Website Terms of Use Agreement

EFFECTIVE: December 20, 2022

These Website Terms of Use Agreement (“Terms of Use”) apply to the www.jobboard.io website  (the “Website“). Please read these  Terms of Use carefully before using the Website. The Terms of Use constitute a legally binding agreement between you and ZipRecruiter, Inc. (“ZipRecruiter”, “we”, “our”, or “us”), and govern your access to, and use of, the Website including any content, functionality, and services offered on or through our Website (collectively, the “Platform”).

If you have an online subscription to our hosted job board solution (whether as a paying customer or if you are on a free trial), you will also be subject to our JBIO Master Services Agreement (“MSA”). Any capitalized but undefined terms used herein shall have the meaning given to them under the MSA. 

ACCEPTANCE OF THE TERMS

By using the Website or by checking the box or clicking to accept or agree to the Terms of Use, when this option is made available to you, you signify that you have read, understood, and agree to be bound by these Terms of Use, which incorporate our Privacy Policy, Cookie Policy, and, where applicable, the JBIO Master Services Agreement (collectively, the “Platform Terms”). If you do not want to agree to these Terms of Use, you must not access or use the Website or our Services. By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with ZipRecruiter and meet all of the foregoing eligibility requirements. If you are agreeing to these Terms of Use for use of the Website by an organization, you are agreeing on behalf of that organization. You must have the authority to bind that organization to these Terms of Use. If you do not meet all of the foregoing requirements, you must not access or use the Website.

SECTION 17 OF THESE TERMS OF USE INCLUDES A MANDATORY AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE WEBSITE, TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT, UNLESS YOU VALIDLY ELECT TO OPT OUT OF SUCH PROVISION PURSUANT TO SECTION 17. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. DO NOT ACCESS OR USE ANY PORTION OF THE WEBSITE IF YOU DO NOT AGREE TO THESE TERMS OF USE IN THEIR ENTIRETY.

TABLE OF CONTENTS

1. Use of the Website
2. Use of the Website and Account Set-Up and Security
3. Intellectual Property Rights and Ownership
4. Conditions of Use and User Submissions and User Content Standards
5. User Submissions; Grant of License
6. Website Monitoring and Enforcement, Suspension and Termination
7. No Reliance
8. Privacy and Cookies
9. Third Party Websites
10. Additional Terms Applicable to Use of Hosted Job Board Services
11. Website and Services
12. Modifications to the Terms of Use
13. Infringing Content
14. Disclaimer of Warranties
15. Limitation of Liability
16. Indemnification
17. Agreement to Arbitrate
18. General
19. How to Contact Us

1. USE OF THE WEBSITE

A. Eligibility

You must be at least eighteen (18) years of age or the age of majority in the jurisdiction in which you reside to use the Website, so that you can form a binding contract with ZipRecruiter. If you are under the age of eighteen (18) or the age of majority, and you are permitted to work in the jurisdiction in which you reside, you represent that a parent or legal guardian has reviewed and agrees to these Terms of Use on your behalf. You may not use the Website if your use of the Website has been previously terminated or suspended by ZipRecruiter, unless we have provided you with specific written authorization to re-use the Website.

B. Communications with You by Email

By providing ZipRecruiter your email address, you consent to ZipRecruiter using the email address to send you Website-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Website and special offers (to the extent permitted by the laws of the jurisdiction where you reside). If you do not want to receive such email messages, you may opt out or change your preferences in your account page (for Customers) or by following the opt-out and/or unsubscribe instructions in the email message. You can also contact [email protected]. Note: Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

C. Communications with You by Telephone

On the Website, we may ask for your consent to contact you by telephone. By granting such consent, you authorize ZipRecruiter to contact you by telephone at the number(s) you have provided, and acknowledge that ZipRecruiter may do so using an automatic telephone dialing system or an artificial or prerecorded voice (to the extent permitted by the laws of the jurisdiction where you reside).  You may revoke consent to be contacted by telephone by emailing [email protected] and including the wording “Revocation of Telephone Consent – Jobboard.io” in the subject line. Consent to being contacted by telephone is not required as a condition of using the Website or of purchasing any other property, goods, or services from ZipRecruiter.

You agree that we may, but are not obligated to, monitor or record any of your telephone conversations with us for quality control purposes, for training our employees and for our own protection. You acknowledge that not all telephone lines or calls are recorded by us and that we do not guarantee that recordings of any particular telephone calls will be retained or are capable of being retrieved.

