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- Snagajob General Terms of Use
- Snagajob Employer Terms
- Job Seeker Terms
- Snagajob Shifts Terms
- Snagajob Privacy Policy
- Snagajob.com Copyright Policy
- Snagajob California Privacy Notice
- Do Not Sell My Personal Information
- Snagajob Security
- Snagajob Disclosures and Consents
- E-Signature Disclosures & Consent
- Snagajob Application Policy
- Snagajob SMS/MMS Terms
- Snagajob Shifts SMS/MMS Terms
- Non-Disclosure Agreement
- Arbitration Agreement
- Food Employee Reporting Agreement
Snagajob General Terms of Use
Effective August 6, 2021
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Snagajob General Terms of Use
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated: July 23, 2021
Please read these Snagajob General Terms of Use (these “General Terms of Use”) carefully.
The websites located at www.snagajob.com, work.snag.co , www.nowhiring.com and (collectively, the “Website”), is a copyrighted work belonging to Snagajob.com, Inc., Snag.Work LLC, or one of their affiliates (“Snagajob”, “We”, “Us”, or “Our”). Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features, including but not limited to, additional supplemental terms related to who you are and how you are using the Website (the “Specific Terms”). All such Specific Terms and other additional terms, guidelines, and rules are incorporated by reference into these General Terms of Use.
These General Terms of Use govern the use of the Website and any mobile application owned or controlled by Us (collectively, “Application”), and apply to all users visiting the Website or Application, accessing, or using the Website or Application in any way, including using the services and resources available or enabled via the Website and Application (each a “Service” and collectively, the “Services”). The Website, the Application, the Services, and the information and content available on the Website and in the Application and the Services are collectively referred to as the “Snagajob Properties”)
THESE GENERAL TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE. BY CLICKING ON THE [“I ACCEPT”] BUTTON, COMPLETING THE REGISTRATION PROCESS, BROWSING THE WEBSITE OR DOWNLOADING THE APPLICATION, OR ENTERING INTO A SALES ORDER OR WHEN YOU SUBMIT AN ORDER ON THE WEBSITE OR APPLICATION (WITH RESPECT TO EMPLOYERS), YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE GENERAL TERMS OF USE (AND THE APPLICABLE SPECIFIC TERMSS), (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SNAGAJOB, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE GENERAL TERMS OF USE PERSONALLY OR ON BEHALF OF THE EMPLOYER YOU HAVE NAMED AS THE USER, AND TO BIND THAT EMPLOYER TO THESE GENERAL TERMS OF USE (COLLECTIVELY, THE “AGREEMENT”). THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTER ON THE WEBSITE OR APPLICATION. IF YOU DO NOT AGREE TO BE BOUND BY THE GENERAL TERMS OF USE AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE, THE APPLICATION OR THE SERVICES.
PLEASE BE AWARE THAT SECTION 18 OF THESE GENERAL TERMS OF USE, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
Please note that these General Terms of Use are supplemented by the Privacy Policy and the Specific Terms, as follows:
Snagajob Employer Terms: If you are an entity or individual (“Employer”) who accesses and uses the Services to post or submit advertisements for review by Job Seekers (as defined below) or otherwise accesses any Services designed for Employers (but excluding Shifts Clients as defined below), the Employer Terms also governs your use of the Services and any Sales Order (as defined herein) entered into by you and Snagajob. You, as an Employer, hereby acknowledge and agree that you are bound by the Snagajob Employer Terms as part of these General Terms of Use.
Snagajob Job Seeker Terms: If you are accessing or using the Services to respond to job advertisements posted by Employers for full-time or part-time employment or to search for or sign up for shifts (a “Job Seeker”), or otherwise access any Services designed for Job Seekers, then the Job Seeker Terms also governs your use of such Services, and you hereby acknowledge and agree that you are bound by the Snagajob Job Seeker Terms of Use as part of these General Terms of Use.
Snagajob Shifts Terms: If you are an employer who is accessing and using the Services to post solicitations of Snagajob Workers to fill shift-work positions (“Shifts Clients”) or otherwise access any Services designed for Shifts Clients (“Shifts Services”), the Shifts Terms governs any agreement entered into by the Shifts Clients and Snagajob. You hereby acknowledge and agree that you are bound by the Snagajob Shifts Terms as part of these General Terms of Use.
Snagajob Shifts Workers : If you are accessing and using the Services to respond to shift postings by Shifts Clients for the purpose of securing short-term shift work opportunities (a “Snagajob Workers”) or otherwise access any Services designed for Snagajob Workers, a separate offer letter will constitute the agreement entered into by you, as a Snagajob Worker and Us. You hereby acknowledge and agree that you will be bound by such offer letter as part of these General Terms of Use.
Note that one or more of these documents may apply to you, and in such event, you agree to be bound by the terms and conditions of all such applicable Terms. To the extent, if any, that these General Terms of Use are inconsistent with the Specific Terms, the Specific Terms will control to the extent of such inconsistency and with respect to such Service. These General Terms of Use and any applicable Specific Term(s) are referred to herein as the “Terms.”
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY SNAGAJOB IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Snagajob will make a new copy of the changed Terms available at the Website and within the Applications and any changes to a Specific Terms will be made available from within, or through, the affected Service on the Website or within the Application. We will also update the “Last Updated” date at the top of the changed Terms. If we make any material changes, we will update the Snagajob Knowledge Base with a summary of such material changes, and if you are an Active User, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. “Active User” means a user who has registered with us to create an Account (as defined in Section 3.1 below) and has logged into and interacted with the Services at least once during the six months immediately prior to the date the material changes to these Terms were made. Any changes to the Terms will be effective immediately for new Users of the Website, the Application or Services and will be effective 30 days after posting notice of such changes on the Website for existing Users, provided that any material changes will be effective for Users who have an Account with us upon the earlier of 30 days after posting notice of such changes on the Website or 30 days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 3.1 below). Snagajob may require you to provide consent to the updated Terms in a specified manner before further use of the Website, the Application or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using the Website, the Application and/or the Services. Otherwise, your continued use of the Website, the Application or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
1. Services. Snagajob provides Services that are designed to connect Job Seekers and Shifts Workers with Employers and Shifts Clients. Job Seekers may also store certain personal and resume-related information in a standard format designed for easy sharing with employers and job recruiters. We do this by enabling Job Seekers and Snagajob Workers to submit applications to Employers and Shifts Clients through job postings and enabling Employers to invite Job Seekers and Snagajob Workers to apply for jobs or shifts.
2. Use of the Services and Snagajob Properties. The Snagajob Properties are protected by copyright laws.. Subject to the Terms, Snagajob grants you a limited license to reproduce portions of Snagajob Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Snagajob in a separate license, your right to use any Snagajob Properties is subject to the Terms.
2.2 Updates. You understand that Snagajob Properties are evolving. As a result, Snagajob may require you to accept updates to Snagajob Properties that you have installed on your computer or mobile device. You acknowledge and agree that Snagajob may update Snagajob Properties with or without notifying you. You may need to update third-party software from time to time in order to use Snagajob Properties.
2.3 Certain Restrictions. You acknowledge and agree that the rights granted to you in the Terms are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Snagajob Properties or any portion of Snagajob Properties, including the Website, (b) you will not frame or utilize framing techniques to enclose any trademark, logo, or other Snagajob Properties (including images, text, page layout or form) of Snagajob; (c) you will not use any metatags or other “hidden text” using Snagajob’s name or trademarks; (d) you will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Snagajob Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you will not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website 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); (f) you will not access Snagajob Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Snagajob Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you will not remove or destroy any copyright notices or other proprietary markings contained on or in Snagajob Properties. Any future release, update or other addition to Snagajob Properties will be subject to the Terms. Snagajob, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of Snagajob Properties terminates the licenses granted by Snagajob pursuant to the Terms.
2.4 Third-Party Materials. As a part of the Snagajob Properties, you may have access to materials that are hosted by another party. You acknowledge and agree that it is impossible for Snagajob to monitor such materials and that you access these materials at your own risk.
3. Registration.
3.2. Registration Data. In registering an account on the Website or Application, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least 13 years old, and if you are between 13 and 18, you are accessing and using the Services under the supervision of your parent or legal guardian, who is bound to these Terms, in which case ”you” as used in this Terms of Use includes your parent or legal guardian; (2) of legal age to form a binding contract or under the supervision of a parent or legal guardian who is of legal age to form a binding contract; and (3) not a person barred from using Snagajob Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Snagajob immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or Snagajob has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Snagajob has the right to suspend or terminate your Account and refuse any and all current or future use of Snagajob Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you will not have more than one Account at any given time. Snagajob reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Snagajob Properties if you have been previously removed by Snagajob, or if you have been previously banned from any of Snagajob Properties.
3.3 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Snagajob Properties, including but not limited to, a mobile device that is suitable to connect with and use Snagajob Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Snagajob Properties. By providing your cellphone number and using the Services, you hereby affirmatively consent to our use of your cellphone number for calls and texts in order to perform and improve upon the Services. Snagajob will not assess and charge for any calls or texts, but standard message charges or other charges from your wireless carrier may apply.
4. Responsibility for Content.
4.2 No Obligation to Pre-Screen Content. You acknowledge and agree that Snagajob has no obligation to pre-screen Content (including, but not limited to, User Content), although Snagajob reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. If Snagajob pre-screens, refuses or removes any Content, you acknowledge and agree that Snagajob will do so for Snagajob’s benefit, or the benefit of the online community that we serve, not yours. Without limiting the foregoing, Snagajob will have the right to remove any Content that violates the Terms or is otherwise objectionable.
4.3 Storage. Unless expressly agreed to by Snagajob in writing elsewhere, Snagajob has no obligation to store any of Your Content that you Make Available on Snagajob Properties. Snagajob has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Snagajob Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Snagajob retains the right to create reasonable limits on Snagajob’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Snagajob in its sole discretion.
5. Ownership.
5.2 Trademarks. “SNAGAJOB”, “SNAGAJOB.COM”, “THE #1 SOURCE FOR HOURLY EMPLOYMENT”, “PEOPLEMATTER” and other related graphics, logos, service marks and trade names used on or in connection with Snagajob Properties or in connection with the Services are the trademarks of Snagajob and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Snagajob Properties are the property of their respective owners.
5.3 Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in Snagajob Properties.
5.4 Your Content. Snagajob does not claim ownership of Your Content. However, when you post or publish Your Content on or in Snagajob Properties, you represent that you own or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
5.5 License to Your Content. Subject to any applicable account settings that you select, you grant Snagajob a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing Snagajob Properties to you and to our other Users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Snagajob, are responsible for all of Your Content that you Make Available on or in Snagajob Properties.
5.6 Investigations. Snagajob may, but is not obligated to, monitor or review Snagajob Properties and Content at any time. Without limiting the foregoing, Snagajob will have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although Snagajob does not generally monitor user activity occurring in connection with Snagajob Properties or Content, if Snagajob becomes aware of any possible violations by you of any provision of the Terms, Snagajob reserves the right to investigate such violations, and Snagajob may, at its sole discretion, immediately terminate your license to use Snagajob Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
5.7 Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments, or any other area on Snagajob Properties, you hereby expressly permit Snagajob to identify you by your username as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
5.8 Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
5.9 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Snagajob through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Snagajob has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Snagajob a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Snagajob Properties.
6. User Conduct. As a condition of your use of the Snagajob Properties, you agree not to use Snagajob Properties for any purpose that is prohibited by the Terms. You will not (and will not permit any third party to) either (a) take any action or (b) Make Available any Content on or through Snagajob Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Snagajob’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Snagajob; (vi) interferes with or attempt to interfere with the proper functioning of Snagajob Properties or uses Snagajob Properties in any way not expressly permitted by the Terms; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against Snagajob Properties, including but not limited to violating or attempting to violate any security features of Snagajob Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Snagajob Properties, introducing viruses, worms, or similar harmful code into Snagajob Properties, or interfering or attempting to interfere with use of Snagajob Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Snagajob Properties.
7. Removal of Content.
7.1 General. Snagajob reserves the right to refuse to post or remove any Content submitted or posted to or through the Services. Notwithstanding the foregoing, you acknowledge that Snagajob is under no obligation to edit or modify any Content or decide any dispute or disagreement between the posters and will have no liability to you for any Content. Snagajob does not assume liability for Content or for any claims for economic loss resulting from Content. Snagajob may remove any Content in the event it determines, in its sole discretion, that Content submitted:
Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical, emotional or sexual harm of any kind against any group or individual;
Solicits personal information from anyone under age 18;
Violates another person’s privacy rights or that impersonates any person or entity;
Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any securities exchange, including but not limited to, the New York Stock Exchange (NYSE) and/or the NASDAQ;
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy or providing or creating computer viruses;
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;
Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Snagajob or any Employer;
Is private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, social security numbers and credit card numbers;
Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
Is unrelated to the topic of the Reviews or Employer for which such Review is posted;
Contains misleading, unreadable, or “hidden” keywords, repeated words, or keywords, the names, logos or trademarks of unaffiliated companies, the names of colleges, cities, states town or other jurisdictions that are irrelevant or inapplicable to the job opportunity being presented, as determined by Snag in its sole discretion;
In the case of job postings Content, contains more than one job position or description
(i) is otherwise objectionable, (ii) restricts or inhibits any other person from using or enjoying the Services, or (iii) may expose Snagajob or its users (including any Employer or Shifts Client) to any harm or liability of any type;
May not be in the best interests of the online community that we serve or the efficient operations of the Services.
7.2 Job Postings Content. Snagajob may remove any job posting Content in the event it determines, in its sole discretion, that the job posting Content:
Does not comply with applicable federal, state, local, or international laws, including but not limited to laws relating to labor and employment, equal employment opportunity, and employment eligibility requirements, data privacy, data access and use, and intellectual property;
Involves a criminal enterprise or would require engaging in illegal activity to perform such job;
Advertises for a competitor of Snagajob or contains links to any site competitive with Snagajob;
Is for a position that has expired;
Directs or requires the applicant to apply for the position by any means other than through the Snagajob Properties;
Sells, promotes, or advertises products or services;
Promotes any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement or any employment, job or business opportunity that requires an up-front or periodic payment or requires recruitment of other members, sub-distributors, or subagents;
Advertises for modeling, acting, talent, or entertainment agencies or talent scouting positions;
Directly or indirectly advertises or promotes another website, product, or service, or solicits other users for other websites, products, or services, including advertising to recruit users to join an agency or another website or company;
Requests or demands free services, including a requirement to submit work as part of a proposal process for little or no money, or requests a fee before allowing an applicant to submit a proposal;
Shares or solicits contact information, such as e-mail, phone number or social media usernames, in a profile or job post;
Advertises sexual services or seek employees for jobs of a sexual nature;
Requests the use of human body parts or the donation of human parts, including without limitation, reproductive services such as egg donation and surrogacy;
Advertises jobs located in countries subject to economic sanctions of the United States government;
Contains a URL or hyperlink, or an email address or phone number;
Except where allowed by applicable laws, requires the applicant to provide information relating to the applicant’s racial or ethnic origin; political beliefs; philosophical or religious beliefs; membership of a trade union; physical or mental health; sexual health; commission of criminal offenses; or age; or
May be misleading, objectionable, inappropriate, or not in the best interests of the online community that we serve or the efficient operation of our Services.
7.3 Reporting. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of the Terms.
8. Interactions with Other Users.
8.2 Content Provided by Other Users. Snagajob Properties may contain User Content provided by other users. Snagajob is not responsible for and does not control User Content. Snagajob has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk.
8.3 No Authentication of Users. You understand and agree that Snagajob does not, and cannot, confirm that each user is who they claim to be. We are not responsible for authenticating users and therefore it is your responsibility to conduct the appropriate due diligence before communicating or interacting with other users, including, without limitation, Employers, Shifts Clients, Job Seekers, and Snagajob Workers. You assume all risks associated with users with whom you come into contact. If you have any disputes or issues with any user you agree to pursue any remedies directly with the applicable user and you release Snagajob, its subsidiaries, and their respective employees, directors and agents from all claims, demands and damages of every kind (actual and consequential and direct and indirect) known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.
9. Third-Party Services, Portals, Gift Cards and Other Websites.
9.2 Third Party Portals. Snagajob Properties may be made available to you through the use of third-party web sites (“Third-Party Portals”). Such Third-Party Portals are not under the control of Snagajob. Snagajob is not responsible for any Third-Party Portals.
9.3 Gift Cards. Snagajob offers third-party merchant (“Merchant”) gift cards (“Gift Cards”). When purchasing a Gift Card, you must provide your billing information (e.g., credit or debit card number at check-out. Gift Cards are non-refundable. Such Gift Cards may not be reloaded, resold, or used for payment outside of the Merchant’s website; used for unauthorized advertising, marketing, sweepstakes, or other promotional purposes; redeemed for more than face value; transferred for value; redeemed for cash (except to the extent required by law); or returned for a cash refund (except to the extent required by law). Gift Cards may not be redeemed for cash (except to the extent required by law). You further agree and understand that Snagajob has no liability for the loss of such Gift Card after its receipt, so please protect your Gift Card balance as necessary. For issues related to the use of (rather than the receipt of) a Gift Card, the applicable Merchant’s customer service will be responsible. You further agree and understand that Merchants are solely responsible to you for your ability to use, and the terms of usage of the Gift Cards. Each Merchant’s terms of use for its Gift Card(s) are available on the Merchant’s website, and those terms and conditions exclusively govern use of that Merchant’s Gift Card(s). Snagajob is not and shall not be in any manner responsible or liable for any Merchant actions, policies, or practices.TO THE FULL EXTENT PERMISSIBLE BY LAW, SNAGAJOB MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.”
9.4 Accessing and Downloading the Application from iTunes. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
You acknowledge and agree that (i) the Terms are concluded between you and Snagajob only, and not Apple, and (ii) Snagajob, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Snagajob and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Snagajob.
You and Snagajob acknowledge that, as between Snagajob and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Snagajob acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Snagajob and Apple, Snagajob, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
You and Snagajob acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
9.5. Accessing and Downloading the Application from Google Play. The following applies to any Google Play Sourced Application accessed through or downloaded from Google Play:
You acknowledge and agree that (i) the Agreement are concluded between you and Snagajob only, and not Google, Inc. (“Google”), and (ii) Snagajob, not Google, is solely responsible for the Google Play Sourced Application and content thereof. Your use of the Google Play Sourced Application must comply with the Google Play Agreement of Service.
Google is only a provider of Google Play where you obtained the Google Play Sourced Application.
Snagajob, and not Google, is solely responsible for its Google Play Sourced Application;
Google has no obligation or liability to you with respect to Snagajob’s Google Play Sourced Application or this Agreement; and
You acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to Snagajob’s Google Play Sourced Application.
10. SMS Messaging.
10.2 How to Opt Out. You can cancel the SMS texting service at any time. Just text “STOP” in response to any text message you receive from us. After you send the SMS message “STOP” to us, we will send you an SMS to confirm that you have been unsubscribed. After this you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again. If at any time you forget what keywords are supported, just text “HELP” in response to any text message you receive from us. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our SMS Texting Services as well as how to unsubscribe. Message frequency depends on the user’s interaction. If you have any questions regarding privacy, please read our Privacy Policy or contact us here.
10.3 Mobile Carrier Charges. We do not charge for our SMS Texting Services; however, your mobile carrier’s standard data and messaging rates will apply. By providing your consent to participate in a SMS Texting Service, you approve any such charges from your mobile carrier. You represent that you are 13 years of age or older and the owner or authorized user of the mobile device associated with the telephone number you designate to receive messages from the applicable SMS Texting Service. You also represent that you are authorized to approve the applicable carrier charges. If you have any questions regarding your mobile carrier charges, please contact your mobile carrier directly.
10.4 Privacy. Data obtained from you in connection with the SMS Texting Services may include your name, address, mobile phone number, your mobile service provider’s name, and the date, time, and content of your messages. Our use of this information will be in accordance with our Privacy Policy. Your mobile carrier and other service providers may also collect data about your mobile device usage, and their practices are governed by their own policies.
10.5 Disclaimers. You acknowledge and agree that the SMS Texting Services are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We will not be liable for any delays in the receipt of any text messages, as delivery is subject to effective transmission from your network operator. The SMS Texting Services are provided on an AS-IS basis. We do not guarantee that your use of these services will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Texting Services.
11. Indemnification. You agree to indemnify and hold Snagajob, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Snagajob Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, Snagajob Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Snagajob reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Snagajob in asserting any available defenses. This provision does not require you to indemnify any of the Snagajob Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Snagajob Properties.
12. Disclaimer of Warranties and Conditions.
12.2 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT SNAGAJOB PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SNAGAJOB PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE WEBSITE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
12.3 No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF SNAGAJOB PROPERTIES. YOU UNDERSTAND THAT SNAGAJOB DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF SNAGAJOB PROPERTIES.
13. Limitation of Liability.
13.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL SNAGAJOB BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) $50.00, AND (B) THE LIABILITY CAP AMOUNT SET FORTH IN THE APPLICABLE SPECIFIC TERM, IF ANY. THE FOREGOING CAP ON LIABILITY WILL NOT APPLY TO LIABILITY OF A SNAGAJOB PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A SNAGAJOB PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A SNAGAJOB PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) IF OTHERWISE PROVIDED FOR BY A CONTRACT WITH SNAGAJOB.
13.3 USER CONTENT. EXCEPT FOR SNAGAJOB’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE SNAGAJOB’S PRIVACY POLICY, SNAGAJOB ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
13.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SNAGAJOB AND YOU.
14. Procedure for Making Claims of Copyright Infringement. It is Snagajob’s policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to Snagajob by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Snagajob Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Snagajob Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Snagajob Copyright Agent for notice of claims of copyright infringement is as follows: [email protected]
15. Remedies.
15.2 Breach. If Snagajob determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for Snagajob Properties, Snagajob reserves the right to:
Warn you via e-mail (to any e-mail address you have provided to Snagajob) that you have violated the Terms;
Discontinue your registration(s) with any of the Snagajob Properties, including any Services or any Snagajob community;
Discontinue your subscription to any Services;
Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
Pursue any other action which Snagajob deems to be appropriate.
16. Term and Termination.
16.2 Prior Use. Notwithstanding the foregoing, if you used Snagajob Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced to be binding on the date you first used Snagajob Properties (whichever is earlier) and will remain in full force and effect while you use Snagajob Properties, unless earlier terminated in accordance with the Terms.
16.3 Termination of Services by Snagajob. If Snagajob believes that you have materially breached any provision of the Terms, or if Snagajob is required to do so by law (e.g., where the provision of the Website, the Application, the Software or the Services is, or becomes, unlawful), or if Snagajob believes it is necessary in order to protect the Snagajob Properties or other users, Snagajob has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause will be made in Snagajob’s sole discretion and that Snagajob will not be liable to you or any third party for any termination of your Account.
16.4 Termination of Services by You. If you want to terminate the Services provided by Snagajob, you may do so by (a) notifying Snagajob at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Snagajob's at 4851 Lake Brook Drive, Richmond, VA 23060. Note that if you are an Employer or a Shifts Client, you are subject to any additional terms relating to termination of Sales Orders set forth in the Snagajob Employer Terms or the Snagajob Shifts Terms.
16.5 Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Snagajob will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, will survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
16.6 No Subsequent Registration. If your registration(s) with or ability to access Snagajob Properties, or any other Snagajob community is discontinued by Snagajob due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you will not attempt to re-register with or access Snagajob Properties or any Snagajob community through use of a different member name or otherwise. If you violate the immediately preceding sentence, Snagajob reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
17. International Users. Snagajob Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Snagajob intends to announce such Services or Content in your country. Snagajob Properties are controlled and offered by Snagajob from its facilities in the United States of America. Snagajob makes no representations that Snagajob Properties are appropriate or available for use in other locations. Those who access or use Snagajob Properties from other countries do so at their own volition and are responsible for compliance with local law.
18. Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Snagajob and limits the manner in which you can seek relief from Us.
IF YOU AGREE TO ARBITRATION WITH SNAGAJOB, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST SNAGJOB ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE SNAGAJOB IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
18.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at Snagajob.com, Inc., c/o Corporation Service Company, 251 Little Falls Drive, Wilmington, Delaware, 19808 and/or e-mail [email protected]. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Snagajob will pay them for you. In addition, Snagajob will reimburse all such JAMS filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Snagajob will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
18.3 Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Snagajob. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
18.4 Waiver of Jury Trial. YOU AND SNAGAJOB HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Snagajob are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 18.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
18.5 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in Sections 19.6 and 19.7.
18.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Snagajob, 4851 Lake Brook Drive, Glen Allen, VA 23060, Attention: Legal or e-mail [email protected] within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Snagajob username (if any), the e-mail address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
18.7 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
18.8 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Snagajob.
18.9 Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Snagajob makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Snagajob.
19. General Provisions.
19.2 Release. You hereby release the Snagajob Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Snagajob Properties, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of Snagajob Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states,
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Snagajob or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website.
19.3 Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Snagajob’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
19.4 Force Majeure. Snagajob will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics or epidemics, strikes, shortages of transportation facilities, fuel, energy, labor or materials or other conditions outside Snagajob’s reasonable control that discontinue normal business operations.
19.5 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Snagajob Properties, please contact us via here. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
19.6 Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
19.7 Notice. You are responsible for providing your most current e-mail address in your profile, on the Website and in the Application. If the last e-mail address you provided to Snagajob is not valid, or for any reason is not capable of delivering to you any notices required or permitted by the Terms, Snagajob’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Snagajob via e-mail at the following address: [email protected].
19.8 Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
19.9 Severability. If any portion of the Terms is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
19.10 Export Control. You may not use, export, import, or transfer Snagajob Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Snagajob Properties, and any other applicable laws. In particular, but without limitation, Snagajob Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Snagajob Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Snagajob Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Snagajob are subject to the export control laws and regulations of the United States. You will comply with these laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer Snagajob products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
19.11 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
19.12 Entire Agreement. The Terms constitute the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
End of General Terms of Service
Effective July 23, 2021 to August 6, 2021
DownloadTable of Contents
Snagajob General Terms of Use
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated: July 23, 2021
Please read these Snagajob General Terms of Use (these “General Terms of Use”) carefully.
The websites located at www.snagajob.com, work.snag.co , www.nowhiring.com and (collectively, the “Website”), is a copyrighted work belonging to Snagajob.com, Inc., Snag.Work LLC, or one of their affiliates (“Snagajob”, “We”, “Us”, or “Our”). Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features, including but not limited to, additional supplemental terms related to who you are and how you are using the Website (the “Specific Terms”). All such Specific Terms and other additional terms, guidelines, and rules are incorporated by reference into these General Terms of Use.
These General Terms of Use govern the use of the Website and any mobile application owned or controlled by Us (collectively, “Application”), and apply to all users visiting the Website or Application, accessing, or using the Website or Application in any way, including using the services and resources available or enabled via the Website and Application (each a “Service” and collectively, the “Services”). The Website, the Application, the Services, and the information and content available on the Website and in the Application and the Services are collectively referred to as the “Snagajob Properties”)
THESE GENERAL TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE. BY CLICKING ON THE [“I ACCEPT”] BUTTON, COMPLETING THE REGISTRATION PROCESS, BROWSING THE WEBSITE OR DOWNLOADING THE APPLICATION, OR ENTERING INTO A SALES ORDER OR WHEN YOU SUBMIT AN ORDER ON THE WEBSITE OR APPLICATION (WITH RESPECT TO EMPLOYERS), YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE GENERAL TERMS OF USE (AND THE APPLICABLE SPECIFIC TERMSS), (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SNAGAJOB, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE GENERAL TERMS OF USE PERSONALLY OR ON BEHALF OF THE EMPLOYER YOU HAVE NAMED AS THE USER, AND TO BIND THAT EMPLOYER TO THESE GENERAL TERMS OF USE (COLLECTIVELY, THE “AGREEMENT”). THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTER ON THE WEBSITE OR APPLICATION. IF YOU DO NOT AGREE TO BE BOUND BY THE GENERAL TERMS OF USE AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE, THE APPLICATION OR THE SERVICES.
PLEASE BE AWARE THAT SECTION 18 OF THESE GENERAL TERMS OF USE, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
Please note that these General Terms of Use are supplemented by the Privacy Policy and the Specific Terms, as follows:
Snagajob Employer Terms: If you are an entity or individual (“Employer”) who accesses and uses the Services to post or submit advertisements for review by Job Seekers (as defined below) or otherwise accesses any Services designed for Employers (but excluding Shifts Clients as defined below), the Employer Terms also governs your use of the Services and any Sales Order (as defined herein) entered into by you and Snagajob. You, as an Employer, hereby acknowledge and agree that you are bound by the Snagajob Employer Terms as part of these General Terms of Use.
Snagajob Job Seeker Terms: If you are accessing or using the Services to respond to job advertisements posted by Employers for full-time or part-time employment or to search for or sign up for shifts (a “Job Seeker”), or otherwise access any Services designed for Job Seekers, then the Job Seeker Terms also governs your use of such Services, and you hereby acknowledge and agree that you are bound by the Snagajob Job Seeker Terms of Use as part of these General Terms of Use.
Snagajob Shifts Terms: If you are an employer who is accessing and using the Services to post solicitations of Snagajob Workers to fill shift-work positions (“Shifts Clients”) or otherwise access any Services designed for Shifts Clients (“Shifts Services”), the Shifts Terms governs any agreement entered into by the Shifts Clients and Snagajob. You hereby acknowledge and agree that you are bound by the Snagajob Shifts Terms as part of these General Terms of Use.
Snagajob Shifts Workers : If you are accessing and using the Services to respond to shift postings by Shifts Clients for the purpose of securing short-term shift work opportunities (a “Snagajob Workers”) or otherwise access any Services designed for Snagajob Workers, a separate offer letter will constitute the agreement entered into by you, as a Snagajob Worker and Us. You hereby acknowledge and agree that you will be bound by such offer letter as part of these General Terms of Use.
Note that one or more of these documents may apply to you, and in such event, you agree to be bound by the terms and conditions of all such applicable Terms. To the extent, if any, that these General Terms of Use are inconsistent with the Specific Terms, the Specific Terms will control to the extent of such inconsistency and with respect to such Service. These General Terms of Use and any applicable Specific Term(s) are referred to herein as the “Terms.”
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY SNAGAJOB IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Snagajob will make a new copy of the changed Terms available at the Website and within the Applications and any changes to a Specific Terms will be made available from within, or through, the affected Service on the Website or within the Application. We will also update the “Last Updated” date at the top of the changed Terms. If we make any material changes, we will update the Snagajob Knowledge Base with a summary of such material changes, and if you are an Active User, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. “Active User” means a user who has registered with us to create an Account (as defined in Section 3.1 below) and has logged into and interacted with the Services at least once during the six months immediately prior to the date the material changes to these Terms were made. Any changes to the Terms will be effective immediately for new Users of the Website, the Application or Services and will be effective 30 days after posting notice of such changes on the Website for existing Users, provided that any material changes will be effective for Users who have an Account with us upon the earlier of 30 days after posting notice of such changes on the Website or 30 days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 3.1 below). Snagajob may require you to provide consent to the updated Terms in a specified manner before further use of the Website, the Application or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using the Website, the Application and/or the Services. Otherwise, your continued use of the Website, the Application or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
1. Services. Snagajob provides Services that are designed to connect Job Seekers and Shifts Workers with Employers and Shifts Clients. Job Seekers may also store certain personal and resume-related information in a standard format designed for easy sharing with employers and job recruiters. We do this by enabling Job Seekers and Snagajob Workers to submit applications to Employers and Shifts Clients through job postings and enabling Employers to invite Job Seekers and Snagajob Workers to apply for jobs or shifts.
2. Use of the Services and Snagajob Properties. The Snagajob Properties are protected by copyright laws.. Subject to the Terms, Snagajob grants you a limited license to reproduce portions of Snagajob Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Snagajob in a separate license, your right to use any Snagajob Properties is subject to the Terms.
