The following terms and conditions apply to all Applicants, employers, and other users who access or use the App-A-Minute’s online and/or mobile services or websites, or software provided by or on behalf of App-A-Minute on or in connection with such services or websites (collectively, the “Site”), or otherwise indicate their acceptance to this Agreement.
App-A-Minute may make available certain job postings and other job-related content and services (such postings and other contents the “Job Postings”) and may make certain services including job application-related services and technology, through App-A-Minute’s search results and through the Site.
App-A-Minute is a communication portal only and is not responsible for any Job Postings or any jobs. Job Postings are created and provided by third parties, including employers and/or their agents (collectively, “Employers”) over whom App-A-Minute exercises no control; you acknowledge and understand that we have no control over Job Postings. App-A-Minute does not have any obligation to screen any Job Posting, or to include any Job Posting in its search results or other listings, and may exclude or remove any Job Posting from the Site for any or no reason. App-A-Minute does not guarantee that any Job Postings are accurate or legitimate, or that there are available jobs corresponding to any Job Posting.
App-A-Minute cannot confirm the accuracy or completeness of any Job Posting or other information submitted by any employer or other user, including the identity of such employer or other user. App-A-Minute assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job
You agree that App-A-Minute may also provide search options to narrow down Job Posting search results by job type (i.e. full-time, part-time, etc.), and such job types are created by App-A-Minute based on information available to it, and are not a direct reflection of the actual Job Posting, and App-A-Minute does not warrant or guarantee that any such job information or search results are accurate.
App-A-Minute is not a hiring or staffing service. App-A-Minute provides a platform to connect applicants and others who are interested in jobs (“Applicants”) and Employers and is not responsible in any way for the conduct of any Applicant or Employer, and Employers are solely responsible for their recruiting hiring practices. App-A-Minute has no control or insight into the selection process or selection criteria used by any Employer.
In addition, when you indicate your interest in a Job Posting or apply for a Job Posting through the Site you are requesting and authorizing App-A-Minute to make available any information provided by you, including your App-A-Minute Resume, to the applicable Employer(s) for such Job Posting(s). When you ask App-A-Minute to transmit an application or a message to an Employer, you understand that this is without warranty, and App-A-Minute does not guarantee that such application or message will be provided to such employer. App-A-Minute also does not guarantee that any Employer will receive, access, read or respond to any such resume or application material, or that there will be no mistakes in the transmission of the data. In addition, by using the Site, you agree that App-A-Minute is not responsible for the content of the Employer’s application form, messages, screener questions, testing assessments, hiring or selection processes and that App-A-Minute does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer.
When you create an App-A-Minute account, App-A-Minute may require that you verify your identity in ways that are at the sole discretion of App-A-Minute, including through a third party service called NetVerify. By using NetVerify, you are submitting your identification documents for verification directly to NetVerify, you are agreeing to share your identification with NetVerify, and you agree that NetVerify is solely responsible for any use or loss of data. App-A-Minute may have access to your identification documents via NetVerify
Applicants who wish to apply for a Job Posting through App-A-Minute may only do so through the App-A-Minute application portal (the “Application Portal”), and App-A-Minute will send applications to the email address you provide to us and/or through the Site. You may use the Application Portal to take actions regarding the Applicant including setting up an interview, viewing a resume and rejecting a candidate, and you consent to App-A-Minute monitoring and analyzing these actions. YOU UNDERSTAND THAT APP-A-MINUTE DOES NOT INQUIRE INTO THE BACKGROUNDS OF APPLICANTS OR ATTEMPT TO VERIFY THE STATEMENTS OF APPLICANTS. YOU AGREE TO
(1) CONDUCT ANY BACKGROUND CHECKS, REFERENCE CHECKS, OR OTHER DUE DILIGENCE THAT YOU MAY REQUIRE AS PART OF YOUR HIRING PROCESS, AND
(2) COMPLY WITH ALL LAWS AND REGULATIONS RELATING TO THE INTENDED CONTRACT OF ANY CANDIDATE.
App-A-Minute will attempt to send applications to the contact information provided to App-A-Minute by you, the Employer. App-A-Minute 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 Applicants, and you indemnify App-A-Minute for any damages resulting therefrom.