D. General Rules for Use of the Website

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Website in a manner that sends more request messages to the ZipRecruiter servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that ZipRecruiter grants the operators of public search engines revocable permission to use spiders to copy materials from ZipRecruiter.com for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited communications; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (v) taking any action that imposes, or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Website; (vii) collecting or harvesting any personally identifiable information from the Website, except as expressly permitted by certain features of the Website; (viii) using the Website for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Website; (xi) accessing any content on the Website through any technology or means other than those provided or authorized by the Website; (xii) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein; (xiii) disclosing or sharing login credentials; (xiv) reverse engineering or decompiling any parts of the Website; (xv) frame or link to any information or content on the Website; (xvi) post or submit any inaccurate, incomplete, or false biographical information or another person’s information; or (xvii) post or submit any material that is unlawful, illegal, defamatory, offensive, discriminatory, threatening, or obscene as determined by ZipRecruiter.

We may, without prior notice, change any aspect of the Website; stop providing the Website or features of the Website; or create usage limits for the Website (for paid products and services). We may permanently or temporarily limit, condition, terminate or suspend your access to the Website or any features thereof, including if in our sole determination you breach or violate any provision of these Terms of Use, commit fraud or other abuse using the Website.

You are solely responsible for your interactions with other Website users (“Users”). We reserve the right, but have no obligation, to monitor disputes between you and other Users. ZipRecruiter shall have no liability for your interactions with other Users, or for any User’s action or inaction. ZipRecruiter shall have no obligation to you to enforce these Terms of Use against any other User.

2. YOUR USE OF THE WEBSITE

Users are responsible for obtaining their own access to the Website . Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms of Use and comply with them. 

The Website including content or areas of the Website may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

Your provision of registration information and any submissions you make to the Website through any functionality such as applications, chat rooms, e-mail, message boards, personal or interest group web pages, profiles, forums, bulletin boards and other such functions (collectively, “Interactive Functions“) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

Any username, password, or any other piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use. You are prohibited from attempting to circumvent and from violating the security of this Website including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restrict disrupt or disable service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attack the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempt to interfere with the proper working of the Website. 

3. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

You understand and agree that the Website and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by ZipRecruiter, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The ZipRecruiter name, the jobboard.io name, and all related names, logos, product and service names, designs, images and slogans are trademarks of ZipRecruiter or its affiliates or licensors. You must not use such marks without the prior written permission of ZipRecruiter. Other names, logos, product and service names, designs, images and slogans which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.

You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except: (a) your computer and browser may temporarily store or cache copies of materials being accessed and viewed; (b) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; (c) one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user license agreement for such downloads; and (d) in the event social media features are provided with respect to certain content are on our site, you may take such actions as our site permits for such features.

Users are not permitted to modify copies of any materials from this site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by ZipRecruiter.

4. CONDITIONS OF USE AND USER SUBMISSIONS AND SITE CONTENT STANDARDS

You may use the Website only for lawful purposes and in accordance with these Terms of Use.

The following content standards apply to all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit“) to the Website, to other users or other persons (collectively, “User Submissions”) and any and all Interactive Functions. User Submissions must comply with all applicable federal, state, local, and international laws and regulations.

Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not: (a) violate any applicable federal, state, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy; (b) include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable; (c) involve, provide or contribute any false, inaccurate or misleading information; (d) include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the User Submissions and the User Content Standards; (e) impersonate or attempt to impersonate ZipRecruiter, a ZipRecruiter employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing); (f) transmit, or procure the sending of, any advertisements or promotions, commercial activities or sales, including without limitation any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation; or (g) include engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm ZipRecruiter or users of the Website or expose them to liability or give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

5. USER SUBMISSIONS; GRANT OF LICENSE

The Website may contain Interactive Functions allowing User Submissions on or through the Website. No User Submission to the Website will be subject to any confidentiality by ZipRecruiter. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms of Use. You represent and warrant that all User Submissions comply with applicable laws and the User Submissions and the User Content Standards. You understand and agree that you, not ZipRecruiter, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable including to any third party for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.

