TheJobStackTM Terms of Service

Introduction; Your Agreement to these Terms of Service.

Welcome to the TheJobStack.com (“TheJobStackTM” or “We”) open source referral platform, as well as any other web sites, subdomains, or services owned or controlled by TheJobStack.com (collectively, the “TheJobStackTM Services”). To access the TheJobStackTM Services, users must at all times agree to and abide by these Terms. The TheJobStackTM Services allow you to submit, store, and access your individual or company-related information (collectively, “Information”), as well as allow you to refer individuals of your knowledge for various employment opportunities posted by potential employers on TheJobStackTM Services.

These Terms of Service for the TheJobStackTM Services constitute a legal contract between you, either an individual subscriber, customer, member, or user of at least 18 years of age, or a single company, organization, or entity (“You” or, collectively, “Users”), and TheJobStackTM regarding your use of the TheJobStackTM Services. The services hereunder are offered by TheJobStack.com. located at: 42 Pond View Dr., Red Hook, NY 12571 and email: support@TheJobStack.com.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. By REGISTERING FOR AND/OR accessing, browsing, using or SUBSCRIBING TO THE TheJobStackTM Services, you acknowledge that you have read, understood, and agree to be bound by the following terms, including ANY ADDITIONAL GUIDELINES, AND any FUTURE modifications (collectively, the “TERMS”). If AT ANY TIME you do not agree to these Terms, THEN please TERMINATE YOUR use OF The TheJobStackTM Services.

IF YOU ARE USING OR OPENING AN ACCOUNT WITH TheJobStackTM ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (collectively, the “SUBSCRIBING ORGANIZATION”) THEN YOU REPRESENT AND WARRANT THAT YOU: (I) Are an authorized representative of that entity with the authority to bind such entity to these TERMS; (II) have read the foregoing terms; (III) understand these TERMS; and (IV) agree to these TERMS on behalf of such SUBSCRIBING ORGANIZATION.

  1. Privacy. Your privacy is important to TheJobStackTM. The Privacy Notice for the TheJobStackTM Services is hereby incorporated into these Terms by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.
  2. Individual Features and Services. When using the TheJobStackTM Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.
  3. Modification of the Terms. TheJobStackTM reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time. You agree to review these Terms and any Guidelines periodically for changes. Your continued use of the TheJobStackTM Services after the posting of changes constitutes your binding acceptance of such changes. If any such revision is unacceptable to you, your only remedy is to terminate your TheJobStackTM User Account and/or use of TheJobStackTM Services. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the TheJobStackTM Services.
  4. Digital Millennium Copyright Act. It is TheJobStack.com’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. TheJobStack.com will promptly terminate without notice any user’s access to the TheJobStackTM Services, if that user is determined by TheJobStack.com to be a “repeat infringer.” A repeat infringer is a user who has been notified by TheJobStack.com of infringing activity violations more than twice and/or who has had user submitted Information removed from the TheJobStackTM Services more than twice.

    If any user believes any TheJobStack.com content violates or otherwise infringes upon any of your rights, you are encouraged to contact TheJobStackTM immediately to request that the allegedly offending content (“Offending Content”) to be removed from TheJobStack.com. To make such a request (“Take-Down Request”), you should provide TheJobStackTM designated agent, listed below, with:

    1. the identity of the Offending Content in sufficient detail such that it can be readily located (e.g., “The photograph of available at http://www.TheJobStack.com/item123 ”);
    2. Your name, mailing address, email address, and telephone number; and
    3. the name, user id, email, telephone phone number, and mailing address of the person you believe posted the Offending Content (as available).

    In accordance with the Digital Millennium Copyright Act (“DMCA”), TheJobStackTM has designated a Copyright Agent who is charged with receiving notification of alleged copyright violations, and may accept notification of other offending TheJobStack.com content. If you believe in good faith that material appearing on this website infringes your copyright, provide notification, pursuant to 17 U.S.C. § 512(c)(3)(A), to our Copyright Agent at:

    JobStack Corporate Secretary
    JobStack, Inc.
    42 Pond View Drive
    Red Hook, NY 12571
    Phone: 917-549-4094
    Email: support@thejobstack.com

    Similarly, the DMCA provides that if you, in good faith, believe that a notice of copyright infringement has been wrongfully filed against you, you may send to our Copyright Agent a counter notice, subject to the requirements set forth in 17 U.S.C. § 512(g)(3) (2006).

