If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this these Terms and that such entity or organization is duly authorized to do business in the country or countries where it operates. In that event, "you," "your," or “user” will refer and apply to that entity.
Registering for an Account: In order to get full access to the Platform including the Services, you have to (i) register for an account (“Account”) and (ii) provide certain information about yourself as requested. You represent and warrant that: (a) all required information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, (c) your use of the Platform and Services does not violate any applicable laws and (d) you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms. You may close your Account at any time, for any reason, by contacting the Company. The Company may suspend or terminate your Account if you violate any provision of the Terms. From your Account you are able to (a) turn on or off the setting to receive email notifications and (b) make changes to your resume (if you are a job seeker).
Private vs Public Account: If a job seeker creates a public Account on the Platform, when searching for jobs and looking at different job abs, personal information of such job seeker will be shared with registered employers and recruiters. However, if a job seeker creates a private Account on the Platform, when searching for jobs and looking at different job ads, personal information of such job seeker will not be shared with registered employers and recruiters. Regardless of the type of the account, when a job seeker applies for a job, personal information of such job seeker will be shared with the relevant registered employers and recruiters for the purpose of them being able to contact the candidate. From your Account you can also change your account type from public to private and vice versa.
Closing or Terminating Your Account: You may close your Account at any time, for any reason, by using the 'Contact Us' form to request removal (MDJobSite.com/support/ContactUs). The Company may terminate the Account in accordance with the Employer/Recruiter Membership Terms section of the present Terms.
Confidentiality and Security of Your Account: You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information, and (ii) all activities that are conducted under your Account. You agree not to disclose your password to anyone and you shall be solely responsible for any use of or action taken through the use of such password on the Platform. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. By using your Account, you acknowledge and agree that the Company’s account security procedures are commercially reasonable. You agree to immediately notify the Company in the event of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security.
EMPLOYER/RECRUITER MEMBERSHIP TERMS
This section is applicable to Employers and Recruiters.
Membership Plans: While job seekers’ Accounts are free of charge, Employers and Recruiters need to choose one of our memberships (MDJobSite.com/register/EmployerInfo) in order to open an Account on the Platform.
Company Country: A company based in the United States must open the membership. In the interest of data protection for our clients, we do not allow companies or recruiters outside of the U.S. to set up/have memberships on our job sites.
Compliance with Applicable Laws: As an Employer or Recruiter you are responsible for ensuring that your job postings comply with all employment and equal opportunity laws, including all other applicable federal, state and local laws. You agree to post jobs that contain only your organization’s name and branding.
Recurring Payments: To make a payment for a membership you will be redirected to a secure page where you will be able to provide us with your credit/debit card information. By signing your electronic signature on the payment form, you will authorize us to charge your credit/debit card or check/ACH on the recurring basis in association with the membership plan selected.
Number of Recruiting Locations: By default you may only indicate one recruiting location per membership. You agree not to share, distribute or resell your Account’s login credentials.
Making Changes to Membership Plan: To make changes to the membership plan and/or recurring payments, you must submit a ticket to Billing using the Contact Us link from inside your Account. Once the credit/debit card on file has been charged, a refund will not be issued. Should your credit/debit card decline a payment, your Account will be deactivated. If a payment is returned/reversed for any reason, you may be charged an additional $45 fee. Any changes to a membership plan require a written notice of no later three (3) business days prior to scheduled billing date and not later than 4:00 pm Central Standard Time. To request changes to your membership or to cancel it, please submit a request through our “Contact Us” link found in your Account.
Link Policy: You agree not to post any links that re-direct from the Platform. You must use target="_blank" if a link is required. If a re-direct link is found, the Company reserves the right to remove the listing without any notification.
No Solicitation: You agree not to contact other Employers and Recruiters listed on the Platform to solicit recruiting or other services.
Misrepresentation: You agree not to register as a job seeker on the Platform. If you do so, we reserve the right to block your access to the Platform and terminate your Account and these terms without notice to you or a refund of any payment made.
LICENSE TO USE THE PLATFORM
License: Subject to the terms and conditions of these Terms, the Company grants you a worldwide, non-transferable and non-exclusive license of the right to use the Platform.
Certain Restrictions: The right granted to you in the present Terms is subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform; (b) you shall not copy, modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Platform; and (c) you shall not access the Platform in order to build a similar or competitive service. Any future release, update, or other addition to any of functionalities of the Platform shall be subject to the terms and conditions of these Terms.
Moreover, you agree not to use the Platform to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other users, including email addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overburden, impair, or otherwise interfere with servers or networks connected to the Platform (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Platform or servers or networks connected to the Platform (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the Platform.
The use of automated systems or software to extract data from the Platform for any purposes, (‘screen scraping’ or ‘data scraping’) is prohibited unless you have signed a separate written licence agreement with the Company, which permits you to do so.
Modification: We reserve the right, at any time, to modify, suspend, or discontinue the operation of the Platform or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Platform or any part thereof.
Ownership: We and our licensors (if any and where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Platform. The Platform is licensed to you; this means that the Platform is under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to the Platform. Our name, logo, and other names associated with the Platform belong to us (or our licensors, if any and where applicable), and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms.
“Content” shall mean any and all content (including, but not limited to, job descriptions, resumes, texts, files, logos, photos, videos, contact information) that you upload to and share through the Platform. You are solely responsible for Content you share on the Platform, including its accuracy, completeness or usefulness by others. You hereby represent and warrant to Company that: (i) you have obtained all rights, licenses, consents and permissions necessary in order to authorize Company to use such Content including, without limitation, to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Content, and each and every part thereof, on, through or via the Platform at all times until these Terms are terminated.
You hereby agree not to provide Company with or upload any Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene or offensive or that contains pornography, nudity or graphic or gratuitous violence or that promotes violence, racism, discrimination, bigotry, hatred or physical harm of any kind against any group or individual or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates any law, regulation or contractual obligations.
WARRANTIES & DISCLAIMERS
The Platform and Services are provided on “as is” and “as available” basis and we expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. the Company makes no warranty that the Platform or Services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; (c) will land you a job; (d) will find you a job candidate satisfying all of the job requirements; or (e) will be accurate, reliable, complete, legal, or safe. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE PLATFORM, SERVICES, OR YOUR OR ANY OTHER USER’S CONTENT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE PLATFORM OR SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to defend us, indemnify us and hold harmless the Company, its subsidiaries, affiliates, officers, agents, employees, representatives and agents from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of the Platform and/or Services, (ii) Content, or (iii) your violation of these Terms.
We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Modifications: No modification or amendment to these Terms shall be binding upon the Company unless in a written instrument signed/executed by a duly authorized representative of the Company.
Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Assignment: We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability: If any provision of these Terms is, for any reason, held to be invalid or unenforceable, (i) the other provisions of these Terms will be unimpaired, and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Consent to Electronic Notices: You consent to the use of (a) electronic means to execute these Terms and to deliver any notices (including complaints) pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Platform or Services. Notices (including complaints) hereunder shall be invalid unless made in writing and given (a) by the Company via email (to the email address that you provide), (b) a posting on the Platform or (c) by you via the contact us button or to such other email addresses as the Company may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
Governing Law: These Terms shall be governed by the laws of the State of Florida, USA without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located in Okaloosa County, Florida, USA for the purpose of litigating all claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction.
Last Revised: April 7, 2020