs shall place such Job Ads. You shall direct only to Guide Jobs any communications regarding Job Ads on Publisher Properties. By posting or sponsoring a Job Ad on Guide Jobs, including but not limited to by XML feed: you agree that Guide Jobs may and authorize Guide Jobs to reformat and host (but not change the content of) the Job Ad on an Guide Jobs hosted page or in its publisher network in any way Guide Jobs sees fit. All dashboards will reflect the total click count, including the clicks that open an Guide Jobs reformatted or hosted page. In the event you provide Guide Jobs with an indication that you are looking to fill your role in a short time period, as determined by Guide Jobs, Guide Jobs may add a label (such as “Urgent”, “Urgently Hiring” or similar) next to the word “Sponsored” on the search results page where your Job Ad is displayed. Guide Jobs may use words or phrases interchangeably (for example, “Ad”, “Urgently Hiring”, “Paid”, “Promoted”, “Sponsored”, “Urgent” or similar) in connection with a sponsored advertisement on Guide Jobs. Job Ads posted directly on Guide Jobs may no longer appear on the Site after a certain period of time; in some cases, these Job Ads may need to be sponsored in order to remain visible or become visible again. However, Job Ads indexed by Guide Jobs will expire after a certain period of time and Guide Jobs is unable to restore their visibility. Please note that Job Ads may expire between the time you submit your application and from the time it is received. Guide Jobs has no responsibility for expired Job Ads or for delivering applications prior to a Job Ad’s expiration. Guide Jobs may require sponsorship for the display of any Job Ad at any time for any reason. Guide Jobs may recommend or suggest a budget for any Job Ad to maintain or optimize its visibility. The suggestion is made without warranty and is not a guarantee regarding placement or visibility of any Job Ad. If you are located in Japan, you acknowledge that Guide Jobs’s content moderation policies may, in certain instances, result in the modification of your Job Ad, and you agree to this activity. If you are an Guide Jobs agency partner, you may be eligible to participate in an Guide Jobs partnership program. Agency partners in this program may attain the rank of “Gold”, “Silver”, or “Bronze” based on their Guide Jobs usage and engagement, measured by revenue. Guide Jobs’s determination of an agency’s rank is made at Guide Jobs’s full discretion and may be revoked at any time. Guide Jobs may offer certain Employers who sponsor Job Ads the opportunity to be displayed more prominently, or in an enhanced way, on the Site (“Featured Employer”). Featured Employer is awarded at Guide Jobs’s sole discretion. The ability to receive Featured Employer, generally, is a function of both the number of open jobs at your company and how much you spend. A Featured Employer may also receive subscriptions to the Guide Jobs Resume Program for a limited time (“Resume Rewards”), which are awarded at Guide Jobs’s sole discretion. The Featured Employer program and Resume Rewards may be changed or removed by Guide Jobs at any time, at Guide Jobs’s sole discretion.

2. Cancellation

Unless otherwise stated in an Insertion Order or other agreement to advertise with Guide Jobs, you may independently cancel online any advertisement at any time (such cancellation is generally effective within 24 hours). Guide Jobs may immediately cancel the Program or these IAP Terms at any time upon notice. Guide Jobs may modify the Program or these IAP Terms at any time without liability and your use of the Program after notice that these IAP Terms have changed indicates acceptance of the updated IAP Terms. Sections 1, 3, 4, 5 and 6 will survive any expiration or termination of these IAP Terms.

3. Prohibited Uses

You shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions or clicks; or (b) advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your advertisement is displayed. You represent and warrant that (x) all your information is correct and current; (y) you hold and grant Guide Jobs and Publishers all rights to copy, distribute and display Creative (“Use”); and (z) such Use and websites linked from your Jobs Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these IAP Terms or your account without notice, and may subject you to legal penalties and consequences. Guide Jobs or Publishers may reject or remove any Job Ad, and Guide Jobs may disable any Employer’s account, for any or no reason without notice. Although Guide Jobs may indicate why a job or account has been removed or disabled, we cannot give every reason why a job or a company may be removed, and we always retain the right to remove any job, organic or sponsored, if we feel it is in our interest or our users’ interest. For examples of why Guide Jobs may reject such Job Ads from Employers, refer to Guide Jobs’s Search Quality Policies, which are provided by way of illustration and are not exhaustive. By submitting your Job Ad to Guide Jobs, you agree that Guide Jobs is under no obligation to accept, host, or publish your Job Ad. That decision is entirely Guide Jobs’s in its sole discretion. The Guide Jobs team responsible for maintaining the quality of the Site is independent, and its decisions are final and not subject to review. Guide Jobs may require certain Job Ads to be sponsored in order to verify the legitimacy of the Job Ad and/or the Employer, to prevent abuse of the free to post system, to improve our services, or for any other reason in Guide Jobs’s sole discretion. Guide Jobs may also limit the number of free Job Ads you are allowed to post at a given time in Guide Jobs’s sole discretion. For example, we may require you to sponsor the following types of Job Ads: identical jobs posted in multiple locations, jobs posted with a confidential or generic company name, jobs that are commission only, hard-to-fill jobs, jobs posted by a staffing agency, recruitment process outsourcer, or other recruitment-based company, and any other jobs as determined by Guide Jobs. Additionally, Guide Jobs may choose not to accept an employer’s XML feed or any Job Ads in an XML feed for any or no reason. If you are a job board as determined by Guide Jobs, Guide Jobs reserves the right to include or reject any or all of your Job Ads. By submitting Job Ads to Guide Jobs, you agree that the determination as to whether you are deemed to be a job board is made by Guide Jobs in its sole discretion, and such decision is binding, and you agree that Guide Jobs is under no obligation to accept, host, or publish your Job Ad. That decision is entirely Guide Jobs’s in its sole discretion. The Guide Jobs team responsible for maintaining the quality of the Site is independent, and its decisions are final and not subject to review. For examples of why Guide Jobs may stop accepting such Job Ads from job boards, refer to the Job Board Inclusion Guidelines. As a job board, you may only post Job Ads on the Site for your own company; you may not post Job Ads on the Site for your clients and if you do or attempt to do so, Guide Jobs reserves the right to disable your account. Guide Jobs further reserves the right to reject any Job Ads which advertise staffing opportunities or platforms rather than actual jobs. You acknowledge that inclusion of jobs in violation of these guidelines on the Guide Jobs Site may harm Guide Jobs and its users. When you create an Guide Jobs account, Guide Jobs may require that you verify your identity through a third party service called Mitek. By using Mitek, you are submitting your identification documents for verification directly to Mitek, you are agreeing to share your identification with Mitek, and you agree that Mitek is solely responsible for any use or loss of data. Guide Jobs may have access to your identification documents via Mitek.

4. Disclaimer and Limitation of Liability

GUIDE JOBS’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, GUIDE JOBS AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. Guide Jobs and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: (i) costs per click, (ii) click through rates, (iii) delivery of any impressions on any Publisher Property or Guide Jobs Property or sections of such properties, (iv) clicks, (v) conversions for any Creative, or (vi) interest in your Job Listing. The aforementioned disclaimers apply regardless of whether a Job Listing appears on desktop or mobile. CLICKS ARE ANONYMOUS AND GUIDE JOBS HAS NO RESPONSIBILITY FOR CONFIRMING A USER’S IDENTITY. A CLICK ON YOUR JOB LISTING DOES NOT GUARANTEE INTEREST IN SUCH JOB LISTING. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IAP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IAP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO GUIDE JOBS BY YOU FOR THE JOB ADS GIVING RISE TO THE CLAIM.

5. Payment

You shall be charged based on click count, regardless of whether you set a total budget. If you are located in the United States, you shall pay all charges in US dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may be able to pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. This choice of currencies will be fully subject to Guide Jobs’s discretion. Charges are exclusive of all taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Guide Jobs incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Guide Jobs products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Guide Jobs’s click measurements. Guide Jobs’s determination of click count shall be binding. Refunds (if any) are at the absolute discretion of Guide Jobs and only in the form of advertising credit for Guide Jobs Property. If you are removed from Guide Jobs, but have previously spent on Guide Jobs, you are not entitled to a refund of previously spent amounts. You acknowledge and agree that any credit card and related billing and payment information that you provide to Guide Jobs may be shared by Guide Jobs with companies who work on Guide Jobs’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Guide Jobs and servicing your account. Guide Jobs may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Guide Jobs shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Guide Jobs shall have no liability whatsoever therefor. Invoices may be provided to you via electronic mail. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Guide Jobs product, Guide Jobs reserves the right to suspend or terminate your use of that Guide Jobs product as well as any other Guide Jobs product, including but not limited to those Guide Jobs product where you do not have an unpaid invoice or account balance.

6. Indemnification

You shall indemnify, defend and hold harmless Guide Jobs, its agents, affiliates, licensors, and Publishers from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Creative, site or Your Services, or breach of these IAP Terms.

Guide Jobs Resume/CV Program Terms

These Guide Jobs Resume Program Terms or Guide Jobs CV Program Terms (collectively, “IRP Terms”) form a part of, and are incorporated into, the Guide Jobs Terms of Service (the “Agreement”), and apply to any Employer that accesses or uses the Guide Jobs Resume Program, or that otherwise indicates its acceptance of these Guide Jobs Resume Program Terms.

Any capitalized terms that are used but not defined in these IRP Terms have the meaning set forth in the Agreement.

1. The Program

Use of the Guide Jobs Resume Program (“Program”) by an individual who posts his or her resume on the Site (hereinafter, “Resume Owner”) or Employer on or through the Site is subject to all applicable Guide Jobs best-practice guidelines, policies and other terms and conditions made available to you, including through the Site, on the subscription purchase page, and on the FAQ and information page(s) for the country you are purchasing a subscription for, any or all of which may be modified at any time. You shall not use any information obtained from the Site except for internal use in selecting and contacting Resume Owners, through Guide Jobs, for purposes of filling your Job Listings. You are expressly forbidden from using any product or system intended to extract the information from a Resume, in order to circumvent the Resume contact system. Use of such system will result in your immediate termination from the Program. In addition, as a feature of the IRP, Guide Jobs may send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume.