    Lastly, it should be noted that individuals making misrepresentations made in alleging that material appearing on this website constitutes copyright infringement may be liable for damages pursuant to 17 U.S.C. § 512(f) (2006).

  5. Customer Service; Customer Communications and Notice. Under these Terms, you consent to receive communications from TheJobStackTM electronically. We will communicate with you by email or by posting notices on the TheJobStackTM Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Please email support@TheJobStack.com for further assistance or if you require any additional clarification.
  6. Eligibility. THE TheJobStackTM SERVICES ARE NOT AVAILABLE TO PERSONS UNDER 18 YEARS OF AGE OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE TheJobStackTM SERVICES BY TheJobStackTM. By clicking the \”I Agree\” button or by otherwise subscribing to or using the TheJobStackTM Services you hereby represent, warrant, and affirm that you are at least 18 years of age.
  7. Account Activity Responsibility.
    • User Accounts. In order to use certain aspects of the TheJobStackTM Services, you may have to register and create an account (“User Account”). When creating your account for the TheJobStackTM Services, you agree to provide true, accurate, current, and complete information. You further agree to maintain and update your personal and/or business information as needed to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number), you agree to immediately notify TheJobStackTM. You may be liable for the losses incurred by TheJobStackTM or others due to any unauthorized use of your account.
    • Administrator Accounts. The person who first completes the TheJobStackTM Services registration on behalf of any Subscribing Organization is the initial “Administrator” for purposes of such Subscribing Organization’s use of the TheJobStackTM Services, and exercises certain options to initially determine the level of access, privacy, and security for the TheJobStackTM Services related to the Subscribing Organization (“Administrator Account”). For example, the Administrator will determine who can be a User of the TheJobStackTM Services under the organization associated with that Administrator and Subscribing Organization and the level of permissions that such Users will possess. Each Administrator may designate other Users as additional and/or successor Administrators, and is responsible for confirming that those person(s) accept such responsibility. Upon becoming an Administrator, each person will be deemed to agree to the obligations hereunder. In addition, any person designated as the billing contact in the TheJobStackTM Services billing record for a Subscribing Organization will be deemed to assume the rights and obligations of an Administrator. Administrator Accounts must comply in all respects with Section 7.1 above. ADMINISTRATORS ARE FULLY AND SOLELY RESPONSIBLE FOR ALL ACTIVITY OCCURRING UNDER THE APPLICABLE SUBSCRIBING ORGANIZATION ACCOUNT.
    • Branding. By uploading any brand logo or trademarks to the TheJobStackTM Service, you, as well as any Subscribing Organization you represent, hereby grant to TheJobStackTM Services a limited, non-exclusive, non-transferable license (except as expressly provided herein), with no right to sub-license, to display your branding, logos, and trademarks on the TheJobStackTM Services. Unless otherwise approved in writing by you, TheJobStackTM will not remove, obscure, or alter any such marks incorporated within your account on the TheJobStackTM Services. TheJobStackTM acknowledges that all goodwill generated through TheJobStack’s use of such brand logos or trademarks will inure to your benefit and TheJobStackTM hereby assigns and will assign to you any and all goodwill generated through TheJobStack’s use of such marks, without any payment or other consideration of any kind to TheJobStackTM. Without limiting the foregoing, TheJobStackTM and its designees reserve the right, in their sole and absolute discretion, to remove branding, logos, and trademarks that may violate third-party intellectual property rights.
    • Publicity. During the Term of this Agreement, You (and the Subscribing Organization that you represent) also authorize the TheJobStackTM to reproduce and display Your branding, logos, and trademarks on the TheJobStackTM website for the purpose of identifying You as a customer.
      1. Representations and Warranties: You shall be solely responsible for your own brand logos or trademarks and the consequences of posting or publishing them. In connection with any brand logos or trademarks you publish, you affirm, covenant, represent and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use the brand logos or trademarks uploaded by you as necessary to exercise the licenses granted by you in this Section 7, and otherwise in the manner contemplated by TheJobStackTM and these Terms.
    • Non-Subscriber Information. For non-Subscribing Organizations (who do not create an account with TheJobStackTM), including individuals who refer users to job postings on TheJobStackTM Services (“Referrer”) or individuals who receive referrals from Referrer’s (“Referee”), you acknowledge and agree that your use of the TheJobStackTM Services constitutes your acceptance of the terms set forth herein. When submitting information to TheJobStackTM Services either as a Referrer or a Referee, you agree to provide true, accurate, current, and complete information. You further agree to maintain and update your personal and/or business information as needed to keep it true, accurate, current, and complete.
    • Account Information. You acknowledge and agree that TheJobStackTM may access, preserve and disclose your account information and related contents if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Information violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of TheJobStackTM, its users, or the public.
  8. Payment Terms; Charges and Taxes.
    • You are responsible for paying any applicable fees and applicable taxes associated with the TheJobStackTM Services in a timely manner with a valid payment method. Unless otherwise stated, all fees are quoted in U.S. Dollars. All payments must be made electronically by the methods specified within the TheJobStackTM Services. We do not accept cash or checks. You agree to pay for all services that you purchase through the TheJobStackTM Services, and we may charge your selected payment method for any such fees owed. You are required to keep your billing information current, complete, and accurate (e.g., a change in billing address, credit card number, or expiration date) and to notify TheJobStackTM if your selected payment method is cancelled (e.g., for loss or theft).