2.2 Updates. You understand that Snagajob Properties are evolving. As a result, Snagajob may require you to accept updates to Snagajob Properties that you have installed on your computer or mobile device. You acknowledge and agree that Snagajob may update Snagajob Properties with or without notifying you. You may need to update third-party software from time to time in order to use Snagajob Properties.
2.3 Certain Restrictions. You acknowledge and agree that the rights granted to you in the Terms are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Snagajob Properties or any portion of Snagajob Properties, including the Website, (b) you will not frame or utilize framing techniques to enclose any trademark, logo, or other Snagajob Properties (including images, text, page layout or form) of Snagajob; (c) you will not use any metatags or other “hidden text” using Snagajob’s name or trademarks; (d) you will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Snagajob Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you will not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website 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); (f) you will not access Snagajob Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Snagajob Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you will not remove or destroy any copyright notices or other proprietary markings contained on or in Snagajob Properties. Any future release, update or other addition to Snagajob Properties will be subject to the Terms. Snagajob, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of Snagajob Properties terminates the licenses granted by Snagajob pursuant to the Terms.
2.4 Third-Party Materials. As a part of the Snagajob Properties, you may have access to materials that are hosted by another party. You acknowledge and agree that it is impossible for Snagajob to monitor such materials and that you access these materials at your own risk.
3. Registration.
3.2. Registration Data. In registering an account on the Website or Application, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least 13 years old, and if you are between 13 and 18, you are accessing and using the Services under the supervision of your parent or legal guardian, who is bound to these Terms, in which case ”you” as used in this Terms of Use includes your parent or legal guardian; (2) of legal age to form a binding contract or under the supervision of a parent or legal guardian who is of legal age to form a binding contract; and (3) not a person barred from using Snagajob Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Snagajob immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or Snagajob has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Snagajob has the right to suspend or terminate your Account and refuse any and all current or future use of Snagajob Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you will not have more than one Account at any given time. Snagajob reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Snagajob Properties if you have been previously removed by Snagajob, or if you have been previously banned from any of Snagajob Properties.
3.3 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Snagajob Properties, including but not limited to, a mobile device that is suitable to connect with and use Snagajob Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Snagajob Properties. By providing your cellphone number and using the Services, you hereby affirmatively consent to our use of your cellphone number for calls and texts in order to perform and improve upon the Services. Snagajob will not assess and charge for any calls or texts, but standard message charges or other charges from your wireless carrier may apply.
4. Responsibility for Content.
4.2 No Obligation to Pre-Screen Content. You acknowledge and agree that Snagajob has no obligation to pre-screen Content (including, but not limited to, User Content), although Snagajob reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. If Snagajob pre-screens, refuses or removes any Content, you acknowledge and agree that Snagajob will do so for Snagajob’s benefit, or the benefit of the online community that we serve, not yours. Without limiting the foregoing, Snagajob will have the right to remove any Content that violates the Terms or is otherwise objectionable.
4.3 Storage. Unless expressly agreed to by Snagajob in writing elsewhere, Snagajob has no obligation to store any of Your Content that you Make Available on Snagajob Properties. Snagajob has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Snagajob Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Snagajob retains the right to create reasonable limits on Snagajob’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Snagajob in its sole discretion.
5. Ownership.
5.2 Trademarks. “SNAGAJOB”, “SNAGAJOB.COM”, “THE #1 SOURCE FOR HOURLY EMPLOYMENT”, “PEOPLEMATTER” and other related graphics, logos, service marks and trade names used on or in connection with Snagajob Properties or in connection with the Services are the trademarks of Snagajob and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Snagajob Properties are the property of their respective owners.
5.3 Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in Snagajob Properties.
5.4 Your Content. Snagajob does not claim ownership of Your Content. However, when you post or publish Your Content on or in Snagajob Properties, you represent that you own or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
5.5 License to Your Content. Subject to any applicable account settings that you select, you grant Snagajob a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing Snagajob Properties to you and to our other Users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Snagajob, are responsible for all of Your Content that you Make Available on or in Snagajob Properties.
5.6 Investigations. Snagajob may, but is not obligated to, monitor or review Snagajob Properties and Content at any time. Without limiting the foregoing, Snagajob will have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although Snagajob does not generally monitor user activity occurring in connection with Snagajob Properties or Content, if Snagajob becomes aware of any possible violations by you of any provision of the Terms, Snagajob reserves the right to investigate such violations, and Snagajob may, at its sole discretion, immediately terminate your license to use Snagajob Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
5.7 Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments, or any other area on Snagajob Properties, you hereby expressly permit Snagajob to identify you by your username as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
5.8 Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
5.9 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Snagajob through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Snagajob has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Snagajob a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Snagajob Properties.
6. User Conduct. As a condition of your use of the Snagajob Properties, you agree not to use Snagajob Properties for any purpose that is prohibited by the Terms. You will not (and will not permit any third party to) either (a) take any action or (b) Make Available any Content on or through Snagajob Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Snagajob’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Snagajob; (vi) interferes with or attempt to interfere with the proper functioning of Snagajob Properties or uses Snagajob Properties in any way not expressly permitted by the Terms; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against Snagajob Properties, including but not limited to violating or attempting to violate any security features of Snagajob Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Snagajob Properties, introducing viruses, worms, or similar harmful code into Snagajob Properties, or interfering or attempting to interfere with use of Snagajob Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Snagajob Properties.
7. Removal of Content.
7.1 General. Snagajob reserves the right to refuse to post or remove any Content submitted or posted to or through the Services. Notwithstanding the foregoing, you acknowledge that Snagajob is under no obligation to edit or modify any Content or decide any dispute or disagreement between the posters and will have no liability to you for any Content. Snagajob does not assume liability for Content or for any claims for economic loss resulting from Content. Snagajob may remove any Content in the event it determines, in its sole discretion, that Content submitted:
Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical, emotional or sexual harm of any kind against any group or individual;
Solicits personal information from anyone under age 18;
Violates another person’s privacy rights or that impersonates any person or entity;
Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any securities exchange, including but not limited to, the New York Stock Exchange (NYSE) and/or the NASDAQ;
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy or providing or creating computer viruses;
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;
Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Snagajob or any Employer;
Is private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, social security numbers and credit card numbers;
Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
Is unrelated to the topic of the Reviews or Employer for which such Review is posted;
Contains misleading, unreadable, or “hidden” keywords, repeated words, or keywords, the names, logos or trademarks of unaffiliated companies, the names of colleges, cities, states town or other jurisdictions that are irrelevant or inapplicable to the job opportunity being presented, as determined by Snag in its sole discretion;
In the case of job postings Content, contains more than one job position or description
(i) is otherwise objectionable, (ii) restricts or inhibits any other person from using or enjoying the Services, or (iii) may expose Snagajob or its users (including any Employer or Shifts Client) to any harm or liability of any type;
May not be in the best interests of the online community that we serve or the efficient operations of the Services.
7.2 Job Postings Content. Snagajob may remove any job posting Content in the event it determines, in its sole discretion, that the job posting Content:
Does not comply with applicable federal, state, local, or international laws, including but not limited to laws relating to labor and employment, equal employment opportunity, and employment eligibility requirements, data privacy, data access and use, and intellectual property;
Involves a criminal enterprise or would require engaging in illegal activity to perform such job;
Advertises for a competitor of Snagajob or contains links to any site competitive with Snagajob;
Is for a position that has expired;
Directs or requires the applicant to apply for the position by any means other than through the Snagajob Properties;
Sells, promotes, or advertises products or services;
Promotes any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement or any employment, job or business opportunity that requires an up-front or periodic payment or requires recruitment of other members, sub-distributors, or subagents;
Advertises for modeling, acting, talent, or entertainment agencies or talent scouting positions;
Directly or indirectly advertises or promotes another website, product, or service, or solicits other users for other websites, products, or services, including advertising to recruit users to join an agency or another website or company;
Requests or demands free services, including a requirement to submit work as part of a proposal process for little or no money, or requests a fee before allowing an applicant to submit a proposal;
Shares or solicits contact information, such as e-mail, phone number or social media usernames, in a profile or job post;
Advertises sexual services or seek employees for jobs of a sexual nature;
Requests the use of human body parts or the donation of human parts, including without limitation, reproductive services such as egg donation and surrogacy;
Advertises jobs located in countries subject to economic sanctions of the United States government;
Contains a URL or hyperlink, or an email address or phone number;
Except where allowed by applicable laws, requires the applicant to provide information relating to the applicant’s racial or ethnic origin; political beliefs; philosophical or religious beliefs; membership of a trade union; physical or mental health; sexual health; commission of criminal offenses; or age; or
May be misleading, objectionable, inappropriate, or not in the best interests of the online community that we serve or the efficient operation of our Services.
7.3 Reporting. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of the Terms.
8. Interactions with Other Users.
8.2 Content Provided by Other Users. Snagajob Properties may contain User Content provided by other users. Snagajob is not responsible for and does not control User Content. Snagajob has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk.
8.3 No Authentication of Users. You understand and agree that Snagajob does not, and cannot, confirm that each user is who they claim to be. We are not responsible for authenticating users and therefore it is your responsibility to conduct the appropriate due diligence before communicating or interacting with other users, including, without limitation, Employers, Shifts Clients, Job Seekers, and Snagajob Workers. You assume all risks associated with users with whom you come into contact. If you have any disputes or issues with any user you agree to pursue any remedies directly with the applicable user and you release Snagajob, its subsidiaries, and their respective employees, directors and agents from all claims, demands and damages of every kind (actual and consequential and direct and indirect) known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.
9. Third-Party Services, Portals, Gift Cards and Other Websites.
9.2 Third Party Portals. Snagajob Properties may be made available to you through the use of third-party web sites (“Third-Party Portals”). Such Third-Party Portals are not under the control of Snagajob. Snagajob is not responsible for any Third-Party Portals.
9.3 Gift Cards. Snagajob offers third-party merchant (“Merchant”) gift cards (“Gift Cards”). When purchasing a Gift Card, you must provide your billing information (e.g., credit or debit card number at check-out. Gift Cards are non-refundable. Such Gift Cards may not be reloaded, resold, or used for payment outside of the Merchant’s website; used for unauthorized advertising, marketing, sweepstakes, or other promotional purposes; redeemed for more than face value; transferred for value; redeemed for cash (except to the extent required by law); or returned for a cash refund (except to the extent required by law). Gift Cards may not be redeemed for cash (except to the extent required by law). You further agree and understand that Snagajob has no liability for the loss of such Gift Card after its receipt, so please protect your Gift Card balance as necessary. For issues related to the use of (rather than the receipt of) a Gift Card, the applicable Merchant’s customer service will be responsible. You further agree and understand that Merchants are solely responsible to you for your ability to use, and the terms of usage of the Gift Cards. Each Merchant’s terms of use for its Gift Card(s) are available on the Merchant’s website, and those terms and conditions exclusively govern use of that Merchant’s Gift Card(s). Snagajob is not and shall not be in any manner responsible or liable for any Merchant actions, policies, or practices.TO THE FULL EXTENT PERMISSIBLE BY LAW, SNAGAJOB MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.”
9.4 Accessing and Downloading the Application from iTunes. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
You acknowledge and agree that (i) the Terms are concluded between you and Snagajob only, and not Apple, and (ii) Snagajob, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Snagajob and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Snagajob.
You and Snagajob acknowledge that, as between Snagajob and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Snagajob acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Snagajob and Apple, Snagajob, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
You and Snagajob acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
9.5. Accessing and Downloading the Application from Google Play. The following applies to any Google Play Sourced Application accessed through or downloaded from Google Play:
You acknowledge and agree that (i) the Agreement are concluded between you and Snagajob only, and not Google, Inc. (“Google”), and (ii) Snagajob, not Google, is solely responsible for the Google Play Sourced Application and content thereof. Your use of the Google Play Sourced Application must comply with the Google Play Agreement of Service.
Google is only a provider of Google Play where you obtained the Google Play Sourced Application.
Snagajob, and not Google, is solely responsible for its Google Play Sourced Application;
Google has no obligation or liability to you with respect to Snagajob’s Google Play Sourced Application or this Agreement; and
You acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to Snagajob’s Google Play Sourced Application.
10. SMS Messaging.
10.2 How to Opt Out. You can cancel the SMS texting service at any time. Just text “STOP” in response to any text message you receive from us. After you send the SMS message “STOP” to us, we will send you an SMS to confirm that you have been unsubscribed. After this you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again. If at any time you forget what keywords are supported, just text “HELP” in response to any text message you receive from us. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our SMS Texting Services as well as how to unsubscribe. Message frequency depends on the user’s interaction. If you have any questions regarding privacy, please read our Privacy Policy or contact us here.
10.3 Mobile Carrier Charges. We do not charge for our SMS Texting Services; however, your mobile carrier’s standard data and messaging rates will apply. By providing your consent to participate in a SMS Texting Service, you approve any such charges from your mobile carrier. You represent that you are 13 years of age or older and the owner or authorized user of the mobile device associated with the telephone number you designate to receive messages from the applicable SMS Texting Service. You also represent that you are authorized to approve the applicable carrier charges. If you have any questions regarding your mobile carrier charges, please contact your mobile carrier directly.
10.4 Privacy. Data obtained from you in connection with the SMS Texting Services may include your name, address, mobile phone number, your mobile service provider’s name, and the date, time, and content of your messages. Our use of this information will be in accordance with our Privacy Policy. Your mobile carrier and other service providers may also collect data about your mobile device usage, and their practices are governed by their own policies.
10.5 Disclaimers. You acknowledge and agree that the SMS Texting Services are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We will not be liable for any delays in the receipt of any text messages, as delivery is subject to effective transmission from your network operator. The SMS Texting Services are provided on an AS-IS basis. We do not guarantee that your use of these services will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Texting Services.
11. Indemnification. You agree to indemnify and hold Snagajob, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Snagajob Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, Snagajob Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Snagajob reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Snagajob in asserting any available defenses. This provision does not require you to indemnify any of the Snagajob Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Snagajob Properties.
12. Disclaimer of Warranties and Conditions.
12.2 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT SNAGAJOB PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SNAGAJOB PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE WEBSITE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
12.3 No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF SNAGAJOB PROPERTIES. YOU UNDERSTAND THAT SNAGAJOB DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF SNAGAJOB PROPERTIES.
13. Limitation of Liability.
13.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL SNAGAJOB BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) $50.00, AND (B) THE LIABILITY CAP AMOUNT SET FORTH IN THE APPLICABLE SPECIFIC TERM, IF ANY. THE FOREGOING CAP ON LIABILITY WILL NOT APPLY TO LIABILITY OF A SNAGAJOB PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A SNAGAJOB PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A SNAGAJOB PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) IF OTHERWISE PROVIDED FOR BY A CONTRACT WITH SNAGAJOB.
13.3 USER CONTENT. EXCEPT FOR SNAGAJOB’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE SNAGAJOB’S PRIVACY POLICY, SNAGAJOB ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
13.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SNAGAJOB AND YOU.
14. Procedure for Making Claims of Copyright Infringement. It is Snagajob’s policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to Snagajob by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Snagajob Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Snagajob Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Snagajob Copyright Agent for notice of claims of copyright infringement is as follows: [email protected]
15. Remedies.
15.2 Breach. If Snagajob determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for Snagajob Properties, Snagajob reserves the right to:
Warn you via e-mail (to any e-mail address you have provided to Snagajob) that you have violated the Terms;
Discontinue your registration(s) with any of the Snagajob Properties, including any Services or any Snagajob community;
Discontinue your subscription to any Services;
Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
Pursue any other action which Snagajob deems to be appropriate.
16. Term and Termination.
16.2 Prior Use. Notwithstanding the foregoing, if you used Snagajob Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced to be binding on the date you first used Snagajob Properties (whichever is earlier) and will remain in full force and effect while you use Snagajob Properties, unless earlier terminated in accordance with the Terms.
16.3 Termination of Services by Snagajob. If Snagajob believes that you have materially breached any provision of the Terms, or if Snagajob is required to do so by law (e.g., where the provision of the Website, the Application, the Software or the Services is, or becomes, unlawful), or if Snagajob believes it is necessary in order to protect the Snagajob Properties or other users, Snagajob has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause will be made in Snagajob’s sole discretion and that Snagajob will not be liable to you or any third party for any termination of your Account.
16.4 Termination of Services by You. If you want to terminate the Services provided by Snagajob, you may do so by (a) notifying Snagajob at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Snagajob's at 4851 Lake Brook Drive, Richmond, VA 23060. Note that if you are an Employer or a Shifts Client, you are subject to any additional terms relating to termination of Sales Orders set forth in the Snagajob Employer Terms or the Snagajob Shifts Terms.
16.5 Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Snagajob will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, will survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
16.6 No Subsequent Registration. If your registration(s) with or ability to access Snagajob Properties, or any other Snagajob community is discontinued by Snagajob due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you will not attempt to re-register with or access Snagajob Properties or any Snagajob community through use of a different member name or otherwise. If you violate the immediately preceding sentence, Snagajob reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
17. International Users. Snagajob Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Snagajob intends to announce such Services or Content in your country. Snagajob Properties are controlled and offered by Snagajob from its facilities in the United States of America. Snagajob makes no representations that Snagajob Properties are appropriate or available for use in other locations. Those who access or use Snagajob Properties from other countries do so at their own volition and are responsible for compliance with local law.
18. Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Snagajob and limits the manner in which you can seek relief from Us.
IF YOU AGREE TO ARBITRATION WITH SNAGAJOB, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST SNAGJOB ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE SNAGAJOB IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
18.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at Snagajob.com, Inc., c/o Corporation Service Company, 251 Little Falls Drive, Wilmington, Delaware, 19808 and/or e-mail [email protected]. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Snagajob will pay them for you. In addition, Snagajob will reimburse all such JAMS filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Snagajob will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
18.3 Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Snagajob. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
18.4 Waiver of Jury Trial. YOU AND SNAGAJOB HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Snagajob are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 18.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
18.5 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in Sections 19.6 and 19.7.
18.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Snagajob, 4851 Lake Brook Drive, Glen Allen, VA 23060, Attention: Legal or e-mail [email protected] within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Snagajob username (if any), the e-mail address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
18.7 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
18.8 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Snagajob.
18.9 Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Snagajob makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Snagajob.
19. General Provisions.
19.2 Release. You hereby release the Snagajob Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Snagajob Properties, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of Snagajob Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states,
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Snagajob or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website.
19.3 Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Snagajob’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
19.4 Force Majeure. Snagajob will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics or epidemics, strikes, shortages of transportation facilities, fuel, energy, labor or materials or other conditions outside Snagajob’s reasonable control that discontinue normal business operations.
19.5 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Snagajob Properties, please contact us via here. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
19.6 Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
19.7 Notice. You are responsible for providing your most current e-mail address in your profile, on the Website and in the Application. If the last e-mail address you provided to Snagajob is not valid, or for any reason is not capable of delivering to you any notices required or permitted by the Terms, Snagajob’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Snagajob via e-mail at the following address: [email protected].
19.8 Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
19.9 Severability. If any portion of the Terms is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
19.10 Export Control. You may not use, export, import, or transfer Snagajob Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Snagajob Properties, and any other applicable laws. In particular, but without limitation, Snagajob Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Snagajob Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Snagajob Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Snagajob are subject to the export control laws and regulations of the United States. You will comply with these laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer Snagajob products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
19.11 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
19.12 Entire Agreement. The Terms constitute the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
End of General Terms of Service
Effective July 23, 2021 to July 23, 2021
DownloadTable of Contents
Snagajob General Terms of Use
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated: July 23, 2021
Please read these Snagajob General Terms of Use (these “General Terms of Use”) carefully.
The websites located at www.snagajob.com, work.snag.co , www.nowhiring.com and (collectively, the “Website”), is a copyrighted work belonging to Snagajob.com, Inc., Snag.Work LLC, or one of their affiliates (“Snagajob”, “We”, “Us”, or “Our”). Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features, including but not limited to, additional supplemental terms related to who you are and how you are using the Website (the “Specific Terms”). All such Specific Terms and other additional terms, guidelines, and rules are incorporated by reference into these General Terms of Use.
These General Terms of Use govern the use of the Website and any mobile application owned or controlled by Us (collectively, “Application”), and apply to all users visiting the Website or Application, accessing, or using the Website or Application in any way, including using the services and resources available or enabled via the Website and Application (each a “Service” and collectively, the “Services”). The Website, the Application, the Services, and the information and content available on the Website and in the Application and the Services are collectively referred to as the “Snagajob Properties”)
THESE GENERAL TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE. BY CLICKING ON THE [“I ACCEPT”] BUTTON, COMPLETING THE REGISTRATION PROCESS, BROWSING THE WEBSITE OR DOWNLOADING THE APPLICATION, OR ENTERING INTO A SALES ORDER OR WHEN YOU SUBMIT AN ORDER ON THE WEBSITE OR APPLICATION (WITH RESPECT TO EMPLOYERS), YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE GENERAL TERMS OF USE (AND THE APPLICABLE SPECIFIC TERMSS), (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SNAGAJOB, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE GENERAL TERMS OF USE PERSONALLY OR ON BEHALF OF THE EMPLOYER YOU HAVE NAMED AS THE USER, AND TO BIND THAT EMPLOYER TO THESE GENERAL TERMS OF USE (COLLECTIVELY, THE “AGREEMENT”). THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTER ON THE WEBSITE OR APPLICATION. IF YOU DO NOT AGREE TO BE BOUND BY THE GENERAL TERMS OF USE AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE, THE APPLICATION OR THE SERVICES.
PLEASE BE AWARE THAT SECTION 18 OF THESE GENERAL TERMS OF USE, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
Please note that these General Terms of Use are supplemented by the Privacy Policy and the Specific Terms, as follows:
Snagajob Employer Terms: If you are an entity or individual (“Employer”) who accesses and uses the Services to post or submit advertisements for review by Job Seekers (as defined below) or otherwise accesses any Services designed for Employers (but excluding Shifts Clients as defined below), the Employer Terms also governs your use of the Services and any Sales Order (as defined herein) entered into by you and Snagajob. You, as an Employer, hereby acknowledge and agree that you are bound by the Snagajob Employer Terms as part of these General Terms of Use.
Snagajob Job Seeker Terms: If you are accessing or using the Services to respond to job advertisements posted by Employers for full-time or part-time employment or to search for or sign up for shifts (a “Job Seeker”), or otherwise access any Services designed for Job Seekers, then the Job Seeker Terms also governs your use of such Services, and you hereby acknowledge and agree that you are bound by the Snagajob Job Seeker Terms of Use as part of these General Terms of Use.
Snagajob Shifts Terms: If you are an employer who is accessing and using the Services to post solicitations of Snagajob Workers to fill shift-work positions (“Shifts Clients”) or otherwise access any Services designed for Shifts Clients (“Shifts Services”), the Shifts Terms governs any agreement entered into by the Shifts Clients and Snagajob. You hereby acknowledge and agree that you are bound by the Snagajob Shifts Terms as part of these General Terms of Use.
Snagajob Shifts Workers : If you are accessing and using the Services to respond to shift postings by Shifts Clients for the purpose of securing short-term shift work opportunities (a “Snagajob Workers”) or otherwise access any Services designed for Snagajob Workers, a separate offer letter will constitute the agreement entered into by you, as a Snagajob Worker and Us. You hereby acknowledge and agree that you will be bound by such offer letter as part of these General Terms of Use.
Note that one or more of these documents may apply to you, and in such event, you agree to be bound by the terms and conditions of all such applicable Terms. To the extent, if any, that these General Terms of Use are inconsistent with the Specific Terms, the Specific Terms will control to the extent of such inconsistency and with respect to such Service. These General Terms of Use and any applicable Specific Term(s) are referred to herein as the “Terms.”
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY SNAGAJOB IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Snagajob will make a new copy of the changed Terms available at the Website and within the Applications and any changes to a Specific Terms will be made available from within, or through, the affected Service on the Website or within the Application. We will also update the “Last Updated” date at the top of the changed Terms. If we make any material changes, we will update the Snagajob Knowledge Base with a summary of such material changes, and if you are an Active User, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. “Active User” means a user who has registered with us to create an Account (as defined in Section 3.1 below) and has logged into and interacted with the Services at least once during the six months immediately prior to the date the material changes to these Terms were made. Any changes to the Terms will be effective immediately for new Users of the Website, the Application or Services and will be effective 30 days after posting notice of such changes on the Website for existing Users, provided that any material changes will be effective for Users who have an Account with us upon the earlier of 30 days after posting notice of such changes on the Website or 30 days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 3.1 below). Snagajob may require you to provide consent to the updated Terms in a specified manner before further use of the Website, the Application or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using the Website, the Application and/or the Services. Otherwise, your continued use of the Website, the Application or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
1. Services. Snagajob provides Services that are designed to connect Job Seekers and Shifts Workers with Employers and Shifts Clients. Job Seekers may also store certain personal and resume-related information in a standard format designed for easy sharing with employers and job recruiters. We do this by enabling Job Seekers and Snagajob Workers to submit applications to Employers and Shifts Clients through job postings and enabling Employers to invite Job Seekers and Snagajob Workers to apply for jobs or shifts.
2. Use of the Services and Snagajob Properties. The Snagajob Properties are protected by copyright laws.. Subject to the Terms, Snagajob grants you a limited license to reproduce portions of Snagajob Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Snagajob in a separate license, your right to use any Snagajob Properties is subject to the Terms.
2.2 Updates. You understand that Snagajob Properties are evolving. As a result, Snagajob may require you to accept updates to Snagajob Properties that you have installed on your computer or mobile device. You acknowledge and agree that Snagajob may update Snagajob Properties with or without notifying you. You may need to update third-party software from time to time in order to use Snagajob Properties.
2.3 Certain Restrictions. You acknowledge and agree that the rights granted to you in the Terms are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Snagajob Properties or any portion of Snagajob Properties, including the Website, (b) you will not frame or utilize framing techniques to enclose any trademark, logo, or other Snagajob Properties (including images, text, page layout or form) of Snagajob; (c) you will not use any metatags or other “hidden text” using Snagajob’s name or trademarks; (d) you will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Snagajob Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you will not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website 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); (f) you will not access Snagajob Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Snagajob Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you will not remove or destroy any copyright notices or other proprietary markings contained on or in Snagajob Properties. Any future release, update or other addition to Snagajob Properties will be subject to the Terms. Snagajob, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of Snagajob Properties terminates the licenses granted by Snagajob pursuant to the Terms.
2.4 Third-Party Materials. As a part of the Snagajob Properties, you may have access to materials that are hosted by another party. You acknowledge and agree that it is impossible for Snagajob to monitor such materials and that you access these materials at your own risk.
3. Registration.
3.2. Registration Data. In registering an account on the Website or Application, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least 13 years old, and if you are between 13 and 18, you are accessing and using the Services under the supervision of your parent or legal guardian, who is bound to these Terms, in which case ”you” as used in this Terms of Use includes your parent or legal guardian; (2) of legal age to form a binding contract or under the supervision of a parent or legal guardian who is of legal age to form a binding contract; and (3) not a person barred from using Snagajob Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Snagajob immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or Snagajob has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Snagajob has the right to suspend or terminate your Account and refuse any and all current or future use of Snagajob Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you will not have more than one Account at any given time. Snagajob reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Snagajob Properties if you have been previously removed by Snagajob, or if you have been previously banned from any of Snagajob Properties.
3.3 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Snagajob Properties, including but not limited to, a mobile device that is suitable to connect with and use Snagajob Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Snagajob Properties. By providing your cellphone number and using the Services, you hereby affirmatively consent to our use of your cellphone number for calls and texts in order to perform and improve upon the Services. Snagajob will not assess and charge for any calls or texts, but standard message charges or other charges from your wireless carrier may apply.
4. Responsibility for Content.
4.2 No Obligation to Pre-Screen Content. You acknowledge and agree that Snagajob has no obligation to pre-screen Content (including, but not limited to, User Content), although Snagajob reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. If Snagajob pre-screens, refuses or removes any Content, you acknowledge and agree that Snagajob will do so for Snagajob’s benefit, or the benefit of the online community that we serve, not yours. Without limiting the foregoing, Snagajob will have the right to remove any Content that violates the Terms or is otherwise objectionable.
4.3 Storage. Unless expressly agreed to by Snagajob in writing elsewhere, Snagajob has no obligation to store any of Your Content that you Make Available on Snagajob Properties. Snagajob has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Snagajob Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Snagajob retains the right to create reasonable limits on Snagajob’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Snagajob in its sole discretion.
5. Ownership.
5.2 Trademarks. “SNAGAJOB”, “SNAGAJOB.COM”, “THE #1 SOURCE FOR HOURLY EMPLOYMENT”, “PEOPLEMATTER” and other related graphics, logos, service marks and trade names used on or in connection with Snagajob Properties or in connection with the Services are the trademarks of Snagajob and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Snagajob Properties are the property of their respective owners.
5.3 Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in Snagajob Properties.
5.4 Your Content. Snagajob does not claim ownership of Your Content. However, when you post or publish Your Content on or in Snagajob Properties, you represent that you own or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
5.5 License to Your Content. Subject to any applicable account settings that you select, you grant Snagajob a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing Snagajob Properties to you and to our other Users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Snagajob, are responsible for all of Your Content that you Make Available on or in Snagajob Properties.
5.6 Investigations. Snagajob may, but is not obligated to, monitor or review Snagajob Properties and Content at any time. Without limiting the foregoing, Snagajob will have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although Snagajob does not generally monitor user activity occurring in connection with Snagajob Properties or Content, if Snagajob becomes aware of any possible violations by you of any provision of the Terms, Snagajob reserves the right to investigate such violations, and Snagajob may, at its sole discretion, immediately terminate your license to use Snagajob Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
5.7 Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments, or any other area on Snagajob Properties, you hereby expressly permit Snagajob to identify you by your username as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
5.8 Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
5.9 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Snagajob through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Snagajob has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Snagajob a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Snagajob Properties.
6. User Conduct. As a condition of your use of the Snagajob Properties, you agree not to use Snagajob Properties for any purpose that is prohibited by the Terms. You will not (and will not permit any third party to) either (a) take any action or (b) Make Available any Content on or through Snagajob Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Snagajob’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Snagajob; (vi) interferes with or attempt to interfere with the proper functioning of Snagajob Properties or uses Snagajob Properties in any way not expressly permitted by the Terms; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against Snagajob Properties, including but not limited to violating or attempting to violate any security features of Snagajob Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Snagajob Properties, introducing viruses, worms, or similar harmful code into Snagajob Properties, or interfering or attempting to interfere with use of Snagajob Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Snagajob Properties.
7. Removal of Content.
7.1 General. Snagajob reserves the right to refuse to post or remove any Content submitted or posted to or through the Services. Notwithstanding the foregoing, you acknowledge that Snagajob is under no obligation to edit or modify any Content or decide any dispute or disagreement between the posters and will have no liability to you for any Content. Snagajob does not assume liability for Content or for any claims for economic loss resulting from Content. Snagajob may remove any Content in the event it determines, in its sole discretion, that Content submitted:
Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical, emotional or sexual harm of any kind against any group or individual;
Solicits personal information from anyone under age 18;
Violates another person’s privacy rights or that impersonates any person or entity;
Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any securities exchange, including but not limited to, the New York Stock Exchange (NYSE) and/or the NASDAQ;
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy or providing or creating computer viruses;
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;
Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Snagajob or any Employer;
Is private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, social security numbers and credit card numbers;
Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
Is unrelated to the topic of the Reviews or Employer for which such Review is posted;
Contains misleading, unreadable, or “hidden” keywords, repeated words, or keywords, the names, logos or trademarks of unaffiliated companies, the names of colleges, cities, states town or other jurisdictions that are irrelevant or inapplicable to the job opportunity being presented, as determined by Snag in its sole discretion;
In the case of job postings Content, contains more than one job position or description
(i) is otherwise objectionable, (ii) restricts or inhibits any other person from using or enjoying the Services, or (iii) may expose Snagajob or its users (including any Employer or Shifts Client) to any harm or liability of any type;
May not be in the best interests of the online community that we serve or the efficient operations of the Services.