IMPORTANT NOTICE : YOU EXPRESSLY AGREE THAT: in purchasing or obtaining access to the Program, you are paying Guide Jobs the amount indicated on the Site for the purpose of Guide Jobs facilitating your contact with a Resume Owner by sending a message to the email address that the relevant Resume Owner has provided to Guide Jobs. Your use of the Program is subject to all Guide Jobs Site Rules and policies, including the Guide Jobs Privacy Policy and any policies pertaining to Relay Services. Guide Jobs does not guarantee that the email address is still in use, that such message will be received, that such message will be read, that such message will be acted upon by any potential Resume Owner, or that any Resume Owner’s resume is valid, accurate or complete in any respect. Guide Jobs may return different results for the same resume search query and has full discretion with respect to the resumes or profiles it presents in response to any particular search. In addition, in accord with the Agreement, you expressly agree that Guide Jobs does not allow its Resume Contact service to be used in a spam like manner, which Guide Jobs defines as sending requests for job positions to persons who are, as indicated by Guide Jobs experience and Resume Owner behavior and reaction, unsuited for the role. Guide Jobs reserves the right to disable Guide Jobs Resume contact service for any user who, in Guide Jobs’s sole discretion, violates these IRP Terms, including the foregoing term. We reserve the right to drop messages in accordance with the Guide Jobs Privacy Policy, including without limitation dropping any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment for any or no reason. The only acceptable use of the IRP is for you to contact a Resume Owner through Guide Jobs regarding a Job Listing or potential employment. No other uses of the IRP are permitted. Scraping the Guide Jobs Resume database or using the Guide Jobs Resume database for any other purpose except as allowed will result in legal action being taken against you. Additionally, if you are a competitor of Guide Jobs (including but not limited to any job aggregation website or any job posting websites) you may not use the Guide Jobs Resume database to contact a Resume Owner for the purpose of sending them a job offer from your clients, and any such competitive use of the Guide Jobs Resume database may result in Guide Jobs blocking you from the Site, blocking you from contacting Guide Jobs Resume Owners, and blocking your contact emails to those resume owners without notice and you consent to the same. Each Resume subscription is solely for the individual use of the person to whom it is assigned, and may not be shared with other users.

In the event phone numbers are provided by the Job Seeker in the resume, Guide Jobs does not guarantee their validity and can not confirm whether such numbers are landlines or cell phones. You agree to call Job Seekers regarding relevant job opportunities only. It is your sole responsibility to comply with all TCPA guidelines, including laws against automated telephone dialing systems.

Information contained in Job Seeker resumes is self-reported by Job Seekers and is not verified by Guide Jobs. Any filtering, sorting, or ranking tools available to you as part of the Resume program rely on this self-reported information. The appearance of a given Job Seeker’s resume in search results is not a guarantee that the Job Seeker has the attributes or experience you have selected.

2. Cancellation

Once you have requested that Guide Jobs contact a Resume Owner, you may not revoke such request. Cancellation of your use of the IRP shall be in accordance with any cancellation policies listed on the Site.

3. Your Information

You represent and warrant that all information you provide to Guide Jobs is correct and current. You represent to Guide Jobs that you are an Employer interested in considering the Resume Owner as a potential employee.

4. Disclaimer and Limitation of Liability

EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IRP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IRP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO GUIDE JOBS BY YOU FOR THE GUIDE JOBS RESUME SERVICE GIVING RISE TO THE CLAIM.

5. Payment

You shall be charged if, and as, indicated by the Site. Details regarding the resume subscription plan are available on the Site. If your billing address is in the United States, you shall pay all charges in US Dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may be able to pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. This choice of currencies will be fully subject to Guide Jobs’s discretion. Charges are exclusive of taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Guide Jobs incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Guide Jobs products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODIC ALLOTMENTS UNDER THE APPLICABLE RESUME SUBSCRIPTION PLAN. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. Refunds (if any) are at the absolute discretion of Guide Jobs and only in the form of credit for Guide Jobs services. You acknowledge and agree that any credit card and related billing and payment information that you provide to Guide Jobs may be shared by Guide Jobs with companies who work on Guide Jobs’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Guide Jobs and servicing your account. Guide Jobs may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Guide Jobs shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Guide Jobs shall have no liability whatsoever therefore. Invoices may be provided to you via electronic mail, unless otherwise specified by Guide Jobs. If you purchase a subscription plan, you acknowledge and agree that Guide Jobs will charge you on a recurring basis until you cancel your subscription plan and such cancellation goes into effect, which may not be until the next billing cycle. The applicable billing cycle (e.g. monthly or annual, etc.) will depend upon the terms agreed upon.

6. Indemnification

You shall indemnify, defend and hold harmless Guide Jobs, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any contact you have with the recipient (or intended recipient), any email you request to be sent pursuant to these IRP Terms, or any phone call or text message you make to a recipient.

Guide Jobs Assessments Terms

These Guide Jobs Assessments Terms (“IA Terms”) form a part of, and are incorporated into, the Guide Jobs Terms of Service (the “Agreement”). By using Guide Jobs Assessments in any way, or by registering as a Candidate or an Employer on Guide Jobs Assessments, you agree to these Guide Jobs Assessments Terms and the Guide Jobs Terms of Service. Any capitalized terms that are used but not defined in these IA Terms have the meaning set forth in the Agreement. The term “You” refers to the Candidate or the Employer in accordance with the context of the sentence.

1. Introduction

Guide Jobs Assessments is an online tool for the provision and review of certain skills assessments selected by Employers (“Assessments”) and responses from Candidates (“Responses”) through the Site.

2. Assessments

Candidates:

In order to use Guide Jobs Assessments as a Candidate you must create an Guide Jobs Assessments account or log in using your preexisting Guide Jobs Assessments account. Account information you submit through the Site is subject to the Guide Jobs Terms of Service and to Guide Jobs’s Privacy Policy. Employers may use the Guide Jobs Assessments tool to send you Assessments, to which you may provide Responses. Guide Jobs may also offer you the option to select an Assessment to complete independent of a particular job, and your Response will be associated with your Guide Jobs profile. You may choose whether the Response is available to Employers viewing your Guide Jobs profile, though Guide Jobs will count the Response for purposes of generating aggregate Response statistics even if Your Response is hidden. An Assessment only evaluates a particular skill. It does not evaluate a Candidate’s qualification for any job. Whether a particular skill is relevant to a job, or whether a Candidate is qualified or appropriate for a job, is decided solely by the Employer sending the Assessment and reviewing your Response.

You acknowledge and understand that Guide Jobs does not choose the Assessments sent by Employers and has no control over Employers’ selection or use of Assessments. You agree that the questions in any Assessment are solely being asked by the Employer sending the Assessment and are not being asked by Guide Jobs. You further agree that Guide Jobs is not responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent state act, and that the responsibility for offering any such alternative method lies solely with Employers. If you require an accommodation, or any alternative method(s) of Assessment, screening or application, you must indicate it to the Employer. Guide Jobs may provide a means by which you may request such an alternative method or other accommodation from the Employer; Guide Jobs does not guarantee the Employer’s receipt of, or response to, any such request. Guide Jobs does not warrant that the method of delivery of any Assessment question would be compliant with the Americans with Disabilities Act or any equivalent state act.

Receiving or responding to an Assessment does not guarantee a job or job offer, or a job offer at any particular salary, or any further communication or action by any Employer.

Assessment links sent to you may continue to be active after an Employer has paused or closed their job campaign on Guide Jobs. Once an Employer pauses or closes their Job Ad (for example, after the Employer has made a hire), Guide Jobs cannot guarantee that the Employer will view any notices or updates regarding such Job Ad, including Assessments and accommodation requests related to that Job Ad. You may still choose to take the Assessment for the purpose of adding its results to your Guide Jobs Profile or for another job application.

Employers:

You agree that any Assessment sent by Guide Jobs to a Candidate is done so at your sole request, and you represent and warrant that you have that Candidate’s consent for Guide Jobs to contact that Candidate for the purpose of transmitting the Assessment(s) you have selected. You also acknowledge that once you have requested that Guide Jobs transmit your Assessment to a Candidate, that request cannot be canceled. Guide Jobs does not guarantee that any Candidate will receive, access, read or respond to any Assessment, or that there will be no mistakes in the transmission of the data. However, Guide Jobs may alert you when any of the above events occur.

You agree you have made the determination to use Guide Jobs Assessments as part of your application process, and that the types of questions asked in any Assessment or bundle of Assessments you send to a Candidate are solely being asked by you and are not being asked by Guide Jobs. You agree you are solely responsible for the use of Assessments and Responses in compliance with the law, including the Fair Credit Reporting Act and similar state statutes. You are solely responsible for your use of Guide Jobs Assessments, including without limitation any results which are considered to have a “disparate impact.” You further agree that you are solely responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent state act. You acknowledge that Guide Jobs may, but is not obligated to, provide a means by which Candidates may request such an alternative method or other accommodation from you. Guide Jobs does not warrant that the method of delivery of any Assessment question would be compliant with the Americans with Disabilities Act or any equivalent state act.

You agree that an Assessment only evaluates a particular skill. It does not evaluate a Candidate’s qualification for any job. Whether a particular skill is relevant to a job, or whether a Candidate is qualified or appropriate for a job, is decided solely by you. You are the sole party to determine which Assessment to send to any Candidate. Guide Jobs reserves the right to change any Assessment or the questions asked within an Assessment at any time, for any or no reason, including but not limited to quality control.

Sending an Assessment to a Candidate does not guarantee a Response or any further communication or action by any Candidate. You consent to your Assessment and any other communications sent through Guide Jobs Assessments being processed and analyzed by Guide Jobs according to this Agreement and Guide Jobs’s Privacy Policy.