    • You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your co-workers, colleagues, team-members, etc.). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the TheJobStackTM Services, including, but not limited to, sales, use, goods-and-services or value-added taxes. To the extent TheJobStackTM is obligated to collect such taxes, the applicable tax will be added to the charges billed to your account.
  9. Referral Fees. A gross referral fee will be set for each open position posted on the TheJobStackTM and will include a surcharge payable to TheJobStackTM within thirty (30) days of the Subscribing Organization hiring a referred individual. The surcharge will be established at the time of registration by TheJobStackTM in its sole discretion. Each Referrer will be aware of the net referral fee which will be associated with each job description. The net referral fee is calculated by subtracting the surcharge from the gross referral fee.TheJobStackTM may, at its sole discretion, from time to time choose to reduce its surcharge for individual postings in order to highlight postings or drive referral traffic. Any reduction in fees for a posting will not affect the fees associated with future postings.
  10. Restrictions. When using the TheJobStackTM Services you agree NOT to:
    • Upload or send to other TheJobStackTM Users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
    • Use the TheJobStackTM Services for any purpose that is unlawful or is otherwise prohibited by these Terms;
    • Use the TheJobStackTM Services for any purpose or in any way which contradicts your current employer’s policies with regards to referrals of current or former employees;
    • Use the TheJobStackTM Services in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the TheJobStackTM Services;
    • Attempt to gain unauthorized access to the TheJobStackTM Services, or any part of them, other accounts, computer systems or networks connected to the TheJobStackTM Services, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the TheJobStackTM Services or any activities conducted on the TheJobStackTM Services;
    • Modify the TheJobStackTM Services in any manner or form, or use modified versions of the TheJobStackTM Services, including (without limitation) for the purpose of obtaining unauthorized access to the TheJobStackTM Services;
    • Use any robot, spider, scraper, or other automated means to access the TheJobStackTM Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the TheJobStackTM Services;
    • Impersonate another person or access another User’s account without that person’s permission or to violate any contractual or fiduciary relationships;
    • Share TheJobStack-issued passwords with any third party or encourage any other User to do so;
    • Collect, store, or distribute any information about any other user other than in the course of the permitted use of the TheJobStackTM Services;
    • Misrepresent the source, identity, or content of Information transmitted via the TheJobStackTM Services;
    • Modify, adapt, translate or create derivative works based upon the TheJobStackTM Services;
    • Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the TheJobStackTM Services, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
    • Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the TheJobStackTM Services to any third party or use the TheJobStackTM Services for any purpose other than your own internal personal or business use or to provide time sharing or similar services for any third party;
    • Remove, circumvent, disable, damage or otherwise interfere with security-related features of the TheJobStackTM Services, features that prevent or restrict use or copying of any content accessible through the TheJobStackTM Services or TheJobStackTM Services, or features that enforce limitations on use of the TheJobStackTM Services or TheJobStackTM Services;
    • Provide contact information or other information that may encourage a user to circumvent or by-pass TheJobStack by directly contacting the posting company;
    • Access the TheJobStackTM Services if you are a direct competitor of TheJobStackTM, except with TheJobStack’s prior written consent, or for any other competitive purposes; or
    Assist any third party in doing any of the foregoing.
  11. Violations; Termination. You agree that TheJobStackTM Services, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with TheJobStackTM. In addition, TheJobStackTM reserves the right to discontinue any aspect of the TheJobStackTM Services at any time, including the right to discontinue the display of any Information. You agree that any termination of your access to the TheJobStackTM Services or any account you may have or portion thereof may be affected without prior notice, and you agree that TheJobStackTM will not be liable to you or any third-party for such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the TheJobStackTM Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies TheJobStackTM may have at law or in equity.
  12. User Provided Information.
    • Definition of User Provided Information; Ownership. TheJobStackTM may now or in the future permit the uploading of Information through the TheJobStackTM Services (“User Provided Information”), and the hosting, sharing, display and/or analysis of such User Provided Information. You understand that whether or not such User Provided Information is displayed, TheJobStackTM does not guarantee any confidentiality with respect to any User Provided Information. Users retain all right, title, and interest in and to all User Provided Information.
    • License Grant to TheJobStackTM. By submitting User Provided Information to TheJobStackTM Services, you hereby grant to TheJobStackTM a worldwide, non-exclusive, assignable, fully paid-up, and royalty-free license to use, display, reproduce, distribute and analyze your User Provided Information within the TheJobStackTM Services in any formats and through any applicable channels for the purposes of providing the applicable features and functionality of the TheJobStackTM Services and improving the way the TheJobStackTM Services work and look, and to create new features and functionality. This license does not grant TheJobStackTM the right to use your User Provided Information for any other commercial purposes.
