Company Candidate

Terms and Conditions employees

 

All use of our website https://jm-wp.herlea.nl, including all services, media, and data available on it (the “Website”), is governed by these Terms and Conditions (“Terms”) and the following related policies:

Our Privacy Policy: https://jm-wp.herlea.nl/privacy-policy outlines the terms on which we process any personal data we collect from you or that you or others provide to us. By using our Website, you consent to such processing and warrant that all data provided by you is accurate. You also warrant that you have obtained the consent of all persons whose personal data you provide to us, for us to use that data to provide you and such other person with the requested product, service, or information.

These Terms were most recently updated on: 2024/05/20.

To facilitate navigation, we have divided these Terms into four sections:

PART A: INTRODUCTION
PART B: PROVISIONS SPECIFIC FOR EMPLOYERS
PART C: GENERAL
PART D: ADDITIONAL TERMS APPLICABLE TO USERS IN THE UNITED STATES

PART A: INTRODUCTION

 

  1. Information about us
  • Registered company name: Jobsmate, registered in the Netherlands under Company number 90632583, with its registered office at Rinus Michelslaan 337, 1061MB Amsterdam (hereinafter, “Jobsmate,” “we,” “us,” or “our”).

  • Contact: You can contact us anytime by emailing [email protected], writing to our registered office address above, or calling +31 6 38 27 51 70 (or such other contact details as we may notify you from time to time).

  1. What is our site?

We provide an online platform connecting individual users seeking employment opportunities (“Candidate(s)”) with employers (“Employer(s)”). Interactions on the Website occur between Candidates and Employers. Jobsmate is not directly involved in or otherwise an agent or party to any transaction between a Candidate and an Employer.

  1. Acceptance of Terms & Conditions

By visiting this Website as a person, company, or unincorporated body interested in hiring Candidates (“Employer,” “you,” or “your”), and whether or not you become a registered user, you accept these Terms and agree to comply with them. If you do not agree with these Terms, you must immediately stop using the Website.

By clicking “REGISTER NOW” or otherwise accessing or using this Website, you agree that you have read and understood, and agree to be bound by, these Terms, including our Privacy Policy (https://jm-wp.herlea.nl/privacy-policy). If you are not eligible or do not agree to the Terms, you do not have our permission to access or use this Website.

We reserve the right to change the Terms by posting the new version to this page and, where appropriate, notifying you of such change via email. Please check these terms every time you use our Website to ensure you understand the terms that apply at that time. You can review the current version of the Terms at any time on this page.

  1. Accessing Jobsmate

In consideration of you agreeing to abide by the Terms, we hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Website, solely for your personal, non-commercial use.

We may update and change our Website from time to time to reflect changes to our products, users’ needs, and business priorities. We do not guarantee that our Website, or any Content (as defined in Clause 10 below) on it, will always be available uninterrupted or error-free, and we reserve the right to withdraw, suspend, or amend the services or functionality we provide on the Website without notice for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. We will not be liable if the Website is unavailable at any time or for any period.

If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if, in our opinion, you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].

We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform to access our Website. You should use your own virus protection software. You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. If you do so, you may be committing a criminal offense under the Computer Misuse Act 1990, or other applicable law based on your location. We may report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, we reserve the right to immediately cease your right to use the Website.

You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to link to or make any use of Content on our Website other than that set out above, please contact [email protected].

PART B: PROVISIONS SPECIFIC FOR EMPLOYERS

 

  1. Registration: Creating an Account and a Profile

To use the Website as an Employer, you must register and create an account (“Account”) and may sign up to receive specific Jobsmate products at that time. To be eligible for an Account, you must be at least 18 years old. You may not use this Website if you previously had an Account terminated or suspended. We reserve the right, in our sole discretion, to accept or reject your registration for an Account. If your registration is accepted by us, you will be allocated an Account.