3. Responses

A Candidate may, but is not required to, provide a Response to an Assessment sent by an Employer. After a Candidate has provided a Response, the Employer will be able to use the Guide Jobs Assessments platform to review the Response. A candidate may also have the option to select an Assessment and associate the Response with their Guide Jobs profile, which will be visible to Employers in accordance with our Terms. If there are multiple versions of the same Assessment, the Response percentile for any Candidate will be determined only in relation to other Responses to the same version of that Assessment.

As a Candidate, you consent to your Responses, applications, and any other communications sent through Guide Jobs Assessments being processed and analyzed by Guide Jobs according to this Agreement and Guide Jobs’s Privacy Policy.

As a Candidate, you are requesting and authorizing Guide Jobs to make your Response available to the Employer providing the Assessment, or (in the case of Assessments selected by You) to any Employer viewing Your Guide Jobs profile. You understand that this is without warranty, and that Guide Jobs reserves the right to display or reformat Responses in a manner to permit Employers to review your Response together with Responses from other Candidates. Guide Jobs may aggregate the results of all Candidate-selected Assessments for the purpose of displaying the percentile for Your Response. You also acknowledge that once you have requested that Guide Jobs transmit your Response to an Employer, that request cannot be canceled. Guide Jobs does not guarantee that any Employer will receive, access, read or respond to any Response, or that there will be no mistakes in the transmission of the data. However, Guide Jobs may alert you when any of the above events occur.

An Employer is the sole party to determine whether a Response indicates a qualified candidate. Employers may have instructed Guide Jobs to send out rejection notices if you have have not responded to Assessments in a manner acceptable to the Employer, and you acknowledge that Guide Jobs has no discretion in the transmission of these rejections. The Employer is the sole party to determine whether to give you the opportunity to retake any Assessment sent by that Employer or update or modify your Response.

As an Employer, you acknowledge and agree that Responses are only provided on the condition that you use them responsibly and legally as part of your hiring process, which includes considering any other relevant information about the Candidate. Guide Jobs may display excerpts from or summaries of Responses in other products such as Guide Jobs Resume. These summaries are for convenience only and are not to be used in lieu of the full Response in context. You agree not to rely solely on such excerpts or summaries when making a hiring decision regarding any Candidate.

4. Rules For Using Guide Jobs Assessments

Whether you are a Candidate or Employer, you represent and warrant that you shall not access or use Guide Jobs Assessments for any directly or indirectly illegal, discriminatory, or fraudulent purpose. You shall not create or send any Assessment or Response which is directly or indirectly illegal, discriminatory, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You shall not create or send any Assessment or Response containing proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing).

Employers may not create or send any Assessment which seeks highly confidential personal information from Candidates, such as bank account or credit card information, online account information, social security numbers (or similar counterparts outside the United States of America), health information, or other categories of data subject to special breach notification requirements in any country. Candidates may not create or send any Response which contains any such highly confidential personal information.

Whether you are a Candidate or Employer, you understand and agree that Guide Jobs does not have any obligation to screen any Assessment or Response, or to include any Assessment or Response in the Site, and may exclude or remove any Assessment or Response from the Site for any or no reason without liability or notice.

5. Guide Jobs’s Role

Guide Jobs does not act as an employment agency by offering the Guide Jobs Assessments tool. By using Guide Jobs Assessments, you acknowledge and agree that Guide Jobs is not procuring employees for Employers or procuring opportunities to work for Candidates. Guide Jobs merely provides a tool enabling Employers and Candidates to exchange Assessments and Responses as they determine. The sole responsibility for the content of any Assessment or Response, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of Guide Jobs Assessments, is solely with Employers or Candidates as applicable.

Guide Jobs cannot confirm the information submitted by any Employer, Candidate, or other user, including the identity of any user. Guide Jobs does not inquire into the backgrounds of Candidates or Employers or attempt to verify the statements of Candidates or Employers. You are responsible for conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a Candidate or accepting an offer of employment from an Employer. You are responsible for complying with all laws and regulations relating to the intended employment of any Candidate. If you are a Candidate, you agree that any rights you have under any applicable employment, equality or discrimination laws, the US Fair Credit Reporting Act, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries, may only be asserted against the Employer. Further, for any skill area in which formal licenses or certifications may exist, Assessments do not act as a substitute for such license or certification and do not speak to whether a Candidate is qualified for or has such a license or certification. It is the Employer’s sole responsibility to determine what licenses or certifications are required for their job and whether a Candidate has such license or certification. Guide Jobs also makes no statement as to whether a particular skill is necessary for a job and it is an Employer’s sole responsibility to make such determination (or seek appropriate legal counsel to do so), in accordance with the EEOC or other applicable laws.

Guide Jobs is not a third party to or liable for any agreements between an Employer and Candidate, regardless of whether or not Guide Jobs receives a fee from the Employer in connection with the transaction. Guide Jobs will not be liable for any costs or damages arising out of or related to such transaction.

Guide Jobs assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of the Site, the Guide Jobs Assessments tool, and any Assessment or Response.

6. Fees

Guide Jobs Assessments is free for Candidates.

Guide Jobs Assessments is currently free for Employers. Guide Jobs may, in its sole discretion and at any time, end Employers’ free use of Guide Jobs Assessments and begin to charge Employers to use Guide Jobs Assessments as a standalone product or in conjunction with an Employer’s use of any other Guide Jobs product.

7. Confidentiality

Candidates:

You agree and acknowledge that the usefulness and value of Assessments and Responses depend on their contents being kept confidential. You therefore agree to keep the content of Assessments and Responses confidential and to not reproduce or discuss them with anyone, except that you may communicate with an Employer about an Assessment they have sent to you and your Response.

Employers:

You agree to keep all information gained from using Guide Jobs Assessments confidential. You agree that (1) you will use any content submitted by Candidates only in accordance with applicable privacy and data protection laws; (2) you will not disclose the names or identities or share the profile of any Candidates outside of your recruiting or hiring department; and (3) you will take appropriate physical, technical and administrative measures to protect content you obtain through use of Guide Jobs Assessments from loss, misuse, unauthorized access, disclosure, alteration or destruction.

8. Disclaimer and Limitation of Liability

GUIDE JOBS ASSESSMENTS AND ALL MATERIALS, INFORMATION, ASSESSMENTS, RESPONSES, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH GUIDE JOBS ASSESSMENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. GUIDE JOBS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY ASSESSMENT OR RESPONSE THAT HAS BEEN PROVIDED TO GUIDE JOBS IS VALID OR ACCURATE, THAT ANY COMMUNICATION (INCLUDING WITHOUT LIMITATION ASSESSMENTS AND RESPONSES) WILL REACH THE INTENDED RECIPIENT, THAT THE INTENDED RECIPIENT OF THE COMMUNICATION SENT AT YOUR REQUEST WILL READ IT, OR THAT THE INTENDED RECIPIENT OF YOUR COMMUNICATION WILL ACT UPON IT. GUIDE JOBS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. GUIDE JOBS DISCLAIMS ANY WARRANTY THAT GUIDE JOBS ASSESSMENTS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED.

EXCEPT FOR YOUR BREACH OF SECTION 7 (CONFIDENTIALITY) OR INDEMNIFICATION AMOUNTS PAYABLE HEREUNDER, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO GUIDE JOBS BY YOU.

9. Indemnification

You agree to defend, indemnify and hold harmless Guide Jobs from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your violation of any term of this Agreement; (b) your use of, and access to, Guide Jobs Assessments or the Site; (c) your loss of, or disclosure of, information gained from using Guide Jobs Assessments or the Site; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; or (g) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Candidate. You also agree that you have a duty to defend Guide Jobs against such claims. You agree that this indemnity extends to requiring you to pay for Guide Jobs’s reasonable attorneys’ fees, court costs, settlements and disbursements. This defense and indemnification obligation will survive this Agreement and your use of Guide Jobs Assessments.

10. Termination

Guide Jobs may suspend Guide Jobs Assessments, the Site, your account, or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying Guide Jobs at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Seen by Guide Jobs Terms

These Seen by Guide Jobs Terms (“Seen Terms”) form a part of, and are incorporated into, the Guide Jobs Terms of Service (the “Agreement”). By using Seen by Guide Jobs (“Seen”) in any way, or by registering as a Candidate or an Employer on Seen, you agree to these Seen by Guide Jobs Terms and the Guide Jobs Terms of Service.

Any capitalized terms that are used but not defined in these Seen Terms have the meaning set forth in the Agreement. The term “You” refers to the Candidate, the Employer or the Referrer, as per the context of the sentence.

1. Introduction

Seen by Guide Jobs (“Seen”) is an online tool that allows Seen Employers (“Employers”) to connect with Candidate Job Seekers (“Candidates”). The term “Candidate” will refer to users of Seen who are seeking employment opportunities through Seen. The term “Employer” will refer to a company that is interested in using the Seen online tool to evaluate Candidates for employment.

Users who wish to participate in Seen as a Candidate or Employer must first apply as detailed below. Not all users who apply to Seen will be accepted into the program, though all users who apply to Seen will remain within the Seen database regardless of acceptance, subject to our Privacy Policy.

Candidates accepted by Guide Jobs will be entered into the Seen Talent List of Candidates (“List”). Employers accepted by Seen may use the Seen tool to review Candidates in the List. Employers may choose to interview Candidates from the List and conduct a hiring process with such Candidate if they wish. There is a charge for use of this tool to the Employers, as set forth below. There is no charge to Candidates.