6. WEBSITE MONITORING AND ENFORCEMENT, SUSPENSION AND TERMINATION

ZipRecruiter has the right, without provision of notice to: (a) remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion; (b) to take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion; (c) take legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website; and (d) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use. YOU WAIVE AND HOLD HARMLESS ZIPRECRUITER FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY ZIPRECRUITER RELATING TO ANY, INVESTIGATIONS BY EITHER ZIPRECRUITER OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the Website, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

Please note Section 230 of the U.S. Communications Decency Act (“CDA”) (and the equivalent or similar laws in your jurisdiction), which are intended to exclude or limit the liability of online service providers such as ZipRecruiter, which provide or make available access to third-party user generated content (see § 230 (c)(1) which states: 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).

The decision by ZipRecruiter to remove or not post or distribute any User Submission, does not by itself amount to participation in the creation of such User Content and accordingly, does not constitute a waiver of the immunity afforded by the CDA. Additionally, § 230 (c)(2) of the CDA specifically provides: “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…”

7. NO RELIANCE

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. Your use of the Website is at your own risk and ZipRecruiter has no responsibility or liability whatsoever for your use of this Website. The Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by ZipRecruiter, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of ZipRecruiter. We are not responsible, or liable to you or any third-party, for the content or accuracy of any third-party materials.

8. PRIVACY AND COOKIES

For information as to how we handle personal data provided to us through the Website, please review our Privacy Policy.

By using this Website, and where permitted by applicable laws in the country from which you access and use the Website, you consent to the use of cookies. For more information about the types of cookies and tracking technologies used and why we use them, and how you can control these, please review our Cookie Policy.

9. THIRD PARTY LINKS AND SERVICES

The Website may contain links to third-party websites, advertisers, products, services, or other events or activities that are not owned or controlled by ZipRecruiter (collectively, “Third-Party(ies)”). ZipRecruiter does not endorse or assume any responsibility for any such Third-Party sites, information, materials, products, or services. If you access a Third-Party website from the Website or use a Third-Party service, you do so at your own risk, and you understand that these Terms of Use and the Privacy Policy do not apply to your use of such Third-Party sites or services. You expressly relieve ZipRecruiter from any and all liability arising from your use of any Third-Party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that ZipRecruiter shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Our Website must not be framed on any other website, nor may you create a link to any part of our Website without our express written permission. We reserve the right to withdraw linking permission without notice. The Website in which you are linking must comply in all respects with the Conditions of Use and User Submissions and Site Content Standards provision above. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

10. ADDITIONAL TERMS APPLICABLE TO USE OF HOSTED JOB BOARD SERVICES

All orders or transactions for subscriptions and other services related to our Services made using this Website are subject to the MSA, which form part of these Terms of Use.

Certain features of the Website or any Services may also have their own specific terms that you agree to when you sign up for that particular product, function, or service through an electronic or paper contract (“Additional Terms of Service“). The Additional Terms of Service supplement these Terms of Use, but if any term of these Terms of Use expressly conflict with any term of an Additional Terms of Service, the conflicting term in the Additional Terms of Service will control but only with respect to the applicable product, function or service.

11. WEBSITE CHANGES

We may, without prior notice, change any aspect of the Website; stop providing the Website or any features of the Website, or services offered therein.

12. MODIFICATIONS TO THE TERMS OF USE

We reserve the right in our sole discretion to revise and update these Terms of Use from time to time. Any and all such modifications are effective immediately upon posting (except where otherwise provided) and apply to all access to and continued use of the Website. You agree to periodically review the Terms of Use in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on this Website, and the Website may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is restricted to users or unavailable at any time or for any period.

13. INFRINGING CONTENT

A. DMCA Notice Procedure

ZipRecruiter will respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Website or the Services, please notify the ZipRecruiter copyright agent as set forth below. For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and provide a link (where available) to where it is located on the Website or the Services;
4. Information reasonably sufficient to permit ZipRecruiter to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Agent
ZipRecruiter, Inc.
604 Arizona Ave.
Santa Monica, CA 90401
Email: [email protected]

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

In accordance with the DMCA and other applicable law, ZipRecruiter has adopted a policy of terminating, in appropriate circumstances, the accounts of Users who are deemed to be repeat infringers. ZipRecruiter may also at its sole discretion limit access to the Website or the Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Copyright Counter-Notices. If content you posted on the site was removed due to a claim(s) of copyright infringement and you would like to dispute that removal, the process for counter-notifications is governed by Section 512(g) of the DMCA:

1. To file a counter-notification with us, you must provide a written communication that sets forth the items specified below.
2. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users (and removal of content from users) who are infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