7.2 Job Postings Content. Snagajob may remove any job posting Content in the event it determines, in its sole discretion, that the job posting Content:
Does not comply with applicable federal, state, local, or international laws, including but not limited to laws relating to labor and employment, equal employment opportunity, and employment eligibility requirements, data privacy, data access and use, and intellectual property;
Involves a criminal enterprise or would require engaging in illegal activity to perform such job;
Advertises for a competitor of Snagajob or contains links to any site competitive with Snagajob;
Is for a position that has expired;
Directs or requires the applicant to apply for the position by any means other than through the Snagajob Properties;
Sells, promotes, or advertises products or services;
Promotes any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement or any employment, job or business opportunity that requires an up-front or periodic payment or requires recruitment of other members, sub-distributors, or subagents;
Advertises for modeling, acting, talent, or entertainment agencies or talent scouting positions;
Directly or indirectly advertises or promotes another website, product, or service, or solicits other users for other websites, products, or services, including advertising to recruit users to join an agency or another website or company;
Requests or demands free services, including a requirement to submit work as part of a proposal process for little or no money, or requests a fee before allowing an applicant to submit a proposal;
Shares or solicits contact information, such as e-mail, phone number or social media usernames, in a profile or job post;
Advertises sexual services or seek employees for jobs of a sexual nature;
Requests the use of human body parts or the donation of human parts, including without limitation, reproductive services such as egg donation and surrogacy;
Advertises jobs located in countries subject to economic sanctions of the United States government;
Contains a URL or hyperlink, or an email address or phone number;
Except where allowed by applicable laws, requires the applicant to provide information relating to the applicant’s racial or ethnic origin; political beliefs; philosophical or religious beliefs; membership of a trade union; physical or mental health; sexual health; commission of criminal offenses; or age; or
May be misleading, objectionable, inappropriate, or not in the best interests of the online community that we serve or the efficient operation of our Services.
7.3 Reporting. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of the Terms.
8. Interactions with Other Users.
8.2 Content Provided by Other Users. Snagajob Properties may contain User Content provided by other users. Snagajob is not responsible for and does not control User Content. Snagajob has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk.
8.3 No Authentication of Users. You understand and agree that Snagajob does not, and cannot, confirm that each user is who they claim to be. We are not responsible for authenticating users and therefore it is your responsibility to conduct the appropriate due diligence before communicating or interacting with other users, including, without limitation, Employers, Shifts Clients, Job Seekers, and Snagajob Workers. You assume all risks associated with users with whom you come into contact. If you have any disputes or issues with any user you agree to pursue any remedies directly with the applicable user and you release Snagajob, its subsidiaries, and their respective employees, directors and agents from all claims, demands and damages of every kind (actual and consequential and direct and indirect) known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.
9. Third-Party Services, Portals, Gift Cards and Other Websites.
9.2 Third Party Portals. Snagajob Properties may be made available to you through the use of third-party web sites (“Third-Party Portals”). Such Third-Party Portals are not under the control of Snagajob. Snagajob is not responsible for any Third-Party Portals.
9.3 Gift Cards. Snagajob offers third-party merchant (“Merchant”) gift cards (“Gift Cards”). When purchasing a Gift Card, you must provide your billing information (e.g., credit or debit card number at check-out. Gift Cards are non-refundable. Such Gift Cards may not be reloaded, resold, or used for payment outside of the Merchant’s website; used for unauthorized advertising, marketing, sweepstakes, or other promotional purposes; redeemed for more than face value; transferred for value; redeemed for cash (except to the extent required by law); or returned for a cash refund (except to the extent required by law). Gift Cards may not be redeemed for cash (except to the extent required by law). You further agree and understand that Snagajob has no liability for the loss of such Gift Card after its receipt, so please protect your Gift Card balance as necessary. For issues related to the use of (rather than the receipt of) a Gift Card, the applicable Merchant’s customer service will be responsible. You further agree and understand that Merchants are solely responsible to you for your ability to use, and the terms of usage of the Gift Cards. Each Merchant’s terms of use for its Gift Card(s) are available on the Merchant’s website, and those terms and conditions exclusively govern use of that Merchant’s Gift Card(s). Snagajob is not and shall not be in any manner responsible or liable for any Merchant actions, policies, or practices.TO THE FULL EXTENT PERMISSIBLE BY LAW, SNAGAJOB MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.”
9.4 Accessing and Downloading the Application from iTunes. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
You acknowledge and agree that (i) the Terms are concluded between you and Snagajob only, and not Apple, and (ii) Snagajob, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Snagajob and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Snagajob.
You and Snagajob acknowledge that, as between Snagajob and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Snagajob acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Snagajob and Apple, Snagajob, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
You and Snagajob acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
9.5. Accessing and Downloading the Application from Google Play. The following applies to any Google Play Sourced Application accessed through or downloaded from Google Play:
You acknowledge and agree that (i) the Agreement are concluded between you and Snagajob only, and not Google, Inc. (“Google”), and (ii) Snagajob, not Google, is solely responsible for the Google Play Sourced Application and content thereof. Your use of the Google Play Sourced Application must comply with the Google Play Agreement of Service.
Google is only a provider of Google Play where you obtained the Google Play Sourced Application.
Snagajob, and not Google, is solely responsible for its Google Play Sourced Application;
Google has no obligation or liability to you with respect to Snagajob’s Google Play Sourced Application or this Agreement; and
You acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to Snagajob’s Google Play Sourced Application.
10. SMS Messaging.
10.2 How to Opt Out. You can cancel the SMS texting service at any time. Just text “STOP” in response to any text message you receive from us. After you send the SMS message “STOP” to us, we will send you an SMS to confirm that you have been unsubscribed. After this you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again. If at any time you forget what keywords are supported, just text “HELP” in response to any text message you receive from us. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our SMS Texting Services as well as how to unsubscribe. Message frequency depends on the user’s interaction. If you have any questions regarding privacy, please read our Privacy Policy or contact us here.
10.3 Mobile Carrier Charges. We do not charge for our SMS Texting Services; however, your mobile carrier’s standard data and messaging rates will apply. By providing your consent to participate in a SMS Texting Service, you approve any such charges from your mobile carrier. You represent that you are 13 years of age or older and the owner or authorized user of the mobile device associated with the telephone number you designate to receive messages from the applicable SMS Texting Service. You also represent that you are authorized to approve the applicable carrier charges. If you have any questions regarding your mobile carrier charges, please contact your mobile carrier directly.
10.4 Privacy. Data obtained from you in connection with the SMS Texting Services may include your name, address, mobile phone number, your mobile service provider’s name, and the date, time, and content of your messages. Our use of this information will be in accordance with our Privacy Policy. Your mobile carrier and other service providers may also collect data about your mobile device usage, and their practices are governed by their own policies.
10.5 Disclaimers. You acknowledge and agree that the SMS Texting Services are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We will not be liable for any delays in the receipt of any text messages, as delivery is subject to effective transmission from your network operator. The SMS Texting Services are provided on an AS-IS basis. We do not guarantee that your use of these services will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Texting Services.
11. Indemnification. You agree to indemnify and hold Snagajob, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Snagajob Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, Snagajob Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Snagajob reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Snagajob in asserting any available defenses. This provision does not require you to indemnify any of the Snagajob Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Snagajob Properties.
12. Disclaimer of Warranties and Conditions.
12.2 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT SNAGAJOB PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SNAGAJOB PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE WEBSITE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
12.3 No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF SNAGAJOB PROPERTIES. YOU UNDERSTAND THAT SNAGAJOB DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF SNAGAJOB PROPERTIES.
13. Limitation of Liability.
13.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL SNAGAJOB BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) $50.00, AND (B) THE LIABILITY CAP AMOUNT SET FORTH IN THE APPLICABLE SPECIFIC TERM, IF ANY. THE FOREGOING CAP ON LIABILITY WILL NOT APPLY TO LIABILITY OF A SNAGAJOB PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A SNAGAJOB PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A SNAGAJOB PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) IF OTHERWISE PROVIDED FOR BY A CONTRACT WITH SNAGAJOB.
13.3 USER CONTENT. EXCEPT FOR SNAGAJOB’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE SNAGAJOB’S PRIVACY POLICY, SNAGAJOB ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
13.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SNAGAJOB AND YOU.
14. Procedure for Making Claims of Copyright Infringement. It is Snagajob’s policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to Snagajob by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Snagajob Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Snagajob Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Snagajob Copyright Agent for notice of claims of copyright infringement is as follows: [email protected]
15. Remedies.
15.2 Breach. If Snagajob determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for Snagajob Properties, Snagajob reserves the right to:
Warn you via e-mail (to any e-mail address you have provided to Snagajob) that you have violated the Terms;
Discontinue your registration(s) with any of the Snagajob Properties, including any Services or any Snagajob community;
Discontinue your subscription to any Services;
Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
Pursue any other action which Snagajob deems to be appropriate.
16. Term and Termination.
16.2 Prior Use. Notwithstanding the foregoing, if you used Snagajob Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced to be binding on the date you first used Snagajob Properties (whichever is earlier) and will remain in full force and effect while you use Snagajob Properties, unless earlier terminated in accordance with the Terms.
16.3 Termination of Services by Snagajob. If Snagajob believes that you have materially breached any provision of the Terms, or if Snagajob is required to do so by law (e.g., where the provision of the Website, the Application, the Software or the Services is, or becomes, unlawful), or if Snagajob believes it is necessary in order to protect the Snagajob Properties or other users, Snagajob has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause will be made in Snagajob’s sole discretion and that Snagajob will not be liable to you or any third party for any termination of your Account.
16.4 Termination of Services by You. If you want to terminate the Services provided by Snagajob, you may do so by (a) notifying Snagajob at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Snagajob's at 4851 Lake Brook Drive, Richmond, VA 23060. Note that if you are an Employer or a Shifts Client, you are subject to any additional terms relating to termination of Sales Orders set forth in the Snagajob Employer Terms or the Snagajob Shifts Terms.
16.5 Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Snagajob will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, will survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
16.6 No Subsequent Registration. If your registration(s) with or ability to access Snagajob Properties, or any other Snagajob community is discontinued by Snagajob due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you will not attempt to re-register with or access Snagajob Properties or any Snagajob community through use of a different member name or otherwise. If you violate the immediately preceding sentence, Snagajob reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
17. International Users. Snagajob Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Snagajob intends to announce such Services or Content in your country. Snagajob Properties are controlled and offered by Snagajob from its facilities in the United States of America. Snagajob makes no representations that Snagajob Properties are appropriate or available for use in other locations. Those who access or use Snagajob Properties from other countries do so at their own volition and are responsible for compliance with local law.
18. Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Snagajob and limits the manner in which you can seek relief from Us.
IF YOU AGREE TO ARBITRATION WITH SNAGAJOB, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST SNAGJOB ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE SNAGAJOB IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
18.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at Snagajob.com, Inc., c/o Corporation Service Company, 251 Little Falls Drive, Wilmington, Delaware, 19808 and/or e-mail [email protected]. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Snagajob will pay them for you. In addition, Snagajob will reimburse all such JAMS filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Snagajob will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
18.3 Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Snagajob. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
18.4 Waiver of Jury Trial. YOU AND SNAGAJOB HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Snagajob are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 18.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
18.5 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in Sections 19.6 and 19.7.
18.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Snagajob, 4851 Lake Brook Drive, Glen Allen, VA 23060, Attention: Legal or e-mail [email protected] within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Snagajob username (if any), the e-mail address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
18.7 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
18.8 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Snagajob.
18.9 Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Snagajob makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Snagajob.
19. General Provisions.
19.2 Release. You hereby release the Snagajob Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Snagajob Properties, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of Snagajob Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states,
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Snagajob or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website.
19.3 Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Snagajob’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
19.4 Force Majeure. Snagajob will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics or epidemics, strikes, shortages of transportation facilities, fuel, energy, labor or materials or other conditions outside Snagajob’s reasonable control that discontinue normal business operations.
19.5 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Snagajob Properties, please contact us via here. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
19.6 Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
19.7 Notice. You are responsible for providing your most current e-mail address in your profile, on the Website and in the Application. If the last e-mail address you provided to Snagajob is not valid, or for any reason is not capable of delivering to you any notices required or permitted by the Terms, Snagajob’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Snagajob via e-mail at the following address: [email protected].
19.8 Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
19.9 Severability. If any portion of the Terms is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
19.10 Export Control. You may not use, export, import, or transfer Snagajob Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Snagajob Properties, and any other applicable laws. In particular, but without limitation, Snagajob Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Snagajob Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Snagajob Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Snagajob are subject to the export control laws and regulations of the United States. You will comply with these laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer Snagajob products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
19.11 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
19.12 Entire Agreement. The Terms constitute the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
End of General Terms of Service
Effective October 16, 2020 to July 23, 2021
DownloadTable of Contents
Snagajob.com® Terms of Use
THESE TERMS OF USE CONSTITUTE A BINDING LEGAL AGREEMENT AND GOVERN THE USE OF THE SNAGAJOB.COM WEBSITE AND MOBILE APPLICATION. PLEASE READ THEM CAREFULLY!
I. Introduction
A. Mission Statement
Snagajob.com, Inc's Mission Statement is to put people in the right-fit positions so they can maximize their potential and live more fulfilling lives.
B. The Snagajob.com Website and Mobile Application
- The Snagajob.com Website and Mobile Application, including all information, text, visual images, software, products and services used or available via the Website or the App and the interactive user area referred to as My Account that is part of the Website (collectively, the "Website") and the “Job Search - Snagajob” Mobile Application (“App”) are owned and operated by Snagajob.com, Inc. ("Snagajob.com," "we," "our," or "us"). Our Website and App are for the use of our members ("Members," "you" or "your") only. Our Website and App enable our Members to learn about, and apply for, employment opportunities with businesses that contract with us to post job listings ("Sponsors"). We agree to provide you with access to our Website and/or App subject to these Terms of Use. In consideration for your use of our Website and/or App, you agree to use it in accordance with these Terms of Use, without reservation. If you register for, or access, our Website or App in any manner, including social registration or login through Facebook, your registration or access constitutes use of the Website or App. BY REGISTERING FOR OR ACCESSING OUR WEBSITE OR APP IN ANY MANNER WHATSOEVER, INCLUDING THROUGH FACEBOOK REGISTRATION, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT REGISTER FOR, ACCESS OR USE OUR WEBSITE OR APP. IF YOU WISH TO ACCESS AND USE OUR WEBSITE OR APP, YOU MUST SELECT THE "I ACCEPT" OPTION AT THE BOTTOM OF THE REGISTRATION FORM OR DURING THE APP REGISTRATION PROCESS. IF YOU DO NOT WISH TO ACCESS OR USE OUR WEBSITE OR APP, YOU MUST SELECT THE "I DO NOT ACCEPT" OPTION AT THE BOTTOM OF THE REGISTRATION FORM OR DURING THE APP REGISTRATION PROCESS. Any and all rights not expressly granted in these Terms of Use are reserved by Snagajob.com.
- By creating a profile or by submitting an application to an employer through our Website or App, you are expressly consenting to our use of your name, as well as your likeness, image, photo, video, voice, and appearance if you provide a photo or video, in connection with a jobseeker database that potential employers may browse. You may be contacted by third parties about jobs for which you did not apply. Additionally, by submitting an application to an employer through our Website or App, you are expressly consenting to our use of your name, as well as your likeness, image, video, voice, and appearance if you provide a video, in connection with your application and delivering your application to the particular employer. We do not submit your photo directly to an employer when you submit an application. However, it is possible for an employer to view your profile, including your photo, in our browsable database of jobseekers. If you do not want to be included in our jobseeker database, do not create a profile and do not submit an application using our Website or App. If you do not want your photo or video to be included in our jobseeker database, do not provide a photo or video in your profile or in connection with a job application.
C. Use of App
- The use of the App requires use of a mobile device and wireless and mobile data service, which you must obtain from your carrier, and may require Internet access. You are responsible for obtaining and paying for such services, and Snagajob.com will not be liable for any costs or fees incurred by or through your use of the App, including, but not limited to, any mobile carrier fees, any SMS, MMS or other text or multimedia message fees, or any payment provider fees.
- By using the App, you consent to receive, at your own cost, electronic communications from Snagajob.com about the App, including, without limitation, via SMS, MMS and other text or multimedia messages, email, and by transmitting data to your mobile device such as through a push message. Such communications from Snagajob.com, Inc. may include, without limitation, administrative messages, service announcements, diagnostic data reports, and updates to the App itself. You consent to the transmission of data from Snagajob.com, Inc. and the App to and from your mobile device, including to push automatic updates to your mobile device.
D. Facebook Social Registration and Login
- By registering for and/or accessing the Website or App through Facebook, you agree to be bound by these Terms of Use, without reservation. Specifically, you agree that any and all information and/or data submitted to us through the Facebook registration process is subject to these Terms of Use including, but not limited to, Section III (D) ("Your License to Us") below.
- By registering through Facebook, you agree to receive email job alerts from us. If you wish to unsubscribe from our email job alerts, you may do so at anytime by updating your settings options through your desktop profile.
E. Modifications to our Website, App and to the Terms of Use
- From time to time we will change, or make improvements to, our Website and App. Such changes and/or improvements may be made without prior notice to you. We may provide you notice of such change on our Website, App or in e-mails we send to our Members.
- From time to time, we also may change these Terms of Use or impose new conditions on the use of the Website and/or App without prior notice to you, in which case we will post the revised Terms of Use on this Website. The revised Terms of Use will be effective immediately upon their posting on the Website. You are responsible for reviewing the most current version of these Terms of Use before using the Website or App to ensure that you agree to any revisions to these Terms of Use. If at any time you do not agree to the revisions we make to these Terms of Use, you should immediately stop accessing or using the Website or App in any manner whatsoever and must remove the App software from your mobile device. By continuing to use the Website or App after we post any such changes, you accept the Terms of Use, as modified. You further agree that these methods of providing notice and acceptance of changes or revisions to these Terms of Use are reasonable.
II. Your Rights and Obligations
A. Service Eligibility
To be eligible to use the Website or App, you represent and warrant that you: (1) are fourteen (14) years of age or older; (2) are not currently restricted from the Website or App, or not otherwise prohibited from having an account with us, (3) are not a competitor of ours and are not using the Website or App for reasons that are in competition with us; (4) will only maintain one account with us at any given time (although you can delete an account and subsequently register for a new one, as long as you have only one active account at a time); (5) have full power and authority to enter into this agreement with us and to be bound by these Terms of Use and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of the Website or App, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to access and use the Website or App.
B. Registration
If you choose to create a profile on our Website or App or through Facebook social registration, you must complete an online registration form. You agree (1) to provide true, accurate, current and complete information about yourself as prompted by the Website's or App’s registration form, and (2) to maintain and promptly update the information you provide to us in order to keep your profile true, accurate, current and complete. If we have reasonable grounds to suspect that the information in your profile is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Website or App (or any portion thereof) by you. Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
C. User Name/E-Mail Address and Password
To log onto our Website or App, you will need a user name and password which you will supply when you register to use our Website or App. You are responsible for maintaining the security and confidentiality of your user name and password, and all activities (whether by you or by others) with respect to the Website and/or App that occur under your user name or password. You are also liable for all charges, damages and losses incurred or suffered by you and/or by us as a result of your failure to maintain the confidentiality of your user name and password. We are not liable for any harm or loss caused by or related to the theft or disclosure of your user name and password, or your authorization to allow another person to access and use the Website or App with your user name and password. You agree to notify us immediately of any unauthorized use of your user name and password, the need to deactivate your user name and password due to security concerns, or any other breach of security. You must ensure that you log out of your account at the end of each session.
D. Your License and Authorization to Us
- By submitting (e.g., uploading) any message, information, data, text, software, images, or other materials ("Content") to the Website or App, you automatically grant Snagajob.com a royalty-free, perpetual, irrevocable, non-exclusive, fully paid up, transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide, or to incorporate it in other
works in any form, media, or technology now known or later developed (for the full term of any rights that may exist in such Content), without restriction or compensation, and to grant and authorize sublicenses thereof. In addition, you agree to waive all moral rights in the Content. Snagajob.com and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the Website or App that violates these Terms of Use or is otherwise objectionable. By submitting Content to the Website or App, you represent and warrant that (1) you own the Content, (2) you are entitled to submit it to us and (3) the Content is accurate, truthful, not confidential, and not in violation of any contractual restrictions, third party intellectual property rights, third party privacy rights, or other third party rights. - By submitting and/or signing an application, new hire paperwork (employment agreements, arbitration agreements, new hire manuals, etc.) or other similar document through the Website, you authorize Snagajob to disclose any information that Snagajob has collected during and from the submission and/or signature process, including but not limited to any information necessary to prove the electronic signatures on the application, new hire paperwork or other similar document are attributable to you, to the employer to which the application, new hire paperwork or other similar document was submitted to and/or signed for.
E. Your Responsibilities
- Our Website and App are intended to be used only for lawful purposes by individuals seeking employment. You may not use (or plan, encourage or help others to use) our Website or App for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of our Website and/or App complies with these Terms of Use and to seek prior written permission from us for any uses not permitted or not expressly specified herein. If you do any of the items listed in part three of this section, below, we may, at our sole option, terminate your access to our Website and/or App.
- In connection with using our Website and/or App, you agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with our Privacy Policy;
- Review and comply with notices sent by us concerning the Website, App and our operation thereof; and
- Use the Website and/or App in an honest, respectful and professional manner.
- In connection with using our Website and/or App, you agree that you will not:
- Act dishonestly or unprofessionally by engaging in unprofessional behavior or by posting inappropriate, inaccurate, or objectionable content to our Website or App;
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on our Website or App (excluding Content posted by you) except as permitted in these Terms of Use or as expressly authorized by us;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used in connection with the Website or App, or any part thereof;
- Include information in your profile or elsewhere, except in designated fields, that is confidential in nature or that reveals your identity or sensitive personal information such as an email address, phone number or address;
- Create a user profile for anyone other than a natural person;
- Utilize information, content or any data you view on and/or obtain from our Website or App to provide any service that is competitive, in our sole discretion, with our Website, App or our business;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by Snagajob.com, unless you have entered into a written agreement with us to that effect;
- Adapt, modify or create derivative works based on our Website, App or the technology underlying either, or other Members' content, in whole or part;
- Rent, lease, loan, trade or sell/re-sell access to our Website, App or any information therein, or the equivalent, in whole or part;
- Deep-link to our Website or App for any purpose, (i.e. including a link to one of our web pages other than our Website's home page) unless expressly authorized in writing by us or for the purpose of promoting your profile on our Website or App;
- Use manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl" or "spider" our Website or App;
- Use bots or other automated methods to add or download contacts, send or redirect messages or perform other permitted activities;
- Access, via automated or manual means or processes, our Website or App for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
- Engage in "framing," "mirroring," or otherwise simulating the appearance or function of our Website or App;
- Attempt to or actually access our Website or App by any means other than through the interfaces provided by us;
- Attempt to or actually override any security component included in or underlying our Website or App;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Members or our personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Website or App, including ours or any Sponsor's;
- Remove, cover or otherwise obscure any form of advertisement included on our Website or App;
- Harass, abuse or harm another person, including sending unwelcome communications to others using our Website or App;
- Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from our Website or App except as expressly permitted in these Terms of Use, App or as the owner of such information may expressly permit;
- Share information of non-Members without their express consent;
- Interfere with or disrupt our Website or App, including but not limited to any servers or networks connected to our Website or App;
- Invite people you do not know to join My Account;
- Upload a cartoon, symbol, drawing or any content other than a head-shot photograph of yourself in your profile photo or video (if applicable);
- Use or attempt to use another's account without our authorization, or create a false identity on our Website or App;
- Infringe or use our brand, logos and/or trademarks, including, without limitation, using the words "Snagajob" or "Snagajob.com," or words likely to be confused with those words, in any business name, email, or URL, except as expressly permitted by us in writing;
- Upload, post to My Account, email, transmit or otherwise make available or initiate any content that:
- Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by us);
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
- Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to (1) using our Website or App to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (2) using our Website or App to connect to people who don't know you and then sending unsolicited promotional messages to those connections without their permission; and (3) sending messages to distribution lists, newsgroup aliases or group aliases;
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ours or any Member; and/or H. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through our Website or App.
- Participate, directly or indirectly, in the setting up or development of a network that seeks to create a pyramid scheme or other similar practice.
F. Website and App Security Rules
- You are prohibited from violating or attempting to violate the security of our Website or App, including, without limitation, (a) accessing data not intended for you or logging into a server or account that you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of our Website or App or to breach security or authentication measures without proper authorization, or (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of overloading, "flooding", "mailbombing" or "crashing."
- Violations of Website, App or network security may result in civil or criminal liability. We may investigate occurrences which involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Members who are involved in such violations.
G. Indemnification
You agree to defend, indemnify and hold us, our officers, directors, employees, members, agents, and affiliates harmless from and against all claims, charges, investigations, actions or demands, liabilities and settlements, including without limitation our losses, costs, damages and reasonable legal and accounting fees (collectively, the "Indemnified Claims"), resulting from, or alleged to result from: (1) your breach of these Terms of Use; (2) any Content or other material you provide to our Website or App, (3) your use of our Website's or App’s content, (4) your violation of any applicable law, regulation, rule or order pertaining to your use of our Website or App; (5) your unauthorized or unlawful use of our Website or App; (6) any activity in which you engage in or through our Website or App; or (7) the unauthorized or unlawful use of our Website or App by any other person using your user name and password. We will use reasonable efforts to provide you with prompt notice of any such Indemnified Claims, and may assist you, at our expense and option, in defending any such Indemnified Claims.
H. Notifications and other Service Communications
For purposes of our communicating with you regarding the Website or App, notice required by us under these Terms of Use shall consist of an email from us to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you about your Website account, App account, or any other services associated with us through your Website account, App account, including directly through push notifications, or through other means including email, cellular telephone, SMS or MMS messaging, telephone, or delivery services including the U.S. Postal Service,. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Website or App. You may contact us via email at:
Snagajob.com, Inc. 4851 Lake Brook Drive Glen Allen, VA 23060 USA Attention: CFO
Additionally, Snagajob.com accepts service of process at this address. Any notice required by you under these Terms of Use shall be by mail or courier at the address above with a copy sent by email at [email protected]. Notice by you not in compliance with this section shall have no legal effect.
I. User to User Communications
- We offer various forums and blogs on our Website such as My Account where you can post your resume and communicate with other Members. Ideas you post and information you share may be seen and used by other Members and by Sponsors, and we cannot guarantee that other Members or Sponsors will not use the ideas and information that you share on our Website or App. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to our Website or App. WE ARE NOT RESPONSIBLE FOR A MEMBER’S OR SPONSOR’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY COMMUNITY FORUMS ON OUR WEBSITE OR APP, INCLUDING, BUT NOT LIMITED TO, INFORMATION YOU POST IN “MY ACCOUNT.”
- You are solely responsible for your interactions with other Members. We may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Members through use of the Website, App or otherwise limit your use of the Website or App. We reserve the right, but have no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if we determine, in our sole discretion, that doing so is necessary to enforce these Terms of Use.
J. Peer to Peer Messaging
- The peer to peer messaging functionality is not to be used for emergency communications, and may only be used for lawful and authorized purposes. You and any user added to your organization or location shall not use the messaging functionality to:
- upload, post, transmit, or otherwise make available anything that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Snagajob employee, administrator, owner, or other member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- manipulate identifiers in order to disguise your or a user's identity;
- upload, post, transmit, or otherwise make available any of information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, transmit or otherwise make available information in a manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- provide access to the communication functionality of the Service to any third party;
- upload, post, transmit, or otherwise make available any commercial offers, advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
- disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges using the communication functionality of the Service;
- interfere with or disrupt the communication functionality of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including using any device or software;
- modify, adapt, or hack the communication functionality of the Service, including by using any non-public Snagajob APIs, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
- intentionally or unintentionally violate any applicable local, state, national or international law in connection with your use of the communication functionality of the Service, including, but not limited to, the Telephone Consumer Protection Act, 47 U.S.C. section 227, any data, privacy, or export control laws, or regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above.
- If you consent to receive SMS messages in connection with the peer to peer communication functionality of the Services, you certify that you are authorized: (a) to use the designated mobile phone number which will receive the SMS messages, and (b) to incur any mobile message or data charges that may be incurred by receipt of the SMS messages as message and data rates may apply. You also agree that by consenting to receive SMS messages in connection with the peer to peer communication functionality of the Services, Snagajob and its representatives may send you automated texts to numbers you associate with your account to inform you when messages from other users are waiting and for any other account-related, customer service or administrative purpose. You may opt out of receiving SMS messages by replying STOP to any Snagajob text message, changing your Snagajob account settings, or contacting the Snagajob Customer Support team at 866-277-1995.
- You understand and agree that Snagajob has no obligations or liabilities associated with any use of the messaging functionality by you or a user that is added to your organization or location. If you add an organization or location in connection with the messaging functionality, you represent and warrant to Snagajob that you are the owner of that organization or location or are otherwise authorized by the organization or location. You understand and agree that you are solely responsible to ensure that a user added under your organization or location complies with the terms of this Section.
K. Compliance with Applicable Laws
You are responsible for ensuring that your use of our Website and/or App complies with all laws directly or indirectly applicable to you or us. Snagajob.com IS NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE WEBSITE OR APP IN WAYS THAT DO NOT COMPLY WITH ANY APPLICABLE LAW.
L. You Must be 14 or Older to Use this Website or App
You must be fourteen (14) years of age or older to visit or use our Website or App in any manner. By accessing our Website or App and accepting these Terms of Use, you represent and warrant to us that you have reached the age of fourteen (14) years of age or older, and that you have the right, authority and capacity to agree to, and abide by, these Terms of Use. We will not knowingly collect personally identifiable information from persons under the age of fourteen (14). Snagajob.com complies with the Child Online Privacy Protection Act. If we inadvertently collect personally identifiable information from anyone under the age of fourteen (14), we will delete that information in accordance with our security protocols upon notice.
M. Your Right to Use our Website and App
- For as long as you comply with these Terms of Use and your obligations thereunder, you have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to access and use our Website through a generally available web browser only for its intended purpose and only as provided in these Terms of Use. For as long as you comply with these Terms of Use and your obligations thereunder, you have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to download a single copy of the app to your mobile device and to access and use our App through that mobile device for its intended purpose and only as provided in these Terms of Use and in accordance with any usage rules set forth in application stores’ terms of service. Our Website and App are only for your personal and noncommercial use. You may not access our Website or App through scraping, spidering, crawling or any other technology or software used to access data without our express written consent. Except as specifically permitted, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any content or information included on our Website or App.
- In addition, you may not (a) rent, lend, sublease or transfer this limited license or any data residing on our Website, App or any of your rights under these Terms of Use to anyone else, (b) develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any part of our Website or App, or (c) transfer to or store any data residing or exchanged over our Website or App in any electronic network for use by more than one Member without obtaining prior written permission from us.
- If you violate any of these Terms of Use, we may immediately terminate your limited license to use our Website and/or App. Any other use of our Website or App contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from our Website or App commercially unless expressly authorized by us) is strictly prohibited and a violation of these Terms of Use. We reserve all rights not expressly granted in these Terms of Use, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in this Website, App and all related items.
N. Complaint Procedure
We built our Website and App to help you find a job, and to help you meet potential employers and other similarly situated job seekers. To achieve this purpose, we encourage you to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, these Terms of Use require that information posted by you be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, we provide a process for submission of complaints concerning content posted by you. Our policy and procedures can be found at our Complaint Procedure Regarding Content Posted on the Snagajob.com Website.
O. Export Control
Your use of our Website or App, including the software that runs our Website or App, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software, you are not listed on any US government list of prohibited or restricted persons, and you are not located in a country that is subject to a US government embargo or that has been designated by the US government as a “terrorist supporting” country.