In registering for an Account on the Website, you agree to provide true, accurate, current, and complete information about yourself and maintain and promptly update the information to keep it true, accurate, current, and complete. You are responsible for all activities that occur under your Account. You may manage/edit your Employer profile and update and edit job listings, for example, by updating salary ranges.

If you provide any Content on the Website (via your Account, or via any of your interactions within the Website) that is untrue, inaccurate, not current, or incomplete, or Jobsmate has reasonable grounds to suspect that any such Content is untrue, inaccurate, not current, or incomplete, Jobsmate has the right to remove such Content, suspend or terminate your Account, and refuse any and all current or future use of the Website without notice to you.

You agree not to create an Account using a false identity or information or on behalf of someone other than yourself. Your login may only be used by you, and a login shared by multiple people is not permitted. You agree not to create an Account or use the Website if you have been previously removed by Jobsmate or if you have been previously banned from the Website. Jobsmate has the right to verify each email address linked to each Employer Account. Accounts will only be activated following Jobsmate’s email verification procedure.

Jobsmate has the right to suspend or terminate your Account and refuse any and all current or future use of the Website at any time and for any reason. If you sign up to receive Jobsmate products (the “Products”), we will notify you of the terms relating to those Products, including the price, term, and any usage restrictions at the time of sign-up. If you wish to upgrade your Products at any time, including by upgrading a monthly subscription to an annual subscription, we will confirm the terms relating to that upgrade in writing at the time of the upgrade. Specific terms applying to Jobsmate Pro subscriptions are set out below.

  1. Obligations and Rights of Employers

As an Employer, you can find and message Candidates through the Website. When you view, send, store, or receive information (including CVs and messages) through or using the Website, Jobsmate may use such information for its internal business purposes, including but not limited to data analysis, quality control, or to refine the Website or any other product or service (including to provide better search results and other listings for Candidates and Employers), whether via automated means or otherwise.

You may receive messages, emails, or email notifications corresponding with your activity on or use of the Website. In all cases, such messages or notifications are provided solely as a courtesy. Jobsmate disclaims all warranties regarding 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.

You shall indemnify, defend, and hold harmless Jobsmate, its agents, affiliates, and licensors from any and all losses, damages, costs, expenses (including but not limited to reasonable legal fees), third-party claims, or any other liabilities arising out of any Account created by you, any job advert posted directly by you, any message sent by you, or any other Content or material that is uploaded to or accessed via the Website.

  1. Confidentiality and Data Protection

As an Employer, you agree to keep confidential all information gained from Candidates through use of our Website (including but not limited to names, identities, or personal information of any Candidates), together with all other information which is of a private, proprietary, or confidential nature (“Confidential Information”). You agree to not disclose the Confidential Information to any person other than your employees who have a reasonable need to know the information in connection with the potential recruitment of the Candidate (and provided always that you ensure that such employees are bound by obligations of confidentiality no less strict than this Clause 7 and you remain responsible with their compliance with this Clause 7) and not to anyone outside your organization. You will take appropriate physical, technical, and administrative measures to protect the Confidential Information from loss, misuse, unauthorized access, disclosure, alteration, or destruction. If requested by us, you shall immediately return or destroy (as directed by us) all Confidential Information.

You agree that for the purposes of applicable data protection legislation, including but not limited to the Data Protection Act 2018 and the General Data Protection Regulation 2016/679 or similar laws based on your applicable jurisdiction (“Data Protection Legislation”), you are a data controller of any and all personal data that you collect from Candidates on the Website and that you will process any such personal data submitted by Candidates in accordance with the Data Protection Legislation.

  1. Jobsmate Pro

If you choose to upgrade your Account to include a subscription to Jobsmate Pro, we will provide you with the Jobsmate Pro services described on the Website. Access as a Jobsmate Pro subscriber is subject to ongoing payment of relevant fees.