Elements of Counter-Notification. To expedite our ability to process your counter-notification, please use the following format (including section numbers):

1. Identify the specific URLs of material that ZipRecruiter has removed or to which ZipRecruiter has disabled access.
2. Provide your full name, address, telephone number, email address and, if you are a registered User, the User name of your account.
3. Provide a statement that you consent to the jurisdiction of the courts of the state of California, and that you will accept service of process from the person who provided notification to ZipRecruiter in accordance with the process outlined above or an agent of such person.
4. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or mis-identification of the material to be removed or disabled.”
5. Sign the notice. If You are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:

Attn: DMCA Agent

ZipRecruiter, Inc.

604 Arizona Ave.

Santa Monica, CA 90401

Email: [email protected]

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it may include any of your identifying information set forth in the counter-notification. By submitting a counter-notification, you therefore consent to having such identifying information revealed in this way.

After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the site. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).

Foreign Counter-Notification. If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Therefore, please be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are infringers. So, if you are not sure whether content you posted on the site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we recommend you first contact a lawyer knowledgeable in the laws of the United States and the state of California. If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Elements of Counter-Notification.”

General. In accordance with the DMCA and other applicable law, ZipRecruiter has adopted a policy of terminating, in appropriate circumstances, the accounts of Users who are deemed to be repeat infringers. ZipRecruiter may also at its sole discretion limit access to the Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

B. Other Illegal or Infringing Content

If you believe in good faith that any content on the Website or the Services is illegal or infringes your or a third party’s right (excluding copyright infringement) or you wish to make us aware of any other illegal or infringing acts which relate to the Website or the Services, you can contact us via email at: [email protected]. Any notice to us must contain: (a) a detailed description of the infringing or illegal material or activity including why it is infringing or illegal; (b) a detailed description specifying the location of the material that you claim is infringing or illegal (if applicable); and (c) your name, address, telephone number and e-mail address.

14. DISCLAIMER OF WARRANTIES

NOTHING IN THESE TERMS OF USE SEEKS TO EXCLUDE ANY CONDITION, WARRANT OR GUARANTEE THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZIPRECRUITER DOES NOT GUARANTEE ANY RESULTS FROM USING THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE WEBSITE IS AT YOUR OWN OPTION AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED WITHOUT WARRANTIES, GUARANTEES, CONDITIONS OR TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PURPOSE OR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZIPRECRUITER, ITS EMPLOYEES, OR AGENTS, OR THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY, GUARANTEE, TERM OR CONDITION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (I) ANY CONTENT PROVIDED ON OR THROUGH THE WEBSITE IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT; (II) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (III) THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL BE UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED OR AVAILABLE AT YOUR OWN OPTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER TYPE OF LOSS THAT RESULTS FROM SUCH CONTENT OR YOUR USE OF THE SERVICES.

IF ANY SUCH WARRANTY OR GUARANTEE CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THEN TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZIPRECRUITER’S LIABILITY FOR BREACH OF ANY SUCH WARRANTY OR GUARANTEE IS LIMITED (AT ZIPRECRUITER’S OPTION) TO: (A) FOR GOODS, THE REPAIR OR REPLACEMENT OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS OR PAYMENT OF THE COST OF THE REPAIR OR REPLACEMENT OF THE GOODS OR SUPPLY OF EQUIVALENT GOODS; OR (B) FOR SERVICES, THE RESUPPLY OF THE SERVICES OR PAYMENT OF THE COST OF THE RESUPPLY OF THE SERVICES.

15. LIMITATION ON LIABILITY

(A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE TERMS OF USE, IN NO EVENT SHALL ZIPRECRUITER, ITS SUBSIDIARIES, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSOR AND ASSIGNS, BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE FOR ANY (I) INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR LOSSES, OR ANY OTHER LOSS OR DAMAGE THAT DOES NOT ARISE NATURALLY AND ACCORDING TO THE USUAL COURSE OF THINGS FROM THE BREACH, ACT OR OMISSION RELATING TO THESE TERMS OF USE AND GIVING RISE TO THAT LOSS, WHETHER OR NOT SUCH LOSS MAY REASONABLY BE SUPPOSED TO HAVE BEEN IN THE CONTEMPLATION OF THE PARTIES AT THE TIME THEY ENTERED INTO THESE TERMS OF USE AS A PROBABLY RESULT OF THE BREACH, ACT OR OMISSION; OR (II) LOSS OF PROFITS, GOODWILL, USE, DATA THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE. UNDER NO CIRCUMSTANCES WILL ZIPRECRUITER BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

(B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZIPRECRUITER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS OR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE; (VII) USER CONTENT OR (VIII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY.

