Employers

TERMS OF USE

 

These Terms of Use (the “Terms”) govern the use by all Users, which shall be limited to potential employees and/or potential employers, of this site and the services offered hereunder (the “Services”).  These Terms also include the Goodwill.jobs Privacy Notice, incorporated herein by reference. Goodwill.jobs reserves the right to amend these Terms from time to time and the User should periodically review such Terms for any updates thereto.

 

1.              Binding Agreement.  These Terms constitute a binding agreement between the User and Goodwill.jobs, and all affiliates, parent companies, and subsidiaries thereof (collectively referred to herein as “Goodwill.jobs”) and are deemed as accepted by the User’s use of the Services each and every time the User accesses the Services.  If you do not accept these Terms, then you should not and may not use the Services.  

 

2.              Definitions.  The following definitions are used herein and apply to the Terms of Use:

 

“Content” means all content on this site, including without limitation, the compilation and display of any content, text, including editorial, navigational or instructional text, graphics, logos, buttons, photographs, drawings, images, design, layout, code, programming, methodologies, processes or compilations utilized, and/or any other intellectual property utilized on the site.  Notwithstanding the foregoing, “Content” does not include any Employer Materials, Job Seeker Materials, or paid advertising banners.

“Employer” means any entity or person accessing the Site to post a position and/or for any purposes in seeking candidates for a position.

“Employer Materials” means any content, including attachments and links, posted or uploaded by an Employer to the Site.

“Goodwill.jobs” means the Goodwill.jobs Site, as well as the administration of the Site by Goodwill of Southern Nevada, Inc.

“Job Seeker” means an individual who is accessing the site in the furtherance of seeking employment.

“Job Seeker Materials” means any content, including attachments, posted or uploaded by a Job Seeker to the Site.

“Paid Advertising Banners” means any third party advertising posted on the Site.

“Services” means any services provided by Goodwill.jobs on the Site.

“Site” means www.Goodwill.jobs.

“User” means any person or entity accessing the Site, including without limitation, Job Seekers and Employers.

 

3.              General Use of Services and Content.  The Site is intended for the purpose for Job Seekers to locate potential employment opportunities and Employers to locate Job Seekers. Users must be at least 13 years of age to visit and/or use the Site in any manner whatsoever.  If older then the age of 13, but under the age of 18, or any other age of majority in the User’s jurisdiction, then such User must only use the Site and Services under the supervision of a parent, legal guardian or other responsible adult. 

Users are authorized to use and access the Site subject to these Terms of Use.  Use of the Site is further subject to any contracts Users enter into with Goodwill.jobs in regard to use and to the extent there is any conflict between these Terms and Conditions and any contract entered with Goodwill.jobs, the terms of the contract will control.  Such use may not be resold or assigned. 

 

The Content is the sole and exclusive property of Goodwill.jobs, is protected by copyright, trademark and/or other applicable legal protections, and may not be reproduced, sold, modified, displayed, distributed or otherwise be used or misused for any commercial purpose outside of the Services without the express written consent of Goodwill.jobs.  Further, the Content may not be used on any other website, advertising, marketing materials, or any other document without first obtaining the express written permission from Goodwill.jobs.  Any unauthorized use of the Content is strictly prohibited, may be a violation of applicable laws, and Goodwill.jobs reserves all rights and remedies, including legal and equitable remedies, against any violator for any unauthorized use of the Site, Content and/or Services.

 

The Site may not be used for any other commercial purposes other than those set forth herein.  The Site may not be used to determine a consumer’s eligibility for credit or insurance, eligibility for employment, or eligibility for any license or benefits.  Users further agree to not:

 

a.              Use any data mining, robots or similar data gathering or data extraction methods in regard to any Content, Job Seeker Materials, or Employer Materials on the Site;

b.              Use the Site for any act which is in violation of any applicable laws, including without limitation, any laws governing the collection, processing, transfer or use of any personally identifiable information;

c.              Violate or attempt to violate any security measures utilized on the Site;

d.              Reverse engineer or decompile any parts of the Site;

e.              Delete, Copy, duplicate, aggregate, alter or otherwise interfere any Content, Job Seeker Materials, or Employer Materials on the Site which does not belong to the User;

f.               Use any tool or method to navigate the Site other than those tools and methods offered on the Site;

g.              Access data or information to which the User is not intended to have access;

h.              Solicit other passwords or other personally identifiable information or send unsolicited mail, email, text messages, or make unsolicited telephone calls or any other contact with another User after request from Users not to do so;

i.               Upload any content or material which is false, misleading or promotes illegal activity;

j.               Upload any Job Seeker Materials on behalf of any third parties;

k.              Harass, defame, and/or threaten any other User; or

l.               Use the Site for any other unlawful or illegal purpose.

