1. Introduction. Please read this page carefully. It contains the terms and conditions (the “Terms and Conditions”) governing your access to and use of the Jobtotop Website and the Services (as each is defined below) provided by Jobtotop or one of its divisions (collectively, “Jobtotop”). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Jobtotop Website or Services. These Terms and Conditions are effective as of December 11, 2021.
2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by Jobtotop), form a binding agreement (the “Agreement”) between you and Jobtotop. Your access to or use of the Jobtotop Website or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Sites at your own risk.
3. Certain Definitions. The following definitions apply to this Agreement:
3.1 “Jobtotop Materials” includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
3.2 “Jobtotop Website” or the “Site” (collectively, the “Jobtotop Website” or the “Sites”) means any website under Jobtotop’s control, whether partial or otherwise and includes such Site’s Content, Jobtotop Materials and Services (as applicable in each context).
3.3 “Content” means Jobtotop’s web pages, web forms, programming (including software code used on the Sites and in the Services, including (i) tools, kits, and object libraries, (ii) all third-party or open-source code embedded therein, and (iii) any upgrades, updates, releases, fixes, enhancements or modifications to the foregoing), graphics, images, design (colour combinations and page layout), text, information, data, resumes stored in various commercial databases operated and licensed by Jobtotop (including, among others, its “Resume Database”, “Salary Calculator Database,” “TalentStream Supply & Demand Database” and the Recruitment Edge Database), data submitted via the Sites by Users and other content made available through the Sites by Jobtotop.
3.4 “Document” refers to any posting to a Site, whether job or resume.
3.5 “Employer” means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.
3.6 “Employer Materials” includes any brochures, emails, sample job postings, website content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.
3.7 “Job Seeker” means a User who is accessing a Site to search for a job or in any other capacity except as an Employer.
3.8 “Services” means any services provided by Jobtotop or its agents described herein and specified more fully in the Service Activation Agreement.
3.9 “User” refers to any individual or entity that uses any aspect of the Sites.
3.10 “You” or “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
4. Intellectual Property Rights and Acceptable Use of the Sites and Services.
4.1 General Use Rules. The Sites are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Sites only for lawful purposes within the stated context of Jobtotop’s intended and acceptable use of the Sites. Jobtotop is the sole interpreter of the Sites’ intended and acceptable use.
4.2 Jobtotop Intellectual Property Rights. The Sites, the Jobtotop Materials and all rights, titles and interests in and to the Sites and Jobtotop Materials are the sole property of Jobtotop or its licensors and are protected by the United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, Jobtotop reserves for itself and its licensors all other rights, titles and interests. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or Jobtotop Materials, or use them in any other way for public or commercial purposes. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any Services provided on the Sites other than the search engine and search agents available from Jobtotop on such Jobtotop Sites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the Jobtotop Sites, without the express wrote consent of Jobtotop. The use of the Content on any other website or in a networked computer environment for any purpose is strictly prohibited. The Jobtotop Materials are not considered to work for hire and you may duplicate such Jobtotop Materials only for the purposes outlined in the Service Activation Agreement. “Jobtotop,” “Personified”, the Jobtotop design logo and certain other names or logos are service marks or trademarks of Jobtotop, and all related product and service names, design marks and slogans are the service marks or trademarks of Jobtotop. In addition, the “look” and “feel” of the Sites (including colour combinations, button shapes, layout, design and all other graphical elements) are also protected by Jobtotop’s trademarks, service marks and copyrights. Any code that Jobtotop creates to generate or display the Content or the pages making up the Sites is also protected by Jobtotop’s copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or Jobtotop Materials on any authorized copy you make of the Content or Jobtotop Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.
4.3 License to Use by Users who are Job Seekers. Jobtotop hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Sites solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Sites is a privilege. Jobtotop reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
4.4 License to Use by Users who are Employers. Jobtotop hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Sites solely for your personal use directly related to searching for and recruiting job prospects. Jobtotop also grants you a limited, terminable, non-exclusive license to use the Jobtotop Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by Jobtotop to any third party without the express written authorization of Jobtotop. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Jobtotop reserves the right to suspend or terminate your access and use at any time if Jobtotop determines that you are in breach of these Terms and Conditions.
4.5 Employer Materials. Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants Jobtotop a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer’s website in connection with the Services.
4.6 Use of Aggregate Data. You understand and agree that Jobtotop owns and has the right to collect, extract, compile, synthesize, and analyze Aggregate Data. Jobtotop may use such Aggregate Data for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated and anonymized form so that it cannot be identifiable as relating to you, your Company or any other Job Seekers. “Aggregate Data” means de-identified aggregated data or information regarding Job Seekers’ educational or career history (including, by way of example and not limitation, aggregate data relating to Job Seekers’ occupation, location, salary, education and experience).
4.7 Other Specific Rules Regarding Site Usage. You represent, warrant and agree that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Sites and Services under the supervision of a parent, legal guardian, or other responsible adults; and (b) will not use (or plan, encourage or help others to use) the Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Sites complies with these Terms and Conditions and all applicable laws.
4.8 User Submissions. Jobtotop welcomes your comments regarding the Services and the Sites and appreciates hearing from you. Please note, however, that CareerBuilder does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If despite this notice, you send Jobtotop creative suggestions, ideas, drawings, concepts, inventions, or other information (a “User Submission”), you understand and agree that the User Submission shall become the property of Jobtotop. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on Jobtotop’s part, and Jobtotop will not be liable for any use or disclosure of any User Submission. Jobtotop shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
5. Third-Party Providers. You acknowledge and agree that Jobtotop may provide the Services using third-party providers, including subcontractors and consultants (the “Third-Party Providers”). You agree that, as between Jobtotop and its Third Party Providers, Jobtotop will have sole responsibility for handling all billing and contract negotiations.
6. Disclaimers and Limitations on Jobtotop’s Liability.
6.1 Allocation of Responsibility Jobtotop assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. Jobtotop acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document that allegedly does not conform to these Terms and Conditions, Jobtotop may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of such Document. Jobtotop has no liability or responsibility to Users for the performance or nonperformance of such activities. Jobtotop may take any action with respect to User submitted information that it deems necessary or appropriate, at its sole discretion.
6.2 No endorsements by Jobtotop. Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its website, products, services, hiring, experience, employment or recruiting practices or otherwise.
6.3 WARRANTY DISCLAIMERS.
(a) THE SITES ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. JOBTOTOP, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. JOBTOTOP MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.
(b) WITHOUT LIMITATION ON THE FOREGOING:
(i) JOBTOTOP DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, JOBTOTOP IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) Jobtotop makes no representations or guarantees regarding the truthfulness, accuracy, LEGALITY, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
(iii) Jobotop makes no representations or guarantees regarding the Content of the Sites, including, but not limited to, broken links, inaccuracies or typographical errors.
(iv) JOBTOTOP MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. JOBTOTOP DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
7. Links to Other Sites. Jobtotop contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Jobtotop of the contents on such third-party websites. Jobtotop is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
8. Amendments to this Agreement and Changes to Sites. Jobtotop may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Sites (or as otherwise stated in any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by Jobtotop unless Jobtotop agrees to them in a signed writing specifically including those new or different terms. Jobtotop may change the Sites at any time.
9. Indemnity. You agree to defend, indemnify, and hold harmless Jobtotop (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third-party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any Document posted by you, your use of the Services or your breach of this Agreement. Jobtotop shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
10. Contact. In case of any query or objection feel free to approach us at email@example.com.
Thank you for using Jobtotop.