Terms and Conditions
Thanks for BestJobsUSA! We hope that your time on the site is both helpful and profitable.
Recourse Communications, Inc. ("RCI") invites you to use the various services provided by BestJobsUSA ("Services") and our network of sites ("BestJobsUSA" or "Site") subject to your agreement with our standard Terms and Conditions ("Terms").
OUR RIGHTS AND YOUR RIGHTS RELATED TO BESTJOBSUSA'S SERVICES ARE DESCRIBED HERE. PLEASE READ THIS PAGE CAREFULLY AS YOUR USE OF THE SITE IS, IN EFFECT, YOUR AGREEMENT TO OUR TERMS.
You must provide true and accurate information when you create your BestJobsUSA account. Your BestJobsUSA account gives you access to Services and functionality we may establish and maintain at our sole discretion. If you connect to BestJobsUSA with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. You may not use another user’s account without permission.
FOR JOB SEEKERS
Our purpose is to provide you with easy access to a variety of BestJobsUSA and/or third-party services and resources. Our goal is to make researching potential employers and connecting with them easier than it would be using traditional job boards and/or search engines.
- BestJobsUSA wants to facilitate relationships between you (as a qualified candidate for any position being advertised) and employers who use BestJobsUSA as part of their branding and/or recruitment initiatives. Typically you can distinguish these employers by navigating their self-hosted webpage via a live link on the Site. As such, you should think of BestJobsUSA and any lists that we produce or publish as a simple directory listing for reference only, except in those instances where we link to an employer from a BestJobsUSA-hosted page, post, account, or email address. In that case, you can think of BestJobsUSA as a referral service for which an employer who has paid us to provide those links to you.
- From time to time we may link to an employer who has not paid for Services. We may do this because the employer is a customer of RCI, was a customer of RCI, may become a customer of RCI, and/or in our judgment we feel such a link would be mutually beneficial to you and that employer.
- To facilitate direct contact between you and a potential employer we provide a number of services. These include job posts published on BestJobsUSA, hosted careers pages/sites, RSS feeds, and job posts, etc.; search engine results pages; and in some cases, direct contact via email, text/SMS, automated and/or live phone calls. You can opt-in to similar services for a specific employer or campaign by signing for a BestJobsUSA-hosted <a target="_blank;" href="http://bestjobsusa.com/sections/talent-community/">Talent Community</a>.
LISTS PUBLISHED ON BESTJOBSUSA
BestJobsUSA publishes, cites and reproduces a variety of employer, listings. We would like to make you aware of the following:
- Use of terms like "Top," "Best," "Select," and "Ranking," etc. are not being used by BestJobsUSA to describe or endorse any employer in particular. As used to generally describe a BestJobsUSA list or recruitment campaign, such terms should be considered as our poetic license.
- We reference and reproduce many lists and "rankings" originally published by third parties. BestJobsUSA has not validated, nor endorses, any claims being made or supported by and/or on behalf of an employer mentioned in these lists. Bear in mind that BestJobsUSA sources data from different places across the Web. We make this available to you as a convenience and for reference only. You should check with the original publication for the current status of any list or ranking we refer to and/or employer mentioned.
- BestJobsUSA is not responsible for any inaccuracies or misinformation contained in any list or ranking that it references or reproduces including any misstatements given to BestJobsUSA by a participating employer or their representatives for their inclusion to a BestJobsUSA publication or recruitment campaign.
BestJobsUSA's Services apply our resources, technology, expertise, and project management to help you craft, advertise, promote, distribute, and optimize your recruitment messages to as wide an audience of qualified candidates that is possible, and which is consistent with the Service you may choose from time to time.
To assist you in your employer and job branding, recruitment advertising, and to generally attract job candidates we do the following things:
- BestJobsUSA provides creative services and produces recruitment advertising using a variety of methods, media, and materials ("Content"). Content may include dynamic or static web pages, print publications, text/HTML documents, video, audio, graphics, online postings, life-streaming updates, branded emails, automated voice mail messages, and other forms of advertisement; and RSS feeds, code or software for its delivery across multiple digital and analogue channels.
- BestJobsUSA distributes content via a variety of web-enabled services and electronic communications. We may also use from time to time analogue media such as print advertising, banners, and billboards, etc. In addition to using the Site, its branded social media and online communities, and/or proprietary databases to distribute content, on occasion, candidates may be contacted in person on your behalf. Such previously approved communication may be delivered in the form of email, text/SMS message, automated and/or live phone calls.
- At its sole discretion BestJobsUSA may distribute content via third parties' social media and networks, job boards and other digital marketing channels. In this case, when you as the employer are referenced explicitly, or in connection with a recruitment campaign, you agree to be bound by the applicable terms of service for those third parties.
- Beyond hosting Content on your behalf, BestJobsUSA wants to increase your visibility using a variety of optimization tools and techniques. These include generation of uniquely identifiable links to help track BestJobsUSA generated traffic but which may not be immediately recognized as such because of the way we distribute Content on your behalf across multiple channels and media. BestJobsUSA also uses badges, logos, and banners in support of campaigns you could be participating in. This further helps our joint optimization efforts.