III. Our Rights and Obligations
A. Availability of Website and App
For as long as we operate them, we will use our best efforts to provide and seek to update, improve and expand the Website and App, subject to limitations stated in these Terms of Use. As a result, we allow you to access our Website and App as they may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms of Use. We may modify, replace, refuse access to, suspend or discontinue our Website or App, partially or entirely, and at any time, in our sole discretion and without notice to you. All of these changes shall be effective upon their posting on our Website, App or by direct communication to you unless otherwise noted. We further reserve the right, within in our sole discretion, to withhold, remove and/or discard any content available as part of your account, with or without notice, for any reason, including because we deem it, at our discretion, to be contrary to these Terms of Use, or for no reason. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using our Website or App.
B. Privacy Policy
Our Privacy Policy is incorporated herein by this reference and made an integral part hereof. You should review our Privacy Policy carefully before agreeing to use our Website or App because our Privacy Policy governs our treatment of information about you, including personally identifiable information that you submit to use when you create a profile or when you participate in the features available at My Account. Please note that certain Content that you may submit to us, or message boards or blogs that you subscribe or contribute Content to might, or are likely to, reveal your gender, ethnic origin, nationality, age, religion and/or sexual orientation, and/or other personal information about you. You acknowledge that your submission of any Content to us is completely voluntary on your part.
C. Snagajob.com Intellectual Property
- All of the design, text, and graphics of our Website and App, as well as the selection and arrangement thereof, are Copyright (C) 2010 Snagajob.com, Inc., All Rights Reserved. SNAGAJOB, SNAGAJOB.COM, THE #1 SOURCE FOR HOURLY EMPLOYMENT, SYSDINE, LOG ON. FIND A JOB. GET TO WORK, THE HOURLY GIG, HOURLY AMERICA, and all of our logos, including the Snagajob logo, The Hourly Gig logo, and the S logo are our trademarks. These trademarks, and the Website and App images and text, and all page headers, graphics, HTML based computer programs used to generate pages on the Website or App, and icons are our trademarks, service marks and/or trade dress, and may not be used without our prior written permission. All uses thereof inure to our benefit. All other trademarks, product names and company names or logos included on the Website or App are the property of their respective owners.
- You may download and print a single copy of the Website or App for your personal use, provided that the content of the Website or App must not be altered in any way and must contain all copyright, trademark and other proprietary notices. You may not use the Website, App or any portion thereof to create or re-create a similar or competing service. Any use of the content of this Website or App not expressly permitted by these Terms of Use, or permitted in writing by us prior to your use, is a breach of these Terms of Use and is strictly prohibited. Please direct any requests for permission to [email protected].
- Our Website and App contain material that is protected by the copyright, trademark and other intellectual property laws of the United States and foreign countries. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from our Website or App, except as expressly set forth above. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT OF THE WEBSITE OR APP, OR THE TRADEMARKS SET FORTH THEREIN, CONSTITUTES COPYRIGHT AND/OR TRADEMARK INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED UNDER UNITED STATES AND INTERNATIONAL LAWS AND TREATIES. Any unauthorized use by you of our intellectual property may lead us to revoke your access to our Website and/or App.
D. Collection and Use of Your Content by Us
- The very nature of the service we provide to you requires that we gather, process, use and distribute information that you provide directly (for example, name, physical address, e-mail address and resume), as well as information regarding the manner in which you use our Website or App. We cannot guarantee that your information will be prevented from being viewed by any particular person or entity. Our Privacy Policy governs our treatment of information that you provide to us.
- If you have directly submitted information and would like us to remove it from its database, you should contact us at the email address or phone number listed in the Contact Us section of our Website or App, and we will use reasonable efforts to delete your information from our then existing files.
- You acknowledge, consent and agree that we may access, preserve, and disclose your registration information, your profile and any other information you provide to us if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary in our opinion to: (a) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (b) enforce these Terms of Use; (c) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (d) respond to customer service inquiries; or (e) protect the rights, property, or personal safety of Snagajob.com, our Members or the public.
- While we appreciate hearing from you and welcome your comments regarding our Website and/or App, our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those we have specifically requested. While we do value your feedback on our Website and/or App, please be specific in your comments regarding our Website or App and do not submit creative ideas, inventions, suggestions or materials. If, despite our foregoing request, you send us creative suggestions, ideas, drawings, concepts, inventions or other information (collectively, a “Submission”), such Submission shall immediately become our property. The Submission shall not be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. We shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person.
E. Monitoring
We are under no obligation to monitor the information residing on or transmitted through our Website or App. However, you agree that we may monitor content on our Website or App (a) to comply with any applicable laws, regulations or other government requests; (b) to operate our Website and App properly or to protect us and/or Sponsors or advertisers; and (c) for such other purposes as we deem reasonably necessary or appropriate from time to time. We reserve the right to modify, reject or eliminate any information residing on or transmitted to our Website or App that we believe is unacceptable or in violation of these Terms of Use.
F. No Professional Advice
None of the services, materials, content, or information available on or through our Website or App constitutes employment, career, financial, legal, or other professional advice. You are encouraged to obtain advice tailored to your particular situation from a qualified professional if you have any questions regarding any such matters.
G. Gift Cards
“Snagajob offers third-party merchant (“Merchant”) gift cards (“Gift Cards”). When purchasing a Gift Card, you must provide your billing information (e.g., credit or debit card number at check-out. Gift Cards are non-refundable. Such Gift Cards may not be reloaded, resold, or used for payment outside of the Merchant’s website; used for unauthorized advertising, marketing, sweepstakes or other promotional purposes; redeemed for more than face value; transferred for value; redeemed for cash (except to the extent required by law); or returned for a cash refund (except to the extent required by law). Gift Cards may not be redeemed for cash (except to the extent required by law).
You further agree and understand that Snagajob has no liability for the loss of such Gift Card after its receipt, so please protect your Gift Card balance as necessary. For issues related to the use of (rather than the receipt of) a Gift Card, the applicable Merchant’s customer service will be responsible. You further agree and understand that Merchants are solely responsible to you for your ability to use, and the terms of usage of the Gift Cards. Each Merchant’s terms of use for its Gift Card(s) are available on the Merchant’s website, and those terms and conditions exclusively govern use of that Merchant’s Gift Card(s). Snagajob is not and shall not be in any manner responsible or liable for any Merchant actions, policies, or practices.
TO THE FULL EXTENT PERMISSIBLE BY LAW, SNAGAJOB MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.”
H. Links to Other Sites
- Our Website and App may contain hyperlinks or other connections to websites operated by persons or entities other than us, including, without limitation, those of subscribing Sponsors or advertisers. We do not control those websites and are not responsible for them, their availability, content or any viruses that may be accessed through them. Our inclusion of hyperlinks or other connections to such websites does not imply any endorsement of the material on them or any association with their owners or operators. You are responsible for evaluating whether you want to access or use a third party website. You should review any applicable terms and/or privacy policies of a third party website before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not. We are not responsible for and do not endorse any features, content, advertising, products or other materials on or available from a third party website. Accordingly, if you decide to access a third party website, you do so at your own risk and agree that your use of any such website is on an “as is” basis without any warranty, and that these Terms of Use do not apply to your use of any third party website.
- We have no responsibility whatsoever for the activities of our Members or our Sponsors or advertisers or their respective hiring, recruiting or other practices (or any of the information posted or downloaded by them on or from our Website or App). Nothing on our Website or App shall be deemed to be an endorsement, representation or warranty with respect to any Sponsor or advertiser or other third person or entity, whether in regard to its website, products, services or otherwise.
I. Limitation of Liability and Disclaimer of Warranties
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND/OR APP AND THE INTERNET GENERALLY. OUR WEBSITE, APP AND THE INFORMATION PROVIDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, AND/OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE WEBSITE, APP OR OUR INFORMATION PROVIDED THEREIN.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE (1) ACCURACY, COMPLETENESS, CONTEMPORANEOUSNESS OR TIMELINESS OF OUR WEBSITE OR APP, (2) THE QUALITY AND SECURITY OF OUR WEBSITE OR APP, OR (3) THE INABILITY TO ACCESS OUR WEBSITE, APP OR THE CONTENT OF EITHER, INCLUDING WHETHER OUR WEBSITE OR APP WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OUR WEBSITE OR APP. WHEN USING OUR WEBSITE OR APP, INFORMATION WILL BE TRANSMITTED OVER THE INTERNET, A MEDIUM THAT IS BEYOND OUR CONTROL AND JURISDICTION. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR APP, AND YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR WEBSITE OR APP. ANY MATERIAL DESCRIBED OR USED ON OUR WEBSITE OR APP MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US. WE MAKE NO WARRANTIES WHATSOEVER THAT A USER WILL OBTAIN ANY JOB THROUGH OUR WEBSITE OR APP, NOR DO WE MAKE ANY WARRANTIES ABOUT (AND TAKE NO RESPONSIBILITY FOR) ANY JOB YOU MAY OBTAIN. WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO OUR WEBSITE OR APP, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF OUR WEBSITE OR APP BY OTHER USERS. THEREFORE, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
J. Limitation of Damages and Remedies
YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM OUR WEBSITE OR APP. YOU FURTHER AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING OUR WEBSITE OR APP. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE OR APP, OR WITH THE DELAY OR INABILITY TO USE THEM (OR ANY LINKED SITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH OUR WEBSITE OR APP, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE OR APP, THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE, OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED OR HARMED BY US OR ANYTHING RELATED TO US, YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THESE TERMS OF USE IN ACCORDANCE WITH SECTION IV (N) (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. OUR CUMULATIVE LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE WEBSITE, APP, OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY OF OUR SERVICES, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
THIS LIMITATION OF LIABILITY SHALL (1) APPLY REGARDLESS OF WHETHER (a) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (b) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (c) THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL OF THEIR ESSENTIAL PURPOSE; AND (2) NOT APPLY TO ANY DAMAGE THAT WE MAY CAUSE YOU INTENTIONALLY OR KNOWINGLY IN VIOLATION OF THESE TERMS OF USE OR APPLICABLE LAW, OR AS OTHERWISE MANDATED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED IN THESE TERMS OF USE. IN NO EVENT SHALL WE BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF OUR WEBSITE, APP, OR THE CONTENT OF EITHER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Any claims made by you in connection with your use of our Website, App, or the content of either, must be brought within one (1) year of the date on which the event giving rise to such claim occurred. All remedies set forth in these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
K. No Partnership
You agree that no joint venture, partnership, employment or agency relationship exists between you and us (or any of our Sponsors) as a result of these Terms of Use or your use of our Website or App.
L. Certain Legal Requirements
Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in them will diminish our right to comply with law enforcement requests or requirements relating to your use of our Website or App or information provided to or gathered by us with respect to such use.
M. Agreement
These Terms of Use represent the entire binding agreement between you and us, and our respective successors and assigns, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding us, our Website, App or the content thereon. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
N. No Extraterritoriality
We are based in Glen Allen, Virginia in the United States of America. We make no representation that our Website or App is appropriate or may legally be viewed in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the Website or App is prohibited from jurisdictions where the Website, App, or their content, is illegal. Those who choose to access or use the Website or App do so on their own initiative and are responsible for compliance with applicable laws. If you access or use the Website or App from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
O. Termination
- Mutual rights of termination. You may terminate your account with us for any reason or no reason, at any time, with notice to us. Your termination notice will be effective upon our processing the notice. We may terminate your account with us for any reason or no reason, at any time, with or without notice. A termination by us will be effective immediately or as may be specified in any notice from us. Termination of your account with us includes disabling your access to our Website and/or App and may also bar you from any future use of our Website and/or App.
- Misuse of the Services. We may restrict, suspend or terminate the account of any Member who abuses or misuses our Website or App. Misuse of our Website or App includes inviting other Members with whom you do not know to connect; abusing the My Account messaging services; creating multiple or false profiles; using our Website or App commercially without our authorization; infringing any intellectual property rights; or any other behavior that we, in our sole discretion, deem contrary to the purpose of the Website or App. In addition, and without limiting the foregoing, we will terminate accounts of Members who, in our sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
- Effect of Termination. Upon the termination of your account with us, you lose access to our Website or App. In addition, we may block access to our Website or App from an IP address or range of IP addresses associated with those of terminated Members.
- Survivability. Any provision that by its nature should survive termination or expiration of these Terms of Use does survive, including, but not limited to, the following provisions: Website and App Security Rules; Indemnification; Snagajob.com Intellectual Property; Collection and Use of Your Content by Us; Limitation of Liability and Disclaimer of Warranties; Limitation of Damages and Remedies; Termination; Jurisdiction and Choice of Law; and Other.
P. Identification of Copyright or Trademark Infringement Agent
If you believe that your copyrighted work or trademark has been uploaded, posted or copied to our Website or App and is accessible on our Website or App in a way that constitutes copyright or trademark infringement, please review our procedure for Complaint Procedure Regarding Content Posted on the Snagajob.com Website or App.
Q. Jurisdiction and Choice of Law
- You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, or agents: (a) you will submit to the jurisdiction of the courts of Henrico County, Virginia, including, without limitation, the United States District Court for the Eastern District of Virginia, Richmond Division, or the Circuit Court of the County of Henrico, and (b) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
- You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, directors, and agents, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia in all matters, without regard to its provisions regarding conflicts of law and the United Nations Convention for the International Sale of Goods.
R. Other
- Your satisfaction is our top priority and we're confident you'll be pleased with our services. Still, if you try us and decide your account does not sufficiently meet your needs, you can cancel for a refund.
- Upon cancellation, your job posting will be turned off and you will be refunded the full amount of your most recent monthly charge from Snagajob.
- The money back guarantee only applies for services that are contracted for using our on-line self-serve portal, does not apply to any services other than job postings and is available only once to each customer.
S. Other
- These Terms of Use, and our Privacy Policy and our Complaint Procedure Regarding Content Posted on the Snagajob.com Website or App, which are incorporated into these Terms of Use by reference, constitute the entire agreement between us and you with respect to the subject matter of these Terms of Use, and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral, or whether established by custom, practice, policy or precedent.
- We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights or obligations under these Terms of Use without our prior express written permission. Any attempt by you to assign your rights or obligations under these Terms of Use without our permission shall be void.
- If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- Our failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by these Terms of Use, no representations, statements, consents, waivers or other acts or omissions by us shall be deemed legally binding on us, unless documented in a physical writing hand signed by one of our duly appointed officers.
- In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of our Website or App, exploitation of any advertising or other materials issued in connection therewith, or exploitation of our Website, App or any content or other material used or displayed on our Website or App.
- Entities that Snagajob.com owns a fifty percent (50%) or greater interest in (an “Affiliate”) are not parties to these Terms of Use, but intended third party beneficiaries of these Terms of Use, with a right to enforce these Terms of Use directly against you. Neither Apple Inc. nor its subsidiaries are parties to these Terms of Use, but Apple Inc. and its subsidiaries are third party beneficiaries to these Terms of Use as it applies to the App and if you download the App from the iTunes store to an Apple device. By accepting these Terms of Use, Apple will have the right to enforce these Terms of Use against you.
- The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use.
- For further information relating to these Terms of Use, or to report a problem regarding the Website or App, please contact [email protected], or call Snagajob.com's Support Line 1-877-461-SNAG (7624).
Effective May 6, 2020 to October 16, 2020
DownloadTable of Contents
Snagajob.com® Terms of Use
THESE TERMS OF USE CONSTITUTE A BINDING LEGAL AGREEMENT AND GOVERN THE USE OF THE SNAGAJOB.COM WEBSITE AND MOBILE APPLICATION. PLEASE READ THEM CAREFULLY!
I. Introduction
A. Mission Statement
Snagajob.com, Inc's Mission Statement is to put people in the right-fit positions so they can maximize their potential and live more fulfilling lives.
B. The Snagajob.com Website and Mobile Application
- The Snagajob.com Website and Mobile Application, including all information, text, visual images, software, products and services used or available via the Website or the App and the interactive user area referred to as My Account that is part of the Website (collectively, the "Website") and the “Job Search - Snagajob” Mobile Application (“App”) are owned and operated by Snagajob.com, Inc. ("Snagajob.com," "we," "our," or "us"). Our Website and App are for the use of our members ("Members," "you" or "your") only. Our Website and App enable our Members to learn about, and apply for, employment opportunities with businesses that contract with us to post job listings ("Sponsors"). We agree to provide you with access to our Website and/or App subject to these Terms of Use. In consideration for your use of our Website and/or App, you agree to use it in accordance with these Terms of Use, without reservation. If you register for, or access, our Website or App in any manner, including social registration or login through Facebook, your registration or access constitutes use of the Website or App. BY REGISTERING FOR OR ACCESSING OUR WEBSITE OR APP IN ANY MANNER WHATSOEVER, INCLUDING THROUGH FACEBOOK REGISTRATION, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT REGISTER FOR, ACCESS OR USE OUR WEBSITE OR APP. IF YOU WISH TO ACCESS AND USE OUR WEBSITE OR APP, YOU MUST SELECT THE "I ACCEPT" OPTION AT THE BOTTOM OF THE REGISTRATION FORM OR DURING THE APP REGISTRATION PROCESS. IF YOU DO NOT WISH TO ACCESS OR USE OUR WEBSITE OR APP, YOU MUST SELECT THE "I DO NOT ACCEPT" OPTION AT THE BOTTOM OF THE REGISTRATION FORM OR DURING THE APP REGISTRATION PROCESS. Any and all rights not expressly granted in these Terms of Use are reserved by Snagajob.com.
- By creating a profile or by submitting an application to an employer through our Website or App, you are expressly consenting to our use of your name, as well as your likeness, image, photo, video, voice, and appearance if you provide a photo or video, in connection with a jobseeker database that potential employers may browse. You may be contacted by third parties about jobs for which you did not apply. Additionally, by submitting an application to an employer through our Website or App, you are expressly consenting to our use of your name, as well as your likeness, image, video, voice, and appearance if you provide a video, in connection with your application and delivering your application to the particular employer. We do not submit your photo directly to an employer when you submit an application. However, it is possible for an employer to view your profile, including your photo, in our browsable database of jobseekers. If you do not want to be included in our jobseeker database, do not create a profile and do not submit an application using our Website or App. If you do not want your photo or video to be included in our jobseeker database, do not provide a photo or video in your profile or in connection with a job application.
C. Use of App
- The use of the App requires use of a mobile device and wireless and mobile data service, which you must obtain from your carrier, and may require Internet access. You are responsible for obtaining and paying for such services, and Snagajob.com will not be liable for any costs or fees incurred by or through your use of the App, including, but not limited to, any mobile carrier fees, any SMS, MMS or other text or multimedia message fees, or any payment provider fees.
- By using the App, you consent to receive, at your own cost, electronic communications from Snagajob.com about the App, including, without limitation, via SMS, MMS and other text or multimedia messages, email, and by transmitting data to your mobile device such as through a push message. Such communications from Snagajob.com, Inc. may include, without limitation, administrative messages, service announcements, diagnostic data reports, and updates to the App itself. You consent to the transmission of data from Snagajob.com, Inc. and the App to and from your mobile device, including to push automatic updates to your mobile device.
D. Facebook Social Registration and Login
- By registering for and/or accessing the Website or App through Facebook, you agree to be bound by these Terms of Use, without reservation. Specifically, you agree that any and all information and/or data submitted to us through the Facebook registration process is subject to these Terms of Use including, but not limited to, Section III (D) ("Your License to Us") below.
- By registering through Facebook, you agree to receive email job alerts from us. If you wish to unsubscribe from our email job alerts, you may do so at anytime by updating your settings options through your desktop profile.
E. Modifications to our Website, App and to the Terms of Use
- From time to time we will change, or make improvements to, our Website and App. Such changes and/or improvements may be made without prior notice to you. We may provide you notice of such change on our Website, App or in e-mails we send to our Members.
- From time to time, we also may change these Terms of Use or impose new conditions on the use of the Website and/or App without prior notice to you, in which case we will post the revised Terms of Use on this Website. The revised Terms of Use will be effective immediately upon their posting on the Website. You are responsible for reviewing the most current version of these Terms of Use before using the Website or App to ensure that you agree to any revisions to these Terms of Use. If at any time you do not agree to the revisions we make to these Terms of Use, you should immediately stop accessing or using the Website or App in any manner whatsoever and must remove the App software from your mobile device. By continuing to use the Website or App after we post any such changes, you accept the Terms of Use, as modified. You further agree that these methods of providing notice and acceptance of changes or revisions to these Terms of Use are reasonable.
II. Your Rights and Obligations
A. Service Eligibility
To be eligible to use the Website or App, you represent and warrant that you: (1) are fourteen (14) years of age or older; (2) are not currently restricted from the Website or App, or not otherwise prohibited from having an account with us, (3) are not a competitor of ours and are not using the Website or App for reasons that are in competition with us; (4) will only maintain one account with us at any given time (although you can delete an account and subsequently register for a new one, as long as you have only one active account at a time); (5) have full power and authority to enter into this agreement with us and to be bound by these Terms of Use and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of the Website or App, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to access and use the Website or App.
B. Registration
If you choose to create a profile on our Website or App or through Facebook social registration, you must complete an online registration form. You agree (1) to provide true, accurate, current and complete information about yourself as prompted by the Website's or App’s registration form, and (2) to maintain and promptly update the information you provide to us in order to keep your profile true, accurate, current and complete. If we have reasonable grounds to suspect that the information in your profile is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Website or App (or any portion thereof) by you. Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
C. User Name/E-Mail Address and Password
To log onto our Website or App, you will need a user name and password which you will supply when you register to use our Website or App. You are responsible for maintaining the security and confidentiality of your user name and password, and all activities (whether by you or by others) with respect to the Website and/or App that occur under your user name or password. You are also liable for all charges, damages and losses incurred or suffered by you and/or by us as a result of your failure to maintain the confidentiality of your user name and password. We are not liable for any harm or loss caused by or related to the theft or disclosure of your user name and password, or your authorization to allow another person to access and use the Website or App with your user name and password. You agree to notify us immediately of any unauthorized use of your user name and password, the need to deactivate your user name and password due to security concerns, or any other breach of security. You must ensure that you log out of your account at the end of each session.
D. Your License and Authorization to Us
- By submitting (e.g., uploading) any message, information, data, text, software, images, or other materials ("Content") to the Website or App, you automatically grant Snagajob.com a royalty-free, perpetual, irrevocable, non-exclusive, fully paid up, transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide, or to incorporate it in other
works in any form, media, or technology now known or later developed (for the full term of any rights that may exist in such Content), without restriction or compensation, and to grant and authorize sublicenses thereof. In addition, you agree to waive all moral rights in the Content. Snagajob.com and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the Website or App that violates these Terms of Use or is otherwise objectionable. By submitting Content to the Website or App, you represent and warrant that (1) you own the Content, (2) you are entitled to submit it to us and (3) the Content is accurate, truthful, not confidential, and not in violation of any contractual restrictions, third party intellectual property rights, third party privacy rights, or other third party rights. - By submitting and/or signing an application, new hire paperwork (employment agreements, arbitration agreements, new hire manuals, etc.) or other similar document through the Website, you authorize Snagajob to disclose any information that Snagajob has collected during and from the submission and/or signature process, including but not limited to any information necessary to prove the electronic signatures on the application, new hire paperwork or other similar document are attributable to you, to the employer to which the application, new hire paperwork or other similar document was submitted to and/or signed for.
E. Your Responsibilities
- Our Website and App are intended to be used only for lawful purposes by individuals seeking employment. You may not use (or plan, encourage or help others to use) our Website or App for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of our Website and/or App complies with these Terms of Use and to seek prior written permission from us for any uses not permitted or not expressly specified herein. If you do any of the items listed in part three of this section, below, we may, at our sole option, terminate your access to our Website and/or App.
- In connection with using our Website and/or App, you agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with our Privacy Policy;
- Review and comply with notices sent by us concerning the Website, App and our operation thereof; and
- Use the Website and/or App in an honest, respectful and professional manner.
- In connection with using our Website and/or App, you agree that you will not:
- Act dishonestly or unprofessionally by engaging in unprofessional behavior or by posting inappropriate, inaccurate, or objectionable content to our Website or App;
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on our Website or App (excluding Content posted by you) except as permitted in these Terms of Use or as expressly authorized by us;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used in connection with the Website or App, or any part thereof;
- Include information in your profile or elsewhere, except in designated fields, that is confidential in nature or that reveals your identity or sensitive personal information such as an email address, phone number or address;
- Create a user profile for anyone other than a natural person;
- Utilize information, content or any data you view on and/or obtain from our Website or App to provide any service that is competitive, in our sole discretion, with our Website, App or our business;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by Snagajob.com, unless you have entered into a written agreement with us to that effect;
- Adapt, modify or create derivative works based on our Website, App or the technology underlying either, or other Members' content, in whole or part;
- Rent, lease, loan, trade or sell/re-sell access to our Website, App or any information therein, or the equivalent, in whole or part;
- Deep-link to our Website or App for any purpose, (i.e. including a link to one of our web pages other than our Website's home page) unless expressly authorized in writing by us or for the purpose of promoting your profile on our Website or App;
- Use manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl" or "spider" our Website or App;
- Use bots or other automated methods to add or download contacts, send or redirect messages or perform other permitted activities;
- Access, via automated or manual means or processes, our Website or App for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
- Engage in "framing," "mirroring," or otherwise simulating the appearance or function of our Website or App;
- Attempt to or actually access our Website or App by any means other than through the interfaces provided by us;
- Attempt to or actually override any security component included in or underlying our Website or App;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Members or our personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Website or App, including ours or any Sponsor's;
- Remove, cover or otherwise obscure any form of advertisement included on our Website or App;
- Harass, abuse or harm another person, including sending unwelcome communications to others using our Website or App;
- Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from our Website or App except as expressly permitted in these Terms of Use, App or as the owner of such information may expressly permit;
- Share information of non-Members without their express consent;
- Interfere with or disrupt our Website or App, including but not limited to any servers or networks connected to our Website or App;
- Invite people you do not know to join My Account;
- Upload a cartoon, symbol, drawing or any content other than a head-shot photograph of yourself in your profile photo or video (if applicable);
- Use or attempt to use another's account without our authorization, or create a false identity on our Website or App;
- Infringe or use our brand, logos and/or trademarks, including, without limitation, using the words "Snagajob" or "Snagajob.com," or words likely to be confused with those words, in any business name, email, or URL, except as expressly permitted by us in writing;
- Upload, post to My Account, email, transmit or otherwise make available or initiate any content that:
- Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by us);
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
- Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to (1) using our Website or App to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (2) using our Website or App to connect to people who don't know you and then sending unsolicited promotional messages to those connections without their permission; and (3) sending messages to distribution lists, newsgroup aliases or group aliases;
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ours or any Member; and/or H. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through our Website or App.
- Participate, directly or indirectly, in the setting up or development of a network that seeks to create a pyramid scheme or other similar practice.
F. Website and App Security Rules
- You are prohibited from violating or attempting to violate the security of our Website or App, including, without limitation, (a) accessing data not intended for you or logging into a server or account that you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of our Website or App or to breach security or authentication measures without proper authorization, or (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of overloading, "flooding", "mailbombing" or "crashing."
- Violations of Website, App or network security may result in civil or criminal liability. We may investigate occurrences which involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Members who are involved in such violations.
G. Indemnification
You agree to defend, indemnify and hold us, our officers, directors, employees, members, agents, and affiliates harmless from and against all claims, charges, investigations, actions or demands, liabilities and settlements, including without limitation our losses, costs, damages and reasonable legal and accounting fees (collectively, the "Indemnified Claims"), resulting from, or alleged to result from: (1) your breach of these Terms of Use; (2) any Content or other material you provide to our Website or App, (3) your use of our Website's or App’s content, (4) your violation of any applicable law, regulation, rule or order pertaining to your use of our Website or App; (5) your unauthorized or unlawful use of our Website or App; (6) any activity in which you engage in or through our Website or App; or (7) the unauthorized or unlawful use of our Website or App by any other person using your user name and password. We will use reasonable efforts to provide you with prompt notice of any such Indemnified Claims, and may assist you, at our expense and option, in defending any such Indemnified Claims.
H. Notifications and other Service Communications
For purposes of our communicating with you regarding the Website or App, notice required by us under these Terms of Use shall consist of an email from us to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you about your Website account, App account, or any other services associated with us through your Website account, App account, including directly through push notifications, or through other means including email, cellular telephone, SMS or MMS messaging, telephone, or delivery services including the U.S. Postal Service,. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Website or App. You may contact us via email at:
Snagajob.com, Inc. 4851 Lake Brook Drive Glen Allen, VA 23060 USA Attention: CFO
Additionally, Snagajob.com accepts service of process at this address. Any notice required by you under these Terms of Use shall be by mail or courier at the address above with a copy sent by email at [email protected]. Notice by you not in compliance with this section shall have no legal effect.
I. User to User Communications
- We offer various forums and blogs on our Website such as My Account where you can post your resume and communicate with other Members. Ideas you post and information you share may be seen and used by other Members and by Sponsors, and we cannot guarantee that other Members or Sponsors will not use the ideas and information that you share on our Website or App. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to our Website or App. WE ARE NOT RESPONSIBLE FOR A MEMBER’S OR SPONSOR’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY COMMUNITY FORUMS ON OUR WEBSITE OR APP, INCLUDING, BUT NOT LIMITED TO, INFORMATION YOU POST IN “MY ACCOUNT.”
- You are solely responsible for your interactions with other Members. We may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Members through use of the Website, App or otherwise limit your use of the Website or App. We reserve the right, but have no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if we determine, in our sole discretion, that doing so is necessary to enforce these Terms of Use.
J. Peer to Peer Messaging
- The peer to peer messaging functionality is not to be used for emergency communications, and may only be used for lawful and authorized purposes. You and any user added to your organization or location shall not use the messaging functionality to:
- upload, post, transmit, or otherwise make available anything that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Snagajob employee, administrator, owner, or other member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- manipulate identifiers in order to disguise your or a user's identity;
- upload, post, transmit, or otherwise make available any of information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, transmit or otherwise make available information in a manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- provide access to the communication functionality of the Service to any third party;
- upload, post, transmit, or otherwise make available any commercial offers, advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
- disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges using the communication functionality of the Service;
- interfere with or disrupt the communication functionality of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including using any device or software;
- modify, adapt, or hack the communication functionality of the Service, including by using any non-public Snagajob APIs, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
- intentionally or unintentionally violate any applicable local, state, national or international law in connection with your use of the communication functionality of the Service, including, but not limited to, the Telephone Consumer Protection Act, 47 U.S.C. section 227, any data, privacy, or export control laws, or regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above.
- If you consent to receive SMS messages in connection with the peer to peer communication functionality of the Services, you certify that you are authorized: (a) to use the designated mobile phone number which will receive the SMS messages, and (b) to incur any mobile message or data charges that may be incurred by receipt of the SMS messages as message and data rates may apply. You also agree that by consenting to receive SMS messages in connection with the peer to peer communication functionality of the Services, Snagajob and its representatives may send you automated texts to numbers you associate with your account to inform you when messages from other users are waiting and for any other account-related, customer service or administrative purpose. You may opt out of receiving SMS messages by replying STOP to any Snagajob text message, changing your Snagajob account settings, or contacting the Snagajob Customer Support team at 866-277-1995.
- You understand and agree that Snagajob has no obligations or liabilities associated with any use of the messaging functionality by you or a user that is added to your organization or location. If you add an organization or location in connection with the messaging functionality, you represent and warrant to Snagajob that you are the owner of that organization or location or are otherwise authorized by the organization or location. You understand and agree that you are solely responsible to ensure that a user added under your organization or location complies with the terms of this Section.
K. Compliance with Applicable Laws
You are responsible for ensuring that your use of our Website and/or App complies with all laws directly or indirectly applicable to you or us. Snagajob.com IS NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE WEBSITE OR APP IN WAYS THAT DO NOT COMPLY WITH ANY APPLICABLE LAW.