2. Applying to Seen by Guide Jobs

Candidate:

In order to use Seen as a Candidate you must create an Guide Jobs account or login using your preexisting Guide Jobs account, create a profile, and apply. When applying to Seen, we may require you to provide us with additional information, such as your name, email address, phone number, skill set, salary requirements and geographic location. At this stage, you may have the opportunity to block your profile from certain Employers, though Guide Jobs cannot guarantee that such Employers will never be able to view your Seen profile. We will use the information that you provide us during the application process to determine whether you will be accepted into Seen by Guide Jobs. You agree that such a determination may be made on the basis of automated decision making. We may use a third party vendor to help us review your application. We reserve the right, in our sole discretion, to accept or reject your application to use Seen.

If you are accepted into Seen, we will notify you via email. Once you have been accepted, a member of the Seen Talent Team (“Talent Consultant”) may reach out to you via the email address or phone number you provided, and work with you to finalize your Candidate profile. Please note that although Seen may suggest ways to help highlight your qualifications, you retain responsibility for the content, truth, and accuracy of your profile. The Talent Consultant may continue to work with you throughout your time on Seen.

If you are not accepted into Seen, you will be notified via email and your profile will remain within the Seen database as a private, non-searchable profile, which may be sent to Employers that Seen believes may be interested in you.

Employer:

In order to use Seen as an Employer you must also apply. Applying to be an Employer is free. When applying we may ask you for additional information related to your company, including but not limited to, your name, email address, company URL, phone number and geographic location. We will review the information that you provided to us during the application process to determine whether you will be accepted into Seen. We reserve the right, in our sole discretion, to accept or reject your application to Seen. If your application is accepted, you will be notified via email and allowed to use the Seen online tool so as to engage with, and reach out to Candidates that are available in the Seen List.

3. Talent List

Candidates:

After a Candidate has applied and been accepted to Seen, he or she will be placed into the List to be viewed by Employers using the Seen tool. Candidates will remain in the List for such a time as determined by Guide Jobs, as per Guide Jobs rules. Employers will then have the opportunity to engage with Candidates in the List. Candidates may receive emails from Employers informing them of their interest in the Candidate, and providing them details about the job solicitation. Guide Jobs has no input into the Employer’s selection process. Employers may be able to share Candidate profile information. A Candidate may, but is not required to, respond to any Employer that has contacted him or her. All requests for interviews by Employers through Seen do not guarantee a final job or job offer, or a job offer at any particular salary.

Guide Jobs may refer to Candidates in the List with certain descriptors such as “new,” “active,” or “passive,” which may be selected by the Candidate or may be based on the Candidate’s activity on Guide Jobs. For example, if a Candidate stops using the Seen platform, after a period of time Guide Jobs may label such a Candidate as “passive” until they use the Seen platform again. Some Employers may not be shown passive Candidates in search results, depending on the Employer’s subscription to Seen. In addition, Guide Jobs may remove any Candidate from the List, at any time, for any reason, in Guide Jobs’s sole discretion. A removed Candidate may reapply through their Talent Consultant for consideration to be reentered into the List. The re-application process is at Guide Jobs’s sole discretion, and not all re-applications will be granted.

Employers:

After an Employer’s application has been accepted by Seen, the Employer will be able to use the Seen tool in order to browse the Candidates in the List, communicate with these Candidates, and submit interview requests to Candidates. Employer acknowledges and agrees that all Candidate information in the List is provided by Candidates only, and that Guide Jobs cannot vouch for the accuracy or truth of Candidate profiles. Seen does not inquire into the backgrounds of Candidates or attempt to verify the identity or statements of Candidates. Employers are responsible for conducting any background checks, reference checks, or other due diligence that may be required before making an offer of employment to a Candidate. Employers are responsible for complying with all laws and regulations relating to the intended employment of any Candidate. No contractual obligations are created for either the Candidate or the Employer through the use of Seen. The Candidate is not obligated to accept any offer from an Employer that contacts them through Seen. Additionally, offers or interview requests submitted by an Employer to a Candidate through Seen are not binding on the Employer. Employer agrees that Guide Jobs is entitled to publish the details of all non-binding offers made and the identity of those parties that have made such offers, unless the Employer has elected to remain anonymous. Guide Jobs may associate Candidates in the List with certain descriptors such as “new,” “active,” or “passive,” or similar words. These descriptors may be selected by the Candidate or they may be based on a Candidate’s activity on Guide Jobs, and do not guarantee a candidate’s interest level in any job or Employer.

Employer agrees not to attempt to circumvent Seen by attempting to contact a Candidate through alternative means after discovering the Candidate on Seen.

Guide Jobs’s Role:

Guide Jobs does not act as an employment agent by providing the Seen product. Guide Jobs merely provides a tool enabling Candidates and Employers to connect with each other. Candidates and Employers are solely responsible for the information provided in any resume or profile, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of Seen.

You understand that Seen does not inquire into the backgrounds of Candidates or Employers or attempt to verify the statements of Candidates or Employers, and that you are responsible for (1) conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a Candidate or accepting an offer of employment from an Employer, and (2) complying with all laws and regulations relating to the intended employment of any Candidate. If you are a Candidate, you agree that any rights you have under any applicable employment, equality or discrimination laws, the US Fair Credit Reporting Act, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries may only be asserted against the Employer.

Guide Jobs is not a party to, beneficiary of, or liable for, any agreements between an Employer and Candidate, regardless of whether Guide Jobs receives a fee from the Employer in connection with the transaction. You agree that Guide Jobs will not be liable for any costs or damages arising out of or related to such transaction.

4. Fees and Refunds

Candidates:

Seen by Guide Jobs is free for Candidates.

Employers:

Seen by Guide Jobs offers services to Employers under a subscription-based model (“Subscription Model”). The Subscription model offers three pricing plans offering varying features: Starter, Standard, and Professional. The determination of which pricing plan an Employer falls into is made at Guide Jobs’s sole discretion at the time of signup (even if an Employer requests a different pricing plan).

1. Under the Subscription Model, Employers agree to pay upfront an initial subscription fee for a period of time specified in any Guide Jobs insertion order or online pricing page (each subscription period is a “Term”), if applicable. Each Employer is allocated a certain number of contacts with Seen Candidates based on the Employer’s pricing plan. Guide Jobs may credit contacts to Employers from time to time in its sole discretion. Employers subscribed to different pricing plans may have different visibility levels with regard to Candidates. For example, employers using the Starter subscription may not be able to view candidates labeled as “Passive” in the Seen platform. The decision regarding which candidates to show in search results is made by Guide Jobs in its sole discretion.

2. The Starter Plan is currently free for Employers. Pricing for the Standard and Professional Plans will be indicated on the applicable Guide Jobs insertion order or the Seen pricing page.

3. All plans under the Subscription Model will automatically renew for additional Terms, except where prohibited by applicable law. If you wish to cancel your Subscription, you must do so no later than 15 days prior to the end of any Term. No refunds will be given for payment made during any Term.

4. Payment is due upon receipt of an insertion order or email confirming your purchase, unless otherwise agreed upon in writing with Guide Jobs.

If you wish to use the Seen tool, you must have an agreement with Guide Jobs, Inc. or Guide Jobs Ireland Operations Ltd. to do so under one of the pricing models listed above, and have accepted Guide Jobs’s online Terms of Service. Taxes will be charged as applicable. The obligation to pay Fees shall survive termination or expiration of this Agreement.

5. Referrals

5(a) Guide Jobs may offer “Candidate Referral Rewards” in the form of gift cards to individuals who refer a Candidate to Seen (the “Candidate Referrer”), if the conditions below are met. The currency and amount paid in the gift card with respect to all Candidate Referral Rewards will be determined by Guide Jobs in its sole discretion, and will depend on the tax residence of the Candidate Referrer.

The following conditions and limitations apply to any Candidate Referral Rewards:

1. The Candidate referred by the Candidate Referrer must have been accepted onto Seen by Guide Jobs.

2. You must be tax resident in the U.S., the U.K., Canada or Ireland. If you are tax resident in the U.S., in order to receive a Candidate Referral Reward, you must provide Guide Jobs with a valid and completed W-9 document and ACH form. If you have not provided Guide Jobs with a valid and completed W-9 and ACH form, you will receive no Candidate Referral Reward. If you are tax resident in the U.K., Canada or Ireland, in order to receive the Candidate Referral Reward, you must provide Guide Jobs with your valid banking details upon request. If you are tax resident in the U.K., Canada or Ireland and make a referral for the U.S., in order to receive the Candidate Referral Reward, you must provide Guide Jobs with a valid and completed W-8 document and your valid banking details upon request.

3. All payments to any Candidate Referrer are gross amounts and the Candidate Referrer will be responsible for paying all applicable taxes on the reward.

4. Guide Jobs employees, directors, and officers are not eligible for the Candidate Referral program.

5. This program may be cancelled at any time without notice; all referrals made prior to program cancellation will be paid in the event the above conditions are satisfied.

6. Guide Jobs has the right to refuse any referred candidate participation in the Seen program for any reason.

7. No reward will be paid for any referred candidate who is already a member of Seen when the referral was received.

8. You represent to Seen that there is no contractual barrier to receiving a Candidate Referral Reward.

5(b) Guide Jobs will also offer “Employer Referral Rewards” in the form of a $500 (USD) gift card if in the U.S., a £500 (GBP) gift card if in the U.K., a €500 (EUR) gift card if in Ireland, or a $500 (CAD) gift card if in Canada, to individuals who refer recruiters or hiring managers at other companies (the “Employer Referrer”) who subsequently join Seen and use Seen for at least three months (“Referred Employer”). The currency and amount paid in the gift card with respect to all Employer Referral Rewards will depend on the tax residence of the Employer Referrer. In addition, the following limitations apply:

1. Guide Jobs has the right to refuse any Referred Employer participation in the Seen program for any reason.

2. No award will be paid for any Referred Employer who is already a member of Seen or was a member of Seen in the 12 months previous to when the referral was received, or for any Referred Employer who fails to timely pay any invoices from their first three months of using Seen.