In addition, App-A-Minute may, on your behalf, send out reminder emails to Applicants you wish to interview. App-A-Minute may also send emails to Applicants on your behalf indicating that your Job Posting is potentially a match for the Applicant’s resume.
You are responsible for the content of any Company Page that you create, any Job Postings that you post, and any messages that you send through App-A-Minute or otherwise, including any questions for Applicants. App-A-Minute may provide analytics data regarding your Employer account to anyone at your company at App-A-Minute’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any App-A-Minute product, App-A-Minute reserves the right to suspend or terminate your use of that App-A-Minute product as well as any other App-A-Minute product, including but not limited to those App-A-Minute products where you do not have an unpaid invoice or account balance.
You agree not to provide any information in a Job Posting, on the Site, or to a potential applicant for a Job Posting, including information about the company you represent, that is inaccurate or misleading, and will not post any information about a job that is misleading or inaccurate in any way, including but not limited to any information regarding the pay or other terms of employment. You will not post any Job Posting for a job that is not open and available. You will ensure that all actions taken by you in connection with any Job Posting and the selection or hiring of any applicant shall comply in all respects with all applicable laws and regulations, including but not limited to laws relating to anti-discrimination, immigration compliance, and so on, and that you comply in all respects with employment-related laws, rules or regulations, including but not limited to any wage and hour laws, rules or regulations, and App-A-Minute has no responsibility for your compliance or failure to comply therewith
You agree that App-A-Minute may reject or remove any Job Posting, any part of any Company Page, or any questions for Applicants for any or no reason.
You agree to make payment to App-A-Minute as set out in the subscription package selected by you. Payment is due in advance, and App-A-Minute may suspend or terminate your access to the Site or services provided through the Site if you fail to make payment when due.
You shall indemnify, defend and hold harmless App-A-Minute, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any breach of your obligations in this Agreement or violation of any law, rule or regulation or arising out of any Company Page created by you, or any Job Posting or screener questions (or answers thereto) posted by you, or any message sent by you (including any questions for Applicants contained in any of the foregoing).
Regardless of whether you are an Employer or Applicant, when you send, store or receive materials (including Job Postings, App-A-Minute Resumes, and messages) through or using the Site, App-A-Minute may, for example, use such materials for data analysis, quality control, or to refine the Site or any other App-A-Minute product or service (including to provide better search results and other listings for Applicants and Employers), whether via automated means or otherwise. When you send, store or receive materials through or using the Site, App-A-Minute may also inform a Applicant that an Employer has taken an action with regards to a Applicant’s application such as opening the application, viewing the application and making a decision with regards to the application, and you hereby consent to App-A-Minute taking such actions. App-A-Minute assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Posting, Company Page, job solicitation, screener question, answer to screener question, resume 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 App-A-Minute to do so. App-A-Minute does not promise to correct any inaccuracy
Regardless of whether you are an Employer or Applicant, App-A-Minute may use application materials (including App-A-Minute Resumes and responses to screener questions) to determine whether the words of any Applicant’s resume and answers to screener questions match the words of other Job Postings, and vice-versa. Regardless of whether you are an Employer or Applicant, you agree and consent that App-A-Minute may present matching resumes them to Employers as matches or not matches. App-A-Minute may also use such information in order to improve the Site or any other App-A-Minute product or service (including by displaying or otherwise making available potentially relevant Job Postings and resumes to Applicants and Employers).
Regardless of whether you are an Employer or Applicant, App-A-Minute may provide materials to you for informational purposes only. For example, App-A-Minute may provide you with data regarding estimated salaries for a certain Job Posting, or about estimated applies to a Job Posting you may receive as an Employer. These figures provided by App-A-Minute are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. App-A-Minute may also include salary estimations on pages other than Job Postings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to App-A-Minute. These figures are given to App-A-Minute users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.
Regardless of whether you are an Employer or Applicant, App-A-Minute may provide certain types of career-related information or business-related information on its Site. All such information is for informational purposes only, and is in no way to be construed as professional career or business counseling. You understand that App-A-Minute 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, candidate search or business practices. You further understand that in providing such information, App-A-Minute is not acting as a job placement agency or staffing firm. You also understand that by referring to such information, you are not guaranteed job interviews, job placement or assurance of being hired, and you take full responsibility for use of these services.