    • Limited License Grant to other TheJobStackTM Users. By submitting User Provided Information to TheJobStackTM Services, in cases where you display your User Provided Information for other Users to view or when you directly exchange or otherwise provide your User Provided Information to other Users as permitted by certain TheJobStackTM Services functionality and these Terms, you hereby grant to such Users of the TheJobStackTM Services a non-exclusive license to use, display, and reproduce such User Provided Information as necessary for such Users to use the relevant TheJobStackTM Services functionality or features.
    • License Termination. The foregoing licenses granted by you terminate as to specific User Provided Information once you remove or delete such User Provided Information from the TheJobStackTM Services; except for TheJobStack’s right to use such Information in aggregate form to improve the way the TheJobStackTM Services work and look, and to create new features and functionality. In order to delete such User Provided Information from the TheJobStackTM Services, you must contact the TheJobStackTM via email at support@TheJobStack.com and make such a request.
    • Required Rights. You shall be solely responsible for your own User Provided Information and the consequences of posting or publishing it. In connection with User Provided Information, you affirm, covenant, represent and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use and to authorize TheJobStackTM and TheJobStack’s Users to use the User Provided Information uploaded by you as necessary to exercise the licenses granted by you in this Section 12, and otherwise in the manner contemplated by TheJobStackTM and these Terms.
    • User Provided Information Representations. In connection with User Provided Information, you further agree that you will not: (i) submit material that is copyrighted, protected by patents or trade secrets or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the Information and to grant TheJobStackTM all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage TheJobStackTM or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business without the prior written consent of TheJobStackTM; or (v) impersonate another person.
    • User Provided Information Disclaimer. You understand that when using TheJobStackTM Services you will be exposed to User Provided Information from a variety of sources, and that TheJobStackTM is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Provided Information. You further understand and acknowledge that you may be exposed to User Provided Information that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TheJobStackTM with respect thereto, and agree to indemnify and hold TheJobStackTM, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of User Provided Information. TheJobStackTM does not endorse any User Provided Information or any opinion, recommendation or advice expressed therein or based upon such User Provided Information, and TheJobStackTM expressly disclaims any and all liability in connection with User Provided Information. If notified by a User or a content owner of User Provided Information that allegedly does not conform to these Terms, TheJobStackTM may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Provided Information, which it reserves the right to do at any time. TheJobStackTM does not permit copyright infringing activities on TheJobStackTM Services.
  13. Ownership; Proprietary Rights. The TheJobStackTM Services are owned and operated by TheJobStackTM. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the TheJobStackTM Services provided by TheJobStackTM, but expressly excluding any of the foregoing owned or licensed by and posted to the TheJobStackTM Services at the direction of Users (including without limitation User Provided Information) (“Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any technology licensed by TheJobStackTM, which is owned by and provided by our third-party licensors, all Materials contained in the TheJobStackTM Services are the property of TheJobStackTM or its subsidiaries or affiliated companies. All trademarks, service marks, and trade names are proprietary to TheJobStackTM or its affiliates and/or third-party licensors. Except as expressly authorized by TheJobStackTM, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
  14. Third-Party Sites, Third-party Information.
    • The TheJobStackTM Services may call the servers of other web sites or services solely at the direction of and as a convenience to Users (“Third-party Sites”). TheJobStackTM makes no express or implied warranties with regard to the Information, or other material, products, or services that are contained on or accessible through Third-party Sites. Access and use of THIRD-PARTY sites, including the information, material, products, and services on such sites or available through such sites, is solely at your own risk.
    • YOU ACKNOWLEDGE THAT TheJobStackTM DOES NOT MANAGE OR CONTROL THE SUBSCRIBER OR NON-SUBSCRIBER PROVIDED INFORMATION THAT YOU ACCESS, STORE OR DISTRIBUTE THROUGH THE TheJobStackTM SERVICES, AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THAT INFORMATION REGARDLESS OF WHETHER SUCH SUBSCRIBER PROVIDED INFORMATION IS TRANSMITTED TO OR BY YOU IN BREACH OF THESE TERMS. TheJobStackTM MAKES NO WARRANTY WITH RESPECT TO SUCH SUBSCRIBER OR NON-SUBSCRIBER PROVIDED INFORMATION YOU MAY ACCESS, STORE OR DISTRIBUTE THROUGH THE TheJobStackTM SERVICES. IN PARTICULAR, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TheJobStackTM MAKES NO WARRANTY THAT SUCH SUBSCRIBER OR NON-SUBSCRIBER PROVIDED INFORMATION WILL BE FREE OF ANY VIRUS, WORM, TROJAN HORSE, EASTER EGG, TIME BOMB, CANCELBOT, OR OTHER DESTRUCTIVE OR MALICIOUS CODE OR PROGRAMS. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TheJobStackTM with respect TO THIRD-PARTY AND/OR SUBSCRIBER PROVIDED INFORMATION THAT YOU CHOOSE TO ACCESS, STORE OR DISTRIBUTE, THROUGH THE TheJobStackTM SERVICES.
  15. Disclaimers; No Warranties. THE TheJobStackTM SERVICES AND ANY THIRD-PARTY OR SUBSCRIBER OR NON-SUBSCRIBER PROVIDED INFORMATION, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH TheJobStackTM SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TheJobStackTM, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