L. You Must be 14 or Older to Use this Website or App
You must be fourteen (14) years of age or older to visit or use our Website or App in any manner. By accessing our Website or App and accepting these Terms of Use, you represent and warrant to us that you have reached the age of fourteen (14) years of age or older, and that you have the right, authority and capacity to agree to, and abide by, these Terms of Use. We will not knowingly collect personally identifiable information from persons under the age of fourteen (14). Snagajob.com complies with the Child Online Privacy Protection Act. If we inadvertently collect personally identifiable information from anyone under the age of fourteen (14), we will delete that information in accordance with our security protocols upon notice.
M. Your Right to Use our Website and App
- For as long as you comply with these Terms of Use and your obligations thereunder, you have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to access and use our Website through a generally available web browser only for its intended purpose and only as provided in these Terms of Use. For as long as you comply with these Terms of Use and your obligations thereunder, you have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to download a single copy of the app to your mobile device and to access and use our App through that mobile device for its intended purpose and only as provided in these Terms of Use and in accordance with any usage rules set forth in application stores’ terms of service. Our Website and App are only for your personal and noncommercial use. You may not access our Website or App through scraping, spidering, crawling or any other technology or software used to access data without our express written consent. Except as specifically permitted, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any content or information included on our Website or App.
- In addition, you may not (a) rent, lend, sublease or transfer this limited license or any data residing on our Website, App or any of your rights under these Terms of Use to anyone else, (b) develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any part of our Website or App, or (c) transfer to or store any data residing or exchanged over our Website or App in any electronic network for use by more than one Member without obtaining prior written permission from us.
- If you violate any of these Terms of Use, we may immediately terminate your limited license to use our Website and/or App. Any other use of our Website or App contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from our Website or App commercially unless expressly authorized by us) is strictly prohibited and a violation of these Terms of Use. We reserve all rights not expressly granted in these Terms of Use, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in this Website, App and all related items.
N. Complaint Procedure
We built our Website and App to help you find a job, and to help you meet potential employers and other similarly situated job seekers. To achieve this purpose, we encourage you to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, these Terms of Use require that information posted by you be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, we provide a process for submission of complaints concerning content posted by you. Our policy and procedures can be found at our Complaint Procedure Regarding Content Posted on the Snagajob.com Website.
O. Export Control
Your use of our Website or App, including the software that runs our Website or App, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software, you are not listed on any US government list of prohibited or restricted persons, and you are not located in a country that is subject to a US government embargo or that has been designated by the US government as a “terrorist supporting” country.
III. Our Rights and Obligations
A. Availability of Website and App
For as long as we operate them, we will use our best efforts to provide and seek to update, improve and expand the Website and App, subject to limitations stated in these Terms of Use. As a result, we allow you to access our Website and App as they may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms of Use. We may modify, replace, refuse access to, suspend or discontinue our Website or App, partially or entirely, and at any time, in our sole discretion and without notice to you. All of these changes shall be effective upon their posting on our Website, App or by direct communication to you unless otherwise noted. We further reserve the right, within in our sole discretion, to withhold, remove and/or discard any content available as part of your account, with or without notice, for any reason, including because we deem it, at our discretion, to be contrary to these Terms of Use, or for no reason. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using our Website or App.
B. Privacy Policy
Our Privacy Policy is incorporated herein by this reference and made an integral part hereof. You should review our Privacy Policy carefully before agreeing to use our Website or App because our Privacy Policy governs our treatment of information about you, including personally identifiable information that you submit to use when you create a profile or when you participate in the features available at My Account. Please note that certain Content that you may submit to us, or message boards or blogs that you subscribe or contribute Content to might, or are likely to, reveal your gender, ethnic origin, nationality, age, religion and/or sexual orientation, and/or other personal information about you. You acknowledge that your submission of any Content to us is completely voluntary on your part.
C. Snagajob.com Intellectual Property
- All of the design, text, and graphics of our Website and App, as well as the selection and arrangement thereof, are Copyright (C) 2010 Snagajob.com, Inc., All Rights Reserved. SNAGAJOB, SNAGAJOB.COM, THE #1 SOURCE FOR HOURLY EMPLOYMENT, SYSDINE, LOG ON. FIND A JOB. GET TO WORK, THE HOURLY GIG, HOURLY AMERICA, and all of our logos, including the Snagajob logo, The Hourly Gig logo, and the S logo are our trademarks. These trademarks, and the Website and App images and text, and all page headers, graphics, HTML based computer programs used to generate pages on the Website or App, and icons are our trademarks, service marks and/or trade dress, and may not be used without our prior written permission. All uses thereof inure to our benefit. All other trademarks, product names and company names or logos included on the Website or App are the property of their respective owners.
- You may download and print a single copy of the Website or App for your personal use, provided that the content of the Website or App must not be altered in any way and must contain all copyright, trademark and other proprietary notices. You may not use the Website, App or any portion thereof to create or re-create a similar or competing service. Any use of the content of this Website or App not expressly permitted by these Terms of Use, or permitted in writing by us prior to your use, is a breach of these Terms of Use and is strictly prohibited. Please direct any requests for permission to [email protected].
- Our Website and App contain material that is protected by the copyright, trademark and other intellectual property laws of the United States and foreign countries. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from our Website or App, except as expressly set forth above. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT OF THE WEBSITE OR APP, OR THE TRADEMARKS SET FORTH THEREIN, CONSTITUTES COPYRIGHT AND/OR TRADEMARK INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED UNDER UNITED STATES AND INTERNATIONAL LAWS AND TREATIES. Any unauthorized use by you of our intellectual property may lead us to revoke your access to our Website and/or App.
D. Collection and Use of Your Content by Us
- The very nature of the service we provide to you requires that we gather, process, use and distribute information that you provide directly (for example, name, physical address, e-mail address and resume), as well as information regarding the manner in which you use our Website or App. We cannot guarantee that your information will be prevented from being viewed by any particular person or entity. Our Privacy Policy governs our treatment of information that you provide to us.
- If you have directly submitted information and would like us to remove it from its database, you should contact us at the email address or phone number listed in the Contact Us section of our Website or App, and we will use reasonable efforts to delete your information from our then existing files.
- You acknowledge, consent and agree that we may access, preserve, and disclose your registration information, your profile and any other information you provide to us if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary in our opinion to: (a) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (b) enforce these Terms of Use; (c) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (d) respond to customer service inquiries; or (e) protect the rights, property, or personal safety of Snagajob.com, our Members or the public.
- While we appreciate hearing from you and welcome your comments regarding our Website and/or App, our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those we have specifically requested. While we do value your feedback on our Website and/or App, please be specific in your comments regarding our Website or App and do not submit creative ideas, inventions, suggestions or materials. If, despite our foregoing request, you send us creative suggestions, ideas, drawings, concepts, inventions or other information (collectively, a “Submission”), such Submission shall immediately become our property. The Submission shall not be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. We shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person.
E. Monitoring
We are under no obligation to monitor the information residing on or transmitted through our Website or App. However, you agree that we may monitor content on our Website or App (a) to comply with any applicable laws, regulations or other government requests; (b) to operate our Website and App properly or to protect us and/or Sponsors or advertisers; and (c) for such other purposes as we deem reasonably necessary or appropriate from time to time. We reserve the right to modify, reject or eliminate any information residing on or transmitted to our Website or App that we believe is unacceptable or in violation of these Terms of Use.
F. No Professional Advice
None of the services, materials, content, or information available on or through our Website or App constitutes employment, career, financial, legal, or other professional advice. You are encouraged to obtain advice tailored to your particular situation from a qualified professional if you have any questions regarding any such matters.
G. Links to Other Sites
- Our Website and App may contain hyperlinks or other connections to websites operated by persons or entities other than us, including, without limitation, those of subscribing Sponsors or advertisers. We do not control those websites and are not responsible for them, their availability, content or any viruses that may be accessed through them. Our inclusion of hyperlinks or other connections to such websites does not imply any endorsement of the material on them or any association with their owners or operators. You are responsible for evaluating whether you want to access or use a third party website. You should review any applicable terms and/or privacy policies of a third party website before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not. We are not responsible for and do not endorse any features, content, advertising, products or other materials on or available from a third party website. Accordingly, if you decide to access a third party website, you do so at your own risk and agree that your use of any such website is on an “as is” basis without any warranty, and that these Terms of Use do not apply to your use of any third party website.
- We have no responsibility whatsoever for the activities of our Members or our Sponsors or advertisers or their respective hiring, recruiting or other practices (or any of the information posted or downloaded by them on or from our Website or App). Nothing on our Website or App shall be deemed to be an endorsement, representation or warranty with respect to any Sponsor or advertiser or other third person or entity, whether in regard to its website, products, services or otherwise.
H. Limitation of Liability and Disclaimer of Warranties
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND/OR APP AND THE INTERNET GENERALLY. OUR WEBSITE, APP AND THE INFORMATION PROVIDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, AND/OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE WEBSITE, APP OR OUR INFORMATION PROVIDED THEREIN.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE (1) ACCURACY, COMPLETENESS, CONTEMPORANEOUSNESS OR TIMELINESS OF OUR WEBSITE OR APP, (2) THE QUALITY AND SECURITY OF OUR WEBSITE OR APP, OR (3) THE INABILITY TO ACCESS OUR WEBSITE, APP OR THE CONTENT OF EITHER, INCLUDING WHETHER OUR WEBSITE OR APP WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OUR WEBSITE OR APP. WHEN USING OUR WEBSITE OR APP, INFORMATION WILL BE TRANSMITTED OVER THE INTERNET, A MEDIUM THAT IS BEYOND OUR CONTROL AND JURISDICTION. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR APP, AND YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR WEBSITE OR APP. ANY MATERIAL DESCRIBED OR USED ON OUR WEBSITE OR APP MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US. WE MAKE NO WARRANTIES WHATSOEVER THAT A USER WILL OBTAIN ANY JOB THROUGH OUR WEBSITE OR APP, NOR DO WE MAKE ANY WARRANTIES ABOUT (AND TAKE NO RESPONSIBILITY FOR) ANY JOB YOU MAY OBTAIN. WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO OUR WEBSITE OR APP, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF OUR WEBSITE OR APP BY OTHER USERS. THEREFORE, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
I. Limitation of Damages and Remedies
YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM OUR WEBSITE OR APP. YOU FURTHER AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING OUR WEBSITE OR APP. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE OR APP, OR WITH THE DELAY OR INABILITY TO USE THEM (OR ANY LINKED SITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH OUR WEBSITE OR APP, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE OR APP, THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE, OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED OR HARMED BY US OR ANYTHING RELATED TO US, YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THESE TERMS OF USE IN ACCORDANCE WITH SECTION IV (N) (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. OUR CUMULATIVE LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE WEBSITE, APP, OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY OF OUR SERVICES, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
THIS LIMITATION OF LIABILITY SHALL (1) APPLY REGARDLESS OF WHETHER (a) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (b) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (c) THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL OF THEIR ESSENTIAL PURPOSE; AND (2) NOT APPLY TO ANY DAMAGE THAT WE MAY CAUSE YOU INTENTIONALLY OR KNOWINGLY IN VIOLATION OF THESE TERMS OF USE OR APPLICABLE LAW, OR AS OTHERWISE MANDATED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED IN THESE TERMS OF USE. IN NO EVENT SHALL WE BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF OUR WEBSITE, APP, OR THE CONTENT OF EITHER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Any claims made by you in connection with your use of our Website, App, or the content of either, must be brought within one (1) year of the date on which the event giving rise to such claim occurred. All remedies set forth in these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
J. No Partnership
You agree that no joint venture, partnership, employment or agency relationship exists between you and us (or any of our Sponsors) as a result of these Terms of Use or your use of our Website or App.
K. Certain Legal Requirements
Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in them will diminish our right to comply with law enforcement requests or requirements relating to your use of our Website or App or information provided to or gathered by us with respect to such use.
L. Agreement
These Terms of Use represent the entire binding agreement between you and us, and our respective successors and assigns, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding us, our Website, App or the content thereon. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
M. No Extraterritoriality
We are based in Glen Allen, Virginia in the United States of America. We make no representation that our Website or App is appropriate or may legally be viewed in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the Website or App is prohibited from jurisdictions where the Website, App, or their content, is illegal. Those who choose to access or use the Website or App do so on their own initiative and are responsible for compliance with applicable laws. If you access or use the Website or App from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
N. Termination
- Mutual rights of termination. You may terminate your account with us for any reason or no reason, at any time, with notice to us. Your termination notice will be effective upon our processing the notice. We may terminate your account with us for any reason or no reason, at any time, with or without notice. A termination by us will be effective immediately or as may be specified in any notice from us. Termination of your account with us includes disabling your access to our Website and/or App and may also bar you from any future use of our Website and/or App.
- Misuse of the Services. We may restrict, suspend or terminate the account of any Member who abuses or misuses our Website or App. Misuse of our Website or App includes inviting other Members with whom you do not know to connect; abusing the My Account messaging services; creating multiple or false profiles; using our Website or App commercially without our authorization; infringing any intellectual property rights; or any other behavior that we, in our sole discretion, deem contrary to the purpose of the Website or App. In addition, and without limiting the foregoing, we will terminate accounts of Members who, in our sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
- Effect of Termination. Upon the termination of your account with us, you lose access to our Website or App. In addition, we may block access to our Website or App from an IP address or range of IP addresses associated with those of terminated Members.
- Survivability. Any provision that by its nature should survive termination or expiration of these Terms of Use does survive, including, but not limited to, the following provisions: Website and App Security Rules; Indemnification; Snagajob.com Intellectual Property; Collection and Use of Your Content by Us; Limitation of Liability and Disclaimer of Warranties; Limitation of Damages and Remedies; Termination; Jurisdiction and Choice of Law; and Other.
O. Identification of Copyright or Trademark Infringement Agent
If you believe that your copyrighted work or trademark has been uploaded, posted or copied to our Website or App and is accessible on our Website or App in a way that constitutes copyright or trademark infringement, please review our procedure for Complaint Procedure Regarding Content Posted on the Snagajob.com Website or App.
P. Jurisdiction and Choice of Law
- You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, or agents: (a) you will submit to the jurisdiction of the courts of Henrico County, Virginia, including, without limitation, the United States District Court for the Eastern District of Virginia, Richmond Division, or the Circuit Court of the County of Henrico, and (b) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
- You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, directors, and agents, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia in all matters, without regard to its provisions regarding conflicts of law and the United Nations Convention for the International Sale of Goods.
Q. Other
- Your satisfaction is our top priority and we're confident you'll be pleased with our services. Still, if you try us and decide your account does not sufficiently meet your needs, you can cancel for a refund.
- Upon cancellation, your job posting will be turned off and you will be refunded the full amount of your most recent monthly charge from Snagajob.
- The money back guarantee only applies for services that are contracted for using our on-line self-serve portal, does not apply to any services other than job postings and is available only once to each customer.
R. Other
- These Terms of Use, and our Privacy Policy and our Complaint Procedure Regarding Content Posted on the Snagajob.com Website or App, which are incorporated into these Terms of Use by reference, constitute the entire agreement between us and you with respect to the subject matter of these Terms of Use, and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral, or whether established by custom, practice, policy or precedent.
- We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights or obligations under these Terms of Use without our prior express written permission. Any attempt by you to assign your rights or obligations under these Terms of Use without our permission shall be void.
- If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- Our failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by these Terms of Use, no representations, statements, consents, waivers or other acts or omissions by us shall be deemed legally binding on us, unless documented in a physical writing hand signed by one of our duly appointed officers.
- In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of our Website or App, exploitation of any advertising or other materials issued in connection therewith, or exploitation of our Website, App or any content or other material used or displayed on our Website or App.
- Entities that Snagajob.com owns a fifty percent (50%) or greater interest in (an “Affiliate”) are not parties to these Terms of Use, but intended third party beneficiaries of these Terms of Use, with a right to enforce these Terms of Use directly against you. Neither Apple Inc. nor its subsidiaries are parties to these Terms of Use, but Apple Inc. and its subsidiaries are third party beneficiaries to these Terms of Use as it applies to the App and if you download the App from the iTunes store to an Apple device. By accepting these Terms of Use, Apple will have the right to enforce these Terms of Use against you.
- The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use.
- For further information relating to these Terms of Use, or to report a problem regarding the Website or App, please contact [email protected], or call Snagajob.com's Support Line 1-877-461-SNAG (7624).
Effective May 6, 2020 to May 6, 2020
DownloadTable of Contents
Snagajob.com® Terms of Use
THESE TERMS OF USE CONSTITUTE A BINDING LEGAL AGREEMENT AND GOVERN THE USE OF THE SNAGAJOB.COM WEBSITE AND MOBILE APPLICATION. PLEASE READ THEM CAREFULLY!
I. Introduction
A. Mission Statement
Snagajob.com, Inc's Mission Statement is to put people in the right-fit positions so they can maximize their potential and live more fulfilling lives.
B. The Snagajob.com Website and Mobile Application
- The Snagajob.com Website and Mobile Application, including all information, text, visual images, software, products and services used or available via the Website or the App and the interactive user area referred to as My Account that is part of the Website (collectively, the "Website") and the “Job Search - Snagajob” Mobile Application (“App”) are owned and operated by Snagajob.com, Inc. ("Snagajob.com," "we," "our," or "us"). Our Website and App are for the use of our members ("Members," "you" or "your") only. Our Website and App enable our Members to learn about, and apply for, employment opportunities with businesses that contract with us to post job listings ("Sponsors"). We agree to provide you with access to our Website and/or App subject to these Terms of Use. In consideration for your use of our Website and/or App, you agree to use it in accordance with these Terms of Use, without reservation. If you register for, or access, our Website or App in any manner, including social registration or login through Facebook, your registration or access constitutes use of the Website or App. BY REGISTERING FOR OR ACCESSING OUR WEBSITE OR APP IN ANY MANNER WHATSOEVER, INCLUDING THROUGH FACEBOOK REGISTRATION, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT REGISTER FOR, ACCESS OR USE OUR WEBSITE OR APP. IF YOU WISH TO ACCESS AND USE OUR WEBSITE OR APP, YOU MUST SELECT THE "I ACCEPT" OPTION AT THE BOTTOM OF THE REGISTRATION FORM OR DURING THE APP REGISTRATION PROCESS. IF YOU DO NOT WISH TO ACCESS OR USE OUR WEBSITE OR APP, YOU MUST SELECT THE "I DO NOT ACCEPT" OPTION AT THE BOTTOM OF THE REGISTRATION FORM OR DURING THE APP REGISTRATION PROCESS. Any and all rights not expressly granted in these Terms of Use are reserved by Snagajob.com.
- By creating a profile or by submitting an application to an employer through our Website or App, you are expressly consenting to our use of your name, as well as your likeness, image, photo, video, voice, and appearance if you provide a photo or video, in connection with a jobseeker database that potential employers may browse. You may be contacted by third parties about jobs for which you did not apply. Additionally, by submitting an application to an employer through our Website or App, you are expressly consenting to our use of your name, as well as your likeness, image, video, voice, and appearance if you provide a video, in connection with your application and delivering your application to the particular employer. We do not submit your photo directly to an employer when you submit an application. However, it is possible for an employer to view your profile, including your photo, in our browsable database of jobseekers. If you do not want to be included in our jobseeker database, do not create a profile and do not submit an application using our Website or App. If you do not want your photo or video to be included in our jobseeker database, do not provide a photo or video in your profile or in connection with a job application.
C. Use of App
- The use of the App requires use of a mobile device and wireless and mobile data service, which you must obtain from your carrier, and may require Internet access. You are responsible for obtaining and paying for such services, and Snagajob.com will not be liable for any costs or fees incurred by or through your use of the App, including, but not limited to, any mobile carrier fees, any SMS, MMS or other text or multimedia message fees, or any payment provider fees.
- By using the App, you consent to receive, at your own cost, electronic communications from Snagajob.com about the App, including, without limitation, via SMS, MMS and other text or multimedia messages, email, and by transmitting data to your mobile device such as through a push message. Such communications from Snagajob.com, Inc. may include, without limitation, administrative messages, service announcements, diagnostic data reports, and updates to the App itself. You consent to the transmission of data from Snagajob.com, Inc. and the App to and from your mobile device, including to push automatic updates to your mobile device.
D. Facebook Social Registration and Login
- By registering for and/or accessing the Website or App through Facebook, you agree to be bound by these Terms of Use, without reservation. Specifically, you agree that any and all information and/or data submitted to us through the Facebook registration process is subject to these Terms of Use including, but not limited to, Section III (D) ("Your License to Us") below.
- By registering through Facebook, you agree to receive email job alerts from us. If you wish to unsubscribe from our email job alerts, you may do so at anytime by updating your settings options through your desktop profile.
E. Modifications to our Website, App and to the Terms of Use
- From time to time we will change, or make improvements to, our Website and App. Such changes and/or improvements may be made without prior notice to you. We may provide you notice of such change on our Website, App or in e-mails we send to our Members.
- From time to time, we also may change these Terms of Use or impose new conditions on the use of the Website and/or App without prior notice to you, in which case we will post the revised Terms of Use on this Website. The revised Terms of Use will be effective immediately upon their posting on the Website. You are responsible for reviewing the most current version of these Terms of Use before using the Website or App to ensure that you agree to any revisions to these Terms of Use. If at any time you do not agree to the revisions we make to these Terms of Use, you should immediately stop accessing or using the Website or App in any manner whatsoever and must remove the App software from your mobile device. By continuing to use the Website or App after we post any such changes, you accept the Terms of Use, as modified. You further agree that these methods of providing notice and acceptance of changes or revisions to these Terms of Use are reasonable.
II. Your Rights and Obligations
A. Service Eligibility
To be eligible to use the Website or App, you represent and warrant that you: (1) are fourteen (14) years of age or older; (2) are not currently restricted from the Website or App, or not otherwise prohibited from having an account with us, (3) are not a competitor of ours and are not using the Website or App for reasons that are in competition with us; (4) will only maintain one account with us at any given time (although you can delete an account and subsequently register for a new one, as long as you have only one active account at a time); (5) have full power and authority to enter into this agreement with us and to be bound by these Terms of Use and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of the Website or App, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to access and use the Website or App.
B. Registration
If you choose to create a profile on our Website or App or through Facebook social registration, you must complete an online registration form. You agree (1) to provide true, accurate, current and complete information about yourself as prompted by the Website's or App’s registration form, and (2) to maintain and promptly update the information you provide to us in order to keep your profile true, accurate, current and complete. If we have reasonable grounds to suspect that the information in your profile is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Website or App (or any portion thereof) by you. Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
C. User Name/E-Mail Address and Password
To log onto our Website or App, you will need a user name and password which you will supply when you register to use our Website or App. You are responsible for maintaining the security and confidentiality of your user name and password, and all activities (whether by you or by others) with respect to the Website and/or App that occur under your user name or password. You are also liable for all charges, damages and losses incurred or suffered by you and/or by us as a result of your failure to maintain the confidentiality of your user name and password. We are not liable for any harm or loss caused by or related to the theft or disclosure of your user name and password, or your authorization to allow another person to access and use the Website or App with your user name and password. You agree to notify us immediately of any unauthorized use of your user name and password, the need to deactivate your user name and password due to security concerns, or any other breach of security. You must ensure that you log out of your account at the end of each session.
D. Your License and Authorization to Us
- By submitting (e.g., uploading) any message, information, data, text, software, images, or other materials ("Content") to the Website or App, you automatically grant Snagajob.com a royalty-free, perpetual, irrevocable, non-exclusive, fully paid up, transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide, or to incorporate it in other
works in any form, media, or technology now known or later developed (for the full term of any rights that may exist in such Content), without restriction or compensation, and to grant and authorize sublicenses thereof. In addition, you agree to waive all moral rights in the Content. Snagajob.com and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the Website or App that violates these Terms of Use or is otherwise objectionable. By submitting Content to the Website or App, you represent and warrant that (1) you own the Content, (2) you are entitled to submit it to us and (3) the Content is accurate, truthful, not confidential, and not in violation of any contractual restrictions, third party intellectual property rights, third party privacy rights, or other third party rights. - By submitting and/or signing an application, new hire paperwork (employment agreements, arbitration agreements, new hire manuals, etc.) or other similar document through the Website, you authorize Snagajob to disclose any information that Snagajob has collected during and from the submission and/or signature process, including but not limited to any information necessary to prove the electronic signatures on the application, new hire paperwork or other similar document are attributable to you, to the employer to which the application, new hire paperwork or other similar document was submitted to and/or signed for.
E. Your Responsibilities
- Our Website and App are intended to be used only for lawful purposes by individuals seeking employment. You may not use (or plan, encourage or help others to use) our Website or App for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of our Website and/or App complies with these Terms of Use and to seek prior written permission from us for any uses not permitted or not expressly specified herein. If you do any of the items listed in part three of this section, below, we may, at our sole option, terminate your access to our Website and/or App.
- In connection with using our Website and/or App, you agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with our Privacy Policy;
- Review and comply with notices sent by us concerning the Website, App and our operation thereof; and
- Use the Website and/or App in an honest, respectful and professional manner.
- In connection with using our Website and/or App, you agree that you will not:
- Act dishonestly or unprofessionally by engaging in unprofessional behavior or by posting inappropriate, inaccurate, or objectionable content to our Website or App;
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on our Website or App (excluding Content posted by you) except as permitted in these Terms of Use or as expressly authorized by us;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used in connection with the Website or App, or any part thereof;
- Include information in your profile or elsewhere, except in designated fields, that is confidential in nature or that reveals your identity or sensitive personal information such as an email address, phone number or address;
- Create a user profile for anyone other than a natural person;
- Utilize information, content or any data you view on and/or obtain from our Website or App to provide any service that is competitive, in our sole discretion, with our Website, App or our business;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by Snagajob.com, unless you have entered into a written agreement with us to that effect;
- Adapt, modify or create derivative works based on our Website, App or the technology underlying either, or other Members' content, in whole or part;
- Rent, lease, loan, trade or sell/re-sell access to our Website, App or any information therein, or the equivalent, in whole or part;
- Deep-link to our Website or App for any purpose, (i.e. including a link to one of our web pages other than our Website's home page) unless expressly authorized in writing by us or for the purpose of promoting your profile on our Website or App;
- Use manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl" or "spider" our Website or App;
- Use bots or other automated methods to add or download contacts, send or redirect messages or perform other permitted activities;
- Access, via automated or manual means or processes, our Website or App for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
- Engage in "framing," "mirroring," or otherwise simulating the appearance or function of our Website or App;
- Attempt to or actually access our Website or App by any means other than through the interfaces provided by us;
- Attempt to or actually override any security component included in or underlying our Website or App;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Members or our personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Website or App, including ours or any Sponsor's;
- Remove, cover or otherwise obscure any form of advertisement included on our Website or App;
- Harass, abuse or harm another person, including sending unwelcome communications to others using our Website or App;
- Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from our Website or App except as expressly permitted in these Terms of Use, App or as the owner of such information may expressly permit;
- Share information of non-Members without their express consent;
- Interfere with or disrupt our Website or App, including but not limited to any servers or networks connected to our Website or App;
- Invite people you do not know to join My Account;
- Upload a cartoon, symbol, drawing or any content other than a head-shot photograph of yourself in your profile photo or video (if applicable);
- Use or attempt to use another's account without our authorization, or create a false identity on our Website or App;
- Infringe or use our brand, logos and/or trademarks, including, without limitation, using the words "Snagajob" or "Snagajob.com," or words likely to be confused with those words, in any business name, email, or URL, except as expressly permitted by us in writing;
- Upload, post to My Account, email, transmit or otherwise make available or initiate any content that:
- Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by us);
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
- Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to (1) using our Website or App to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (2) using our Website or App to connect to people who don't know you and then sending unsolicited promotional messages to those connections without their permission; and (3) sending messages to distribution lists, newsgroup aliases or group aliases;
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ours or any Member; and/or H. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through our Website or App.
- Participate, directly or indirectly, in the setting up or development of a network that seeks to create a pyramid scheme or other similar practice.
F. Website and App Security Rules
- You are prohibited from violating or attempting to violate the security of our Website or App, including, without limitation, (a) accessing data not intended for you or logging into a server or account that you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of our Website or App or to breach security or authentication measures without proper authorization, or (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of overloading, "flooding", "mailbombing" or "crashing."
- Violations of Website, App or network security may result in civil or criminal liability. We may investigate occurrences which involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Members who are involved in such violations.
G. Indemnification
You agree to defend, indemnify and hold us, our officers, directors, employees, members, agents, and affiliates harmless from and against all claims, charges, investigations, actions or demands, liabilities and settlements, including without limitation our losses, costs, damages and reasonable legal and accounting fees (collectively, the "Indemnified Claims"), resulting from, or alleged to result from: (1) your breach of these Terms of Use; (2) any Content or other material you provide to our Website or App, (3) your use of our Website's or App’s content, (4) your violation of any applicable law, regulation, rule or order pertaining to your use of our Website or App; (5) your unauthorized or unlawful use of our Website or App; (6) any activity in which you engage in or through our Website or App; or (7) the unauthorized or unlawful use of our Website or App by any other person using your user name and password. We will use reasonable efforts to provide you with prompt notice of any such Indemnified Claims, and may assist you, at our expense and option, in defending any such Indemnified Claims.
H. Notifications and other Service Communications
For purposes of our communicating with you regarding the Website or App, notice required by us under these Terms of Use shall consist of an email from us to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you about your Website account, App account, or any other services associated with us through your Website account, App account, including directly through push notifications, or through other means including email, cellular telephone, SMS or MMS messaging, telephone, or delivery services including the U.S. Postal Service,. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Website or App. You may contact us via email at:
Snagajob.com, Inc. 4851 Lake Brook Drive Glen Allen, VA 23060 USA Attention: CFO
Additionally, Snagajob.com accepts service of process at this address. Any notice required by you under these Terms of Use shall be by mail or courier at the address above with a copy sent by email at [email protected]. Notice by you not in compliance with this section shall have no legal effect.
I. User to User Communications
- We offer various forums and blogs on our Website such as My Account where you can post your resume and communicate with other Members. Ideas you post and information you share may be seen and used by other Members and by Sponsors, and we cannot guarantee that other Members or Sponsors will not use the ideas and information that you share on our Website or App. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to our Website or App. WE ARE NOT RESPONSIBLE FOR A MEMBER’S OR SPONSOR’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY COMMUNITY FORUMS ON OUR WEBSITE OR APP, INCLUDING, BUT NOT LIMITED TO, INFORMATION YOU POST IN “MY ACCOUNT.”
- You are solely responsible for your interactions with other Members. We may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Members through use of the Website, App or otherwise limit your use of the Website or App. We reserve the right, but have no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if we determine, in our sole discretion, that doing so is necessary to enforce these Terms of Use.
J. Peer to Peer Messaging
- The peer to peer messaging functionality is not to be used for emergency communications, and may only be used for lawful and authorized purposes. You and any user added to your organization or location shall not use the messaging functionality to:
- upload, post, transmit, or otherwise make available anything that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Snagajob employee, administrator, owner, or other member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- manipulate identifiers in order to disguise your or a user's identity;
- upload, post, transmit, or otherwise make available any of information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, transmit or otherwise make available information in a manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- provide access to the communication functionality of the Service to any third party;
- upload, post, transmit, or otherwise make available any commercial offers, advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
- disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges using the communication functionality of the Service;
- interfere with or disrupt the communication functionality of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including using any device or software;
- modify, adapt, or hack the communication functionality of the Service, including by using any non-public Snagajob APIs, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
- intentionally or unintentionally violate any applicable local, state, national or international law in connection with your use of the communication functionality of the Service, including, but not limited to, the Telephone Consumer Protection Act, 47 U.S.C. section 227, any data, privacy, or export control laws, or regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above.
- If you consent to receive SMS messages in connection with the peer to peer communication functionality of the Services, you certify that you are authorized: (a) to use the designated mobile phone number which will receive the SMS messages, and (b) to incur any mobile message or data charges that may be incurred by receipt of the SMS messages as message and data rates may apply. You also agree that by consenting to receive SMS messages in connection with the peer to peer communication functionality of the Services, Snagajob and its representatives may send you automated texts to numbers you associate with your account to inform you when messages from other users are waiting and for any other account-related, customer service or administrative purpose. You may opt out of receiving SMS messages by replying STOP to any Snagajob text message, changing your Snagajob account settings, or contacting the Snagajob Customer Support team at 866-277-1995.