3. There is a limit of 5 rewards per calendar year to any one Employer Referrer.

4. You must be a tax resident of the U.S., U.K., Canada or Ireland.

5. If you are tax resident in the U.S., in order to receive the Employer Referral Reward, you must provide Guide Jobs with a valid and completed W-9 document and ACH form. If you have not provided Guide Jobs with a valid and completed W-9 and ACH form, you will receive no Employer Referral Reward. If you are a tax resident in the U.K., Canada or Ireland, in order to receive the Employer Referral Reward, you must provide Guide Jobs with your valid banking details upon request. If you are tax resident in the U.K., Canada or Ireland resident and you make a referral for the U.S., in order to receive the Employer Referral Reward, you must provide Guide Jobs with a valid and completed W-8 document and your valid banking details upon request.

6. All payments to any Employer Referrer are gross amounts and the Employer Referrer will be responsible for paying all applicable taxes on the reward.

7. This program may be cancelled at any time without notice; all referrals made prior to program cancellation will be paid in the event the above conditions are satisfied.

8. Guide Jobs has the right to refuse any Referred Employer participation in the Seen program for any reason.

9. No reward will be paid for any Referred Employer who is already a member of Seen when the referral was received.

10. You represent to Seen that there is no contractual barrier to receiving an Employer Referral Reward.

11. Guide Jobs employees cannot refer or be referred and receive an Employer Referral Reward.

5(c) Guide Jobs will also offer the Seen Ambassador Program. To become a Seen Ambassador, you must apply and be accepted into the Seen Ambassador Program. Applicants represent and warrant that all information submitted to Guide Jobs is true, accurate and complete. Guide Jobs shall have absolute discretion as to whether or not it accepts a particular applicant for participation in the Program or any part thereof. If you are accepted as a Seen Ambassador, we will notify you via email. Please note that certain aspects of the Seen Ambassador Program may be managed by a service provider or other third party. Such service provider may display information and statistics regarding the Ambassador Program, but the final determination of such information will be made by Guide Jobs. For example, the service provider may provide a dashboard showing the current number of Candidate or Employer referrals, but the final number of such referrals is subject to revision due to factors such as the discovery of duplicates, incorrect information, fraud, or other reasons determined by Guide Jobs.

Guide Jobs reserves the right in its sole discretion to suspend any Ambassador’s participation in the Program for any reason in Guide Jobs’s sole discretion, including without limitation if Guide Jobs suspects any violations of these Terms. As an Ambassador, you agree to defend and indemnify Guide Jobs from any third party action, claim, or demand against Guide Jobs arising from your participation in the Program, including but not limited to any breach of these Terms or any breach of applicable law. The foregoing shall be in addition to, and not in lieu of, any other remedies that Guide Jobs may have as a result of a violation of these Terms by an Ambassador.

The following rules also apply to the Seen Ambassador Program:

1. All participants must be at least eighteen years of age.

2. Ambassadors may only participate in the Program if they clearly identify themselves as Seen Ambassadors. Under no circumstances may an Ambassador impersonate or act as Guide Jobs on any site (which shall include bidding on Guide Jobs’s names or trademarks in any search engine marketing advertising platform), including, but not limited to, on third party sites. Any marketing activity performed by an Ambassador must comply with all laws of the jurisdiction in which the marketing is conducted.

3. Ambassadors may not conduct any text message or SMS-based marketing in connection with the Seen Ambassador Program.

4. Ambassadors in good standing and in compliance with these Terms will receive a commission payment amount determined by Guide Jobs in its sole discretion with respect to each Candidate or Employer referred by the Ambassador and accepted into the Seen program. YOU ACKNOWLEDGE AND AGREE THAT SUCH COMMISSION AMOUNT MAY BE SUBJECT TO A CAP, TO BE DETERMINED BY GUIDE JOBS IN ITS SOLE DISCRETION AND SUBJECT TO CHANGE AT ANY TIME. You also acknowledge and agree that any billing and payment information that you provide to Guide Jobs may be shared by Guide Jobs with companies who work on Guide Jobs’s behalf, such as payment processors, solely for the purposes of effecting payment to You and servicing your account. Guide Jobs shall pay each Ambassador within 30 days of the end of each calendar month for qualifying referrals during that month. Ambassador is solely responsible for providing and maintaining accurate contact and payment information associated with Ambassador’s account. Guide Jobs may withhold any and all payment if Ambassador is in breach of these Terms and Guide Jobs shall have no further liability to Ambassador.

5. Ambassadors must refer Candidates or Employers to Seen through a unique referral link or other method provided by Guide Jobs to identify the referring Ambassador. Candidates or Employers referred to Seen through other methods may not result in a commission. Referring a Candidate or Employer who is currently on, or previously applied to, the List will not result in a commission.

6. Guide Jobs will cooperate with law enforcement and other authorities in investigating claims of illegal activity or suspected illegal activity. Ambassadors shall cooperate with Guide Jobs in any corrective action that Guide Jobs deems necessary to correct and prevent violation of these Terms or applicable law, including without limitation providing Guide Jobs with all information necessary to investigate the suspected violation.

7. Any Ambassador may terminate their participation in the Program at any time by sending a notice by email to support-at-Guide Jobs dot com or other email address specified by Guide Jobs. Guide Jobs may terminate the Program or any Ambassador’s participation in the Program at any time by sending a notice to the email address specified in the Ambassador’s profile.

6. Confidentiality

You agree to keep all information gained from using Seen by Guide Jobs confidential. You agree that (1) you will use any content submitted by Candidates in accordance with applicable privacy and data protection laws; (2) you will not disclose the names, contact information, or identities of, or share the profile of, any Candidates in any List outside of your recruiting or hiring department; and (3) you will take appropriate physical, technical and administrative measures to protect content you obtain through use of Seen from loss, misuse, unauthorized access, disclosure, alteration or destruction. You also agree not to post, publicly disclose or disseminate any job offers which you become aware of through Seen.

You agree that by using Seen, Guide Jobs may call you at the phone number provided to Guide Jobs, including cell phone numbers. You further agree that Guide Jobs provides email proxy and relay tools to the users of Seen and that Guide Jobs may monitor, review, store and analyze your content (including your profile, applications, communications and responses) to provide you with personally relevant product features, prevent fraud, reduce unwanted mail, provide quality control, and improve the Site and Guide Jobs services.

Employer agrees that Guide Jobs is entitled to publish the details of all non-binding offers made and the identity of those parties that have made such offers, unless the Employer has elected to remain anonymous.

7. Disclaimer and Limitation of Liability

GUIDE JOBS’S PROVISION OF SEEN BY GUIDE JOBS AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO SEEN AND YOUR USE THEREOF, GUIDE JOBS AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE, AND ANY WARRANTY THAT THE CANDIDATE PROFILE INFORMATION THAT HAS BEEN PROVIDED TO GUIDE JOBS IS VALID, THAT THE COMMUNICATION SENT BY AN EMPLOYER WILL REACH THE INTENDED RECIPIENT, THAT THE INTENDED RECIPIENT OF THE COMMUNICATION SENT AT YOUR REQUEST WILL READ THE EMAIL, OR THAT THE INTENDED RECIPIENT OF YOUR REQUEST WILL ACT UPON SUCH REQUEST.

EXCEPT FOR ANY BREACH BY YOU OF SECTIONS 6 OR 8 HEREUNDER, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO GUIDE JOBS BY YOU FOR THE GUIDE JOBS TOOL GIVING RISE TO THE CLAIM.

8. Indemnification

9. Termination

We may suspend Seen by Guide Jobs, your account or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying Seen at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, success fee provisions, warranty disclaimers, indemnity and limitations of liability.

Guide Jobs Targeted Ads Terms

These Guide Jobs Targeted Ads Terms (“ITA Terms”) form a part of, and are incorporated into, the Guide Jobs Terms of Service (the “Agreement”), and apply to any Employer who accesses or uses the Guide Jobs Targeted Ads program, or who otherwise indicates its acceptance of these ITA Terms. These ITA Terms apply to both of Guide Jobs’s Targeted Ads Services: 1) Guide Jobs Targeted Ads: Brand (“ITA Brand”) and 2) Guide Jobs Targeted Ads: Apply (“ITA Apply”).

Any capitalized terms that are used but not defined in these ITA Terms have the meaning set forth in the Agreement.

1. The Program

Use of Guide Jobs Targeted Ads (“ITA”) on or through the Site is subject to all applicable Guide Jobs terms and policies, including without limitation the Guide Jobs Privacy Policyand those instructions provided on the Site, and, if you are using ITA, through our online forms. Guide Jobs policies may be modified at any time. With regards to any job advertisements posted on or through Guide Jobs through ITA, (“Targeted Ads”), you agree that you are solely responsible for all: (a) ad or job content and target URLs (“Creative”), whether generated by or for you; including but not limited to photograph(s) or logos you provide to Guide Jobs; and (b) websites proximately reachable from Creative URLs and your services and products (collectively “Your Services”). You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts. Targeted Ads may be placed on any Site, content, or property provided by Guide Jobs (“Guide Jobs Property”) or may be placed on a third party website. By posting a Targeted Ad on or through Guide Jobs, you authorize Guide Jobs to reformat the Job Ad to be effectively displayed on a mobile device. Target audience membership is based partly on information and criteria provided by the Employer, but the composition of each target audience is determined by Guide Jobs in its sole discretion.