    TheJobStackTM, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN TheJobStackTM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE (INCLUDING WITHOUT LIMITATION ANY FORECASTS OR PREDICTIONS RELATED TO THE PROJECT MANAGEMENT FUNCTIONALITY AND BASED UPON SUBSCRIBER PROVIDED INFORMATION THEREIN), THAT THE TheJobStackTM SERVICES WILL MEET YOUR REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT TheJobStackTM SERVICES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    TheJobStackTM, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF TheJobStackTM SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TheJobStackTM NOR ITS SUPPLIERS, LICENSOR OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THIRD-PARTY OR SUBSCRIBER OR NON-SUBSCRIBER PROVIDED INFORMATION, MATERIAL, OR DATA THROUGH THE USE OF TheJobStackTM SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH THIRD-PARTY OR SUBSCRIBER PROVIDED INFORMATION, MATERIAL, OR DATA. TheJobStackTM WILL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS, OR FAILURE TO STORE OR MAINTAIN ANY THIRD-PARTY OR SUBSCRIBER OR NON-SUBSCRIBER PROVIDED INFORMATION.

    CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  16. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL TheJobStackTM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSSES OR LIABILITY RESULTING FROM LOSS OF DATA, LOSS OF REVENUE, ANTICIPATED PROFITS, OR LOSS OF BUSINESS OPPORTUNITY) THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE INFORMATION OR MATERIALS ON TheJobStackTM SERVICES, OR ANY OTHER INTERACTIONS WITH TheJobStackTM, EVEN IF TheJobStackTM OR A TheJobStackTM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THEJOBSTACK’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

