Thank you for ESGInvestingJobs.com jobs posting platform and related products and services (the “Jobs Services”). You agree that by purchasing, signing up for, or otherwise using the Jobs Services, you are entering into a legal binding agreement (even if you are using Jobs Services on behalf of a company). The Jobs Services allow your postings to be served on properties of ESGInvestingJobs.com.
1. Agreement
In addition to the Privacy Policy these Jobs Terms and Conditions apply to the access and use of the Jobs Services. If you are accessing or using the Jobs Services on behalf of a business or third party, you represent and warrant that you have the authority to do so and to bind that business or third party to these Jobs Terms and Conditions, and your agreement to these Jobs Terms and Conditions will be treated as their respective agreement. In this event, we may hold you responsible for violations of this agreement by that business or third party, and “you,” “your” and “party” will also refer and apply to that business or third party.
2. Jobs Services
The Jobs Services are designed to help you reach quality candidates for job opportunities. You are responsible for (i) all postings and content therefor submitted by or on your behalf through the Jobs Services, including but not limited to the job descriptions, URLs and pixels that comprise the postings or content therefor (collectively, your “Postings”); and (ii) all content and property to which Postings may direct viewers, as well as redirects (“Destinations”).
You are responsible for any activity conducted through your account, including any purchases made or charges incurred. If you identify that you are using the Jobs Services on behalf of a business, you agree that we may share information about your purchases and use of the Jobs Services with that business, including its representatives and agents. If that business indicates that you are no longer authorized to place ads on its behalf (e.g., if you leave that business or changes roles within that business), you agree you may be removed from accounts associated with that business. You may not resell or transfer access to the Jobs Services to any other party.
Each Posting must be for one (1) job opportunity; it is not permitted for a Posting to solicit applications for more than one position.
Without limiting the prohibitions in the User Agreement or any other applicable agreement, you agree that you will not, and you will not enable or authorize any third party, by virtue of the Postings, Destinations, or use of the Jobs Services, to:
- Create Postings without a reasonable and legitimate intent to hire for a bona fide job opportunity or the specific position listed.
- Create Postings that intentionally misrepresent the job, hiring company, or poster.
- Fail to clearly disclose in any Posting that a position is for an independent contractor or is part-time, piecework, commission-based, or has otherwise nontraditional working conditions or compensation may constitute intentional misrepresentation.
- Create Postings for “business opportunities” that require payments or recruitment of others or that resemble franchises, multi-level marketing, club memberships, distributorships, or are entirely or almost entirely commission-based.
- Provide identifiable candidate resume or application data to any other parties.
- “Spam” or otherwise contact applicants for purposes other than related to the specific employment opportunity described in the posting.
- Harass, stalk, or contact any applicant after they have asked not to be contacted.
- Create Postings in the United States without possessing valid Federal or State Employer Identification Numbers, if applicable, or create Postings in any other location in a manner that would not allow compliance with applicable tax and employment laws.
- Create Postings for jobs that require applicants to pay for employment or otherwise bear costs related to employment in violation of applicable law.
- Soliciting employees by intentional misrepresentation.
- Create Postings, advertise employment positions, or otherwise engage in recruitment or hiring practices that would be a violation of the law in your state or country, the state or country where the job is to be performed, or the state of California.
- Engage in solicitations, communications or transactions that violate any applicable laws or regulations related to the prohibition of employment discrimination, or that violate applicable laws governing legal eligibility to work.
- Engage in illegal or fraudulent conduct.
- Except as expressly authorized by ESGInvestingJobs.com in writing, use any automated means or form of scraping or data extraction to access, modify, download, query or otherwise collect information from the Properties.
- Except as expressly authorized by ESGInvestingJobs.com in writing, copy, modify or create derivative works of the Jobs Services or any related technology.
- Create Postings that contain malware, spyware or any other malicious code or otherwise interfere with the operation of the Jobs Services or any device or system or breach or circumvent any security measure of ESGInvestingJobs.com or a third party.
We may, in our sole discretion, modify, or terminate any part or all of the Jobs Services or suspend your ability to use the Jobs Services. We may reject or remove any Posting at any time for any reason, regardless of whether or not such Posting was previously accepted or served.
3. Fees, Payment and Cancellation
You may be offered more than one billing option when you purchase Jobs Services. You agree to pay on the basis and at the rate selected when a Posting, order, or other purchase of Jobs Services was submitted through your account (“Rate”). You also agree to pay all applicable taxes, government charges and foreign exchange fees. All amounts paid are non-refundable.
4. Intellectual Property Rights and Privacy
You grant to ESGInvestingJobs.com a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, distribute and publish your Postings in connection with the performance of the Jobs Services (including for marketing and promotional purposes). You represent and warrant that you own or have all necessary rights (including intellectual property rights) to your Postings (including to grant the license above).
Each party will comply with applicable laws, self-regulatory rules, industry rules and governmental requirements (collectively, “Applicable Law”) relating to its performance of these terms, including privacy and security laws (e.g., the EU Data Protection Directive 95/46/EC and EU Directive 2002/58/EC, each as amended and implemented in various EU countries). Without limiting the generality of the foregoing, each party will prominently post a complete and accurate privacy policy on its websites and in its mobile applications.
5. Disclaimer of Warranties
To the extent allowed under law, in addition to disclaiming all implied warranties and other warranties as provided in the User Agreement, we disclaim all warranties regarding the Jobs Services, including but not limited to any warranty (a) about the accuracy of any candidate information; (b) concerning the rate at which inventory for your Postings becomes available on the Properties; (d) concerning the results of your candidate campaigns and other uses of the Jobs Services; or (c) that the Jobs Services will be uninterrupted or error-free.
6. Indemnity
Notwithstanding any review or approval of any Posting by ESGInvestingJobs.com, you agree to indemnify ESGInvestingJobs.com, and hold ESGInvestingJobs.com harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims or proceedings, arising out of or related to your Postings, Destinations, use of the Jobs Services, any candidate hiring or employment decisions, and breach of these Jobs Terms and Conditions.
7. Limitation of Liability
To the fullest extent permitted by law, neither party, including its respective affiliates, will be liable to the other in connection with these Jobs Terms and Conditions for lost profits or lost business opportunities, loss of data, or any indirect, incidental, consequential, special or punitive damages.
Neither party, including its respective affiliates, will be liable to the other in connection with these Jobs Terms and Conditions for an amount that exceeds the greater of (a) 5 times the total fees paid or payable to ESGInvestingJobs.com during the 1-month period before the event giving rise to the liability or (b) USD $100.00.
These limitations of liability do not apply to a party’s (i) payment; confidentiality or indemnification obligations; (ii) liability for fraud, gross negligence or intentional misconduct; (iii) liability for death or personal injury; or (iv) violation of the other party’s intellectual property rights.