(C) IN NO EVENT SHALL ZIPRECRUITER, ITS SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO ZIPRECRUITER IN THE 3 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM OR USD $10, WHICHEVER IS LESSER.

(D) THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY OR ANY OTHER BASIS AND EVEN IF ZIPRECRUITER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

16. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend (at ZipRecruiter’s option), indemnify and hold harmless ZipRecruiter and its subsidiaries, and their respective directors, officers, board members, employees, agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to all legal fees and expenses) arising from: (i) your use of and access to the Website, including any data or content transmitted or received by you; (ii) your violation of any term within these Terms of Use; (iii) your violation of any third-party rights, including without limitation any right of privacy or intellectual property rights; (iv) any claims or damages that arise as a result of your User Submission; (v) any other party’s access and use of the Website with your account or log-in information; and/or (vi) your intentional or willful misconduct, or negligence.

17. AGREEMENT TO ARBITRATE

These Terms of Use contain an Arbitration provision, which will, with limited exception, require you to submit disputes you have against ZipRecruiter to binding and final arbitration. You will only be permitted to pursue claims against ZipRecruiter on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 17 is enforceable, the following mandatory arbitration provisions apply to you:

Binding Arbitration

This Section 17 is referred to in these Terms of Use as the “Agreement to Arbitrate“. Unless you opt-out pursuant to the opt-out procedures set forth below, you agree that any and all disputes or claims that have arisen or may arise between you and ZipRecruiter or its affiliates, whether relating to the Services, this Terms of Use (including any alleged breach thereof), or otherwise (each a “Dispute“), shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Agreement to Arbitrate. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU UNDERSTAND THAT ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA“), including the AAA’s Supplementary Procedures for Consumer-Related Disputes, each available at www.adr.org, or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by you and ZipRecruiter. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in these Terms of Use, you and ZipRecruiter may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Restrictions

You and ZipRecruiter agree that any arbitration shall be limited to the Dispute between ZipRecruiter and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

You and ZipRecruiter agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or ZipRecruiter intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

30 Day Right to Opt Out of Arbitration

You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 17 by sending written notice of your decision to opt-out to [email protected] or to the U.S. mailing address listed at the bottom of these Terms of USe. The notice must be sent to ZipRecruiter within thirty (30) days of your registering to use the Website or agreeing to these Terms of Use (whichever is earlier), otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

18. GENERAL

A. Governing Law and Location

The Website is controlled and operated by ZipRecruiter from within the United States of America. ZipRecruiter makes no representations that the Website or the materials available via the Website, are appropriate or available for use in locations outside of the United States, Canada, the United Kingdom or the European Economic Area. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with all United States of America laws as well as local laws, if and to the extent local laws are applicable.

Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Terms of Use and any disputes shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. An arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Except as otherwise expressly provided in these Terms of Use, all arbitration and other litigation in a court of competent jurisdiction of any dispute between you and ZipRecruiter related to these Terms of Use shall be located in Los Angeles County, California.

You may not use the Website if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

B. Relationship of the Parties

No joint venture, partnership, employment, or agency relationship exists between you and ZipRecruiter as a result of these Terms of Use or your use of the Website.

C. Notification Procedures

ZipRecruiter may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our websites, as determined by ZipRecruiter in its sole discretion. ZipRecruiter reserves the right to determine the form and means of providing notifications to users, provided that you may opt out of certain means of notification as described in these Terms of Use. ZipRecruiter is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add [email protected] to your email address book to help ensure you receive email notifications from us.

Under California Civil Code Section 1789.3, California users of the Website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

D. Compliance with Laws

You agree to comply with all applicable laws, regulations and ordinances in the use of the Website and the conduct of your activities.

E. Entire Agreement

Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms of Use, constitute the entire agreement between ZipRecruiter and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between ZipRecruiter and you in relation to the access to and use of the Website.