- You understand and agree that Snagajob has no obligations or liabilities associated with any use of the messaging functionality by you or a user that is added to your organization or location. If you add an organization or location in connection with the messaging functionality, you represent and warrant to Snagajob that you are the owner of that organization or location or are otherwise authorized by the organization or location. You understand and agree that you are solely responsible to ensure that a user added under your organization or location complies with the terms of this Section.
K. Compliance with Applicable Laws
You are responsible for ensuring that your use of our Website and/or App complies with all laws directly or indirectly applicable to you or us. Snagajob.com IS NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE WEBSITE OR APP IN WAYS THAT DO NOT COMPLY WITH ANY APPLICABLE LAW.
L. You Must be 14 or Older to Use this Website or App
You must be fourteen (14) years of age or older to visit or use our Website or App in any manner. By accessing our Website or App and accepting these Terms of Use, you represent and warrant to us that you have reached the age of fourteen (14) years of age or older, and that you have the right, authority and capacity to agree to, and abide by, these Terms of Use. We will not knowingly collect personally identifiable information from persons under the age of fourteen (14). Snagajob.com complies with the Child Online Privacy Protection Act. If we inadvertently collect personally identifiable information from anyone under the age of fourteen (14), we will delete that information in accordance with our security protocols upon notice.
M. Your Right to Use our Website and App
- For as long as you comply with these Terms of Use and your obligations thereunder, you have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to access and use our Website through a generally available web browser only for its intended purpose and only as provided in these Terms of Use. For as long as you comply with these Terms of Use and your obligations thereunder, you have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to download a single copy of the app to your mobile device and to access and use our App through that mobile device for its intended purpose and only as provided in these Terms of Use and in accordance with any usage rules set forth in application stores’ terms of service. Our Website and App are only for your personal and noncommercial use. You may not access our Website or App through scraping, spidering, crawling or any other technology or software used to access data without our express written consent. Except as specifically permitted, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any content or information included on our Website or App.
- In addition, you may not (a) rent, lend, sublease or transfer this limited license or any data residing on our Website, App or any of your rights under these Terms of Use to anyone else, (b) develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any part of our Website or App, or (c) transfer to or store any data residing or exchanged over our Website or App in any electronic network for use by more than one Member without obtaining prior written permission from us.
- If you violate any of these Terms of Use, we may immediately terminate your limited license to use our Website and/or App. Any other use of our Website or App contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from our Website or App commercially unless expressly authorized by us) is strictly prohibited and a violation of these Terms of Use. We reserve all rights not expressly granted in these Terms of Use, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in this Website, App and all related items.
N. Complaint Procedure
We built our Website and App to help you find a job, and to help you meet potential employers and other similarly situated job seekers. To achieve this purpose, we encourage you to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, these Terms of Use require that information posted by you be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, we provide a process for submission of complaints concerning content posted by you. Our policy and procedures can be found at our Complaint Procedure Regarding Content Posted on the Snagajob.com Website.
O. Export Control
Your use of our Website or App, including the software that runs our Website or App, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software, you are not listed on any US government list of prohibited or restricted persons, and you are not located in a country that is subject to a US government embargo or that has been designated by the US government as a “terrorist supporting” country.
III. Our Rights and Obligations
A. Availability of Website and App
For as long as we operate them, we will use our best efforts to provide and seek to update, improve and expand the Website and App, subject to limitations stated in these Terms of Use. As a result, we allow you to access our Website and App as they may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms of Use. We may modify, replace, refuse access to, suspend or discontinue our Website or App, partially or entirely, and at any time, in our sole discretion and without notice to you. All of these changes shall be effective upon their posting on our Website, App or by direct communication to you unless otherwise noted. We further reserve the right, within in our sole discretion, to withhold, remove and/or discard any content available as part of your account, with or without notice, for any reason, including because we deem it, at our discretion, to be contrary to these Terms of Use, or for no reason. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using our Website or App.
B. Privacy Policy
Our Privacy Policy is incorporated herein by this reference and made an integral part hereof. You should review our Privacy Policy carefully before agreeing to use our Website or App because our Privacy Policy governs our treatment of information about you, including personally identifiable information that you submit to use when you create a profile or when you participate in the features available at My Account. Please note that certain Content that you may submit to us, or message boards or blogs that you subscribe or contribute Content to might, or are likely to, reveal your gender, ethnic origin, nationality, age, religion and/or sexual orientation, and/or other personal information about you. You acknowledge that your submission of any Content to us is completely voluntary on your part.
C. Snagajob.com Intellectual Property
- All of the design, text, and graphics of our Website and App, as well as the selection and arrangement thereof, are Copyright (C) 2010 Snagajob.com, Inc., All Rights Reserved. SNAGAJOB, SNAGAJOB.COM, THE #1 SOURCE FOR HOURLY EMPLOYMENT, SYSDINE, LOG ON. FIND A JOB. GET TO WORK, THE HOURLY GIG, HOURLY AMERICA, and all of our logos, including the Snagajob logo, The Hourly Gig logo, and the S logo are our trademarks. These trademarks, and the Website and App images and text, and all page headers, graphics, HTML based computer programs used to generate pages on the Website or App, and icons are our trademarks, service marks and/or trade dress, and may not be used without our prior written permission. All uses thereof inure to our benefit. All other trademarks, product names and company names or logos included on the Website or App are the property of their respective owners.
- You may download and print a single copy of the Website or App for your personal use, provided that the content of the Website or App must not be altered in any way and must contain all copyright, trademark and other proprietary notices. You may not use the Website, App or any portion thereof to create or re-create a similar or competing service. Any use of the content of this Website or App not expressly permitted by these Terms of Use, or permitted in writing by us prior to your use, is a breach of these Terms of Use and is strictly prohibited. Please direct any requests for permission to [email protected].
- Our Website and App contain material that is protected by the copyright, trademark and other intellectual property laws of the United States and foreign countries. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from our Website or App, except as expressly set forth above. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT OF THE WEBSITE OR APP, OR THE TRADEMARKS SET FORTH THEREIN, CONSTITUTES COPYRIGHT AND/OR TRADEMARK INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED UNDER UNITED STATES AND INTERNATIONAL LAWS AND TREATIES. Any unauthorized use by you of our intellectual property may lead us to revoke your access to our Website and/or App.
D. Collection and Use of Your Content by Us
- The very nature of the service we provide to you requires that we gather, process, use and distribute information that you provide directly (for example, name, physical address, e-mail address and resume), as well as information regarding the manner in which you use our Website or App. We cannot guarantee that your information will be prevented from being viewed by any particular person or entity. Our Privacy Policy governs our treatment of information that you provide to us.
- If you have directly submitted information and would like us to remove it from its database, you should contact us at the email address or phone number listed in the Contact Us section of our Website or App, and we will use reasonable efforts to delete your information from our then existing files.
- You acknowledge, consent and agree that we may access, preserve, and disclose your registration information, your profile and any other information you provide to us if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary in our opinion to: (a) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (b) enforce these Terms of Use; (c) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (d) respond to customer service inquiries; or (e) protect the rights, property, or personal safety of Snagajob.com, our Members or the public.
- While we appreciate hearing from you and welcome your comments regarding our Website and/or App, our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those we have specifically requested. While we do value your feedback on our Website and/or App, please be specific in your comments regarding our Website or App and do not submit creative ideas, inventions, suggestions or materials. If, despite our foregoing request, you send us creative suggestions, ideas, drawings, concepts, inventions or other information (collectively, a “Submission”), such Submission shall immediately become our property. The Submission shall not be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. We shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person.
E. Monitoring
We are under no obligation to monitor the information residing on or transmitted through our Website or App. However, you agree that we may monitor content on our Website or App (a) to comply with any applicable laws, regulations or other government requests; (b) to operate our Website and App properly or to protect us and/or Sponsors or advertisers; and (c) for such other purposes as we deem reasonably necessary or appropriate from time to time. We reserve the right to modify, reject or eliminate any information residing on or transmitted to our Website or App that we believe is unacceptable or in violation of these Terms of Use.
F. No Professional Advice
None of the services, materials, content, or information available on or through our Website or App constitutes employment, career, financial, legal, or other professional advice. You are encouraged to obtain advice tailored to your particular situation from a qualified professional if you have any questions regarding any such matters.
G. Links to Other Sites
- Our Website and App may contain hyperlinks or other connections to websites operated by persons or entities other than us, including, without limitation, those of subscribing Sponsors or advertisers. We do not control those websites and are not responsible for them, their availability, content or any viruses that may be accessed through them. Our inclusion of hyperlinks or other connections to such websites does not imply any endorsement of the material on them or any association with their owners or operators. You are responsible for evaluating whether you want to access or use a third party website. You should review any applicable terms and/or privacy policies of a third party website before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not. We are not responsible for and do not endorse any features, content, advertising, products or other materials on or available from a third party website. Accordingly, if you decide to access a third party website, you do so at your own risk and agree that your use of any such website is on an “as is” basis without any warranty, and that these Terms of Use do not apply to your use of any third party website.
- We have no responsibility whatsoever for the activities of our Members or our Sponsors or advertisers or their respective hiring, recruiting or other practices (or any of the information posted or downloaded by them on or from our Website or App). Nothing on our Website or App shall be deemed to be an endorsement, representation or warranty with respect to any Sponsor or advertiser or other third person or entity, whether in regard to its website, products, services or otherwise.
H. Limitation of Liability and Disclaimer of Warranties
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND/OR APP AND THE INTERNET GENERALLY. OUR WEBSITE, APP AND THE INFORMATION PROVIDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, AND/OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE WEBSITE, APP OR OUR INFORMATION PROVIDED THEREIN.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE (1) ACCURACY, COMPLETENESS, CONTEMPORANEOUSNESS OR TIMELINESS OF OUR WEBSITE OR APP, (2) THE QUALITY AND SECURITY OF OUR WEBSITE OR APP, OR (3) THE INABILITY TO ACCESS OUR WEBSITE, APP OR THE CONTENT OF EITHER, INCLUDING WHETHER OUR WEBSITE OR APP WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OUR WEBSITE OR APP. WHEN USING OUR WEBSITE OR APP, INFORMATION WILL BE TRANSMITTED OVER THE INTERNET, A MEDIUM THAT IS BEYOND OUR CONTROL AND JURISDICTION. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR APP, AND YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR WEBSITE OR APP. ANY MATERIAL DESCRIBED OR USED ON OUR WEBSITE OR APP MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US. WE MAKE NO WARRANTIES WHATSOEVER THAT A USER WILL OBTAIN ANY JOB THROUGH OUR WEBSITE OR APP, NOR DO WE MAKE ANY WARRANTIES ABOUT (AND TAKE NO RESPONSIBILITY FOR) ANY JOB YOU MAY OBTAIN. WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO OUR WEBSITE OR APP, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF OUR WEBSITE OR APP BY OTHER USERS. THEREFORE, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
I. Limitation of Damages and Remedies
YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM OUR WEBSITE OR APP. YOU FURTHER AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING OUR WEBSITE OR APP. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE OR APP, OR WITH THE DELAY OR INABILITY TO USE THEM (OR ANY LINKED SITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH OUR WEBSITE OR APP, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE OR APP, THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE, OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED OR HARMED BY US OR ANYTHING RELATED TO US, YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THESE TERMS OF USE IN ACCORDANCE WITH SECTION IV (N) (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. OUR CUMULATIVE LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE WEBSITE, APP, OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY OF OUR SERVICES, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
THIS LIMITATION OF LIABILITY SHALL (1) APPLY REGARDLESS OF WHETHER (a) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (b) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (c) THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL OF THEIR ESSENTIAL PURPOSE; AND (2) NOT APPLY TO ANY DAMAGE THAT WE MAY CAUSE YOU INTENTIONALLY OR KNOWINGLY IN VIOLATION OF THESE TERMS OF USE OR APPLICABLE LAW, OR AS OTHERWISE MANDATED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED IN THESE TERMS OF USE. IN NO EVENT SHALL WE BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF OUR WEBSITE, APP, OR THE CONTENT OF EITHER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Any claims made by you in connection with your use of our Website, App, or the content of either, must be brought within one (1) year of the date on which the event giving rise to such claim occurred. All remedies set forth in these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
J. No Partnership
You agree that no joint venture, partnership, employment or agency relationship exists between you and us (or any of our Sponsors) as a result of these Terms of Use or your use of our Website or App.
K. Certain Legal Requirements
Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in them will diminish our right to comply with law enforcement requests or requirements relating to your use of our Website or App or information provided to or gathered by us with respect to such use.
L. Agreement
These Terms of Use represent the entire binding agreement between you and us, and our respective successors and assigns, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding us, our Website, App or the content thereon. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
M. No Extraterritoriality
We are based in Glen Allen, Virginia in the United States of America. We make no representation that our Website or App is appropriate or may legally be viewed in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the Website or App is prohibited from jurisdictions where the Website, App, or their content, is illegal. Those who choose to access or use the Website or App do so on their own initiative and are responsible for compliance with applicable laws. If you access or use the Website or App from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
N. Termination
- Mutual rights of termination. You may terminate your account with us for any reason or no reason, at any time, with notice to us. Your termination notice will be effective upon our processing the notice. We may terminate your account with us for any reason or no reason, at any time, with or without notice. A termination by us will be effective immediately or as may be specified in any notice from us. Termination of your account with us includes disabling your access to our Website and/or App and may also bar you from any future use of our Website and/or App.
- Misuse of the Services. We may restrict, suspend or terminate the account of any Member who abuses or misuses our Website or App. Misuse of our Website or App includes inviting other Members with whom you do not know to connect; abusing the My Account messaging services; creating multiple or false profiles; using our Website or App commercially without our authorization; infringing any intellectual property rights; or any other behavior that we, in our sole discretion, deem contrary to the purpose of the Website or App. In addition, and without limiting the foregoing, we will terminate accounts of Members who, in our sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
- Effect of Termination. Upon the termination of your account with us, you lose access to our Website or App. In addition, we may block access to our Website or App from an IP address or range of IP addresses associated with those of terminated Members.
- Survivability. Any provision that by its nature should survive termination or expiration of these Terms of Use does survive, including, but not limited to, the following provisions: Website and App Security Rules; Indemnification; Snagajob.com Intellectual Property; Collection and Use of Your Content by Us; Limitation of Liability and Disclaimer of Warranties; Limitation of Damages and Remedies; Termination; Jurisdiction and Choice of Law; and Other.
O. Identification of Copyright or Trademark Infringement Agent
If you believe that your copyrighted work or trademark has been uploaded, posted or copied to our Website or App and is accessible on our Website or App in a way that constitutes copyright or trademark infringement, please review our procedure for Complaint Procedure Regarding Content Posted on the Snagajob.com Website or App.
P. Jurisdiction and Choice of Law
- You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, or agents: (a) you will submit to the jurisdiction of the courts of Henrico County, Virginia, including, without limitation, the United States District Court for the Eastern District of Virginia, Richmond Division, or the Circuit Court of the County of Henrico, and (b) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
- You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, directors, and agents, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia in all matters, without regard to its provisions regarding conflicts of law and the United Nations Convention for the International Sale of Goods.
Q. Other
- Your satisfaction is our top priority and we're confident you'll be pleased with our services. Still, if you try us and decide your account does not sufficiently meet your needs, you can cancel for a refund.
- Upon cancellation, your job posting will be turned off and you will be refunded the full amount of your most recent monthly charge from Snagajob.
- The money back guarantee only applies for services that are contracted for using our on-line self-serve portal, does not apply to any services other than job postings and is available only once to each customer.
R. Other
- These Terms of Use, and our Privacy Policy and our Complaint Procedure Regarding Content Posted on the Snagajob.com Website or App, which are incorporated into these Terms of Use by reference, constitute the entire agreement between us and you with respect to the subject matter of these Terms of Use, and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral, or whether established by custom, practice, policy or precedent.
- We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights or obligations under these Terms of Use without our prior express written permission. Any attempt by you to assign your rights or obligations under these Terms of Use without our permission shall be void.
- If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- Our failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by these Terms of Use, no representations, statements, consents, waivers or other acts or omissions by us shall be deemed legally binding on us, unless documented in a physical writing hand signed by one of our duly appointed officers.
- In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of our Website or App, exploitation of any advertising or other materials issued in connection therewith, or exploitation of our Website, App or any content or other material used or displayed on our Website or App.
- Entities that Snagajob.com owns a fifty percent (50%) or greater interest in (an “Affiliate”) are not parties to these Terms of Use, but intended third party beneficiaries of these Terms of Use, with a right to enforce these Terms of Use directly against you. Neither Apple Inc. nor its subsidiaries are parties to these Terms of Use, but Apple Inc. and its subsidiaries are third party beneficiaries to these Terms of Use as it applies to the App and if you download the App from the iTunes store to an Apple device. By accepting these Terms of Use, Apple will have the right to enforce these Terms of Use against you.
- The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use.
- For further information relating to these Terms of Use, or to report a problem regarding the Website or App, please contact [email protected], or call Snagajob.com's Support Line 1-877-461-SNAG (7624).
Effective May 6, 2020 to May 6, 2020
DownloadSummary of changes
Table of Contents
- The Snagajob.com Website and Mobile Application, including all information, text, visual images, software, products and services used or available via the Website or the App and the interactive user area referred to as My Account that is part of the Website (collectively, the "Website") and the “Job Search - Snagajob” Mobile Application (“App”) are owned and operated by Snagajob.com, Inc. ("Snagajob.com," "we," "our," or "us"). Our Website and App are for the use of our members ("Members," "you" or "your") only. Our Website and App enable our Members to learn about, and apply for, employment opportunities with businesses that contract with us to post job listings ("Sponsors"). We agree to provide you with access to our Website and/or App subject to these Terms of Use. In consideration for your use of our Website and/or App, you agree to use it in accordance with these Terms of Use, without reservation. If you register for, or access, our Website or App in any manner, including social registration or login through Facebook, your registration or access constitutes use of the Website or App. BY REGISTERING FOR OR ACCESSING OUR WEBSITE OR APP IN ANY MANNER WHATSOEVER, INCLUDING THROUGH FACEBOOK REGISTRATION, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT REGISTER FOR, ACCESS OR USE OUR WEBSITE OR APP. IF YOU WISH TO ACCESS AND USE OUR WEBSITE OR APP, YOU MUST SELECT THE "I ACCEPT" OPTION AT THE BOTTOM OF THE REGISTRATION FORM OR DURING THE APP REGISTRATION PROCESS. IF YOU DO NOT WISH TO ACCESS OR USE OUR WEBSITE OR APP, YOU MUST SELECT THE "I DO NOT ACCEPT" OPTION AT THE BOTTOM OF THE REGISTRATION FORM OR DURING THE APP REGISTRATION PROCESS. Any and all rights not expressly granted in these Terms of Use are reserved by Snagajob.com.
- By creating a profile or by submitting an application to an employer through our Website or App, you are expressly consenting to our use of your name, as well as your likeness, image, photo, video, voice, and appearance if you provide a photo or video, in connection with a jobseeker database that potential employers may browse. You may be contacted by third parties about jobs for which you did not apply. Additionally, by submitting an application to an employer through our Website or App, you are expressly consenting to our use of your name, as well as your likeness, image, video, voice, and appearance if you provide a video, in connection with your application and delivering your application to the particular employer. We do not submit your photo directly to an employer when you submit an application. However, it is possible for an employer to view your profile, including your photo, in our browsable database of jobseekers. If you do not want to be included in our jobseeker database, do not create a profile and do not submit an application using our Website or App. If you do not want your photo or video to be included in our jobseeker database, do not provide a photo or video in your profile or in connection with a job application.
- The use of the App requires use of a mobile device and wireless and mobile data service, which you must obtain from your carrier, and may require Internet access. You are responsible for obtaining and paying for such services, and Snagajob.com will not be liable for any costs or fees incurred by or through your use of the App, including, but not limited to, any mobile carrier fees, any SMS, MMS or other text or multimedia message fees, or any payment provider fees.
- By using the App, you consent to receive, at your own cost, electronic communications from Snagajob.com about the App, including, without limitation, via SMS, MMS and other text or multimedia messages, email, and by transmitting data to your mobile device such as through a push message. Such communications from Snagajob.com, Inc. may include, without limitation, administrative messages, service announcements, diagnostic data reports, and updates to the App itself. You consent to the transmission of data from Snagajob.com, Inc. and the App to and from your mobile device, including to push automatic updates to your mobile device.
- By registering for and/or accessing the Website or App through Facebook, you agree to be bound by these Terms of Use, without reservation. Specifically, you agree that any and all information and/or data submitted to us through the Facebook registration process is subject to these Terms of Use including, but not limited to, Section III (D) ("Your License to Us") below.
- By registering through Facebook, you agree to receive email job alerts from us. If you wish to unsubscribe from our email job alerts, you may do so at anytime by updating your settings options through your desktop profile.
- From time to time we will change, or make improvements to, our Website and App. Such changes and/or improvements may be made without prior notice to you. We may provide you notice of such change on our Website, App or in e-mails we send to our Members.
- From time to time, we also may change these Terms of Use or impose new conditions on the use of the Website and/or App without prior notice to you, in which case we will post the revised Terms of Use on this Website. The revised Terms of Use will be effective immediately upon their posting on the Website. You are responsible for reviewing the most current version of these Terms of Use before using the Website or App to ensure that you agree to any revisions to these Terms of Use. If at any time you do not agree to the revisions we make to these Terms of Use, you should immediately stop accessing or using the Website or App in any manner whatsoever and must remove the App software from your mobile device. By continuing to use the Website or App after we post any such changes, you accept the Terms of Use, as modified. You further agree that these methods of providing notice and acceptance of changes or revisions to these Terms of Use are reasonable.
- By submitting (e.g., uploading) any message, information, data, text, software, images, or other materials ("Content") to the Website or App, you automatically grant Snagajob.com a royalty-free, perpetual, irrevocable, non-exclusive, fully paid up, transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide, or to incorporate it in other
works in any form, media, or technology now known or later developed (for the full term of any rights that may exist in such Content), without restriction or compensation, and to grant and authorize sublicenses thereof. In addition, you agree to waive all moral rights in the Content. Snagajob.com and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the Website or App that violates these Terms of Use or is otherwise objectionable. By submitting Content to the Website or App, you represent and warrant that (1) you own the Content, (2) you are entitled to submit it to us and (3) the Content is accurate, truthful, not confidential, and not in violation of any contractual restrictions, third party intellectual property rights, third party privacy rights, or other third party rights. - By submitting and/or signing an application, new hire paperwork (employment agreements, arbitration agreements, new hire manuals, etc.) or other similar document through the Website, you authorize Snagajob to disclose any information that Snagajob has collected during and from the submission and/or signature process, including but not limited to any information necessary to prove the electronic signatures on the application, new hire paperwork or other similar document are attributable to you, to the employer to which the application, new hire paperwork or other similar document was submitted to and/or signed for.
- Our Website and App are intended to be used only for lawful purposes by individuals seeking employment. You may not use (or plan, encourage or help others to use) our Website or App for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of our Website and/or App complies with these Terms of Use and to seek prior written permission from us for any uses not permitted or not expressly specified herein. If you do any of the items listed in part three of this section, below, we may, at our sole option, terminate your access to our Website and/or App.
- In connection with using our Website and/or App, you agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with our Privacy Policy;
- Review and comply with notices sent by us concerning the Website, App and our operation thereof; and
- Use the Website and/or App in an honest, respectful and professional manner.
- In connection with using our Website and/or App, you agree that you will not:
- Act dishonestly or unprofessionally by engaging in unprofessional behavior or by posting inappropriate, inaccurate, or objectionable content to our Website or App;
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on our Website or App (excluding Content posted by you) except as permitted in these Terms of Use or as expressly authorized by us;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used in connection with the Website or App, or any part thereof;
- Include information in your profile or elsewhere, except in designated fields, that is confidential in nature or that reveals your identity or sensitive personal information such as an email address, phone number or address;
- Create a user profile for anyone other than a natural person;
- Utilize information, content or any data you view on and/or obtain from our Website or App to provide any service that is competitive, in our sole discretion, with our Website, App or our business;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by Snagajob.com, unless you have entered into a written agreement with us to that effect;
- Adapt, modify or create derivative works based on our Website, App or the technology underlying either, or other Members' content, in whole or part;
- Rent, lease, loan, trade or sell/re-sell access to our Website, App or any information therein, or the equivalent, in whole or part;
- Deep-link to our Website or App for any purpose, (i.e. including a link to one of our web pages other than our Website's home page) unless expressly authorized in writing by us or for the purpose of promoting your profile on our Website or App;
- Use manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl" or "spider" our Website or App;
- Use bots or other automated methods to add or download contacts, send or redirect messages or perform other permitted activities;
- Access, via automated or manual means or processes, our Website or App for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
- Engage in "framing," "mirroring," or otherwise simulating the appearance or function of our Website or App;
- Attempt to or actually access our Website or App by any means other than through the interfaces provided by us;
- Attempt to or actually override any security component included in or underlying our Website or App;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Members or our personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Website or App, including ours or any Sponsor's;
- Remove, cover or otherwise obscure any form of advertisement included on our Website or App;
- Harass, abuse or harm another person, including sending unwelcome communications to others using our Website or App;
- Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from our Website or App except as expressly permitted in these Terms of Use, App or as the owner of such information may expressly permit;
- Share information of non-Members without their express consent;
- Interfere with or disrupt our Website or App, including but not limited to any servers or networks connected to our Website or App;
- Invite people you do not know to join My Account;
- Upload a cartoon, symbol, drawing or any content other than a head-shot photograph of yourself in your profile photo or video (if applicable);
- Use or attempt to use another's account without our authorization, or create a false identity on our Website or App;
- Infringe or use our brand, logos and/or trademarks, including, without limitation, using the words "Snagajob" or "Snagajob.com," or words likely to be confused with those words, in any business name, email, or URL, except as expressly permitted by us in writing;
- Upload, post to My Account, email, transmit or otherwise make available or initiate any content that:
- Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by us);
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
- Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to (1) using our Website or App to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (2) using our Website or App to connect to people who don't know you and then sending unsolicited promotional messages to those connections without their permission; and (3) sending messages to distribution lists, newsgroup aliases or group aliases;
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ours or any Member; and/or H. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through our Website or App.
- Participate, directly or indirectly, in the setting up or development of a network that seeks to create a pyramid scheme or other similar practice.
- You are prohibited from violating or attempting to violate the security of our Website or App, including, without limitation, (a) accessing data not intended for you or logging into a server or account that you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of our Website or App or to breach security or authentication measures without proper authorization, or (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of overloading, "flooding", "mailbombing" or "crashing."
- Violations of Website, App or network security may result in civil or criminal liability. We may investigate occurrences which involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Members who are involved in such violations.
- We offer various forums and blogs on our Website such as My Account where you can post your resume and communicate with other Members. Ideas you post and information you share may be seen and used by other Members and by Sponsors, and we cannot guarantee that other Members or Sponsors will not use the ideas and information that you share on our Website or App. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to our Website or App. WE ARE NOT RESPONSIBLE FOR A MEMBER’S OR SPONSOR’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY COMMUNITY FORUMS ON OUR WEBSITE OR APP, INCLUDING, BUT NOT LIMITED TO, INFORMATION YOU POST IN “MY ACCOUNT.”
- You are solely responsible for your interactions with other Members. We may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Members through use of the Website, App or otherwise limit your use of the Website or App. We reserve the right, but have no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if we determine, in our sole discretion, that doing so is necessary to enforce these Terms of Use.
- The peer to peer messaging functionality is not to be used for emergency communications, and may only be used for lawful and authorized purposes. You and any user added to your organization or location shall not use the messaging functionality to:
- upload, post, transmit, or otherwise make available anything that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Snagajob employee, administrator, owner, or other member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- manipulate identifiers in order to disguise your or a user's identity;
- upload, post, transmit, or otherwise make available any of information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, transmit or otherwise make available information in a manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- provide access to the communication functionality of the Service to any third party;
- upload, post, transmit, or otherwise make available any commercial offers, advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
- disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges using the communication functionality of the Service;
- interfere with or disrupt the communication functionality of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including using any device or software;
- modify, adapt, or hack the communication functionality of the Service, including by using any non-public Snagajob APIs, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
- intentionally or unintentionally violate any applicable local, state, national or international law in connection with your use of the communication functionality of the Service, including, but not limited to, the Telephone Consumer Protection Act, 47 U.S.C. section 227, any data, privacy, or export control laws, or regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above.
- If you consent to receive SMS messages in connection with the peer to peer communication functionality of the Services, you certify that you are authorized: (a) to use the designated mobile phone number which will receive the SMS messages, and (b) to incur any mobile message or data charges that may be incurred by receipt of the SMS messages as message and data rates may apply. You also agree that by consenting to receive SMS messages in connection with the peer to peer communication functionality of the Services, Snagajob and its representatives may send you automated texts to numbers you associate with your account to inform you when messages from other users are waiting and for any other account-related, customer service or administrative purpose. You may opt out of receiving SMS messages by replying STOP to any Snagajob text message, changing your Snagajob account settings, or contacting the Snagajob Customer Support team at 866-277-1995.
- You understand and agree that Snagajob has no obligations or liabilities associated with any use of the messaging functionality by you or a user that is added to your organization or location. If you add an organization or location in connection with the messaging functionality, you represent and warrant to Snagajob that you are the owner of that organization or location or are otherwise authorized by the organization or location. You understand and agree that you are solely responsible to ensure that a user added under your organization or location complies with the terms of this Section.
- For as long as you comply with these Terms of Use and your obligations thereunder, you have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to access and use our Website through a generally available web browser only for its intended purpose and only as provided in these Terms of Use. For as long as you comply with these Terms of Use and your obligations thereunder, you have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to download a single copy of the app to your mobile device and to access and use our App through that mobile device for its intended purpose and only as provided in these Terms of Use and in accordance with any usage rules set forth in application stores’ terms of service. Our Website and App are only for your personal and noncommercial use. You may not access our Website or App through scraping, spidering, crawling or any other technology or software used to access data without our express written consent. Except as specifically permitted, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any content or information included on our Website or App.
- In addition, you may not (a) rent, lend, sublease or transfer this limited license or any data residing on our Website, App or any of your rights under these Terms of Use to anyone else, (b) develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any part of our Website or App, or (c) transfer to or store any data residing or exchanged over our Website or App in any electronic network for use by more than one Member without obtaining prior written permission from us.
- If you violate any of these Terms of Use, we may immediately terminate your limited license to use our Website and/or App. Any other use of our Website or App contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from our Website or App commercially unless expressly authorized by us) is strictly prohibited and a violation of these Terms of Use. We reserve all rights not expressly granted in these Terms of Use, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in this Website, App and all related items.
- All of the design, text, and graphics of our Website and App, as well as the selection and arrangement thereof, are Copyright (C) 2010 Snagajob.com, Inc., All Rights Reserved. SNAGAJOB, SNAGAJOB.COM, THE #1 SOURCE FOR HOURLY EMPLOYMENT, SYSDINE, LOG ON. FIND A JOB. GET TO WORK, THE HOURLY GIG, HOURLY AMERICA, and all of our logos, including the Snagajob logo, The Hourly Gig logo, and the S logo are our trademarks. These trademarks, and the Website and App images and text, and all page headers, graphics, HTML based computer programs used to generate pages on the Website or App, and icons are our trademarks, service marks and/or trade dress, and may not be used without our prior written permission. All uses thereof inure to our benefit. All other trademarks, product names and company names or logos included on the Website or App are the property of their respective owners.
