Terms and Conditions
BY REGISTERING FOR AND USING SNAGAJOB.COM, INC.’S (“SNAGAJOB”) PEOPLEMATTER WEB SITE LOCATED AT THE URL: PEOPLEMATTER.COM (THE “PEOPLEMATTER SITE”), YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THESE TERMS AND CONDITIONS (“AGREEMENT”) AND ANY OTHER POLICIES, PROCEDURES AND GUIDELINES REFERENCED BELOW. This Agreement shall apply to your use of the PeopleMatter site and Services, regardless of whether you enter the Services as a job seeker and individual end-user or in connection with your current or potential employment through an employer-provided link or portal.
You acknowledge that the PeopleMatter site serves as a venue for the online distribution, publication and communication of employment-related information between you, as an individual user of the PeopleMatter site, and employers and potential employers, including without limitation (i) submission of by you of resumes, employment applications and questionnaires to potential employers; (ii) submission and receipt of employment related information, training materials and other onboarding processes by and to you and from and to an employer; (iii) submission and receipt of tax-related employment information; (iv) other interactions and communications with employers and potential employers.
Terms of Engagement
You acknowledge and agree that the PeopleMatter Site is only a venue for you as a user to review job postings submitted by third party companies (“Potential Employers”), submit information and materials to and otherwise interact with Potential Employers and to submit and receive employment-related information, including engaging in onboarding processes with your employer(s) (“Employers”), manage tax-related information and related activities with respect to your employment by an Employer. You acknowledge and agree that Snagajob does not screen or censor any information, including the job postings or candidate resumes, submitted by you, other users, any Potential Employer or Employers (“Submitted Content”). Snagajob does not have any control over the quality, suitability, truth, accuracy, timeliness, safety or legality of any Submitted Content. You assume all risks associated with dealing with other users with whom you come in contact through the PeopleMatter site and/or the Services, including without limitation, Potential Employers and Employers. Snagajob is not involved in the actual transaction between you and any Potential Employer or Employer. The specific terms of any employment or contractor agreement between you and any Potential Employer or Employer will be negotiated solely between you and such Potential Employer or Employer. You understand that your interactions and dealings with other users of the PeopleMatter site are solely between you and such other user. Snagajob shall not be responsible for any loss or damage of any kind incurred as a result of any such interactions and/or dealings and Snagajob will have no obligation to become involved in such dispute.
During the registration process you will create a login and password. You are responsible for securing your login and password and for all use of the PeopleMatter site and the Service under your account and password. You agree that you will not disclose, trade or transfer your account, login or password. You agree to notify us promptly of any unauthorized use of disclosure of your login, password or account.
Disclaimer of Warranties
Each user of the PeopleMatter site is responsible for any content and materials that it posts or submits on or through the PeopleMatter site, including, without limitation, job listings and candidate resumes, and Snagajob has no obligation to verify or authenticate, in whole or in part, any Submitted Content. Snagajob has no liability for any inaccuracies, errors or omissions in or the appropriateness or inappropriateness of the Submitted Content, including job listings, candidate resumes or Employer-provided information. Snagajob does not guarantee that use of the PeopleMatter site or Service will result in any interview with or employment by any Potential Employer. SNAGAJOB MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE PEOPLEMATTER SITE, THE SERVICES OR ANY MATERIALS CONTAINED ON THE PEOPLEMATTER SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PEOPLEMATTER SITE, THE SERVICES, MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED ON THE PEOPLEMATTER SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Limitation of Liability
SNAGAJOB SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR USE OR RELIANCE ON THE PEOPLEMATTER SITE, SERVICES AND/OR ANY MATERIAL ON THE PEOPLEMATTER SITE, INCLUDING, WITHOUT LIMITATION, ANY SUBMITTED CONTENT, INCLUDING JOB POSTINGS, CANDIDATE RESUMES OR EMPLOYER-PROVIDED MATERIALS. IN NO EVENT SHALL SNAGAJOB BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR RELATED TO THIS AGREEMENT AND/OR YOUR USE OF THE PEOPLEMATTER SITE AND/OR SERVICES HOWEVER ARISING, EVEN IF SNAGAJOB KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. SNAGAJOB SHALL NOT BE LIABLE FOR ANY ACTIONS, OMISSIONS AND/OR DECISIONS MADE BY ANY USER OF THE PEOPLEMATTER SITE, INCLUDING, WITHOUT LIMITATION, HIRING DECISIONS OR OTHER EMPLOYMENT DECISIONS.
Limitation on Damages
IN NO EVENT SHALL SNAGAJOB’S AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED ONE HUNDRED U.S. DOLLARS (USD 100) OR THE EQUIVALENT IN LOCAL CURRENCY.
You hereby represent and warrant that (1) you have the authority to enter into this agreement; (2) all information you provide or submit through or on the Service, including any personal information, resumes, qualifications, residency or immigration status or tax-related information, shall be complete, truthful and accurate and shall not be misleading, false or violative of any applicable laws, rules or regulations or third party rights. You understand and agree that information related to your employment with an Employer will be the Employer’s property (other than your personal information) and will not be available to you through the Service once you leave the employment of such Employer. If you enter the PeopleMatter site and/or use the Service in connection with your employment with an Employer, you understand and agree that upon termination of your employment by the Employer, Snagajob may at its discretion allow you to retain your user name and password to access and use the Service in connection with a new job search, but you shall not have access to any information relating to or owned by your prior Employer. You hereby authorize the transfer of your Submitted Content, including your personal information, to authorized Potential Employers and/or your Employer(s) through the use of the Service and the use and storage of such Submitted Content by Snagajob and its third party service providers as necessary for provision of the Service.
In the event that you have a dispute with one or more users of the PeopleMatter Site, including any Potential Employer or Employer, you release Snagajob (and our agents and employees) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related with such dispute.
All disputes between you and Snagajob relating to or arising from this Agreement in any way will be arbitrated according to the rules of the American Arbitration Association (AAA) in Richmond, Virginia including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, and (ii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys’ fees. The proceeding and the decision shall be kept confidential by the parties. The arbitration award may be enforced in any court having jurisdiction over the parties and the subject matter of the arbitration.
This Agreement is governed by the laws of South Carolina without regard to its conflict of law principles. The parties agree that any disputes relating to this Agreement or the PeopleMatter Site will be heard in the courts located in Richmond, Virginia.
Relationship of Parties
The parties are independent contractors, and no partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties is created hereby. There are no third party beneficiaries to this Agreement.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is to be asserted.
If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable for any reason, such provision will be deemed modified to the extent necessary to render it enforceable and the remaining provisions of this agreement will remain unaffected and in full force and effect.
This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements whether written or oral, express or implied, with respect to the subject matter hereof. To the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any PeopleMatter Site Policies, the terms of the applicable PeopleMatter Site Policy shall prevail.