Jobsmate Pro subscriptions are, unless otherwise agreed, for an initial 12-month term, and will automatically renew at the end of the initial term (subject to any agreed pricing changes) for subsequent periods of 12 months, unless you or we give 30 days’ written notice to terminate the subscription at the end of the initial or any subsequent term. We will notify you of any increase in pricing at least 45 days before the end of the initial or any subsequent term. We may, at our discretion, refuse to renew a Jobsmate Pro subscription at the end of the initial or any subsequent term.

PART C: GENERAL

 

  1. Intellectual Property and Acceptable Use

We are the owner or licensee of all intellectual property rights on our Website and in the material published on it, including but not limited to text, graphics, images, audio, video, software, data compilations, page layout, underlying code, and software, job adverts, company profiles, blog posts, and any other form of information capable of being stored in a computer that appears on or forms part of this Website, together with any such Content uploaded by users of the Website (“Content”). Except as expressly set out in these Terms, all rights are reserved, and nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Website, or any other intellectual property rights, without the owner’s prior written permission.

You may print off one copy and may download extracts of any page(s) from our Website for your records. You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video, or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of Content on our Website must always be acknowledged. You must not use any part of the Content on our Website for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy, or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.

This Website may include information and materials uploaded by other users of the Website, including bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values. The Content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the Content on our Website.

Although we make reasonable efforts to update the information and Content on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the Content on our Website is accurate, complete, or up to date.

  1. User Content

Whenever you make use of a feature that allows you to upload Content to our Website or to make contact with other users of our Website, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and shall indemnify, defend, and hold harmless Jobsmate, its affiliates, and their directors, officers, employees, agents, licensors, successors, and assigns from any and all losses, damages, costs, expenses (including but not limited to reasonable legal fees), third-party claims, or any other liabilities arising out of or in connection with any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any Content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us and other users of our site a limited, perpetual, irrevocable, royalty-free, fully paid-up, transferable, worldwide license to use, store, and copy that Content, to distribute and make it available to third parties, and to create derivative works as necessary for the operation of the Website. We also have the right to disclose your identity to any third party who claims that any Content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or their right to privacy.

We have the right to remove any posting you make on the Website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy. You are solely responsible for securing and backing up your Content. We do not store terrorist content. You represent that neither you nor any of your subsidiaries nor any director, officer, manager, or employee of yours or any of your subsidiaries is a person who (a) is the target of any laws administered by the United States Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) or any other governmental entity imposing economic sanctions or trade embargoes (“Economic Sanctions Laws”), or (b) is located, organized, or resident in a country or territory that is, or whose government is, the target of sanctions imposed by OFAC or any other governmental entity. You shall promptly notify us if you or any of your subsidiaries, or any of your or your subsidiaries’ directors, officers, managers, employees, or agents becomes the target of any Economic Sanctions Laws, or the country or territory where any of them is located, organized, or resident becomes the target of sanctions imposed by OFAC or any other governmental entity.

We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Website (“Feedback”), then you hereby grant Jobsmate an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Website and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

  1. Prohibited Use

You may not use the Website for any of the following purposes: (i) in any way that causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website; (ii) making, transmitting, or storing electronic copies of Content protected by intellectual property rights laws without the permission of the owner; (iii) in any way that is harmful, unlawful, illegal, abusive, harassing, threatening, or otherwise objectionable or in breach of any applicable law, regulation, or governmental order. You shall indemnify, defend, and hold harmless Jobsmate, its affiliates, and their directors, officers, employees, agents, licensors, successors, and assigns from any and all losses, damages, costs, expenses (including but not limited to reasonable legal fees), third-party claims, or any other liabilities arising out or in connection with any breach of this Clause 11.

  1. Links to Other Websites

Where our Website contains links to other sites and resources provided by third parties, these links are provided for information only. Such links should not be interpreted as approval by Jobsmate of those linked websites or information you may obtain from them. Unless expressly stated, these sites are not under the control of Jobsmate or its affiliates. You acknowledge and agree that in setting up an Account, Jobsmate may link to your website and other third-party websites to direct Candidates to the relevant application portal.