 

Goodwill.jobs reserves the right, at its sole and exclusive discretion, to pursue all of its legal remedies, including but not limited to removal any Job Seeker Materials or Employer Materials from the Site and/or to terminate or restrict the use of the Site or Services by any User. 

 

4.         Job Seekers and Job Seeker Materials.  Job Seekers are granted a limited, terminable, non-exclusive right to access and use the Site and Services for the sole purposes of personal use and in seeking employment opportunities. This grant authorizes the Job Seeker to view and download a single copy of any Employer Materials on the Site solely for his or her personal, noncommercial use.  Job Seekers agree that they are solely responsible for the content of any Job Seeker Materials posted by them to the Site and any consequences arising from such posting. Job Seekers maintain all ownership rights in uploaded Job Seeker Materials, such materials remain the sole responsibility of the Job Seeker, and Goodwill.jobs does not claim any ownership or control over such materials. 

 

Job Seekers represent, warrant and covenant that any Job Seeker Materials provided by Job Seeker for use in connection with the Services does not and 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. Job Seeker hereby grants Goodwill.jobs a non-exclusive, worldwide, royalty-free license to use the Job Seeker Materials in conjunction with the Site and Services.

 

In addition to the restrictions provided in section 3 herein, Job Seekers further agree:

 

a.              Only one account and profile may be used, and only one active resume may be posted, by a Job Seeker at any given time;

b.              Any Job Seeker Materials must be truthful and accurate and describe the Job Seeker, and must not include any false information, including without limitation, about any biographical information, education or employment experience, licenses, credentials, or any other information posted or uploaded to the Site;

c.              Job Seeker Materials must not include any sensitive personal information, including without limitation, social security number or other national or state identification number, any medical or health information, financial information, or similarly situated sensitive personal information a Job Seeker would not otherwise desire to have made public;

d.              Job Seeker Materials may not be explicitly or implicitly offensive, racist, sexist, discriminatory, or otherwise constitute any form of hate speech; and/or

e.              Job Seeker Materials may not impersonate another person, living or dead.

 

Goodwill.jobs reserves the right, in its sole and absolute discretion, to refuse to post or display any Job Seeker Materials and to delete any Job Seeker Materials it believes to be in violation, including in spirit and intent, of these Terms of Use.

 

Job Seekers are responsible for maintaining the confidentiality of their passwords to access their profiles and shall not otherwise share such passwords with any third parties.  If a Job Seeker believes their account or password has been compromised or used without authorization, then the Job Seeker should immediately notify Goodwill.jobs.

 

Job Seekers shall have no ownership rights in their accounts and if such account is terminated and/or after a substantial duration of inactivity, Goodwill.jobs may delete all Job Seeker Materials from public view and may be deleted in their entirety, though such removal and/or deletion may take time to complete.  Notwithstanding the foregoing, Job Seekers acknowledge that Employers or other third parties may have downloaded or copied Job Seeker Materials and that such information may be retained.

 

5.         Employers and Employer Materials.  Employers are granted a limited, terminable, non-exclusive right to access and use the Site and Services for the sole purposes of the Employer seeking candidates for employment.  This authorizes Employers to view and download a single copy of Job Seeker Materials on the Site solely for the Employer’s own use in searching for and recruiting job prospects for the Employer.  Employers agree that they are solely responsible for the content of any Employer Materials posted by them to the Site and any consequences arising from such posting.  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, data protection laws, and defamation laws. Employer grants Goodwill.jobs a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer's website in connection with the Services.  Employers are further subject to any terms and conditions contained in the Services Agreement entered between it and Goodwill.jobs.

