Jobtrees’ Jobs Terms and Conditions

These Jobs Terms and Conditions apply to the access and use of the Jobs Platform. Additional terms may apply to specific features of the Jobs Platform, and such terms will be presented as they apply based on your usage needs. To the extent of any conflict between different agreements that you have with Jobtrees, including the Jobtrees Terms of Use and Privacy Policy, these Jobs Terms and Conditions and any feature-specific terms govern with respect to the use of the Jobs Platform.

The Jobs Platform is designed to improve your ability to connect and communicate with candidates for job opportunities to find potential quality hires (“Stated Design”). You are responsible for (i) all postings and content submitted by or on your behalf through the Jobs Platform or otherwise to Jobtrees, including but not limited to the job descriptions, copy, trademarks, images, videos, URLs and pixels that comprise the postings or content (collectively, your "Job Posting"); and (ii) all content and property to which Job Postings may direct viewers ("Locations").

When you create a Jobtrees account, employer page or post a job (a “Job Posting”) on Jobtrees, you agree to the terms associated with this agreement. If you are accessing or using the Jobs Platform on behalf of a business or third party, you represent that you have the authority to do so and to bind that business or third party to these Jobs Terms and Conditions, and your agreement to these Jobs Terms and Conditions will be treated as their agreement as well. In this event, Jobtrees may hold you responsible for violations of this agreement by that business or third party, and "you," "your" and "party" will also refer and apply to that business or third party.

The Jobs Platform may offer the option to “highlight” a Job Posting (“Highlighted Job”), which, for an additional fee, will secure upgraded placement of the Job Posting on certain Jobtrees pages and emails. Jobtrees will otherwise determine the placement and positioning of your Job Postings. Jobtrees will serve your Job Postings as space becomes available on the Jobs Platform and in line with your specified budget.

You are responsible for any activity conducted through your account, including any purchases made or charges incurred. If you identify that you are using the Jobs Platform on behalf of a business, you agree that Jobtrees may share information about your purchases and use of the Jobs Platform with that business, including its representatives and agents. If that business indicates that you are no longer authorized to place jobs on its behalf (e.g., if you leave that business or for any other reason), you agree you may be removed from accounts associated with that business. You may not resell or transfer access to the Jobs Platform to any other party.

In addition to all other prohibitions listed across Jobtress’ agreements you agree that you will not, and will not enable any third party, to use the Jobs Platform to:

• Create Job Postings without a reasonable and legitimate intent to hire for the specific position listed.
• Create Job Postings that intentionally misrepresent the job, hiring company, or compensation structure, or working conditions.
• Share personal identifiable candidate data with to any other parties.
• Contact applicants for any purpose other than the job posted or reasonably related job opportunities.
• Contact any applicant that has asked not to be contacted.
• Create Job Postings that don’t comply with local employment laws.
• Create Job Postings for jobs that require applicants to pay for employment.
• Engage in employment related actions that violate any applicable laws or regulations on prohibitions for employment discrimination, or laws governing legal eligibility to work.

The above is not an exhaustive list. The use of the Jobs Platform for any use other than the direct Stated Design is prohibited. Some additional prohibitions include scraping data or other means to collect information from the Jobs Platform, content that contains malware or any malicious code or any activity to circumvent any security measure of Jobtrees or a third party.

Jobtrees may, in its sole discretion, modify, or terminate any part or including to remove the Jobs Platform or suspend your ability to use the Jobs Platform. Jobtrees may reject or remove any Job Posting at any time for any reason, regardless of whether or not such Job Posting was previously accepted.

Jobtrees provides general job information to users (eg salaries, availability, career paths) for informational purposes only. This information changes as new data is received from users and other 3rd party sources and is of varying levels of accuracy. The job information is for generalized comparison context only and the method of calculation may change at Jobtrees’ sole discretion.

Jobtrees provides you with a job evaluation fit score (“Eval Fit”) for every candidate that applies to your job. This score is solely the opinion of Jobtrees for you to use as you determine. You agree you are solely responsible for the use of this score in compliance with the law, including applicable employment, equality or anti-discrimination specific laws. You agree that the Eval Fit is only designed to give a general indication of potential fit with the posted job and does not evaluate a Job Seeker’s qualification for any job nor their ability to safely perform a job. Whether a Job Seeker is qualified for a job, is decided solely by you.

You acknowledge that Jobtrees will share with applicants when you have viewed their resume, each time you update their applicant status and when the job is closed. This messaging is between Jobtrees and the applicant as communication of your actions and unless otherwise modified by you through a custom message does not represent communication between you and the applicant. If you wish to move forward in the hiring process with a Job Seeker, it is your responsibility to connect directly up with the Job Seeker through communication means (email, phone, etc) outside of the Jobs Platform. Applications are sent to your employer dashboard and any notifications you receive (e.g. email) are provided solely as a courtesy to you.