Regardless of whether you are an Employer or Applicant, App-A-Minute may provide you an online questionnaire relating to your industry and/or your hiring or job searching needs. App-A-Minute may match a Applicant’s responses to such questionnaires to determine, on the basis of the Employer’s responses to a questionnaire about its industry and/or hiring needs, whether such Applicant would match the Employer’s hiring criteria as specified in the Employer’s questionnaire responses. In the event App-A-Minute determines that a Applicant matches the Employer’s hiring criteria, App-A-Minute may connect such matching Applicant and Employer by sending a note informing both parties of the match, including but not limited to sending an Employer a short description of a Applicant taken directly from the Applicant’s responses to the questionnaire. In all events you will know what data we are providing to either a Applicant or Employer, or upon which we relied to make the match, because you have actively submitted it. If the Employer and Applicant express interest in each other, you agree App-A-Minute may provide the Employer with an email address for the Applicant either provided by App-A-Minute or the Applicant and, if you are a Applicant, you consent to this. Regardless of whether you are an Employer or Applicant, by submitting the completed questionnaire, you agree and consent to App-A-Minute
(i) conducting such matching, utilizing only material you have submitted through the questionnaire process,
(ii) presenting matching Applicants to Employers, and vice versa and
(iii) storing and analyzing such data submitted in response to such online questionnaires.
If you are a Applicant, you may take a variety of actions on our Site. For example, you may search for jobs, and App-A-Minute knows and stores the titles of jobs you search for, where those jobs are located, any information, including salary interest or experience of which you have informed App-A-Minute, or the general salary range or experience level of the jobs you view (if indicated on the Job Postings), the Job Postings you apply to, or any of your other behavior on the App-A-Minute site, when you use App-A-Minute. 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 App-A-Minute account or an App-A-Minute-hosted resume, you agree that App-A-Minute may 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 App-A-Minute. You also agree that App-A-Minute may contact you based on this observed behavior. Please note, although information may be sent to you by a third party through the App-A-Minute system, the aforementioned behavior does not include information relayed to you. However, App-A-Minute may publicly display the fact that you have recently used the App-A-Minute Site or the fact that you have recently used the App-A-Minute system to correspond with a third party.
App-A-Minute may provide other human resources or related services for use by Employers, including timekeeping functions. Employers agree that they are solely responsible for their use of such services, including without limitation that they implement proper policies and procedures regarding the use of such services by employees and the payment of any amounts due to employees. App-A-Minute has no responsibility for or relating to any payments to employees, including payments for time recorded through any App-A-Minute service. Employers are solely responsible for ensuring compliance with all wage and hour and related laws, rules or regulations
The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties, and certain services such as background checking are provided by third-party vendors and other parties (the “External Sites”). You acknowledge that App-A-Minute is not responsible or liable for any such third parties or for the availability of, or the materials located on or through, or services provided by, any External Sites. App-A-Minute does not guarantee or warrant any performance or accuracy level of any information or services available on or through External Sites, and such External Sites are solely responsible for their content, services and actions. Such External Sites are provided “AS IS” without indemnification, support, or warranty of any kind, and this Agreement does not apply to your use of any such provided External Sites. App-A-Minute reserves the right to suspend External Sites at any time. You should review any applicable terms and/or privacy policies of any External Site before using it or sharing any information with it, because you may give the operator permission to use your information outside of what you have agreed to herein. 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, App-A-Minute 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 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 App-A-Minute.
App-A-Minute’s Site is for your non-commercial use only. If you wish to make commercial use of the Site, or if you wish to purchase App-A-Minute services that utilize the Site, you must have a prior written agreement with App-A-Minute to do so, or have accepted App-A-Minute’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.
Some parts of the Site allow users to post Job Postings, applicant information including App-A-Minute 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 is referred to herein as “User Content”). 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, such as company reviews or descriptions of the application process. App-A-Minute does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. 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 App-A-Minute 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, 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.