ITA Apply: In order to participate in ITA Apply, you must either use Guide Jobs Apply to receive applications or add Guide Jobs’s conversion tracker snippet to the last page of your job application, also known as the post-apply page (the “Post-Apply Page”). The Post-Apply Page on which you add Guide Jobs’s conversion tracker snippet shall be determined by mutual agreement between you and Guide Jobs. However, please note that if you unilaterally place the conversion tracker snippet on a page other than the mutually agreed upon page, in violation of this agreement, Guide Jobs will still count this page as the Post-Apply-Page, charge you for any Applies (as defined below) on this page, and may require you to correct the placement. Any removal of the tracker snippet, or any provision of a method, for Job Seekers to apply to the Job Ad, bypassing the conversion tracker snippet will disqualify you from the program and will entitle Guide Jobs to any resulting damages. It shall be your responsibility to inform your job applicants that such tracker snippet is in place. The conversion tracker will attribute an application to Guide Jobs any time the job seeker started their search on Guide Jobs, despite any intervening activity. Additionally, if you receive the ITA Apply services, you may be given the option to include certain application questions for your Job Listing on an ITA ad as part of your application process. If you request that Guide Jobs include the questions you have chosen as part of your ITA ad, you acknowledge that job seekers who do not answer your questions in the manner set forth in your instructions may not be permitted to proceed with the application process through the ITA ad, and that you are requesting that Guide Jobs perform this action. You further acknowledge that your use of these questions is provided to you via a license to the application questions tool. Guide Jobs disclaims all warranties as to the performance of these questions, including but not limited to the accuracy of the job seekers’ answers to your application questions.

2. Cancellation

Unless otherwise stated in an insertion order or other agreement to advertise with Guide Jobs, you may independently cancel online any Targeted Ad at any time (such cancellation is generally effective within 24 hours for any Targeted Ad displayed on Guide Jobs). Guide Jobs may cancel ITA or these ITA Terms at any time. Guide Jobs may modify ITA or these ITA Terms at any time without liability, and your use of ITA after notice that these ITA Terms have changed indicates acceptance of the updated ITA Terms. Sections 1, 3, 4, 5, and 6 will survive any expiration or termination of these ITA Terms.

3. Prohibited Uses

You shall not, and shall not authorize any party to (a) generate automated, fraudulent or otherwise invalid impressions, applies, or clicks; (b) cause the under reporting, or circumvent or prevent the reporting of an application by any means, including but not limited to, by providing an alternative method for a Job Seeker to submit an application to your Job Ad and bypassing the Post Apply Page; or (c) advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your advertisement is displayed. You represent and warrant that (x) all your information is correct and current; (y) you hold and grant Guide Jobs and Partners all rights to copy, distribute and display Creative (“Use”); and (z) such Use and websites linked from your Targeted Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these ITA Terms or your account without notice, and may subject you to legal penalties and consequences. Guide Jobs or Partners may reject or remove any Targeted Ad, and Guide Jobs may disable any Employer’s account, for any or no reason without notice.

4. DISCLAIMER AND LIMITATION OF LIABILITY

GUIDE JOBS’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, GUIDE JOBS AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. Guide Jobs and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning, accuracy, or the levels or timing of: (i) costs per apply or per click, (ii) costs per impression, (iii) apply and click rates, (iv) impression rates (including any estimate of impressions or term provided in an insertion order), (v) delivery of any impressions on any Partner Property or Guide Jobs Property or sections of such properties, (vi) applies, (vii) impressions (viii) conversions for any Creative, (ix) targeted users, or (x) the interest-level of any users who apply to or view your job, or (xi) clicks. A CLICK ON YOUR JOB AD DOES NOT GUARANTEE INTEREST IN SUCH JOB AD. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IAP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IAP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO GUIDE JOBS BY YOU FOR THE JOB ADS GIVING RISE TO THE CLAIM.

5. Payment

You shall be charged in accordance with the pricing listed in a separate agreement or insertion order between you and Guide Jobs, and based on applies (“Applies” or “Apply”) and/or clicks if you are an Employer using ITA Apply, or based on impressions (“ITA Brand Impression” or “ITA Brand Impressions”) if you are an employer using ITA Brand. Applies are defined as a user visit to the agreed upon Post-Apply Page. ITA Brand Impressions are defined as an ad appearing on a page of the Site, which page has been presented to a Job Seeker. However, an ITA Brand Impression does not guarantee that a Job Seeker has viewed such ad. If you are an Employer using ITA Brand, your price per ITA Brand Impression found on any ITA Brand Insertion Order is defined as the cost per 1000 impressions. If your ITA Insertion Order does not contain an end date, you will continue to be billed until you contact Guide Jobs and request to be removed from the ITA Program. If your Guide Jobs employer account has a credit card on file for the Guide Jobs Ads Program, we will charge that same credit card for your Guide Jobs Targeted Ads. If your billing address is in the United States, you shall pay all charges in US Dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen and US Dollars. If your billing address is anywhere else, you may be able to pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. This choice of currencies will be fully subject to Guide Jobs’s discretion. Charges are exclusive of taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Guide Jobs incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Guide Jobs products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Guide Jobs’s Apply measurements, click measurements, or ITA Brand Impressions measurements. Guide Jobs’s determination of number of Applies, clicks or ITA Brand Impressions shall be binding. Refunds (if any) are at the absolute discretion of Guide Jobs and only in the form of advertising credit for Guide Jobs Property. You acknowledge and agree that any credit card and related billing and payment information that you provide to Guide Jobs may be shared by Guide Jobs with companies who work on Guide Jobs’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Guide Jobs and servicing your account. Guide Jobs may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Guide Jobs shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Guide Jobs shall have no liability whatsoever therefore. Invoices may be provided to you via electronic mail.

6. Indemnification

You shall indemnify, defend and hold harmless Guide Jobs, its agents, affiliates, licensors and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of your ITA use, Creative, site or Your Services, or your breach of these ITA Terms.

*For the purposes of this Agreement, the Asia-Pacific Region is defined as the following countries and territories: American Samoa, Antarctica, Australia, Bangladesh, Bhutan, Brunei, Cambodia, China, Christmas Island, Cocos Islands, Cook Islands, East Timor, Fiji, French Polynesia, French Southern Territories, Guam, Heard Island and McDonald Islands, Hong Kong, Indonesia, Japan, Kiribati, Laos, Macao, Malaysia, Maldives, Marshall Islands, Micronesia, Mongolia, Myanmar, Nauru, Nepal, New Caledonia, New Zealand, Niue, Norfolk Island, Northern Mariana Islands, Pakistan, Palau, Papua New Guinea, Philippines, Pitcairn, Samoa, Singapore, Solomon Islands, South Georgia and the South Sandwich Islands, South Korea, Sri Lanka, Taiwan, Thailand, Tokelau, Tonga, Tuvalu, Vanuatu, Vietnam, Wallis and Futuna.

Guide Jobs API Terms

These API Terms incorporate the Guide Jobs Terms of Service (the “Agreement”), and apply to anyone who accesses or uses an Application Programming Interface created or maintained by Guide Jobs (“API”) or related documentation (“Documentation”), develops any application that communicates or interoperates with the API, the Site, or any Guide Jobs service (“Application”), or who otherwise indicates acceptance of these API Terms. By agreeing to the API Terms, you also agree to the Guide Jobs Terms of Service. Any capitalized terms that are used but not defined in these API Terms have the meaning set forth in the Agreement.

1. The APIs

Guide Jobs may provide you with access to one or more APIs, as well as any accompanying Documentation, solely for your internal business use in developing and using Applications.

Your license is subject to and conditioned on your compliance with all terms and conditions set forth in the Agreement, and it is revocable, non-exclusive, non-transferable, and non-sublicensable. No implied license is granted. Guide Jobs reserves all rights that are not expressly granted by this Agreement.

You may develop an Application that interoperates with an Guide Jobs API for the use of your employees or independent contractors for your internal business purposes (“End Users”). Your and End Users’ use of an API or Application to access the Site or any Guide Jobs App is subject to the applicable Terms of Service for the Site or Guide Jobs App, and you agree to require your End Users to accept and comply with such Terms of Service as well as these API Terms. You agree that you will be responsible for your End Users’ use of your Application and any API. It is also you and your End Users’ responsibility to regularly review any Guide Jobs App or the Site in order to obtain the most up to date information (including, but not limited to, explanations about how features work, disclaimers regarding the services provided, method for charging) about Guide Jobs’s products and services. By using an Application via the API, rather than directly using the Site or an Guide Jobs App, you agree to all information provided on the Site or an Guide Jobs App. Use of an Application via the API, rather than direct use of the Site or an Guide Jobs App, shall not excuse any lack of information or understanding about Guide Jobs’s products and services, where that information is otherwise provided on the Site or an Guide Jobs App.

You agree that Guide Jobs may monitor your and End Users’ use of any API and may process and analyze submitted information and behavioral data in accordance with the Guide Jobs Privacy Policy. This monitoring may include Guide Jobs accessing and using your Application. You will not interfere with this monitoring. Guide Jobs may use any technical means to overcome such interference.

Guide Jobs reserves the right to place limits on access to any API (including without limitation the number of calls or requests), and monitor usage of the APIs to enforce these limits, in its sole discretion. Such limits may be detailed in the Documentation or otherwise communicated to you by Guide Jobs.

Guide Jobs may update, modify or discontinue the API at any time and in our sole discretion and without liability to you, and may require you to obtain and use the most recent version. You are required to update your Application accordingly at your sole expense. You acknowledge that Guide Jobs’s update to an API may adversely affect how your Application communicates with the Site or an Guide Jobs App, and you agree that Guide Jobs will have no liability therefrom. Your use of an API after an update by Guide Jobs constitutes acceptance of the update. Guide Jobs reserves the right to develop products or services that are similar to, or may compete with, any Application.

2. Restrictions

Accessing and using the Site or any Guide Jobs App through an API is subject to the Site Rules and any additional rules and policies made available by Guide Jobs.

You agree to do all the following in connection with your access and use of any API or development or use of any Application: (a) comply with the Agreement, the Site Rules, all applicable laws, rules, and regulations, and all guidelines, standards, and requirements that may be made available to you by Guide Jobs from time to time; (b) monitor the use of your Applications for any activity that violates these API Terms; (c) promptly restrict any End Users who violate these API Terms from further use of your Application; and (d) promptly notify Guide Jobs of any violation of these API Terms by you or End Users.