 

In addition to the restrictions provided in section 3 herein, Employers further agree they may not:

 

a.              Post any job, except as otherwise allowed by applicable law, which requires the Job Seeker to provide information relating to race/ethnicity, political beliefs, philosophical or religious beliefs, membership of a trade union, physical or mental health, sexual life, the commission of any criminal offense or proceedings, or age;

b.              Post any job in a manner which violates any applicable local, state, federal or international law to the Employer, including without limitation, employment laws, labor laws, data information and privacy laws, consumer protection laws, and intellectual property laws;

c.              Post jobs in a manner which require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required by applicable law;

d.              Post jobs which entail any criteria or screening where such criterion or screening is not otherwise a legal requirement of the job.

e.              Sell, market, advertise, or promote any products or services on the Site;

f.               Post any franchise opportunity, distributorship opportunity, multi-level marketing opportunity, or sales representative agency arrangement;

g.              Post any job which requires any payment by the prospective Job Seeker;

h.              Post any job which requires the recruitment of other members, sub-distributors or sub-agents or involves any pyramid scheme;

i.               Post any job that only pays a commission unless such posting clearly states that compensation is commissions only and identifies the type of product or service the Job Seeker would be selling;

j.               Post a job which does not represent a bona fide employment opportunity;

k.              Post any job involving modeling, acting, talent, entertainment, sexual services, the donation of human parts, including without limitation, reproductive services and surrogacy, or which otherwise violate Goodwill’s spirit and goals;

l.               Post a job which endorses a particular political party, political agenda, or political issue; and/or

m.            Post a job which endorses a particular religion or philosophical belief.

 

Goodwill.jobs reserves the right, in its sole and absolute discretion, to refuse to post or display any Employer Materials and to delete any Employer Materials it believes to be in violation, including in spirit and intent, of these Terms of Use.

 

6.         Privacy Policy.  Goodwill.jobs values the privacy of its Users and has adopted a Privacy Policy regarding the processing of any personal information.  The current Privacy Policy is located atwww.goodwill.jobs/privacypolicy and all provisions contained therein are incorporated into these Terms of Use. 

 

7.         Disclaimer of Warranty, Consequential Damages and Limitation of Liability.  Goodwill.jobs neither expressly, nor impliedly, and to the full extent allowed by applicable laws, warrants or guarantees any use of the Site, and expressly disclaims any warranty or guarantee as to the accuracy of any Content, Employer Materials and/or Job Seeker Materials, that the Services will operate without error, or that the Site is free of any computer viruses or other harmful content.  Goodwill.jobs further does not endorse any Employer or Job Seeker in regard to the content posted or uploaded to the Site.  To the fullest extent allowed by applicable law, Goodwill.jobs shall not be liable for any damages to any User, including without limitation, incidental damages, consequential damages, lost profits, damages arising from any lost data, damages relating to any interruption of business, lost employment opportunity, and/or the inability to use the Services, whether based in contract, tort, equity, or any other legal theory, including whether or not Goodwill.jobs has been advised of the potential for any such claimed damages.  Goodwill.jobs may also experience service interruptions and downtime, including for its own servicing and updating of the Site.  When related to service, Goodwill.jobs will endeavor to complete such servicing during what it deems in its reasonable discretion to be optimum time and to minimize interruption to the Site and Users.  DESPITE THE FOREGOING AND TO THE EXTENT THAT GOODWILL.JOBS IS FOUND LIABLE FOR ANY DAMAGES ARISING UNDER ANY CAUSE OF ACTION OR CLAIM, AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, GOODWILL.JOB’S LIABILITY SHALL NOT EXCEED $250.00 TO ANY JOB SEEKER OR THE COST OF SERVICES PAID BY ANY EMPLOYER.  If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

 

8.         IndemnityUsers agree to defend, indemnify, and hold harmless Goodwill.jobs, its respective officers, directors, employees and agents, from and against any claims, actions, demands, damages, attorney’s fees and costs, arising from (i) any Job Seeker Materials any Job Seeker posts or uploads to the Site, (ii) any Employer Materials any Employer posts or uploads to the Site, (iii) any User’s use of any Content, and/or (iv) any User’s breach of these Terms of Use. Goodwill.jobs will make all reasonable efforts to notify the User of any claims, actions or demands brought against it and to reasonably assist the User in providing any information it maintains in regard to such claims, actions or demands.