We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

  1. Limitation of Liability

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.

SUBJECT TO THE ABOVE CLAUSE:

  • WE EXCLUDE ALL IMPLIED CONDITIONS, WARRANTIES, REPRESENTATIONS, OR OTHER TERMS THAT MAY APPLY TO OUR WEBSITE OR ANY CONTENT ON IT;
  • OUR LIABILITY TO YOU SHALL NOT EXCEED ONE THOUSAND EUROS (€1,000);
  • WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
    • USE OF, OR INABILITY TO USE, OUR WEBSITE OR ANY CONTENT; OR
    • USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR WEBSITE;
  • WE WILL NOT BE LIABLE FOR:
    • LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
    • BUSINESS INTERRUPTION;
    • LOSS OR CORRUPTION OF DATA;
    • LOSS OF ANTICIPATED SAVINGS;
    • LOSS OF BUSINESS OPPORTUNITY, GOODWILL, OR REPUTATION; OR
    • ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.

Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these Terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms. These limitations will apply even if any limited remedy fails of its essential purpose.

  1. Term and Termination

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Website, and ending when terminated as described below.

If you violate any provision of these Terms, your authorization to access the Website and these Terms automatically terminate. In addition, Jobsmate may, at its sole discretion, terminate these Terms or your Account on the Website, or suspend or terminate your access to the Website, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your Account and these Terms at any time by contacting customer service at [email protected].

Upon termination of these Terms: (a) your license rights will terminate, and you must immediately cease all use of the Website; (b) you will no longer be authorized to access your Account or the Website; (c) you must pay Jobsmate any unpaid amount that was due prior to termination; and (d) all payment obligations accrued before termination and Clauses 9, 10, 13, 14, and 15, will survive. You are solely responsible for retaining copies of any Content you upload to the Website since upon termination of your Account, you may lose access rights to any Content you uploaded to the Website. If your Account has been terminated for a breach of these Terms, you are prohibited from creating a new Account on the Website using a different name, email address, or other forms of account verification.

  1. General

Except as expressly provided in these Terms, the rights and remedies provided under these are in addition to, and not exclusive of, any rights or remedies provided by law.

Neither party shall be in breach of the Terms nor liable for delay in performing, or failure to perform, any of its obligations under the Terms if such delay or failure result from events, circumstances, or causes beyond its reasonable control.

All amounts due under the Terms from you to us shall be paid in full without any set-off, counterclaim, deduction, or withholding (other than any deduction or withholding of tax as required by law). You agree to bear all taxes, including withholding, sales, use, and other similar taxes imposed by any jurisdiction outside the Netherlands. If any such taxes are required to be withheld from, or are imposed on, any amounts you are required to pay us under this agreement, you agree to pay us such additional amounts as are required such that, after the withholding or payment of all such taxes, we receive the same net amount as if such taxes had not been required to be withheld or paid. If any amounts due under these Terms are subject to any sales, use, or similar tax in any jurisdiction and you have not remitted the applicable tax, you will be responsible for the payment of such tax and any related penalties or interest to the relevant tax authority.

You shall allow Jobsmate (or Jobsmate’s authorized representatives or agents) to access your Account at all times to audit your use of the Website.

You may not transfer any of your rights under these Terms to any other person without our prior written consent. We may transfer our rights under these Terms without your consent.

These Terms together with the Privacy Policy and Acceptable Use Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements, or agreements that might have taken place in relation to the Terms.

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms, and no third party will have any right to enforce or rely on any provision of these Terms.

If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.

Unless otherwise agreed, no delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

Our Website is directed to people residing in the Netherlands. We do not represent that Content available on or through our Website is appropriate for use or available in other locations.

These Terms, their subject matter, and their formation (including non-contractual disputes or claims) shall be governed by and interpreted according to the law of Holland, and all disputes arising under these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Dutch courts.