    IN NO EVENT WILL TheJobStackTM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF TheJobStackTM SERVICES, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER TheJobStackTM SERVICES MEMBERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING TheJobStackTM SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

    YOU ACKNOWLEDGE AND AGREE THAT TheJobStackTM HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES (INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS), AND THAT THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TheJobStackTM.

  17. Consumer End Users (Outside of the U.S.A.). The limitations or exclusions of warranties and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer,i.e., a person acquiring goods for solely personal use otherwise than in the course of a business outside of the U.S.A. The limitations or exclusions of warranties, remedies or liability contained in these Terms apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
  18. Indemnification; Hold Harmless. You will indemnify, save, and hold TheJobStackTM, its officers, investors, directors, employees, shareholders, agents, licensors and subcontractors, harmless from and against any and all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with any claims, actions or proceedings brought against TheJobStackTM or its officers, directors, investors, employees, shareholders, agents, licensors and subcontractors that may arise from your breach of these Terms or from any use which you or your Subscribing Organization make of the TheJobStackTM Services. TheJobStackTM will have the right to control the defense, settlement, adjustment or compromise of any such claims, actions or proceedings by using counsel selected by TheJobStackTM. TheJobStackTM will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same. Without limiting the generality of the foregoing, you agree that the indemnity provided in this section will include and apply to any liabilities, losses, damages, costs and expenses arising from any third-party or User Provided Information you use or transmit to others using the TheJobStackTM Services.
  19. Miscellaneous.
    • Notice. TheJobStackTM may provide you with notices, including those regarding changes to TheJobStack’s terms and conditions, by email, regular mail or postings on the TheJobStackTM Services. Notice will be deemed given twenty-four hours after email is sent, unless TheJobStackTM is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the TheJobStackTM Services. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the TheJobStackTM Services is deemed given 30 days following the initial posting.
    • Waiver. The failure of TheJobStackTM to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by TheJobStackTM.
    • Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law.
    • Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms of TheJobStackTM will be filed only in the state or federal courts in and for Cook County, Illinois, USA and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
    • Severability. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
    • Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TheJobStackTM without restriction.
    • Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, shall survive such termination or expiration, including, but not limited to, Sections 1, 3, 6, 7, and 10 through 19 herein.
    • Headings. The heading referenced herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
    • Entire Agreement. This is the entire agreement between you and TheJobStackTM relating to the subject matter herein and will not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by TheJobStackTM as set forth in Section 3 above.
    • Claims. YOU AND TheJobStackTM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TheJobStackTM SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
    • Disclosures. The services hereunder are offered by JobStack, Inc., 42 Pond View Drive, Red Hook, NY 12571 and email: support@TheJobStack.com. If you are a Illinois resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
    • Referrer Payments. TheJobStackTM will serve as the clearing house for all payments to the designated Referrer for a hired candidate or a self-referred candidate independent of the origin of the brand once the following conditions are met:
      1. Confirmation from the Subscribing Organization that the individual is the Referrer of the candidate that was hired;
      2. Receipt of payment by TheJobStackTM of the gross referral fee for the hired candidate by the Subscribing Organization which is typically paid 30 days after date of hire;
      3. Completion of the Referrer profile which includes uploading a completed IRS Form W-9 to our secure server.
      Payments of the posted referral fee for the position will be made to the qualified Referrer or Self-Referred candidate by TheJobStackTM via Paypal.