Although App-A-Minute has no obligation to do so, App-A-Minute may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in App-A-Minute’s sole discretion, violates the above rules or is, in App-A-Minute’s sole discretion inappropriate. If you believe that any User Content violates this Agreement or our policies, please contact App-A-Minute immediately so that we may have the opportunity to consider its removal. For clarity, App-A-Minute does not have any obligation to remove any User Content, and the interpretation of whether any User Content violates any App-A-Minute policy will always remain within the sole discretion of App-A-Minute.
App-A-Minute 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 App-A-Minute 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. As an Employer, when you post a Job Posting on App-A-Minute that you choose to list as confidential, your identity may be discoverable by request from the government or law enforcement.
Without limiting the generality of the foregoing, App-A-Minute reserves the right (but is under no obligation) to remove any Job Posting that directly or indirectly discriminates against Applicants. Direct discrimination means, for example, that a Job Posting specifically makes clear that only Applicants 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 Posting implicitly excludes certain classes of Applicants 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 Posting that directly or indirectly discriminate against Applicants 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).
Only to the extent permitted by law, if you post content or submit material to App-A-Minute, including photographs or material you submit or any other User Content, you grant App-A-Minute a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, 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 such content and materials for the purpose of publishing material on the App-A-Minute website or its publisher partners, maintaining the App-A-Minute website and promoting App-A-Minute without restriction. Furthermore, you grant to App-A-Minute, its affiliates, and sublicensees the license to use your name, user name, and/or trademarks and logos in connection with any such User Content or App-A-Minute marketing materials, or actions by App-A-Minute to promote or publicize such User Content (e.g. Job Postings) including the use of keywords in third-party internet search engines. Notwithstanding the foregoing, to the extent any Employer(s) submits photographs to App-A-Minute for association with a particular Job Posting or Company Page, App-A-Minute shall not post such content anywhere other than the Employer(s)’s Job Posting or other parts of the site to promote the Job Posting or facilitate the use of the Site to apply for the Job Posting.
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 App-A-Minute 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 App-A-Minute 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 App-A-Minute for more details.
At your discretion, you may provide feedback and related materials to App-A-Minute 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 App-A-Minute 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 App-A-Minute may disclose any or all Feedback to any third party in any manner, and you agree that App-A-Minute 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 App-A-Minute 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, App-A-Minute does not waive any rights to use similar or related ideas previously known to App-A-Minute, or developed by its employees, or obtained from sources other than you.
You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by App-A-Minute, unless you have been specifically allowed to do so in a separate, written agreement with App-A-Minute. 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 App-A-Minute, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. You agree that you are solely responsible for (and that App-A-Minute 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 App-A-Minute may suffer) of any such breach.
You agree that you shall not transmit to App-A-Minute 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:
App-A-Minute reserves the right to use any User Content (including the content of messages or material sent through or to the Site or App-A-Minute) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. App-A-Minute 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. If you use the Site, you consent to App-A-Minute enforcing these rules, which may result in a temporary or permanent suspension or termination of your account or use of certain functions of the Site, including but not limited to the email relay function, for some users, with or without notice, and App-A-Minute shall not be responsible or liable for any such suspension or termination, including any consequences thereof
Some areas of the Site, including areas that may permit you to set up an App-A-Minute 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 are able to answer verification questions about your App-A-Minute account, may receive access to information regarding your App-A-Minute account. If you are an Employer, your account is given to your business, not an individual. App-A-Minute is not responsible and disclaims all liability if your email is used improperly or falsely by a third party. In some instances, multiple users may be linked to the same account (“a Linked Account”). By registering for an App-A-Minute account, you agree to receive mandatory email updates regarding anomalous activity to your App-A-Minute 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. A Linked Account is created when the primary account owner of an Employer account invites other users to the same account. When using a Linked Account, all users within the same Linked Account have access to the communications and actions of all other users within the Linked Account, and you consent to such access.
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 App-A-Minute may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your App-A-Minute 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 App-A-Minute or that App-A-Minute may otherwise obtain from third-party sources. By providing App-A-Minute with a mobile phone number, you expressly consent to receiving communication via such mobile number. When you give App-A-Minute a mobile number and consent to receiving communication, such communications are inherent to the services you have signed up for, and you may not revoke such consent without discontinuing use of App-A-Minute’s services.