- You may download and print a single copy of the Website or App for your personal use, provided that the content of the Website or App must not be altered in any way and must contain all copyright, trademark and other proprietary notices. You may not use the Website, App or any portion thereof to create or re-create a similar or competing service. Any use of the content of this Website or App not expressly permitted by these Terms of Use, or permitted in writing by us prior to your use, is a breach of these Terms of Use and is strictly prohibited. Please direct any requests for permission to [email protected].
- Our Website and App contain material that is protected by the copyright, trademark and other intellectual property laws of the United States and foreign countries. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from our Website or App, except as expressly set forth above. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT OF THE WEBSITE OR APP, OR THE TRADEMARKS SET FORTH THEREIN, CONSTITUTES COPYRIGHT AND/OR TRADEMARK INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED UNDER UNITED STATES AND INTERNATIONAL LAWS AND TREATIES. Any unauthorized use by you of our intellectual property may lead us to revoke your access to our Website and/or App.
- The very nature of the service we provide to you requires that we gather, process, use and distribute information that you provide directly (for example, name, physical address, e-mail address and resume), as well as information regarding the manner in which you use our Website or App. We cannot guarantee that your information will be prevented from being viewed by any particular person or entity. Our Privacy Policy governs our treatment of information that you provide to us.
- If you have directly submitted information and would like us to remove it from its database, you should contact us at the email address or phone number listed in the Contact Us section of our Website or App, and we will use reasonable efforts to delete your information from our then existing files.
- You acknowledge, consent and agree that we may access, preserve, and disclose your registration information, your profile and any other information you provide to us if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary in our opinion to: (a) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (b) enforce these Terms of Use; (c) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (d) respond to customer service inquiries; or (e) protect the rights, property, or personal safety of Snagajob.com, our Members or the public.
- While we appreciate hearing from you and welcome your comments regarding our Website and/or App, our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those we have specifically requested. While we do value your feedback on our Website and/or App, please be specific in your comments regarding our Website or App and do not submit creative ideas, inventions, suggestions or materials. If, despite our foregoing request, you send us creative suggestions, ideas, drawings, concepts, inventions or other information (collectively, a “Submission”), such Submission shall immediately become our property. The Submission shall not be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. We shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person.
- Our Website and App may contain hyperlinks or other connections to websites operated by persons or entities other than us, including, without limitation, those of subscribing Sponsors or advertisers. We do not control those websites and are not responsible for them, their availability, content or any viruses that may be accessed through them. Our inclusion of hyperlinks or other connections to such websites does not imply any endorsement of the material on them or any association with their owners or operators. You are responsible for evaluating whether you want to access or use a third party website. You should review any applicable terms and/or privacy policies of a third party website before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not. We are not responsible for and do not endorse any features, content, advertising, products or other materials on or available from a third party website. Accordingly, if you decide to access a third party website, you do so at your own risk and agree that your use of any such website is on an “as is” basis without any warranty, and that these Terms of Use do not apply to your use of any third party website.
- We have no responsibility whatsoever for the activities of our Members or our Sponsors or advertisers or their respective hiring, recruiting or other practices (or any of the information posted or downloaded by them on or from our Website or App). Nothing on our Website or App shall be deemed to be an endorsement, representation or warranty with respect to any Sponsor or advertiser or other third person or entity, whether in regard to its website, products, services or otherwise.
- Mutual rights of termination. You may terminate your account with us for any reason or no reason, at any time, with notice to us. Your termination notice will be effective upon our processing the notice. We may terminate your account with us for any reason or no reason, at any time, with or without notice. A termination by us will be effective immediately or as may be specified in any notice from us. Termination of your account with us includes disabling your access to our Website and/or App and may also bar you from any future use of our Website and/or App.
- Misuse of the Services. We may restrict, suspend or terminate the account of any Member who abuses or misuses our Website or App. Misuse of our Website or App includes inviting other Members with whom you do not know to connect; abusing the My Account messaging services; creating multiple or false profiles; using our Website or App commercially without our authorization; infringing any intellectual property rights; or any other behavior that we, in our sole discretion, deem contrary to the purpose of the Website or App. In addition, and without limiting the foregoing, we will terminate accounts of Members who, in our sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
- Effect of Termination. Upon the termination of your account with us, you lose access to our Website or App. In addition, we may block access to our Website or App from an IP address or range of IP addresses associated with those of terminated Members.
- Survivability. Any provision that by its nature should survive termination or expiration of these Terms of Use does survive, including, but not limited to, the following provisions: Website and App Security Rules; Indemnification; Snagajob.com Intellectual Property; Collection and Use of Your Content by Us; Limitation of Liability and Disclaimer of Warranties; Limitation of Damages and Remedies; Termination; Jurisdiction and Choice of Law; and Other.
- You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, or agents: (a) you will submit to the jurisdiction of the courts of Henrico County, Virginia, including, without limitation, the United States District Court for the Eastern District of Virginia, Richmond Division, or the Circuit Court of the County of Henrico, and (b) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
- You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, directors, and agents, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia in all matters, without regard to its provisions regarding conflicts of law and the United Nations Convention for the International Sale of Goods.
- Your satisfaction is our top priority and we're confident you'll be pleased with our services. Still, if you try us and decide your account does not sufficiently meet your needs, you can cancel for a refund.
- Upon cancellation, your job posting will be turned off and you will be refunded the full amount of your most recent monthly charge from Snagajob.
- The money back guarantee only applies for services that are contracted for using our on-line self-serve portal, does not apply to any services other than job postings and is available only once to each customer.
- These Terms of Use, and our Privacy Policy and our Complaint Procedure Regarding Content Posted on the Snagajob.com Website or App, which are incorporated into these Terms of Use by reference, constitute the entire agreement between us and you with respect to the subject matter of these Terms of Use, and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral, or whether established by custom, practice, policy or precedent.
- We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights or obligations under these Terms of Use without our prior express written permission. Any attempt by you to assign your rights or obligations under these Terms of Use without our permission shall be void.
- If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- Our failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by these Terms of Use, no representations, statements, consents, waivers or other acts or omissions by us shall be deemed legally binding on us, unless documented in a physical writing hand signed by one of our duly appointed officers.
- In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of our Website or App, exploitation of any advertising or other materials issued in connection therewith, or exploitation of our Website, App or any content or other material used or displayed on our Website or App.
- Entities that Snagajob.com owns a fifty percent (50%) or greater interest in (an “Affiliate”) are not parties to these Terms of Use, but intended third party beneficiaries of these Terms of Use, with a right to enforce these Terms of Use directly against you. Neither Apple Inc. nor its subsidiaries are parties to these Terms of Use, but Apple Inc. and its subsidiaries are third party beneficiaries to these Terms of Use as it applies to the App and if you download the App from the iTunes store to an Apple device. By accepting these Terms of Use, Apple will have the right to enforce these Terms of Use against you.
- The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use.
- For further information relating to these Terms of Use, or to report a problem regarding the Website or App, please contact [email protected], or call Snagajob.com's Support Line 1-877-461-SNAG (7624).
Effective May 5, 2020 to May 6, 2020
DownloadTable of Contents
- The Snagajob.com Website and Mobile Application, including all information, text, visual images, software, products and services used or available via the Website or the App and the interactive user area referred to as My Account that is part of the Website (collectively, the "Website") and the “Job Search - Snagajob” Mobile Application (“App”) are owned and operated by Snagajob.com, Inc. ("Snagajob.com," "we," "our," or "us"). Our Website and App are for the use of our members ("Members," "you" or "your") only. Our Website and App enable our Members to learn about, and apply for, employment opportunities with businesses that contract with us to post job listings ("Sponsors"). We agree to provide you with access to our Website and/or App subject to these Terms of Use. In consideration for your use of our Website and/or App, you agree to use it in accordance with these Terms of Use, without reservation. If you register for, or access, our Website or App in any manner, including social registration or login through Facebook, your registration or access constitutes use of the Website or App. BY REGISTERING FOR OR ACCESSING OUR WEBSITE OR APP IN ANY MANNER WHATSOEVER, INCLUDING THROUGH FACEBOOK REGISTRATION, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT REGISTER FOR, ACCESS OR USE OUR WEBSITE OR APP. IF YOU WISH TO ACCESS AND USE OUR WEBSITE OR APP, YOU MUST SELECT THE "I ACCEPT" OPTION AT THE BOTTOM OF THE REGISTRATION FORM OR DURING THE APP REGISTRATION PROCESS. IF YOU DO NOT WISH TO ACCESS OR USE OUR WEBSITE OR APP, YOU MUST SELECT THE "I DO NOT ACCEPT" OPTION AT THE BOTTOM OF THE REGISTRATION FORM OR DURING THE APP REGISTRATION PROCESS. Any and all rights not expressly granted in these Terms of Use are reserved by Snagajob.com.
- By creating a profile or by submitting an application to an employer through our Website or App, you are expressly consenting to our use of your name, as well as your likeness, image, photo, video, voice, and appearance if you provide a photo or video, in connection with a jobseeker database that potential employers may browse. You may be contacted by third parties about jobs for which you did not apply. Additionally, by submitting an application to an employer through our Website or App, you are expressly consenting to our use of your name, as well as your likeness, image, video, voice, and appearance if you provide a video, in connection with your application and delivering your application to the particular employer. We do not submit your photo directly to an employer when you submit an application. However, it is possible for an employer to view your profile, including your photo, in our browsable database of jobseekers. If you do not want to be included in our jobseeker database, do not create a profile and do not submit an application using our Website or App. If you do not want your photo or video to be included in our jobseeker database, do not provide a photo or video in your profile or in connection with a job application.
- The use of the App requires use of a mobile device and wireless and mobile data service, which you must obtain from your carrier, and may require Internet access. You are responsible for obtaining and paying for such services, and Snagajob.com will not be liable for any costs or fees incurred by or through your use of the App, including, but not limited to, any mobile carrier fees, any SMS, MMS or other text or multimedia message fees, or any payment provider fees.
- By using the App, you consent to receive, at your own cost, electronic communications from Snagajob.com about the App, including, without limitation, via SMS, MMS and other text or multimedia messages, email, and by transmitting data to your mobile device such as through a push message. Such communications from Snagajob.com, Inc. may include, without limitation, administrative messages, service announcements, diagnostic data reports, and updates to the App itself. You consent to the transmission of data from Snagajob.com, Inc. and the App to and from your mobile device, including to push automatic updates to your mobile device.
- By registering for and/or accessing the Website or App through Facebook, you agree to be bound by these Terms of Use, without reservation. Specifically, you agree that any and all information and/or data submitted to us through the Facebook registration process is subject to these Terms of Use including, but not limited to, Section III (D) ("Your License to Us") below.
- By registering through Facebook, you agree to receive email job alerts from us. If you wish to unsubscribe from our email job alerts, you may do so at anytime by updating your settings options through your desktop profile.
- From time to time we will change, or make improvements to, our Website and App. Such changes and/or improvements may be made without prior notice to you. We may provide you notice of such change on our Website, App or in e-mails we send to our Members.
- From time to time, we also may change these Terms of Use or impose new conditions on the use of the Website and/or App without prior notice to you, in which case we will post the revised Terms of Use on this Website. The revised Terms of Use will be effective immediately upon their posting on the Website. You are responsible for reviewing the most current version of these Terms of Use before using the Website or App to ensure that you agree to any revisions to these Terms of Use. If at any time you do not agree to the revisions we make to these Terms of Use, you should immediately stop accessing or using the Website or App in any manner whatsoever and must remove the App software from your mobile device. By continuing to use the Website or App after we post any such changes, you accept the Terms of Use, as modified. You further agree that these methods of providing notice and acceptance of changes or revisions to these Terms of Use are reasonable.
- By submitting (e.g., uploading) any message, information, data, text, software, images, or other materials ("Content") to the Website or App, you automatically grant Snagajob.com a royalty-free, perpetual, irrevocable, non-exclusive, fully paid up, transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide, or to incorporate it in other
works in any form, media, or technology now known or later developed (for the full term of any rights that may exist in such Content), without restriction or compensation, and to grant and authorize sublicenses thereof. In addition, you agree to waive all moral rights in the Content. Snagajob.com and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the Website or App that violates these Terms of Use or is otherwise objectionable. By submitting Content to the Website or App, you represent and warrant that (1) you own the Content, (2) you are entitled to submit it to us and (3) the Content is accurate, truthful, not confidential, and not in violation of any contractual restrictions, third party intellectual property rights, third party privacy rights, or other third party rights. - By submitting and/or signing an application, new hire paperwork (employment agreements, arbitration agreements, new hire manuals, etc.) or other similar document through the Website, you authorize Snagajob to disclose any information that Snagajob has collected during and from the submission and/or signature process, including but not limited to any information necessary to prove the electronic signatures on the application, new hire paperwork or other similar document are attributable to you, to the employer to which the application, new hire paperwork or other similar document was submitted to and/or signed for.
- Our Website and App are intended to be used only for lawful purposes by individuals seeking employment. You may not use (or plan, encourage or help others to use) our Website or App for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of our Website and/or App complies with these Terms of Use and to seek prior written permission from us for any uses not permitted or not expressly specified herein. If you do any of the items listed in part three of this section, below, we may, at our sole option, terminate your access to our Website and/or App.
- In connection with using our Website and/or App, you agree that you will:
a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
b. Provide accurate information to us and update it as necessary;
c. Review and comply with our Privacy Policy;
d. Review and comply with notices sent by us concerning the Website, App and our operation thereof; and
e. Use the Website and/or App in an honest, respectful and professional manner. - In connection with using our Website and/or App, you agree that you will not:
a. Act dishonestly or unprofessionally by engaging in unprofessional behavior or by posting inappropriate, inaccurate, or objectionable content to our Website or App;
b. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on our Website or App (excluding Content posted by you) except as permitted in these Terms of Use or as expressly authorized by us;
c. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used in connection with the Website or App, or any part thereof;
d. Include information in your profile or elsewhere, except in designated fields, that is confidential in nature or that reveals your identity or sensitive personal information such as an email address, phone number or address;
e. Create a user profile for anyone other than a natural person;
f. Utilize information, content or any data you view on and/or obtain from our Website or App to provide any service that is competitive, in our sole discretion, with our Website, App or our business;
g. Imply or state, directly or indirectly, that you are affiliated with or endorsed by Snagajob.com, unless you have entered into a written agreement with us to that effect;
h. Adapt, modify or create derivative works based on our Website, App or the technology underlying either, or other Members' content, in whole or part;
i. Rent, lease, loan, trade or sell/re-sell access to our Website, App or any information therein, or the equivalent, in whole or part;
j. Deep-link to our Website or App for any purpose, (i.e. including a link to one of our web pages other than our Website's home page) unless expressly authorized in writing by us or for the purpose of promoting your profile on our Website or App;
k. Use manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl" or "spider" our Website or App;
l. Use bots or other automated methods to add or download contacts, send or redirect messages or perform other permitted activities;
m. Access, via automated or manual means or processes, our Website or App for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
n. Engage in "framing," "mirroring," or otherwise simulating the appearance or function of our Website or App;
o. Attempt to or actually access our Website or App by any means other than through the interfaces provided by us;
p. Attempt to or actually override any security component included in or underlying our Website or App;
q. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Members or our personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses;
r. Remove any copyright, trademark or other proprietary rights notices contained in or on our Website or App, including ours or any Sponsor's;
s. Remove, cover or otherwise obscure any form of advertisement included on our Website or App;
t. Harass, abuse or harm another person, including sending unwelcome communications to others using our Website or App;
u. Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from our Website or App except as expressly permitted in these Terms of Use, App or as the owner of such information may expressly permit;
v. Share information of non-Members without their express consent;
w. Interfere with or disrupt our Website or App, including but not limited to any servers or networks connected to our Website or App;
x. Invite people you do not know to join My Account;
y. Upload a cartoon, symbol, drawing or any content other than a head-shot photograph of yourself in your profile photo or video (if applicable);
z. Use or attempt to use another's account without our authorization, or create a false identity on our Website or App;
aa. Infringe or use our brand, logos and/or trademarks, including, without limitation, using the words "Snagajob" or "Snagajob.com," or words likely to be confused with those words, in any business name, email, or URL, except as expressly permitted by us in writing;
ab. Upload, post to My Account, email, transmit or otherwise make available or initiate any content that:
i. Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
ii. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
iii. Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by us);
iv. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
v. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
vi. Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to (1) using our Website or App to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (2) using our Website or App to connect to people who don't know you and then sending unsolicited promotional messages to those connections without their permission; and (3) sending messages to distribution lists, newsgroup aliases or group aliases;
vii. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ours or any Member; and/or H. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through our Website or App.
ac. Participate, directly or indirectly, in the setting up or development of a network that seeks to create a pyramid scheme or other similar practice.
- You are prohibited from violating or attempting to violate the security of our Website or App, including, without limitation, (a) accessing data not intended for you or logging into a server or account that you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of our Website or App or to breach security or authentication measures without proper authorization, or (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of overloading, "flooding", "mailbombing" or "crashing."
- Violations of Website, App or network security may result in civil or criminal liability. We may investigate occurrences which involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Members who are involved in such violations.
- We offer various forums and blogs on our Website such as My Account where you can post your resume and communicate with other Members. Ideas you post and information you share may be seen and used by other Members and by Sponsors, and we cannot guarantee that other Members or Sponsors will not use the ideas and information that you share on our Website or App. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to our Website or App. WE ARE NOT RESPONSIBLE FOR A MEMBER’S OR SPONSOR’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY COMMUNITY FORUMS ON OUR WEBSITE OR APP, INCLUDING, BUT NOT LIMITED TO, INFORMATION YOU POST IN “MY ACCOUNT.”
- You are solely responsible for your interactions with other Members. We may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Members through use of the Website, App or otherwise limit your use of the Website or App. We reserve the right, but have no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if we determine, in our sole discretion, that doing so is necessary to enforce these Terms of Use.
- The peer to peer messaging functionality is not to be used for emergency communications, and may only be used for lawful and authorized purposes. You and any user added to your organization or location shall not use the messaging functionality to:
a. upload, post, transmit, or otherwise make available anything that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Snagajob employee, administrator, owner, or other member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. manipulate identifiers in order to disguise your or a user's identity;
e. upload, post, transmit, or otherwise make available any of information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, transmit or otherwise make available information in a manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g. provide access to the communication functionality of the Service to any third party;
h. upload, post, transmit, or otherwise make available any commercial offers, advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
i. upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
j. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges using the communication functionality of the Service;
k. interfere with or disrupt the communication functionality of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including using any device or software;
l. modify, adapt, or hack the communication functionality of the Service, including by using any non-public Snagajob APIs, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
m. intentionally or unintentionally violate any applicable local, state, national or international law in connection with your use of the communication functionality of the Service, including, but not limited to, the Telephone Consumer Protection Act, 47 U.S.C. section 227, any data, privacy, or export control laws, or regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
n. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
o. "stalk" or otherwise harass another; and/or
p. collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above. - If you consent to receive SMS messages in connection with the peer to peer communication functionality of the Services, you certify that you are authorized: (a) to use the designated mobile phone number which will receive the SMS messages, and (b) to incur any mobile message or data charges that may be incurred by receipt of the SMS messages as message and data rates may apply. You also agree that by consenting to receive SMS messages in connection with the peer to peer communication functionality of the Services, Snagajob and its representatives may send you automated texts to numbers you associate with your account to inform you when messages from other users are waiting and for any other account-related, customer service or administrative purpose. You may opt out of receiving SMS messages by replying STOP to any Snagajob text message, changing your Snagajob account settings, or contacting the Snagajob Customer Support team at 866-277-1995.
- You understand and agree that Snagajob has no obligations or liabilities associated with any use of the messaging functionality by you or a user that is added to your organization or location. If you add an organization or location in connection with the messaging functionality, you represent and warrant to Snagajob that you are the owner of that organization or location or are otherwise authorized by the organization or location. You understand and agree that you are solely responsible to ensure that a user added under your organization or location complies with the terms of this Section.
- For as long as you comply with these Terms of Use and your obligations thereunder, you have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to access and use our Website through a generally available web browser only for its intended purpose and only as provided in these Terms of Use. For as long as you comply with these Terms of Use and your obligations thereunder, you have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to download a single copy of the app to your mobile device and to access and use our App through that mobile device for its intended purpose and only as provided in these Terms of Use and in accordance with any usage rules set forth in application stores’ terms of service. Our Website and App are only for your personal and noncommercial use. You may not access our Website or App through scraping, spidering, crawling or any other technology or software used to access data without our express written consent. Except as specifically permitted, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any content or information included on our Website or App.
- In addition, you may not (a) rent, lend, sublease or transfer this limited license or any data residing on our Website, App or any of your rights under these Terms of Use to anyone else, (b) develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any part of our Website or App, or (c) transfer to or store any data residing or exchanged over our Website or App in any electronic network for use by more than one Member without obtaining prior written permission from us.
- If you violate any of these Terms of Use, we may immediately terminate your limited license to use our Website and/or App. Any other use of our Website or App contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from our Website or App commercially unless expressly authorized by us) is strictly prohibited and a violation of these Terms of Use. We reserve all rights not expressly granted in these Terms of Use, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in this Website, App and all related items.
- All of the design, text, and graphics of our Website and App, as well as the selection and arrangement thereof, are Copyright (C) 2010 Snagajob.com, Inc., All Rights Reserved. SNAGAJOB, SNAGAJOB.COM, THE #1 SOURCE FOR HOURLY EMPLOYMENT, SYSDINE, LOG ON. FIND A JOB. GET TO WORK, THE HOURLY GIG, HOURLY AMERICA, and all of our logos, including the Snagajob logo, The Hourly Gig logo, and the S logo are our trademarks. These trademarks, and the Website and App images and text, and all page headers, graphics, HTML based computer programs used to generate pages on the Website or App, and icons are our trademarks, service marks and/or trade dress, and may not be used without our prior written permission. All uses thereof inure to our benefit. All other trademarks, product names and company names or logos included on the Website or App are the property of their respective owners.
- You may download and print a single copy of the Website or App for your personal use, provided that the content of the Website or App must not be altered in any way and must contain all copyright, trademark and other proprietary notices. You may not use the Website, App or any portion thereof to create or re-create a similar or competing service. Any use of the content of this Website or App not expressly permitted by these Terms of Use, or permitted in writing by us prior to your use, is a breach of these Terms of Use and is strictly prohibited. Please direct any requests for permission to [email protected].
- Our Website and App contain material that is protected by the copyright, trademark and other intellectual property laws of the United States and foreign countries. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from our Website or App, except as expressly set forth above. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT OF THE WEBSITE OR APP, OR THE TRADEMARKS SET FORTH THEREIN, CONSTITUTES COPYRIGHT AND/OR TRADEMARK INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED UNDER UNITED STATES AND INTERNATIONAL LAWS AND TREATIES. Any unauthorized use by you of our intellectual property may lead us to revoke your access to our Website and/or App.
- The very nature of the service we provide to you requires that we gather, process, use and distribute information that you provide directly (for example, name, physical address, e-mail address and resume), as well as information regarding the manner in which you use our Website or App. We cannot guarantee that your information will be prevented from being viewed by any particular person or entity. Our Privacy Policy governs our treatment of information that you provide to us.
- If you have directly submitted information and would like us to remove it from its database, you should contact us at the email address or phone number listed in the Contact Us section of our Website or App, and we will use reasonable efforts to delete your information from our then existing files.
- You acknowledge, consent and agree that we may access, preserve, and disclose your registration information, your profile and any other information you provide to us if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary in our opinion to: (a) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (b) enforce these Terms of Use; (c) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (d) respond to customer service inquiries; or (e) protect the rights, property, or personal safety of Snagajob.com, our Members or the public.
- While we appreciate hearing from you and welcome your comments regarding our Website and/or App, our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those we have specifically requested. While we do value your feedback on our Website and/or App, please be specific in your comments regarding our Website or App and do not submit creative ideas, inventions, suggestions or materials. If, despite our foregoing request, you send us creative suggestions, ideas, drawings, concepts, inventions or other information (collectively, a “Submission”), such Submission shall immediately become our property. The Submission shall not be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. We shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person.
- Our Website and App may contain hyperlinks or other connections to websites operated by persons or entities other than us, including, without limitation, those of subscribing Sponsors or advertisers. We do not control those websites and are not responsible for them, their availability, content or any viruses that may be accessed through them. Our inclusion of hyperlinks or other connections to such websites does not imply any endorsement of the material on them or any association with their owners or operators. You are responsible for evaluating whether you want to access or use a third party website. You should review any applicable terms and/or privacy policies of a third party website before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not. We are not responsible for and do not endorse any features, content, advertising, products or other materials on or available from a third party website. Accordingly, if you decide to access a third party website, you do so at your own risk and agree that your use of any such website is on an “as is” basis without any warranty, and that these Terms of Use do not apply to your use of any third party website.
- We have no responsibility whatsoever for the activities of our Members or our Sponsors or advertisers or their respective hiring, recruiting or other practices (or any of the information posted or downloaded by them on or from our Website or App). Nothing on our Website or App shall be deemed to be an endorsement, representation or warranty with respect to any Sponsor or advertiser or other third person or entity, whether in regard to its website, products, services or otherwise.
- Mutual rights of termination. You may terminate your account with us for any reason or no reason, at any time, with notice to us. Your termination notice will be effective upon our processing the notice. We may terminate your account with us for any reason or no reason, at any time, with or without notice. A termination by us will be effective immediately or as may be specified in any notice from us. Termination of your account with us includes disabling your access to our Website and/or App and may also bar you from any future use of our Website and/or App.
- Misuse of the Services. We may restrict, suspend or terminate the account of any Member who abuses or misuses our Website or App. Misuse of our Website or App includes inviting other Members with whom you do not know to connect; abusing the My Account messaging services; creating multiple or false profiles; using our Website or App commercially without our authorization; infringing any intellectual property rights; or any other behavior that we, in our sole discretion, deem contrary to the purpose of the Website or App. In addition, and without limiting the foregoing, we will terminate accounts of Members who, in our sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
- Effect of Termination. Upon the termination of your account with us, you lose access to our Website or App. In addition, we may block access to our Website or App from an IP address or range of IP addresses associated with those of terminated Members.
- Survivability. Any provision that by its nature should survive termination or expiration of these Terms of Use does survive, including, but not limited to, the following provisions: Website and App Security Rules; Indemnification; Snagajob.com Intellectual Property; Collection and Use of Your Content by Us; Limitation of Liability and Disclaimer of Warranties; Limitation of Damages and Remedies; Termination; Jurisdiction and Choice of Law; and Other.
- You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, or agents: (a) you will submit to the jurisdiction of the courts of Henrico County, Virginia, including, without limitation, the United States District Court for the Eastern District of Virginia, Richmond Division, or the Circuit Court of the County of Henrico, and (b) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
- You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, directors, and agents, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia in all matters, without regard to its provisions regarding conflicts of law and the United Nations Convention for the International Sale of Goods.
- Your satisfaction is our top priority and we're confident you'll be pleased with our services. Still, if you try us and decide your account does not sufficiently meet your needs, you can cancel for a refund.
- Upon cancellation, your job posting will be turned off and you will be refunded the full amount of your most recent monthly charge from Snagajob.
- The money back guarantee only applies for services that are contracted for using our on-line self-serve portal, does not apply to any services other than job postings and is available only once to each customer.
- These Terms of Use, and our Privacy Policy and our Complaint Procedure Regarding Content Posted on the SnagAJob.com Website or App, which are incorporated into these Terms of Use by reference, constitute the entire agreement between us and you with respect to the subject matter of these Terms of Use, and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral, or whether established by custom, practice, policy or precedent.
- We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights or obligations under these Terms of Use without our prior express written permission. Any attempt by you to assign your rights or obligations under these Terms of Use without our permission shall be void.
- If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- Our failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by these Terms of Use, no representations, statements, consents, waivers or other acts or omissions by us shall be deemed legally binding on us, unless documented in a physical writing hand signed by one of our duly appointed officers.
- In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of our Website or App, exploitation of any advertising or other materials issued in connection therewith, or exploitation of our Website, App or any content or other material used or displayed on our Website or App.
- Entities that Snagajob.com owns a fifty percent (50%) or greater interest in (an “Affiliate”) are not parties to these Terms of Use, but intended third party beneficiaries of these Terms of Use, with a right to enforce these Terms of Use directly against you. Neither Apple Inc. nor its subsidiaries are parties to these Terms of Use, but Apple Inc. and its subsidiaries are third party beneficiaries to these Terms of Use as it applies to the App and if you download the App from the iTunes store to an Apple device. By accepting these Terms of Use, Apple will have the right to enforce these Terms of Use against you.
- The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use.
- For further information relating to these Terms of Use, or to report a problem regarding the Website or App, please contact [email protected], or call Snagajob.com's Support Line 1-877-461-SNAG (7624).
Snagajob Employer Terms
Effective February 17, 2022
DownloadTable of Contents
Snagajob Employer Terms
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated Date: July 27, 2021
Please read this Snagajob Employer Terms (the "Employer Terms") to the Snagajob General Terms of Use carefully.
These Employer Terms apply to all Employers who access and use the Website or the Services to post or submit job advertisements for review by individuals seeking employment ("Job Seekers") or otherwise access any Services designed for Employers. These Employer Terms do not apply to the posting of solicitations for “Shift Services” (which Services are governed by the Shifts Terms). These Employer Terms also govern any Sales Order (as defined below) entered into between you, the Employer, and Snagajob.
THESE EMPLOYER TERMS, AS INCORPORATED INTO THE GENERAL TERMS OF USE, AND COMBINED WITH ANY AND ALL SALES ORDERS, INCLUDING ONLINE ORDERS AND OTHER DOCUMENTS THAT INCORPORATE THESE EMPLOYER TERMS, ENTERED INTO BY SNAGAJOB AND YOU, THE EMPLOYER, (“SALES ORDERS”) SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AS AN EMPLOYER OR RELATED TO EMPLOYER SERVICES (COLLECTIVELY, THE “AGREEMENT”). THESE EMPLOYER TERMS REPLACE THE EMPLOYER TERMS OF USE AS OF THE EFFECTIVE DATE SET FORTH ABOVE AND ALL REFERENCES TO THE EMPLOYER TERMS OF USE SHALL BE DEEMED TO BE REFERENCES TO THESE EMPLOYER TERMS. THESE EMPLOYER TERMS SHALL NOT APPLY TO A SALES ORDER IF THE EMPLOYER AND SNAGAJOB HAVE MUTUALLY EXECUTED A MASTER SERVICE AGREEMENT OR SIMILAR DOCUMENT THAT DOES NOT INCORPORATE THESE EMPLOYER TERMS OR THE EMPLOYER TERMS OF USE (AN “MSA”) AND ANY PROVISION OF THE TERMS THAT IS INCONSISTENT WITH THE MSA WILL BE OF NO FORCE OR EFFECT.
These Employer Terms are hereby incorporated into the General Terms of Use. To the extent that there is any conflict between these Employer Terms and the General Terms of Use, the provision(s) in the Employer Terms will prevail, but solely to the extent such conflict exists. To the extent that there is any conflict between the Employer Terms and a Sales Order, the provision(s) in the Sales Order will prevail, but solely to the extent such conflict exists. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Terms of Use. We may at our sole discretion modify the Employer Terms on a going-forward basis. We will post notice of the date of the most recent update by revising the header at the top of this document.
EVERY TIME EMPLOYER USES THE EMPLOYER SERVICES, EMPLOYER ACKNOWLEDGES AND AGREES TO THE EMPLOYER TERMS AND THE GENERAL TERMS OF USE.
1. Employer Services.
1.2 Employer and Snagajob agree that Snagajob will provide or make available to Employer, and Employer will purchase and pay for, the Employer Services described in each Sales Order for the service period(s) specified in, or to the extent otherwise provided in, such Sales Order (the "Service Periods").