You will be charged as indicated by the Job Platform. By providing your payment method information to Jobtrees, you authorize Jobtrees to charge or debit that payment method for fees owed to Jobtrees in line with services you are provided via the Jobs Platform including all applicable taxes, and foreign exchange fees. Jobtrees will periodically charge your payment method covering all services accrued till that billing date.

You have the option to set a budget to limit the total spend on your account within a specified period of time. You acknowledge that there may be small increments of spend that exceed the budget during the specified time period. Should the spend above the budget be material, Jobtrees will negotiate in good faith with you on the best course of action to remediate the overage. If no agreement can be reached related to resolve the budget overage, Jobtrees will provide a credit to you for future spend with Jobtrees equal to the amount of the overage.

You may be offered more than one billing option for the services you receive from the Jobs Platform. You agree to pay based on the the rate posted when submitting a Job Posting. By providing your bank account or credit card information you authorize Jobtrees to debit the bank account or credit card specified for any amount owed related to services provided via the Jobs Platform until you revoke this authorization. Any billing resolved other than direct debit vis a bank account or credit card has 30 days payment terms from the date of invoice or notification of charges due.

Unless you change or remove your payment method or delete your account, Jobtrees may store your payment method for use with future Jobs Platform services.

If you have an unpaid or outstanding account balance Jobtrees reserves the right to suspend or terminate your account and services provided via the Jobs Platform. Jobtrees will make reasonable efforts to collect the unpaid balance prior to account termination or suspension but it is your obligation to ensure balances are paid in line with the stated payment terms.

Jobtrees will make reasonable efforts to remove invalid activity from your account that could affect the cost of your Job Postings but is not responsible for click fraud or other technological issues that could affect your Job Postings. It is your responsibility to report such activity to Jobtrees within 60 days of the activity for Jobtrees to review. It is Jobtrees' sole discretion to issue credits based on suspected invalid activity with any credits issued to your account being non-refundable and non-transferable. Any services delivered via the Jobs Platform are non-refundable.

Both parties will follow all applicable laws relating these terms.

Notwithstanding any review or approval of any Job Posting by Jobtrees, you agree to indemnify Jobtrees and all affiliates, and hold Jobtrees and its affiliates harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys' fees) related to third party claims or proceedings, arising out of or related to your Job Postings, Locations, use of the Jobs Platform, any candidate hiring or employment decisions, and breach of these Jobs Terms and Conditions.

You agree to use reasonable measures to protect the confidentiality of Jobs Platform Data and to use appropriate security safeguards to protect Jobs Platform Data in accordance with industry standards. You may share Jobs Platform Data only with someone acting on your behalf, provided that you are responsible for ensuring their respective compliance with the Agreement and for limiting their respective use of the Jobs Platform Data on your behalf.

You grant to Jobtrees a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, distribute and publish your Job Postings in connection with the performance of the Jobs Platform (including for marketing and promotional purposes). You represent and warrant that you own or have all necessary rights (including intellectual property rights) to your Job Postings (including to grant the license above).

Jobtrees and its affiliates disclaim all warranties regarding the Jobs Platform, including but not limited to any warranty (a) about the accuracy of any candidate information; (b) about Job Posting targeting (e.g. member information); (c) on the results of your job posting campaigns and other uses of the Jobs Platform; or (d) that the Jobs Platform will be provided uninterrupted or error-free.

To the fullest extent permitted by law, neither party, including its respective affiliates, will be liable to the other in connection with these Jobs Terms and Conditions for lost profits or lost business opportunities, loss of data, or any indirect, incidental, consequential, special or punitive damages.

Neither party, including its respective affiliates, will be liable to the other in connection with these Jobs Terms and Conditions for an amount that exceeds USD $200.00.

These limitations of liability do not apply to a party's (i) payment; confidentiality or indemnification obligations; (ii) liability for fraud, gross negligence or intentional misconduct; (iii) liability for death or personal injury; or (iv) violation of the other party's intellectual property rights.

The provisions of the User Agreement relating to feature-specific terms, termination, interpretation, notice and assignability apply to these Jobs Terms and Conditions and the Jobs Platform. The Jobs Terms and Conditions stated in this agreement prevail over any promise, statement, representation, warranty or understanding of any person (whether a party to these Jobs Terms and Conditions or not) relating to the subject matter of these terms unless formally agreed upon as an official amendment to these terms by both parties. These Jobs Terms and Conditions do not create a partnership, employer relationship or joint venture between the parties.

Jobtrees may change the terms of these Jobs Terms and Conditions by notice to you (for example, via email), and both parties agree that changes cannot be retroactive. If you do not agree to the changes, you must stop using the Jobs Platform.

If an issue arises under these Jobs Terms and Conditions then these Jobs Terms and Conditions are governed by the laws of the State of California, and any action or proceeding related to these Jobs Terms and Conditions will be brought in court in the Northern District of California. Each party irrevocably submits to the jurisdiction and venue of the applicable courts. The prevailing party in any litigation may seek to recover its legal fees and costs.