You agree that neither you, your Application, nor your End Users, will do any of the following in connection with your access or use of any API or development or use of any Application: (a) violate any Site Rule or other rule or policy pertaining to the Site, or any applicable law or regulation; (b) copy, duplicate, modify, or create derivative works of an API, in whole or in part; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any source code component of the API; (d) remove any proprietary notices from any materials available through the API; (e) make an API or Application available to a third party except as permitted by a written agreement with Guide Jobs; (f) circumvent any limits on API access imposed by Guide Jobs; or (g) scrape, build databases, or otherwise create permanent copies of any User Content, except as expressly permitted by the Documentation.

You agree to provide and adhere to a Privacy Policy for your Application that accurately describes to End Users what user information you collect and how you use and share such information with Guide Jobs and other third parties.

3. Access and API Key

You agree to only access an API by the means described in its Documentation. Guide Jobs may require that you use a password, key or other security device to access an API (“API Key”). Instructions for obtaining an API Key are included in the applicable Documentation. You are responsible for all access to and use of the API under your API Key. You agree to maintain the confidentiality and security of your API Key, to not share it with any third party, and use it only in compliance with these API Terms. You will not misrepresent or mask either your identity or your Application’s identity. Your API Key may be revoked at any time by Guide Jobs.

4. Intellectual Property

You understand and acknowledge that Guide Jobs or its affiliates, or its or their licensors, owns all right title and interest to the API, the Site, and Guide Jobs Apps, and all proprietary rights associated therewith. Guide Jobs reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the API, other than your User Content.

If you provide feedback or suggestions about our APIs, then we may use such information without obligation to you.

You acknowledge that User Content as defined in the Agreement may be available via the APIs, and that User Content is the sole responsibility of the person who provided it to Guide Jobs.

5. Disclaimer and Limitation of Liability

THE SITE, APIS, AND DOCUMENTATION ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. GUIDE JOBS AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GUIDE JOBS AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE APIS AND DOCUMENTATION, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH ANY API. GUIDE JOBS AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH ANY API.

YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE AN GUIDE JOBS API 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 ANY SUCH ACCESS OR USE.

YOU UNDERSTAND AND AGREE THAT YOU CREATE AN APPLICATION AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR OR ANY OTHER PERSON’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR APPLICATION.

EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 8 HEREUNDER AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE API TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE API TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO GUIDE JOBS BY YOU FOR THE GUIDE JOBS SERVICE GIVING RISE TO THE CLAIM.

6. Payment

Unless you have a separate written agreement with Guide Jobs, you shall be charged based on your and your End Users’ use of an Guide Jobs App or the Site, in accordance with that Guide Jobs App’s or Site’s Terms of Service and other payment information made available on the Guide Jobs App or Site, and based on Guide Jobs’s measurements of usage. It is your and your End Users’ responsibility to regularly review any Guide Jobs App or the Site in order to obtain the most up to date information regarding payment and how Guide Jobs charges you for your use of Guide Jobs’s products and services.

7. Cancelation

Unless otherwise stated in an agreement with Guide Jobs, you may cancel this Agreement at any time by ceasing your use of the APIs and deleting your Application. Guide Jobs may discontinue any API or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you. Guide Jobs may immediately cancel the API or these API Terms at any time upon notice. Guide Jobs may modify these API Terms at any time without liability, and your use of an API or Application after notice that these API Terms have changed indicates acceptance of the updated API Terms.

Upon cancelation of this Agreement: (a) your license to access or use any Guide Jobs API immediately expires; and (b) you shall delete your Application and all User Content acquired through the Site or API. You agree that Guide Jobs may notify any End User to provide notice of the cancelation of this Agreement or of your right to use an API. Sections 1, 2, 3, 4, 5, 6, and 8 will survive these API Terms.

8. Indemnification

Guide Jobs for Chrome Terms

1. Introduction

Guide Jobs for Chrome Terms (“IC Terms”) form a part of, and are incorporated into, the Guide Jobs Terms of Service (the “Agreement”). By using Guide Jobs for Chrome in any way, you agree to these IC Terms and the Guide Jobs Terms of Service, which govern use of or access to Guide Jobs’s online and/or mobile services and websites, and software provided by or on behalf of Guide Jobs on or in connection with such services or websites (collectively, the “Site”). Any capitalized terms that are used but not defined in these IC Terms have the meaning set forth in the Agreement. “You” means any job seeker, individual or entity that downloads or uses Guide Jobs for Chrome, and/or any agency or network acting on your behalf, which shall also be bound by these IC Terms.

Guide Jobs for Chrome is described on https://chrome.Guide Jobs.com/, and is a browser extension developed by Guide Jobs, which can be downloaded from the Google Chrome Web Store. Guide Jobs for Chrome serves as a free extension that allows You to utilize Guide Jobs job-seeking functions from an extension window. Guide Jobs for Chrome allows You to save jobs directly on the extension, and automatically recognizes many job postings. Guide Jobs for Chrome recognizes job details, including title, company name, location, and post URL. If a job is saved, the relevant information is automatically filled into the job details fields. Further details and information can be manually entered by You, directly on the extension. Guide Jobs for Chrome also allows access to notifications and messages present on your Guide Jobs account. Guide Jobs for Chrome may recognize when you are searching for jobs on third party sites and may display additional job listings in web pages in your browser.

By installing Guide Jobs for Chrome, you agree to Guide Jobs’s collection of data relating to your visit to third party sites, as described in Guide Jobs’s Privacy Policy. Such data may include job postings that you save, notes or applications statuses that you save or update, or data regarding how you engage with websites or other actions you take on such website, including URLs of websites you visit.

2. Disclaimer and Limitation of Liability

GUIDE JOBS’S PROVISION OF GUIDE JOBS FOR CHROME AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO GUIDE JOBS FOR CHROME AND YOUR USE THEREOF, GUIDE JOBS AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY EMAIL ADDRESS THAT HAS BEEN PROVIDED TO GUIDE JOBS IS VALID, THAT ANY EMAIL SENT BY GUIDE JOBS AT YOUR REQUEST WILL REACH THE INTENDED RECIPIENT, THAT ANY INTENDED RECIPIENT OF ANY SUCH EMAIL WILL READ SUCH EMAIL, OR THAT ANY SUCH INTENDED RECIPIENT WILL ACT UPON SUCH EMAIL. GUIDE JOBS AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE.

EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 3, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IC TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IC TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO GUIDE JOBS BY YOU FOR THE GUIDE JOBS SERVICE GIVING RISE TO THE CLAIM.

3. Indemnification

You agree to defend, indemnify and hold harmless Guide Jobs from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your violation of any term of this Agreement; (b) your use of, and access to, Guide Jobs for Chrome or the Site; (c) your loss of, or disclosure of, information gained from using Guide Jobs for Chrome or the Site; (d) your violation of any applicable laws or regulations, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; or (g) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Candidate. You also agree that you have a duty to defend Guide Jobs against such claims. You agree that this indemnity extends to requiring you to pay for Guide Jobs’s reasonable attorneys’ fees, court costs, settlements and disbursements. This defense and indemnification obligation will survive this Agreement and your use of Guide Jobs for Chrome.

4. Termination

Guide Jobs may suspend Guide Jobs for Chrome, the Site, your account, or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying Guide Jobs at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Guide Jobs Hiring Events Program Terms

These Guide Jobs Hiring Events Program Terms (“IHEP Terms”) incorporate the Guide Jobs Terms of Service, and apply to any Employer who accesses or uses the Guide Jobs Hiring Events Program, Hiring Center, or related services, or who otherwise indicates its acceptance of these Guide Jobs Hiring Events Program Terms. By agreeing to the IHEP Terms, you also agree to the Guide Jobs Terms of Service (the “Agreement”).

Any capitalized terms that are used but not defined in these IHEP Terms have the meaning set forth in the Agreement.

1. The Program

Use of the Guide Jobs Hiring Events Program (“Program”) on or through the Site is subject to all applicable Guide Jobs terms and policies, including without limitation the Guide Jobs Privacy Policy and those instructions provided on the Site. Guide Jobs policies may be modified at any time. You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts.

By using the Program and accepting these IHEP Terms you acknowledge and agree that you are asking Guide Jobs to do the following: 1) post, on your behalf, Job Listings or Job Ads, as applicable, provided by you on the Site, and manage such ad campaign, using information such as the number of RSVPs, 2) include an RSVP function on the Site for a hiring event (“Event”) corresponding with each of your Job Ads or Listings, 3) receive from Job Seekers RSVPs to your Event(s), 4) send to you and/or other persons you identify information provided by a Job Seeker who RSVPs to your Event(s), and 5) communicate (via email or text message) information related to your Event(s) to Job Seekers who have RSVPed to your Event(s). If you request that Guide Jobs send you and other persons you identify information provided by a Job Seeker who RSVPs to the Event(s), you certify and warrant that such person is part of your organization or is otherwise authorized to receive such information.

With regards to any Job Ad posted on Guide Jobs via the Program, including any Job Ad of your Event posted in Guide Jobs’s discretion, you agree that such Job Ad shall be subject to the Guide Jobs Ads Program terms and the Guide Jobs Targeted Ads Program terms, and the Guide Jobs Ads Program terms and Guide Jobs Targeted Ads Program terms are incorporated herein.

You further agree that you are solely responsible for everything regarding your Event(s), whether participating or hosting, including but not limited to, the content of the Job Listing or Job Ad, screening or screener questions, the handling and safeguarding of Job Seeker information provided to you and/or other persons you identify as authorized to receive information regarding an Event or a Job Seeker, the Event location, your attendees at the Event, or any literature, signage or other documentation at the event. You are responsible for accommodating Job Seeker requests or needs during the interview or application process during the Event. You represent and warrant that any data you collect from attendees and share with Guide Jobs is collected in accordance with local privacy rules. Moreover, you grant to Guide Jobs, its affiliates, and sublicensees the license to use your name, user name, and/or trademarks and logos in connection with any User Content or Guide Jobs marketing materials, or actions by Guide Jobs to promote or publicize such User Content (e.g. Job Listings) including the use of keywords in third-party internet search engine. You agree that Guide Jobs may promote your Job Listing or Job Ad through any method in Guide Jobs’s sole discretion, including but not limited to targeted advertising or using keywords in third-party internet search engine. You further acknowledge and agree that Guide Jobs is not responsible for reviewing qualifications, verifying identification, or otherwise screening Job Seekers during each Event and that you are solely responsible for so doing.

