2. JobTalkUSA lets you view and access its content for your own use only. The texts, graphics, images, and other materials it contains have copyright, trademark, and law protection. You consent not to sell, change, copy, show, give out, or apply them in any way for any public or business purpose, with other services outside JobTalkUSA. Your use of its content must not confuse users, malign, or doubt JobTalkUSA or its owner, weaken its brand, or breach its intellectual property rights. Further, you concur not to use them wrongly in any other means. We do not permit the use of any of its content outside JobTalkUSA.
3. An employer must join JobTalkUSA as a member to post jobs, and search, choose, and hire job seekers/freelancers. Likewise, a job seeker or a freelancer must also become a member to search for open and possible employment opportunities.
4. Members may not use JobTalkUSA to send, post, give out, keep, or damage any material, including, without limitation, its content:
a) That violates any applicable law;
b) That breaches any copyright, trademark, trade secret, or the intellectual property rights of others; or the privacy, publicity, or other’s personal rights; or
c) That is offensive or repulsive.
5. You must not breach or attempt to breach JobTalkUSA’s security, including, but not limited to, the following actions:
- Access data not meant for you or log into a server or account to which you have no permission to access;
- Attempt to probe, scan, or test the weakness of a system or network; or to breach security or authentication measures with no proper permission; or
- Try to impede its service to other users, host, or network, including, but not limited, to sending a virus to JobTalkUSA, congesting, “flooding”, “spamming”, “mail-bombing” or “crashing” it.
Such system or network security breach(es) may lead to civil and/or criminal charge(s). We will look into the incidence(s) that caused such breach(es). Likewise, we may ask the help of and work with law enforcement agencies to accuse the user(s) engaged in such action(s).
6. Member employers may use the website and its other features for legitimate purposes only such as searching for, choosing, and hiring job seekers or freelancers. JobTalkUSA members may use our database for lawful and business purposes only such as connecting with other members.
7. JobTalkUSA does not permit any other use of the website and its services. Users conform to do the following:
a) Use the platform for no other purpose other than as a member employer who hires job seekers or freelancers; or as a member job seeker or freelancer searching and applying for an open position;
b) Post on or give to JobTalkUSA only personal, complete, true, or accurate biography or organization’s history;
c) Never send unwanted mails or e-mails, make unwelcome phone calls or fax documents that promote or market products or services to any JobTalkUSA member;
d) Never alter or remove any data shared by another member;
e) Never overload the website’s structure;
f) Never gather, copy, or duplicate in any way any of its content or details without securing an express written consent from JobTalkUSA; and/or
g) Never place job announcements or content with hyperlinks, “hidden” keywords, or keywords that are not relative to the job or are false.
10. We reserve the right to offer third-party services and/or products to you based on the preferences you stated in your registration, at any time thereafter. Such offers may be made by JobTalkUSA or third parties.
11. You understand and accept that you do not own your account on JobTalkUSA. With this, if you revoke it, all of your information on the platform will be marked “DELETED” in our database and removed from any public section of the website. Your information may still be available for some period because of transfer delays in deleting them on our servers. Further, third-party services may keep cached copies of your information.
Member Content and Submissions
12. You are responsible for your account information, job postings, resume content, messages, audios, videos, photos, texts, collections, or other content you post on JobTalkUSA or send to other members. You agree that in giving any content or in using the website you will not pretend to be another person, send any false, erroneous, or illegal material, or breach your duties in these terms.
14. JobTalkUSA does not show or prove the truthfulness, accuracy, or reliability of member content or of any other communication posted by members or endorses their expressed opinions. You accept that any belief you have on any material posted by other members will be at your own risk.
16. We love hearing from JobTalkUSA members and we will appreciate your feedback about your experience with our website. When you send any comment, feedback, testimonial, or story, you give allow JobTalkUSA to use them for marketing purposes, unless upon sending them you expressed that you do not give us that liberty. JobTalkUSA will use them freely for whatever purpose, business or otherwise, without paying or acknowledging you or another person.
17. It is your responsibility as a member to keep your account and login details (username and password) private, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently. Besides, you will be responsible for all the uses of your JobTalkUSA username, and password, whether or not you authorized them. You agree to notify JobTalkUSA right away of any unapproved use of your account and login details.
19. In case a member purchases any service offer from JobTalkUSA, the said member is ineligible to refund his/her payment. We will be glad to discuss our refund policy. Just contact us by phone or email to ask about it.