 

9.         Waiver.  No waiver of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature.  Goodwill.jobs’ failure to enforce any term of these Terms of Use shall not be deemed as a waiver of such term or otherwise affect Goodwill.jobs’ ability to enforce such term at any point in the future.

 

10.       Intellectual Property Policy and Notification of Claimed Copyright or Trademark Infringement.  Goodwill.jobs respects the trademarks, copyrights and/or other intellectual property of others and expects that all Users of Goodwill.jobs will do the same.  Accordingly, the unauthorized use of any intellectual property belonging to another without express permission is expressly prohibited.  If any person or entity believes that any content uploaded on Goodwill.jobs violates and/or infringes on any copyright or trademark, then please send an email to Legal@goodwill.jobs or by regular mail to:

 

            Goodwill of Southern Nevada

            Attn: Goodwill.jobs – Legal

            1280 West Cheyenne Avenue

            Las Vegas, Nevada 89030

            United States of America

 

Upon receipt of such notice and/or upon discovery of any infringement by Goodwill.jobs, Goodwill.jobs expressly reserves the right, in its sole and absolute discretion, to remove any materials it believes constitutes infringement of another person’s or entity’s intellectual property rights.  Repeat offenders may be blocked by Goodwill.jobs.  Such takedown may occur with or without notice, and without any liability from Goodwill.jobs to the User, though Goodwill.jobs will endeavor to notify the impacted User. In the event any material is taken down or a User has been blocked, and the User believes that such action has wrongfully been taken by Goodwill.jobs, then please contact Goodwill.jobs as set forth above.

 

11.       Choice of Law and Forum.  These Terms are governed by the internal substantive laws of the State of Nevada, without respect to any conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Clark County, Nevada.

 

12.       Notices.  Any notices to Goodwill.jobs should be emailed to Legal@goodwill.jobs and/or delivered by first class mail to:

 

Goodwill of Southern Nevada.

            Attn: Goodwill.jobs – Legal

            1280 West Cheyenne Avenue

            Las Vegas, Nevada 89030

            United States of America

 

13.       Savings Clause.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

 

14.       Use of the Site through Mobile Services.  Use of the Site through a mobile device will may result in the transmission of information to Goodwill.jobs regarding the User’s mobile device, carrier, and your physical location.  Further, use of the Site may also result in information and data being displayed on the User’s mobile device.  By accessing the Site, Users agree and acknowledge that they have authority to utilize the mobile device and are responsible for all charges associates with accessing the Site. Further, Users agree that any contact information with Goodwill.jobs will be updated should the number associated with the mobile device be changed or deactivated, as otherwise information may continue to be transmitted by Goodwill.jobs to the mobile device.

 

15.       Use of the Site or Services Outside of the United States.  Use of the Site and Services is limited to those Users located in the United States.  Notwithstanding the foregoing, Goodwill.jobs makes no claims or representations whether the Site may be lawfully viewed or accessed outside of the United States. Use of the Site may not be legal by certain persons or in certain countries. Any access to the Site is done so at the User’s own risk and Users are responsible for compliance with the laws of their jurisdiction. Any software downloaded from the Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, User represents, warrants, and otherwise agrees that he, she or it is not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.

 

16.       Captions not Controlling.  The captions appearing in these Terms of Use are descriptive only and for convenience in reference throughout these Terms of Use, and shall not define, limit or describe the scope or intent of these Terms of Use, nor in any way effect these Terms of Use.

 

17.       Term, Amendment and Termination.  These Terms of Use shall remain in full force and effect and apply to all use of the Site and Services. Goodwill.jobs reserves the right to amend these Terms and Conditions and may do so by updating and revising this page.  Any revisions will be binding upon Users upon the stated effective date at the bottom of this page and Users consent to such Terms and Conditions by their continued use of the Site after such date.  If Users do not consent to such revisions, then Users shall not utilize the Site.  Certain provisions of these Terms of Use will remain in effect after the discontinued use or termination of use, expressly including, but without limitation, sections 7 and 8. 

 

These Terms of Use are effective May 1, 2015.