2. Cancellation

Unless otherwise stated in an Insertion Order or other agreement to advertise with Guide Jobs, you may independently cancel any Job Listing or Job Ad (and corresponding Event) at any time (such cancellation is generally effective within 24 hours). However, if you cancel an Event, Guide Jobs will still bill you in accordance with any pricing listed in a separate agreement or otherwise agreed upon by you and Guide Jobs, for RSVPs, clicks, applies or impressions accrued while the Job Ad for that Event was on the Site, and any platform fee, if applicable. Guide Jobs may reach out to Job Seekers to communicate your Event cancellation. Guide Jobs may immediately cancel the Program, any part thereof, or these IHEPP Terms at any time upon notice. Guide Jobs may modify the Program or these IHEP Terms at any time without liability, and your use of the Program after notice that these IHEP Terms have changed indicates acceptance of the updated IHEP Terms. Sections 1, 3, 4, 5 and 6 will survive any expiration or termination of these IHEP Terms.

3. Prohibited Uses

You shall not, and shall not authorize or assist any party to, advertise anything illegal or engage in any illegal or fraudulent activities or business practices in any state or country where your Job Listing or Job Ad is displayed. You represent and warrant that (x) all your information and any and all information you provide to Guide Jobs is correct and current; (y) you hold and grant Guide Jobs and Partners all rights to copy, distribute, and display Job Listings or Job Ads (“Use”); and (z) such Use and websites linked from your Jobs Listings or Jobs Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these IHEP Terms or your account without notice, and may subject you to legal penalties and consequences. Guide Jobs or Partners may reject or remove any Job Listing, Job Ad, or content therein, and Guide Jobs may disable any Employer’s account, for any or no reason without notice.

4. Disclaimer and Limitation of Liability

GUIDE JOBS’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, GUIDE JOBS AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. Guide Jobs and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: (i) costs per RSVP, click, apply, or impression, (ii) RSVP rates, click through rates, apply rates, or impression rates (including any estimate of rates provided in an insertion order), (iii) delivery of any impressions on any Partner Property or Guide Jobs Property or sections of such properties, (iv) RSVPs, clicks, applies or impressions, (v) interest in your Job Ad, (vi) attendance at your Event(s), and (vii) the quality of attendees at your Event(s). AN RSVP TO YOUR EVENT(S) DOES NOT GUARANTEE INTEREST IN YOUR JOB AD. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IHEP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IHEP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO GUIDE JOBS BY YOU, IF ANY, FOR THE JOB ADS OR JOB LISTINGS GIVING RISE TO THE CLAIM.

5. Payment

You shall be charged in accordance with the pricing listed in a separate agreement or insertion order between you and Guide Jobs, and based on clicks, RSVPs, applies or impressions (distributed within your budget in Guide Jobs’s sole discretion) and platform fee, if applicable. RSVPs are defined as a user completing the online RSVP form agreeing to attend your Event featured in any Job Ad. However, an RSVP does not guarantee that a Job Seeker will attend such Event. If your Guide Jobs employer account has a credit card on file for the Guide Jobs Ads Program or any other Guide Jobs service, we will charge that same credit card for your Guide Jobs Hiring Events RSVPs, if applicable.

If you are located in the United States, you shall pay all applicable charges in US dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. Charges are exclusive of all taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Guide Jobs incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Guide Jobs products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Guide Jobs’s click, RSVP, apply, or impression measurements. Guide Jobs’s determination of number of clicks, RSVPs, applies or impressions shall be binding. Refunds (if any) are at the absolute discretion of Guide Jobs and only in the form of advertising credit for Guide Jobs Property. If you are removed from Guide Jobs, but have previously spent on Guide Jobs, you are not entitled to a refund of previously spent amounts.

You acknowledge and agree that any credit card and related billing and payment information that you provide to Guide Jobs may be shared by Guide Jobs with companies who work on Guide Jobs’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Guide Jobs and servicing your account. Guide Jobs may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Guide Jobs shall not be liable for any use or disclosure of such information by such third parties.

All withholding tax remittances to the government are your sole responsibility and Guide Jobs shall have no liability whatsoever therefore. Invoices may be provided to you via electronic mail. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Guide Jobs product, Guide Jobs reserves the right to suspend or terminate your use of that Guide Jobs product as well as any other Guide Jobs product, including but not limited to those Guide Jobs products where you do not have an unpaid invoice or account balance.

6. Indemnification

You shall indemnify, defend and hold harmless Guide Jobs, its agents, affiliates, licensors, and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Job Listing, Job Ad, screening or screener questions, Event, Site or Your Services, or breach of these IHEP Terms.

Guide Jobs Vulnerability Reward Program

Program Description

As part of Guide Jobs’s commitment to the security of our job seekers, advertisers, and publishers, we partnered with Bugcrowd to launch our Vulnerability Reward Program. Detailed rules and information about the scope of this bounty program are available on our Bugcrowd page. If you are a whitehat researcher that believes you have discovered a vulnerability in an Guide Jobs product or have any other security inquiries, please sign up as a Bugcrowd Tester to be included in Guide Jobs’s Vulnerability Reward Program. Vulnerabilities submitted outside of Bugcrowd will not be considered.

Legal Notes

Guide Jobs will not issue rewards to researchers from countries on sanctions lists (e.g. – Cuba, Iran, North Korea, Sudan, and Syria). There may be additional restrictions on your ability to enter depending upon your local laws. Your testing must not violate any law, or disrupt or compromise any data that is not your own.

Beta Terms of Service

Last Updated: February 14, 2020

These Guide Jobs Beta Product Terms of Service (“IBP Terms”) incorporate the Guide Jobs Terms of Service (the “Agreement”), and apply to any user who accesses or uses any Guide Jobs Beta Product (“IBP”), or who otherwise indicates its acceptance of these IBP Terms. By agreeing to the IBP Terms, you also agree to the Guide Jobs Terms of Service. All products considered an IBP and governed by these IBP terms shall follow the naming convention: “Guide Jobs [Product Name] Beta.”

Any capitalized terms that are used but not defined in these IBP Terms have the meaning set forth in the Agreement.

1. Beta Disclaimer

THE BETA PRODUCT PROVIDED BY THESE TERMS IS STILL IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, IS BELIEVED TO CONTAIN DEFECTS, AND A PRIMARY PURPOSE OF THIS BETA TEST IS TO OBTAIN FEEDBACK ON THE PRODUCT PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT AND/OR ACCOMPANYING MATERIALS.

2. The Program

Use of any IBP is subject to all applicable Guide Jobs terms and policies, including without limitation the Guide Jobs Privacy Policy and those instructions provided on the Site. Guide Jobs policies may be modified at any time. With regards to any content posted on the Site through any IBP, you agree that you are solely responsible for all: (a) content and target URLs (“Creative”), whether generated by or for you; and (b) websites proximately reachable from Creative URLs and your services and products (collectively “Your Services”). You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts. As part of using any IBP, Guide Jobs may provide you with the opportunity to submit comments, suggestions or other feedback regarding your use of the IBP. You agree that in the absence of a separate written agreement to the contrary, Guide Jobs will be free to use any feedback you provide for any purpose and without compensation.

3. Confidentiality

If you are an Employer and have been invited to test an IBP, you agree that, unless otherwise specifically provided herein or agreed by Guide Jobs in writing, any IBP and any documentation provided corresponding with an IBP constitute confidential proprietary information of Guide Jobs. You shall permit only authorized users, who possess rightfully obtained access to any IBP, access to the IBP or any corresponding documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Guide Jobs.

4. Cancellation

Unless otherwise stated in an insertion order or other agreement with Guide Jobs, you may independently cancel your use of any IBP at any time (such cancellation is generally effective within 24 hours). Guide Jobs may cancel any IBP or these IBP Terms at any time. Guide Jobs may modify any IBP or these IBP Terms at any time without liability, and your use of any IBP after these IBP Terms have changed indicates acceptance of the updated IBP Terms. Sections 1, 2, 3, 5, 6, 7 and 8 will survive any expiration or termination of these IBP Terms.

5. Prohibited Uses

You represent and warrant that (a) all your information is correct and current; (b) you hold and grant Guide Jobs and Partners all rights to copy, distribute and display Creative (“Use”); and (c) such Use and websites linked from any content posted via any IBP (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these IBP Terms or your account without notice, and may subject you to legal penalties and consequences. Guide Jobs may reject or remove any content posted via any IBP, and Guide Jobs may disable any Employer’s account, for any or no reason without notice.

6. DISCLAIMER AND LIMITATION OF LIABILITY

GUIDE JOBS’S PROVISION OF ANY IBP AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PRODUCT AND YOUR USE THEREOF, GUIDE JOBS AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 7 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 2, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IBP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IBP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO GUIDE JOBS BY YOU FOR THE JOB ADS GIVING RISE TO THE CLAIM.

7. Payment

If applicable, you shall be charged in accordance with the pricing listed in a separate agreement or insertion order with Guide Jobs, or as displayed on the Site corresponding with any IBP made available to you. In all instances, charges are based solely on Guide Jobs’s measurements and Guide Jobs’s determination of charges shall be binding.

8. Indemnification

You shall indemnify, defend and hold harmless Guide Jobs, its agents, affiliates, licensors and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of our IBP use, Creative, site or Your Services, or your breach of these IBP Terms.