Cancellation of Membership for Breach of Copyright or Other Intellectual Property Rights of Others
20. JobTalkUSA and all its affiliate services respect the intellectual property rights of others. We tell our members and service partners to do the same. The illegal posting, copying, distribution, revising, or display and performance (public) of copyrighted works breaches the owner’s copyright. In using JobTalkUSA, you agree not to use JobTalkUSA to violate the intellectual property rights of others in any way. We will cancel the account(s) and bar the access to JobTalkUSA of any member who breaches the copyright or other intellectual property rights of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without being liable to the member.
Liability of JobTalkUSA
21. Job Postings: Employers post jobs on JobTalkUSA. We review the job listings for addition to our database. We check them to warrant their quality and significance. JobTalkUSA reserves the right to deny job submissions in our sole discretion. In addition, job seekers and freelancers use JobTalkUSA to place their resume profiles and application tools and apply for jobs. JobTalkUSA is not an employer, a recruiter, a headhunter, an employment agency, or a similar party in your use of our website and/or services. Hence, JobTalkUSA will not be liable for any employment decision, for any reason made by any business/agency that posts jobs on our website. While we take every effort to monitor and control the offered job listings to prevent fraud, abuse, and/or illegitimate activities, we take no responsibility for the dealings between a prospective employer and a job seeker/freelancer. We will not be responsible for validating or controlling the quality, precision, or legitimacy of data that members send or share (job seekers, freelancers, and employers alike) on the website.
22. JobTalkUSA may take action on member-shared content it deems important or proper, in its sole discretion, if it believes that such material may cause problems for JobTalkUSA, malign its name or image, or cause it to lose (wholly or partly) the services of its providers or suppliers. While JobTalkUSA reserves the right, in its sole discretion, to delete member-shared content, job postings, resumes, and/or other materials from the website, now and again, it does not acknowledge doing so and refutes any responsibility for failing to act on any similar issue.
23. Since verifying a member’s identity online is challenging, JobTalkUSA cannot and does not prove that members are who they claim themselves to be. JobTalkUSA do not and cannot take part in member-to-member transactions or censor the conduct of members. Thus, if you have an issue with any member(s), you release JobTalkUSA (and our owner, agents, and workforce) from any claim, demand, and damage (actual and consequential and direct and indirect) of every nature; known and unknown; suspected and unsuspected; disclosed and undisclosed from or in any way related to your dealings with other members and any dispute(s) that may arise from them.
24. California residents waive the California Civil Code Section 1542 that states: “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 affected materially his or her settlement with the debtor.”
25. JobTalkUSA may have inaccurate or erroneous content and typos. JobTalkUSA makes no representations on the accuracy, reliability, completeness, or timeliness of any of its content. The use of all JobTalkUSA content is at your own risk. We change the website often and at any time.
Job seekers/freelancers acknowledge and agree that they are the only ones responsible for the form, content, and correctness of any resume or job application tools they placed and made available on JobTalkUSA. Employers are also the only ones responsible for their postings on the website.
26. JobTalkUSA cannot guarantee and does not promise any exact outcome from your use of the website and its services. No spoken or written advice or data taken by a member from JobTalkUSA will form any warranty not expressly stated herein.
Disclaimer of Warranty
27. Limitation and Disclaimer of Warranties. JOBTALKUSA DOES NOT WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL TOOLS. IF YOUR USE OF THE WEBSITE CAUSES THE NEED TO REPAIR OR REPLACE YOUR EQUIPMENT OR DATA, JOBTALKUSA WILL NOT BE LIABLE FOR THE COSTS. JOBTALKUSA AND ITS CONTENT ARE GIVEN ON AN “AS IS” BASIS WITH NO WARRANTY OF ANY KIND. JOBTALKUSA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JOBTALKUSA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF JOBTALKUSA CONTENT, SERVICES, APPLICATIONS, TEXTS, GRAPHICS, AND LINKS.
Limitation and Disclaimer of Liability
28. NEVER WILL JOBTALKUSA, ITS SUPPLIERS, OR ANY OTHER THIRD-PARTY AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR THOSE RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JOBTALKUSA RECEIVED AN ADVICE ABOUT THE POSSIBILITY OF SUCH DAMAGES.
29. JobTalkUSA gives access to third-party content and links. You understand and agree that we are only acting as a medium and are not liable related to third parties, whether arising under the laws of copyright, libel, privacy, or obscenity. JobTalkUSA is not liable for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on them. If you decide to access linked third-party websites, you do so at your risk.
30. You agree to protect and hold harmless JobTalkUSA, its affiliates, and their respective officers, directors, employees, and agents from and against any damages, losses, or expenses, including without limitation reasonable legal and accounting fees, resulting from any member-shared content or other material you gave us, your use of any JobTalkUSA content, or your breach or alleged breach of these terms. If JobTalkUSA wants you to defend it in any such action, we will notify you promptly of any related claim or demand.
Term and Termination