- Whenever possible, you agree to partner with BestJobsUSA in the promotion of your brand and employment opportunities by using the links we provide in place of traditional hyperlinks, and to include our campaign logos, etc. on your career-related web pages, in your job postings, and recruitment advertising, etc., and acknowledge that without such collaboration our ability to deliver our optimization goals and subsequent results may be negatively affected.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with BestJobsUSA or a third-party service.
- We encourage you to use "strong" passwords (e.g., using a combination of upper and lower case letters, numbers and symbols with your account). In some cases we may force the use of strong passwords.
- You agree not to disclose your password to any third-party. BestJobsUSA cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
- You agree to notify BestJobsUSA immediately upon becoming aware of any breach of security or unauthorized use of your account.
BESTJOBSUSA LICENSE TO YOU
Subject to our Terms, BestJobsUSA gives you a personal, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use BestJobsUSA and its Services. We reserve all rights not expressly granted in these Terms. We can terminate this license at any time for any reason, or for no reason at all.
We may allow you to post or upload text, images, video, graphics or other content, and to share your content with others. BestJobsUSA enables you to access such content through your personal or business social media accounts such as Google+, Facebook, Twitter, Instagram, LinkedIn, YouTube and others. You agree:
- Any Content that you post does not violate rights of any kind,
including without limitation any intellectual property rights or rights of
privacy. We reserve the right, but are not obligated, to reject and/or
remove any content that we believe, in our sole discretion, violates these
provisions. Specifically, you agree not to post content:
(i) that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property; seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iii) may constitute or contribute to a crime or tort; contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
(iv) that contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); that contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(v) that contains any information or content that you know is not correct and current.
- You retain full ownership to your content, and agree to grant BestJobsUSA a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute such Content in connection with providing the Service to you and other users in accordance with your level of Service and these Terms.
- In connection with providing the Service, we may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. We reserve the right at all times to remove or refuse to distribute any Content on the Service including your Content.
- BestJobsUSA also reserves the right to access, read, preserve, and
disclose any information as we reasonably believe is necessary to:
(i) satisfy any applicable law, regulation, legal process or governmental request;
(ii) enforce the Terms, including investigation of potential violations;
(iii) detect, prevent, or otherwise address fraud, security or technical issues;
(iv) respond to user support requests; or
(v) protect the rights, property or safety of BestJobsUSA , its users and the public.
You hereby grant BestJobsUSA the limited right to use your trademarks, servicemarks and other information identifiable to you for the purpose of representing to third parties that you use or have used the Services.
To deliver some elements of Service, BestJobsUSA may need to extract data from publicly accessible Web pages and/or services provided to you via a third party. With your subscription to such Services, you grant BestJobsUSA the right to extract data from your website, hosted Web pages, and specifically job postings that you publish on the Web or via a third-party and/or applicant tracking system. BestJobsUSA reserves the right to use data that is extracted on your behalf for the delivery of Service if the data provides a candidate-friendly experience.
USE OF CONTENT
All Content on BestJobsUSA or made available via the Service, whether publicly posted or privately transmitted by users, is the sole responsibility of the person who originated such Content.
- BestJobsUSA does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on BestJobsUSA or endorse any opinions expressed.
- We may not monitor or control the Content posted via the Service and, we cannot take responsibility for such Content. If you use or rely on any Content or materials posted via the Service or obtained by you through the Service, it is at your own risk.
- Under no circumstances will BestJobsUSA be liable in any way for any Content, or any loss or damage of any kind incurred as a result of the use of any Content in the Service.
- You agree that you are responsible for your use thereof, including the use of your Content by other users and third parties. You understand that if you do not have the right to submit Content to the Service, doing so may subject you to liability.
- BestJobsUSA will not be responsible or liable for any use of your Content by BestJobsUSA in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit including all necessary rights to upload your Content for use in accordance with these terms and conditions.
THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
We respect others’ intellectual property rights and we ask that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us through our DMCA Policy.
BESTJOBSUSA PROPERTY, COPYRIGHTS AND FEEDBACK
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of BestJobsUSA and its licensors. The Service is protected by copyright, trademark, etc., both the United States and foreign countries. Nothing in the Terms gives you a right to use the BestJobsUSA name or any of the BestJobsUSA trademarks, logos, domain names, and other distinctive brand features without prior written approval. Any feedback, comments, or suggestions you may provide regarding BestJobsUSA, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
ACCEPTABLE USE OF BESTJOBSUSA
BestJobsUSA is trusted by its users, and we trust you to use our Service responsibly. You agree not to misuse the Service. For example, you must not, and must not attempt to do the following things:
- Use the Service for any unlawful purposes or for promotion of illegal
(i) post any Content on the Service in violation of any applicable law, including intellectual property BestJobsUSA and right of privacy or publicity BestJobsUSA, or any contractual obligation:
(ii) impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others; publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security numbers, without their express authorization and permission;
(iii) send unsolicited communications, promotions or advertisements, or spam; publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy; access, tamper with, or use non-public areas of the Service, BestJobsUSA’s computer systems, or the technical delivery systems of BestJobsUSA’s providers;
(iv) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
(v) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
(vi) interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service. International users agree to comply with all local BestJobsUSA regarding online conduct and acceptable content.