PART D: ADDITIONAL TERMS APPLICABLE TO USERS IN THE UNITED STATES

The following additional terms apply only if you are accessing the Website from the United States:

ARBITRATION NOTICE for users in the United States. Except for certain kinds of disputes described in Clause 6 of this Part D, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration. By accepting these Terms, you and Jobsmate are each waiving the right to a trial by jury or to participate in any class action or representative proceeding.

  1. Information about us
  • Registered company name: Jobsmate, registered office address of Rinus Michelslaan 337, 1061MB Amsterdam (hereinafter, “Jobsmate,” “we,” “us,” or “our”). You can contact us anytime by emailing [email protected] or by writing to us at our registered office address above (or such other contact details as we may notify you from time to time).

  1. Protection of Intellectual Property Rights

Respect of Third-Party Rights. Jobsmate respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Website to do the same. Infringing activity will not be tolerated on or through the Website.

DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Website, you may contact our Designated Agent at the following address:

  • Jobsmate Rinus Michelslaan 337, 1061MB Amsterdam

Email: [email protected]

Procedure for Reporting Claimed Infringement. If you believe that any Content made available on or through the Website has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  2. a description of the copyrighted work or other intellectual property right that you claim has been infringed;
  3. a description of the material that you claim is infringing and where it is located on the Website;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the use of the materials on the Website of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
  6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property right owner’s behalf.

Your Notification of Claimed Infringement may be shared by Jobsmate with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Jobsmate making such disclosures. You should consult with your lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

Repeat Infringers. Jobsmate’s policy is to: (a) remove or disable access to material that Jobsmate believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Website; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Website by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. Jobsmate will terminate the accounts of users determined by Jobsmate to be repeat infringers. Jobsmate reserves the right, however, to suspend or terminate accounts of users at its sole discretion.

Counter Notification. If you receive a notification from Jobsmate that material made available by you on or through the Website has been the subject of a Notification of Claimed Infringement, you have the right to provide Jobsmate with what is called a “Counter Notification”. To be effective, a Counter Notification must be in writing, provided to Jobsmate’s Designated Agent through one of the methods identified above in the “DMCA Notification” paragraph, and include substantially the following information: g. your physical or electronic signature; h. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; i. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and j. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Jobsmate may be found, and that you will accept service of process from the person who provided notification as described above in the “DMCA Notification” paragraph or an agent of that person.

A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.

Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Jobsmate in response to a Notification of Claimed Infringement, then Jobsmate will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Jobsmate will replace the removed Content or cease disabling access to it in 10 business days. Jobsmate will replace the removed Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Jobsmate’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Jobsmate’s system or network.

False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Jobsmate] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Jobsmate reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

  1. Communications from Us

Promotional E-mails. We may send you e-mails concerning our products and services, as well as those of third parties. You may opt out of any promotional e-mails by following the unsubscribe instructions in the promotional e-mail itself.

  1. Indemnity

In addition to the indemnification obligations in the Terms, to the fullest extent permitted by law, you are responsible for your use of the Website, and you will indemnify, defend, and hold harmless us, our affiliates, and our and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Website; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

  1. Disclaimers; No Warranties by Us

Notwithstanding anything to the contrary in these Terms:

  • THE WEBSITE AND ALL CONTENT AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND ALL CONTENT AVAILABLE THROUGH THE WEBSITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE WEBSITE OR ANY PORTION OF THE WEBSITE, OR ANY CONTENT OFFERED THROUGH THE WEBSITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND WE DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR FROM US OR CONTENT AVAILABLE THROUGH THE WEBSITE WILL CREATE ANY WARRANTY REGARDING US OR THE WEBSITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE WEBSITE AND YOUR DEALING WITH ANY OTHER WEBSITE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE WEBSITE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
  • THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS CLAUSE APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT WE ARE PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
                   

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