F. Miscellaneous

Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by ZipRecruiter. No failure by ZipRecruiter to exercise, or to delay in exercising, any rights hereunder shall operate as a waiver hereof, nor shall any single or partial exercise of any right hereunder by ZipRecruiter preclude any other or future exercise of that right or any other right hereunder by ZipRecruiter. If any provision of these Terms of Use is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from these Terms of Use. These Terms of Use do not and are not intended to confer any rights or remedies upon any person other than the parties. You may not assign, transfer or delegate the Terms of Use, and your rights and obligations hereunder without the prior written consent of ZipRecruiter. ZipRecruiter may without restriction assign, transfer or delegate these Terms of Use, and any rights and obligations hereunder, at its sole discretion.

ZIPRECRUITER, ZIP ALERTS, QUICKRATE, TRAFFICBOOST, ZIPRECRUITER.COM, ZIPRESUME, JOBBOARD.IO, JOBBOARD.IO BOOST, the suitcase logo, and the chair logo are trademarks or registered trademarks with the U.S. Patent and Trademark Office and with multiple trademark offices around the world. All intellectual property is owned by ZipRecruiter, or its licensors, and is protected by U.S. and international trademark laws and/or other proprietary rights and laws.

G. Electronic Contracting

Your use of the Website includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY THESE TERMS OF USE, AND THAT YOUR INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO TRANSACTIONS YOU ENTER INTO ON ANY ZIPRECRUITER WEBSITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

H. No Publicity

You shall not publicly disclose, issue any press release nor make any other public statement, nor otherwise communicate with the media, concerning the existence of these Terms of Use or the subject matter hereof, or the relationship with us without the prior written approval of our legal department. You further agree not to misrepresent or embellish your relationship with us. You agree to refer any inquiry that you receive from the media or other third parties, concerning these Terms of Use, the Website, and/or ZipRecruiter, to our legal department at: [email protected].

I. Confidentiality

Pursuant to your use of the Website, you may receive information or be exposed to features and functionality that are not known or available to the general public, including, but not limited to, login credentials, technology, API Keys, dashboards, widgets, insertion codes, and guidelines and documentation relating to the Website(“Confidential Information”). You agree that: (a) all Confidential Information will remain the exclusive property of ZipRecruiter; (b) you will use Confidential Information only as is necessary for your use of the Services and in accordance with these Terms of Use; (c) you will not disclose Confidential Information to any third party; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in these Terms of Use. You further agree not to share with, or otherwise disclose to, any third party, log-in credentials or any other mechanism that permits access to the Website or any other non-public area of the ZipRecruiter websites.

J. Equitable Relief

You acknowledge that a breach by you of any confidentiality or proprietary rights provision of these Terms of Use may cause ZipRecruiter irreparable damage, for which the award of damages would not be adequate compensation. Consequently, ZipRecruiter may institute an action to enjoin you from any acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and additionally, ZipRecruiter may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.

K. Export Compliance

In connection with your use of the Website or receipt of any services provided therein (the “Subject Services”), you agree to comply with applicable (i) U.S. Government export laws, regulations and requirements, including those administered by the U.S. Commerce Department’s Bureau of Industry and Security (BIS) and the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), and (ii) export laws, regulations, and requirements in other countries, including in the jurisdiction in which you are located (if you are located outside the United States) (collectively, “Export Laws”). You further certify that you will not, in connection with the Subject Services, export, re-export or transfer any software that may be subject to such Export Laws to any location, or to any end-user, or for any end-use, without first obtaining any export license, permit or other approval that may be required from the U.S. Government or other applicable jurisdiction. Without limiting the foregoing, you specifically agree that you will not, in connection with the Subject Services, export, re-export or transfer any software subject to Export laws (1) to any sanctioned country under U.S. export control laws, including Cuba, Iran, North Korea, Syria and the Crimea Region of Ukraine; (2) to any individual or entity listed on a denied party list maintained by the U.S. Government, including those administered by BIS and OFAC, or any other applicable government list in your jurisdiction; (3) to any Military End User as defined by BIS; and (4) for any end-use restricted by the U.S. Government or other applicable jurisdiction, including military end-uses and end-uses related to the development, production or use of nuclear, chemical or biological weapons or missiles.

19. HOW TO CONTACT US

If you have any questions about our Website or any other Services-related questions, please contact us by using the communication means described below.

Mailing Addresses

If you have any questions or comments about our Privacy Policy, the ways in which ZipRecruiter collects and uses your information collected via the Website, your rights and choices regarding such use, please contact us as noted in the “How to Contact Us” section of the Privacy Policy.