- We may investigate and/or suspend your account if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of our Service.
FEES & PAYMENTS
Some Services require payment. You will pay all fees agreed to in invoices, online payment pages or other order forms. Fees are based on Services purchased and not actual usage; payment obligations are non-cancelable and non-refundable; and quantities cannot be decreased during the relevant subscription plan.
- Payment: You will provide us with valid credit card information or alternative document reasonably acceptable to us. If you provide credit card information to us, you authorize us to charge the credit card for all purchased services listed in the order form for the initial subscription term and any renewal subscription terms. Such charges shall be made in advance, either annually or in accordance with any different billing frequency stated in the applicable order form. If the order form specifies that payment will be by a method other than a credit card, we will invoice you in advance. Invoice charges are due net 30 days from the invoice date unless otherwise agreed to. You are responsible for updating details of your payment information such as updated credit cards.
- Overdue Charges: If we do not receive an invoiced amount by the due date then those charges may accrue late interest at the lower of the maximum rate permitted by law or 1.5% per month. If any amount you owe us is 30 days or more overdue, we reserve the right to suspend your service.
- Taxes: Our fees to not include any taxes, duties, levies or similar governmental assessments of any nature, including, for example, value-added sales, use or withholding taxes assessable by any jurisdiction whatsoever. You are responsible for paying all such taxes. If we are legally obligated to pay or collect taxes for which you are responsible, we will invoice you and you will pay that amount. We are solely responsible for taxes against us based on our income, property and employees.
- Future & Functionality: You agree that your purchases are not contingent on the delivery of any future functionality or features made by us, including those made by us orally or in written public comments.
THIRD-PARTY WEBSITES, ADVERTISERS OR SERVICES
BestJobsUSA may contain links to third-party websites, advertisers, or services that are not owned or controlled by BestJobsUSA.
- You expressly relieve BestJobsUSA from any and all liability arising from your use of any third-party website or services or third-party-owned content. Additionally, your dealings with or participation in promotions of advertisers found on BestJobsUSA, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that BestJobsUSA shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify and hold harmless BestJobsUSA and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors 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 your use of and access to the Site and use of Services, including any data or Content transmitted or received by you, any other party’s access or use of the Service with your username and password, or your violation of these Terms, applicable law, rule or regulation.
DISCLAIMER OF WARRANTIES AND LIABILITY
The Site and all information, content, materials, products (including any software) and services included on or otherwise made available to you through this site are provided by BestJobsUSA on an "as is" and "as available" basis, unless otherwise specified in the agreement.
- BestJobsUSA makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including any software) or services included on or otherwise made available to you through the site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.
- To the full extent permissible by applicable law, BestJobsUSA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. BestJobsUSA does not warrant that this site; information, content, materials, products (including any software) or services included on or otherwise made available to you through the Site; its servers; or email sent from BestJobsUSA are free of viruses or other harmful components.
- BestJobsUSA will not be liable for any damages of any kind arising from the use of the Site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through the Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in any subsequent and separate agreement.
Certain states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
MISCELLANEOUS LEGAL TERMS
These terms and the use of the services and software will be governed by Florida law except for its conflicts of principles. All claims arising out of or relating to these terms or the services or software must be litigated exclusively in the Federal or State courts of Palm Beach County, Florida, and both parties consent to venue and personal jurisdiction there.
- These Terms constitute the entire and exclusive agreement between you and BestJobsUSA with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third-party beneficiary rights.
- BestJobsUSA's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
- You may not assign any of your rights in these Terms, and any such attempt is void, but BestJobsUSA may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
- BestJobsUSA's services center around helping employers market the opportunity to work at their company. Such employers using BestJobsUSA grant us the right to use their name, trademark and logo on BestJobsUSA's website, in BestJobsUSA marketing materials, and to identify the employer as a BestJobsUSA customer. BestJobsUSA agrees to remove mention of an employer in our marketing materials based on their written request. Employer further agrees that "Powered by BestJobsUSA" or similar marks may appear in forms, webpages and other outputs of our Services.
- BestJobsUSA's delivery of Services includes extensive use of social media and peer-to-peer communications to promote employers and distribute their Content. You indemnify BestJobsUSA against any claims or damages arising from any use of Content placed on the Web by BestJobsUSA that is subsequently repurposed, redistributed, and/or modified by a third-party directly or indirectly involved with BestJobsUSA.
We may revise these Terms from time to time and the most current version
will always be posted on here. If a revision, in our sole discretion, is
material we will notify you (for example, via email to the email address
associated with your account). Other changes may be posted to our blog or
Terms page, so please check those pages regularly. By continuing to access or
use the Service after revisions become effective, you agree to be bound by
the revised Terms. If you do not agree to the new terms, please stop using
Please contact us with any questions regarding these Terms.
Thank you again for using BestJobsUSA!
Last updated: March 26, 2015