App-A-Minute 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 App-A-Minute search results (including Jobs Listings) or otherwise made available on the Site by App-A-Minute or third parties (including User Content), regardless of whether paid for or used for free. App-A-Minute disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by App-A-Minute for informational purposes only, including but not limited to, App-A-Minute Analytics data like estimated applies or organic traffic, and salary information. You acknowledge you are not paying App-A-Minute for the aforementioned information. App-A-Minute disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails or material (including User Content). App-A-Minute 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 App-A-Minute 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 App-A-Minute 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 App-A-Minute’s Site.
App-A-Minute 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, account login, or any other Services provided by App-A-Minute as a result of technical problems or traffic congestion on the Internet or any third party website 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 App-A-Minute 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 POSTINGS, CAREER GUIDE, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. APP-A-MINUTE 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. APP-A-MINUTE 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 POSTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. APP-A-MINUTE 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 APP-A-MINUTE.
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
UNDER NO CIRCUMSTANCES SHALL APP-A-MINUTE 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 APP-A-MINUTE 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 APP-A-MINUTE 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 APP-A-MINUTE TO USE THE SITE.
Without limiting the foregoing, under no circumstances shall App-A-Minute or its affiliates, or its or their third-party licensors, be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
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 App-A-Minute 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 App-A-Minute 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 App-A-Minute 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 App-A-Minute Copyright Notice, [ADDRESS] USA (copyright App-A-Minute.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
This Agreement and any dispute arising out of or in connection with this Agreement (“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 California, United States of America, if you are located in the United States, 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 San Francisco County, California., if you are located in the United States. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in San Francisco County, California.
By using the Site and in return for the services offered by App-A-Minute, you acknowledge that App-A-Minute 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 (either an Employer or Applicant) agree not to sue App-A-Minute 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 App-A-Minute regarding your use of the Site. Additionally, as a Applicant, 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 11 above.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Company does not endorse any of the products or services listed on such sites.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. This Agreement, together with any amendments and any additional agreements you may enter into with App-A-Minute in connection with the Site, shall constitute the entire agreement between you and App-A-Minute 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.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY APP-A-MINUTE IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available at the Site. We will also update the “Last Revised” date at the top of the Agreement. If we make any material changes, and you have registered to use the Service, we may also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to the Agreement will be effective immediately for new users of the Site or Service and will be effective thirty (30) days after posting notice of such changes on the Site for existing users, provided that any material changes shall be effective for users who have a registered account on the Site upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to the user. App-A-Minute may require you to provide consent to the updated Agreement in a specified manner before further use of the Site is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Service. Otherwise, your continued use of the Site and/or Service constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF SERVICE.
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. 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 App-A-Minute’s proprietary rights in them.
You understand and acknowledge that App-A-Minute or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. App-A-Minute 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.
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 App-A-Minute 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 App-A-Minute party identified in the first paragraph of this Agreement with respect to such new territory.
Any notices to App-A-Minute must be sent to the applicable App-A-Minute 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., App-A-Minute Ads Program, App-A-Minute Resume Program, or App-A-Minute 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 App-A-Minute Ads interface).
You may not assign or delegate any of your rights or obligations hereunder without App-A-Minute’s prior written consent and any such attempt is void. App-A-Minute may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, App-A-Minute may assign any agreement between you and App-A-Minute to any related App-A-Minute entity by informing you of such assignment. App-A-Minute and you are not legal partners or agents, but are independent contractors.
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 App-A-Minute in accordance with the “Information 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, App-A-Minute’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.
By using any of the App-A-Minute Apps, you agree that all of the terms and conditions found herein apply to your use of the App-A-Minute App. Additionally, you agree that the App-A-Minute 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 App-A-Minute App, you are asking App-A-Minute to make formatting changes to any Job Postings as they appear on your phone, in order to enable you to utilize your App-A-Minute Resume. You further acknowledge that your use of the App-A-Minute 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 App-A-Minute App, and App-A-Minute disclaims all responsibility for such data usage. In addition, if you allow App-A-Minute Apps to utilize location services, the App-A-Minute Apps may suggest to you and collect from you certain information based on your geographic location.
The Site is not directed to individuals under the age of fourteen (14), but if you are under the age of 18 or the age of majority in your jurisdiction, you must use App-A-Minute under the supervision of a parent or legal guardian, or responsible adult.