1.3 Snagajob may make available third-party products and/or services for integration with the Services, pursuant to a Sales Order (collectively, “Third-Party Offerings”). Employer agrees that Snagajob is not responsible for, and does not provide or control, those Third-Party Offerings. Snagajob encourages Employer to read the legal notices and privacy policies of each and every provider of such Third-Party Offering. Employer’s use of a Third-Party Offering will be subject to the terms of use, privacy policy, and any other applicable terms and conditions, required by the provider of such Third-Party Offering. Snagajob makes available Third-Party Offerings only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Offerings, and Employer accesses and/or uses all such Third-Party Offerings at its own risk.
1.4 Snagajob reserves the right to make modifications to the Employer Services during the Service Period of the applicable Sales Order, provided that such modifications do not have a material adverse effect on the functionality of the Employer Services.
2. Payments.
2.3 Snagajob will have the right to modify the prices and rates it charges for the Employer Services in connection with the auto-renewing of Sales Orders by providing not less than 90 days prior written notice to Employer. Such modified prices and rates will become effective at the beginning of the next Service Period for the applicable Employer Services.
3. Term and Termination of Sales Orders.
3.2 Snagajob may terminate a Sales Order with respect to one or more Employer Services prior to the applicable scheduled termination date(s) if: (i) Employer breaches any provision of the Agreement; (ii) Employer ceases its business activities, makes a general assignment for the benefit of creditors or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding; or (iii) Snagajob gives 30 days written notice of termination to Employer.
3.3. Upon the expiration or earlier termination of a Sales Order with respect to one or more Employer Services, (i) the licenses granted to Employer under the Agreement will automatically and immediately terminate, and Employer will no longer have any right to access or use the Website and the App (the “Snagajob Properties”) in connection with the applicable Employer Service(s); provided that, access to the E-Verify Services will be provided until notice of the cancellation or termination of the E-Verify account has been received from the U.S. government, (ii) Snagajob will no longer have any obligation to provide the applicable Employer Service(s) (or any related Services), and (iii) Employer will pay to Snagajob all fees and other amounts due with respect to Employer Services provided on or before the expiration or termination date, and, Employer, unless a sales order is terminated pursuant to section 3.1 or 3.2(iii), will pay to Snagajob all fees and other amounts payable for Employer Services under the applicable Sales Order for the remainder of the current initial or renewal term.
3.4 Unless a Sales Order has been terminated based on Employer’s failure to pay fees or other amounts due to Snagajob under the Sales Order, Snagajob will, upon Employer’s written request within 30 days following termination, provide to Employer an electronic copy of any Employer job postings s provided by Employer to Snagajob in connection with the Employer Services and employee data that are then available in Snagajob’s systems ("Employer Materials"), in a standard data format that is reasonably accessible by Employer. If Employer requests Snagajob to provide an electronic copy of Employer Materials, Employer agrees to pay Snagajob’s then-standard rates for such service. After 30 days following termination or expiration, Snagajob will have no obligation to maintain or provide any Employer Materials and may thereafter, unless legally prohibited, delete all Employer Materials in its system or otherwise in its possession or under its control.
4. Snagajob Obligations. Snagajob will:
5. Employer obligations.
5.2 Employer will not use the Employer Services, including the results of any procurement, screening, or assessment, to discriminate against candidates or current employees in violation of any federal, state or local employment or other applicable laws or regulations.
6. Representations and Warranties. Each of Employer and Snagajob represents and warrants to the other party that (i) it is a corporation or other entity duly organized and validly existing in good standing under the laws of the state of its incorporation or organization, and it has the corporate or other power to own its property and to carry on its business as now being conducted, (ii) it has full power and authority to enter into this Agreement and to perform its obligations hereunder and thereunder, all of which have been duly authorized by all required corporate or other action by it, (iii) no consent or approval of, notice to or filing with any governmental authority or third party is required as a condition to the validity or enforceability of this Agreement as to it, (iv) the Agreement constitutes the valid and legally binding agreement of it enforceable in accordance with its terms, (v) there are no proceedings pending or threatened before any court or governmental or administrative agency that would reasonably be expected to affect the validity or enforceability of the Agreement as to it, and (vi) it is not a party to or otherwise bound by any contract or agreement which in any manner would prohibit it from entering into this Agreement or performing its obligations hereunder.
7. Additional Disclaimers of Warranties.
7.2 Snagajob makes no representation or warranty with respect to any Job Seeker, including, but not limited to, the veracity or completeness of their profile or application materials, their fitness for any employment, or their performance of services for an Employer upon being hired. Snagajob is not the provider of the Third-Party Offerings and makes no representations or warranties with respect to such Third-Party Offerings.
8. Ownership of Property. As between Employer and Snagajob, any Employer Materials are and will remain the property of Employer. Employer grants to Snagajob an irrevocable, royalty-free, nonexclusive license to use, copy, display and distribute Employer Materials to the extent necessary to provide the Services and to administer, maintain or improve the Employer Services, and to use the Employer Materials, after anonymizing all Employer and personally identifiable information, for research and development purposes.
9. Snagajob Indemnification.
9.2 If any third-party claim is made against Employer for which Snagajob may be required to provide indemnification under Section 9.1 above, (i) Employer will promptly notify Snagajob in writing of such claim, in no event later than 10 days prior to the date on which a response to the claim is required, (ii) Snagajob will have full authority, at its option, to defend such claim and Employer will provide reasonable assistance in such defense, and (iii) Snagajob will have full authority, at its option, to control the defense of such claim at its expense and all negotiations for the compromise and settlement of such claim.
9.3 If Snagajob determines that any third-party claim that the Snagajob Properties infringe or otherwise violate any U.S. registered patent, copyright, trademark or service mark of a third party is valid, Snagajob will have the right, at its expense (i) to obtain for Employer the right to continue using the Snagajob Properties, under the Agreement, (ii) to modify the Snagajob Properties, as applicable, provided hereunder so that they are no longer infringing with no materially adverse effect on their functionality, or (iii) to terminate the Sales Order(s) with respect to the infringing Snagajob Properties and refund to Employer any related prepaid fees for the remainder of the current initial or renewal term.
9.4 The agreements contained in this Section 9 constitute the exclusive liability and responsibility of Snagajob for, and the exclusive remedy of Employer regarding, any claim that the Snagajob Properties infringe or otherwise violate any patent, copyright, trademark or service mark of a third party.
10. Employer Indemnification. Employer agrees to indemnify, defend and hold Snagajob and its licensors harmless from and against any damages, costs and expenses (including reasonable attorneys’ fees) incurred by Snagajob as a result of or in connection with any third-party claim that (i) any of the Customer Materials infringes or otherwise violates any patent, copyright, trademark, service mark, trade secret or other intellectual property right of a third party, and/or (ii) Employer’s employment application, including but not limited to any questions regarding criminal convictions, or any procurement, screening, testing, assessment, hiring or firing policies or practices, or improper use of Snagajob Properties, violates any applicable employment, data protection, privacy or other law or regulation.
11. Limitation of Liability.
SNAGAJOB AND ITS AFFILIATES ARE NOT LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) ANY PROPERTY DAMAGE OR LOSS, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. EXCEPT FOR CLAIMS FOR INDEMNIFICATION UNDER SECTIONS 9 AND 10 ABOVE AND CUSTOMER’S PAYMENT OBLIGATIONS. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER FOR MORE THAN THE AMOUNTS PAID OR PAYABLE BY EMPLOYER TO SNAGAJOB DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE GIVING RISE TO LIABILITY.
12. Confidentiality.
12.2 If a Receiving Party is required by legal, judicial or administrative process or applicable laws (including federal securities laws) to disclose Confidential Information of the other party, the party required to disclose such information will give the other party notice of the required disclosure and cooperate, at the expense of the other party, in seeking to quash or limit the disclosure.
12.3 All material containing Confidential Information of the other party will at the request of the other party be returned or destroyed upon termination of the Agreement, excluding materials that a Receiving Party is required to retain by applicable law or internal retention policies, or that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system.
12.4 Any breach of the restrictions on use of Confidential Information hereunder will cause irreparable injury and the party disclosing such Confirmation Information has, without limitation, the right to seek injunctive relief, without bond and without prejudice to any other rights and remedies that may be available at law or equity for a breach or threatened breach of such restrictions.
12.5 "Confidential Information" means proprietary or trade secret information which, if disclosed in tangible or electronic form bears a confidentiality legend and if disclosed orally is identified as confidential at the time of disclosure or is information of a type that a reasonable person would understand is confidential or proprietary.
13. Miscellaneous.
13.2 These Employer Terms and any Sales Order contain the entire agreement and understanding between Employer and Snagajob and may not be modified or amended, except by a writing signed by Employer and Snagajob, except as set forth Section 13.3. Neither the Employer Terms nor a Sales Order may be amended by any term or condition in any purchase order, business form, supplier registration site or similar form or website used by the Employer or any pre-printed terms or website terms or conditions that have not been separately negotiated and agreed to in a writing signed by the parties.
13.3 Employer may amend a Sales Order by an email in the form provided by Snagajob, or through the Snagajob online portal, as available, and only to make the following changes: (i) reallocate the budgeted amount between Performance Products; (ii) increase the quantity of the Services at the same rate as the rate in the Sales Order, with a corresponding increase in total price; (iii) change the cost per click rate ("CPC"); (iv) change the budget for Performance Products; or (v) extend the campaign end date for Performance Products. Employer and Snagajob agree that all such amendments sent by email or through the Snagajob online portal will be subject to all the terms and conditions of the Agreement. Employer may add additional locations through Snagajob's "PeopleMatter" Employer Services and agrees to pay for such additional locations at the rate indicated in the Sales Order.
13.4 Employer grants to Snagajob a limited, non-exclusive, nontransferable, royalty free right and license during the Term to use Employer’s tradename and logo (collectively, the "Employer Marks") on its website or customer list to identify Employer as a client of Snagajob and in a mutually approved press release to announce that Employer is a client of Snagajob. Snagajob will comply with Employer’s trademark usage guidelines in using Employer’s Marks. Snagajob will not use Employer Marks in a manner that dilutes, tarnishes, or blurs the value of the Employer Marks. Any goodwill accrued as a result of Snagajob’s use of the Employer Marks inures solely for the benefit of Employer.
13.5 All communications, notices and disclosures required or permitted by this Agreement will be made by email and will be deemed to have been given upon dispatch of the email containing such notice (i) to Employer, at the email address set out in the most recent Sales Order or subsequent written instruction given by Employer to Snagajob and (ii) to Snagajob at [email protected].
13.6 Neither party may assign any Sales Order, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld, provided that Snagajob may assign its rights and obligations under this Agreement, in whole or in part, without the Employer’s consent, as follows: (i) to any Snagajob affiliate; or (ii) in connection with the sale of a business segment, or product line or other divestment or sale or disposition of assets or any merger, stock purchase, or other acquisition involving Snagajob to a successor entity or transferee of all or substantially all of Snagajob’s material assets. Any attempted assignment by a party not in accordance herewith will be null and void and of no force or effect.
13.7 ALL DISPUTES RELATED TO THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION AND SHALL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
13.8 Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
13.9 If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
13.10 The Agreement constitutes the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
END OF EMPLOYER TERMS
Effective February 17, 2022 to February 17, 2022
DownloadTable of Contents
Snagajob Employer Terms
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated Date: July 27, 2021
Please read this Snagajob Employer Terms (the "Employer Terms") to the Snagajob General Terms of Use carefully.
These Employer Terms apply to all Employers who access and use the Website or the Services to post or submit job advertisements for review by individuals seeking employment ("Job Seekers") or otherwise access any Services designed for Employers. These Employer Terms do not apply to the posting of solicitations for “Shift Services” (which Services are governed by the Shifts Terms). These Employer Terms also govern any Sales Order (as defined below) entered into between you, the Employer, and Snagajob.
THESE EMPLOYER TERMS, AS INCORPORATED INTO THE GENERAL TERMS OF USE, AND COMBINED WITH ANY AND ALL SALES ORDERS, INCLUDING ONLINE ORDERS AND OTHER DOCUMENTS THAT INCORPORATE THESE EMPLOYER TERMS, ENTERED INTO BY SNAGAJOB AND YOU, THE EMPLOYER, (“SALES ORDERS”) SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AS AN EMPLOYER OR RELATED TO EMPLOYER SERVICES (COLLECTIVELY, THE “AGREEMENT”). THESE EMPLOYER TERMS REPLACE THE EMPLOYER TERMS OF USE AS OF THE EFFECTIVE DATE SET FORTH ABOVE AND ALL REFERENCES TO THE EMPLOYER TERMS OF USE SHALL BE DEEMED TO BE REFERENCES TO THESE EMPLOYER TERMS. THESE EMPLOYER TERMS SHALL NOT APPLY TO A SALES ORDER IF THE EMPLOYER AND SNAGAJOB HAVE MUTUALLY EXECUTED A MASTER SERVICE AGREEMENT OR SIMILAR DOCUMENT THAT DOES NOT INCORPORATE THESE EMPLOYER TERMS OR THE EMPLOYER TERMS OF USE (AN “MSA”) AND ANY PROVISION OF THE TERMS THAT IS INCONSISTENT WITH THE MSA WILL BE OF NO FORCE OR EFFECT.
These Employer Terms are hereby incorporated into the General Terms of Use. To the extent that there is any conflict between these Employer Terms and the General Terms of Use, the provision(s) in the Employer Terms will prevail, but solely to the extent such conflict exists. To the extent that there is any conflict between the Employer Terms and a Sales Order, the provision(s) in the Sales Order will prevail, but solely to the extent such conflict exists. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Terms of Use. We may at our sole discretion modify the Employer Terms on a going-forward basis. We will post notice of the date of the most recent update by revising the header at the top of this document.
EVERY TIME EMPLOYER USES THE EMPLOYER SERVICES, EMPLOYER ACKNOWLEDGES AND AGREES TO THE EMPLOYER TERMS AND THE GENERAL TERMS OF USE.
1. Employer Services.
1.2 Employer and Snagajob agree that Snagajob will provide or make available to Employer, and Employer will purchase and pay for, the Employer Services described in each Sales Order for the service period(s) specified in, or to the extent otherwise provided in, such Sales Order (the "Service Periods").
1.3 Snagajob may make available third-party products and/or services for integration with the Services, pursuant to a Sales Order (collectively, “Third-Party Offerings”). Employer agrees that Snagajob is not responsible for, and does not provide or control, those Third-Party Offerings. Snagajob encourages Employer to read the legal notices and privacy policies of each and every provider of such Third-Party Offering. Employer’s use of a Third-Party Offering will be subject to the terms of use, privacy policy, and any other applicable terms and conditions, required by the provider of such Third-Party Offering. Snagajob makes available Third-Party Offerings only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Offerings, and Employer accesses and/or uses all such Third-Party Offerings at its own risk.
1.4 Snagajob reserves the right to make modifications to the Employer Services during the Service Period of the applicable Sales Order, provided that such modifications do not have a material adverse effect on the functionality of the Employer Services.
2. Payments.
2.3 Snagajob will have the right to modify the prices and rates it charges for the Employer Services in connection with the auto-renewing of Sales Orders by providing not less than 90 days prior written notice to Employer. Such modified prices and rates will become effective at the beginning of the next Service Period for the applicable Employer Services.
3. Term and Termination of Sales Orders.
3.2 Snagajob may terminate a Sales Order with respect to one or more Employer Services prior to the applicable scheduled termination date(s) if: (i) Employer breaches any provision of the Agreement; (ii) Employer ceases its business activities, makes a general assignment for the benefit of creditors or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding; or (iii) Snagajob gives 30 days written notice of termination to Employer.
3.3. Upon the expiration or earlier termination of a Sales Order with respect to one or more Employer Services, (i) the licenses granted to Employer under the Agreement will automatically and immediately terminate, and Employer will no longer have any right to access or use the Website and the App (the “Snagajob Properties”) in connection with the applicable Employer Service(s); provided that, access to the E-Verify Services will be provided until notice of the cancellation or termination of the E-Verify account has been received from the U.S. government, (ii) Snagajob will no longer have any obligation to provide the applicable Employer Service(s) (or any related Services), and (iii) Employer will pay to Snagajob all fees and other amounts due with respect to Employer Services provided on or before the expiration or termination date, and, Employer, unless a sales order is terminated pursuant to section 3.1 or 3.2(iii), will pay to Snagajob all fees and other amounts payable for Employer Services under the applicable Sales Order for the remainder of the current initial or renewal term.
3.4 Unless a Sales Order has been terminated based on Employer’s failure to pay fees or other amounts due to Snagajob under the Sales Order, Snagajob will, upon Employer’s written request within 30 days following termination, provide to Employer an electronic copy of any Employer job postings s provided by Employer to Snagajob in connection with the Employer Services and employee data that are then available in Snagajob’s systems ("Employer Materials"), in a standard data format that is reasonably accessible by Employer. If Employer requests Snagajob to provide an electronic copy of Employer Materials, Employer agrees to pay Snagajob’s then-standard rates for such service. After 30 days following termination or expiration, Snagajob will have no obligation to maintain or provide any Employer Materials and may thereafter, unless legally prohibited, delete all Employer Materials in its system or otherwise in its possession or under its control.
4. Snagajob Obligations. Snagajob will:
5. Employer obligations.
5.2 Employer will not use the Employer Services, including the results of any procurement, screening, or assessment, to discriminate against candidates or current employees in violation of any federal, state or local employment or other applicable laws or regulations.
6. Representations and Warranties. Each of Employer and Snagajob represents and warrants to the other party that (i) it is a corporation or other entity duly organized and validly existing in good standing under the laws of the state of its incorporation or organization, and it has the corporate or other power to own its property and to carry on its business as now being conducted, (ii) it has full power and authority to enter into this Agreement and to perform its obligations hereunder and thereunder, all of which have been duly authorized by all required corporate or other action by it, (iii) no consent or approval of, notice to or filing with any governmental authority or third party is required as a condition to the validity or enforceability of this Agreement as to it, (iv) the Agreement constitutes the valid and legally binding agreement of it enforceable in accordance with its terms, (v) there are no proceedings pending or threatened before any court or governmental or administrative agency that would reasonably be expected to affect the validity or enforceability of the Agreement as to it, and (vi) it is not a party to or otherwise bound by any contract or agreement which in any manner would prohibit it from entering into this Agreement or performing its obligations hereunder.
7. Additional Disclaimers of Warranties.
7.2 Snagajob makes no representation or warranty with respect to any Job Seeker, including, but not limited to, the veracity or completeness of their profile or application materials, their fitness for any employment, or their performance of services for an Employer upon being hired. Snagajob is not the provider of the Third-Party Offerings and makes no representations or warranties with respect to such Third-Party Offerings.
8. Ownership of Property. As between Employer and Snagajob, any Employer Materials are and will remain the property of Employer. Employer grants to Snagajob an irrevocable, royalty-free, nonexclusive license to use, copy, display and distribute Employer Materials to the extent necessary to provide the Services and to administer, maintain or improve the Employer Services, and to use the Employer Materials, after anonymizing all Employer and personally identifiable information, for research and development purposes.
9. Snagajob Indemnification.
9.2 If any third-party claim is made against Employer for which Snagajob may be required to provide indemnification under Section 9.1 above, (i) Employer will promptly notify Snagajob in writing of such claim, in no event later than 10 days prior to the date on which a response to the claim is required, (ii) Snagajob will have full authority, at its option, to defend such claim and Employer will provide reasonable assistance in such defense, and (iii) Snagajob will have full authority, at its option, to control the defense of such claim at its expense and all negotiations for the compromise and settlement of such claim.
9.3 If Snagajob determines that any third-party claim that the Snagajob Properties infringe or otherwise violate any U.S. registered patent, copyright, trademark or service mark of a third party is valid, Snagajob will have the right, at its expense (i) to obtain for Employer the right to continue using the Snagajob Properties, under the Agreement, (ii) to modify the Snagajob Properties, as applicable, provided hereunder so that they are no longer infringing with no materially adverse effect on their functionality, or (iii) to terminate the Sales Order(s) with respect to the infringing Snagajob Properties and refund to Employer any related prepaid fees for the remainder of the current initial or renewal term.
9.4 The agreements contained in this Section 9 constitute the exclusive liability and responsibility of Snagajob for, and the exclusive remedy of Employer regarding, any claim that the Snagajob Properties infringe or otherwise violate any patent, copyright, trademark or service mark of a third party.
10. Employer Indemnification. Employer agrees to indemnify, defend and hold Snagajob and its licensors harmless from and against any damages, costs and expenses (including reasonable attorneys’ fees) incurred by Snagajob as a result of or in connection with any third-party claim that (i) any of the Customer Materials infringes or otherwise violates any patent, copyright, trademark, service mark, trade secret or other intellectual property right of a third party, and/or (ii) Employer’s employment application, including but not limited to any questions regarding criminal convictions, or any procurement, screening, testing, assessment, hiring or firing policies or practices, or improper use of Snagajob Properties, violates any applicable employment, data protection, privacy or other law or regulation.
11. Limitation of Liability.
SNAGAJOB AND ITS AFFILIATES ARE NOT LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) ANY PROPERTY DAMAGE OR LOSS, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. EXCEPT FOR CLAIMS FOR INDEMNIFICATION UNDER SECTIONS 9 AND 10 ABOVE AND CUSTOMER’S PAYMENT OBLIGATIONS. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER FOR MORE THAN THE AMOUNTS PAID OR PAYABLE BY EMPLOYER TO SNAGAJOB DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE GIVING RISE TO LIABILITY.
12. Confidentiality.
12.2 If a Receiving Party is required by legal, judicial or administrative process or applicable laws (including federal securities laws) to disclose Confidential Information of the other party, the party required to disclose such information will give the other party notice of the required disclosure and cooperate, at the expense of the other party, in seeking to quash or limit the disclosure.
12.3 All material containing Confidential Information of the other party will at the request of the other party be returned or destroyed upon termination of the Agreement, excluding materials that a Receiving Party is required to retain by applicable law or internal retention policies, or that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system.
12.4 Any breach of the restrictions on use of Confidential Information hereunder will cause irreparable injury and the party disclosing such Confirmation Information has, without limitation, the right to seek injunctive relief, without bond and without prejudice to any other rights and remedies that may be available at law or equity for a breach or threatened breach of such restrictions.
12.5 "Confidential Information" means proprietary or trade secret information which, if disclosed in tangible or electronic form bears a confidentiality legend and if disclosed orally is identified as confidential at the time of disclosure or is information of a type that a reasonable person would understand is confidential or proprietary.
13. Miscellaneous.
13.2 These Employer Terms and any Sales Order contain the entire agreement and understanding between Employer and Snagajob and may not be modified or amended, except by a writing signed by Employer and Snagajob, except as set forth Section 13.3. These Employer Terms may not be amended by any term or condition in any purchase order, business form, supplier registration site or similar form or website used by the Employer or any pre-printed terms or website terms or conditions that have not been separately negotiated and agreed to in a writing signed by the parties.
13.3 Employer may amend a Sales Order by an email in the form provided by Snagajob, or through the Snagajob online portal, as available, and only to make the following changes: (i) reallocate the budgeted amount between Performance Products; (ii) increase the quantity of the Services at the same rate as the rate in the Sales Order, with a corresponding increase in total price; (iii) change the cost per click rate ("CPC"); (iv) change the budget for Performance Products; or (v) extend the campaign end date for Performance Products. Employer and Snagajob agree that all such amendments sent by email or through the Snagajob online portal will be subject to all the terms and conditions of the Agreement. Employer may add additional locations through Snagajob's "PeopleMatter" Employer Services and agrees to pay for such additional locations at the rate indicated in the Sales Order.
13.4 Employer grants to Snagajob a limited, non-exclusive, nontransferable, royalty free right and license during the Term to use Employer’s tradename and logo (collectively, the "Employer Marks") on its website or customer list to identify Employer as a client of Snagajob and in a mutually approved press release to announce that Employer is a client of Snagajob. Snagajob will comply with Employer’s trademark usage guidelines in using Employer’s Marks. Snagajob will not use Employer Marks in a manner that dilutes, tarnishes, or blurs the value of the Employer Marks. Any goodwill accrued as a result of Snagajob’s use of the Employer Marks inures solely for the benefit of Employer.
13.5 All communications, notices and disclosures required or permitted by this Agreement will be made by email and will be deemed to have been given upon dispatch of the email containing such notice (i) to Employer, at the email address set out in the most recent Sales Order or subsequent written instruction given by Employer to Snagajob and (ii) to Snagajob at [email protected].
13.6 Neither party may assign any Sales Order, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld, provided that Snagajob may assign its rights and obligations under this Agreement, in whole or in part, without the Employer’s consent, as follows: (i) to any Snagajob affiliate; or (ii) in connection with the sale of a business segment, or product line or other divestment or sale or disposition of assets or any merger, stock purchase, or other acquisition involving Snagajob to a successor entity or transferee of all or substantially all of Snagajob’s material assets. Any attempted assignment by a party not in accordance herewith will be null and void and of no force or effect.
13.7 ALL DISPUTES RELATED TO THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION AND SHALL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
13.8 Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
13.9 If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
13.10 The Agreement constitutes the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
END OF EMPLOYER TERMS
Effective February 3, 2022 to February 17, 2022
DownloadTable of Contents
Snagajob Employer Terms
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated Date: July 27, 2021
Please read this Snagajob Employer Terms (the "Employer Terms") to the Snagajob General Terms of Use carefully.
These Employer Terms apply to all Employers who access and use the Website or the Services to post or submit job advertisements for review by individuals seeking employment ("Job Seekers") or otherwise access any Services designed for Employers. These Employer Terms do not apply to the posting of solicitations for “Shift Services” (which Services are governed by the Shifts Terms). These Employer Terms also govern any Sales Order (as defined below) entered into between you, the Employer, and Snagajob.
THESE EMPLOYER TERMS, AS INCORPORATED INTO THE GENERAL TERMS OF USE, AND COMBINED WITH ANY AND ALL SALES ORDERS, INCLUDING ONLINE ORDERS AND OTHER DOCUMENTS THAT INCORPORATE THESE EMPLOYER TERMS, ENTERED INTO BY SNAGAJOB AND YOU, THE EMPLOYER, (“SALES ORDERS”) SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AS AN EMPLOYER OR RELATED TO EMPLOYER SERVICES (COLLECTIVELY, THE “AGREEMENT”). THESE EMPLOYER TERMS REPLACE THE EMPLOYER TERMS OF USE AS OF THE EFFECTIVE DATE SET FORTH ABOVE AND ALL REFERENCES TO THE EMPLOYER TERMS OF USE SHALL BE DEEMED TO BE REFERENCES TO THESE EMPLOYER TERMS. THESE EMPLOYER TERMS SHALL NOT APPLY TO A SALES ORDER IF THE EMPLOYER AND SNAGAJOB HAVE MUTUALLY EXECUTED A MASTER SERVICE AGREEMENT OR SIMILAR DOCUMENT THAT DOES NOT INCORPORATE THESE EMPLOYER TERMS OR THE EMPLOYER TERMS OF USE (AN “MSA”) AND ANY PROVISION OF THE TERMS THAT IS INCONSISTENT WITH THE MSA WILL BE OF NO FORCE OR EFFECT.
These Employer Terms are hereby incorporated into the General Terms of Use. To the extent that there is any conflict between these Employer Terms and the General Terms of Use, the provision(s) in the Employer Terms will prevail, but solely to the extent such conflict exists. To the extent that there is any conflict between the Employer Terms and a Sales Order, the provision(s) in the Sales Order will prevail, but solely to the extent such conflict exists. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Terms of Use. We may at our sole discretion modify the Employer Terms on a going-forward basis. We will post notice of the date of the most recent update by revising the header at the top of this document.
EVERY TIME EMPLOYER USES THE EMPLOYER SERVICES, EMPLOYER ACKNOWLEDGES AND AGREES TO THE EMPLOYER TERMS AND THE GENERAL TERMS OF USE.
1. Employer Services.
1.2 Employer and Snagajob agree that Snagajob will provide or make available to Employer, and Employer will purchase and pay for, the Employer Services described in each Sales Order for the service period(s) specified in, or to the extent otherwise provided in, such Sales Order (the "Service Periods").
1.3 Snagajob may make available third-party products and/or services for integration with the Services, pursuant to a Sales Order (collectively, “Third-Party Offerings”). Employer agrees that Snagajob is not responsible for, and does not provide or control, those Third-Party Offerings. Snagajob encourages Employer to read the legal notices and privacy policies of each and every provider of such Third-Party Offering. Employer’s use of a Third-Party Offering will be subject to the terms of use, privacy policy, and any other applicable terms and conditions, required by the provider of such Third-Party Offering. Snagajob makes available Third-Party Offerings only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Offerings, and Employer accesses and/or uses all such Third-Party Offerings at its own risk.
1.4 Snagajob reserves the right to make modifications to the Employer Services during the Service Period of the applicable Sales Order, provided that such modifications do not have a material adverse effect on the functionality of the Employer Services.
2. Payments.
2.3 Snagajob will have the right to modify the prices and rates it charges for the Employer Services in connection with the auto-renewing of Sales Orders by providing not less than 90 days prior written notice to Employer. Such modified prices and rates will become effective at the beginning of the next Service Period for the applicable Employer Services.
3. Term and Termination of Sales Orders.
3.2 Snagajob may terminate a Sales Order with respect to one or more Employer Services prior to the applicable scheduled termination date(s) if: (i) Employer breaches any provision of the Agreement; (ii) Employer ceases its business activities, makes a general assignment for the benefit of creditors or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding; or (iii) Snagajob gives 30 days written notice of termination to Employer.
3.3. Upon the expiration or earlier termination of a Sales Order with respect to one or more Employer Services, (i) the licenses granted to Employer under the Agreement will automatically and immediately terminate, and Employer will no longer have any right to access or use the Website and the App (the “Snagajob Properties”) in connection with the applicable Employer Service(s); provided that, access to the E-Verify Services will be provided until notice of the cancellation or termination of the E-Verify account has been received from the U.S. government, (ii) Snagajob will no longer have any obligation to provide the applicable Employer Service(s) (or any related Services), and (iii) Employer will pay to Snagajob all fees and other amounts due with respect to Employer Services provided on or before the expiration or termination date, and, Employer, unless a sales order is terminated pursuant to section 3.1 or 3.2(iii), will pay to Snagajob all fees and other amounts payable for Employer Services under the applicable Sales Order for the remainder of the current initial or renewal term.
3.4 Unless a Sales Order has been terminated based on Employer’s failure to pay fees or other amounts due to Snagajob under the Sales Order, Snagajob will, upon Employer’s written request within 30 days following termination, provide to Employer an electronic copy of any Employer job postings s provided by Employer to Snagajob in connection with the Employer Services and employee data that are then available in Snagajob’s systems ("Employer Materials"), in a standard data format that is reasonably accessible by Employer. If Employer requests Snagajob to provide an electronic copy of Employer Materials, Employer agrees to pay Snagajob’s then-standard rates for such service. After 30 days following termination or expiration, Snagajob will have no obligation to maintain or provide any Employer Materials and may thereafter, unless legally prohibited, delete all Employer Materials in its system or otherwise in its possession or under its control.
4. Snagajob Obligations. Snagajob will:
5. Employer obligations.
5.2 Employer will not use the Employer Services, including the results of any procurement, screening, or assessment, to discriminate against candidates or current employees in violation of any federal, state or local employment or other applicable laws or regulations.
6. Representations and Warranties. Each of Employer and Snagajob represents and warrants to the other party that (i) it is a corporation or other entity duly organized and validly existing in good standing under the laws of the state of its incorporation or organization, and it has the corporate or other power to own its property and to carry on its business as now being conducted, (ii) it has full power and authority to enter into this Agreement and to perform its obligations hereunder and thereunder, all of which have been duly authorized by all required corporate or other action by it, (iii) no consent or approval of, notice to or filing with any governmental authority or third party is required as a condition to the validity or enforceability of this Agreement as to it, (iv) the Agreement constitutes the valid and legally binding agreement of it enforceable in accordance with its terms, (v) there are no proceedings pending or threatened before any court or governmental or administrative agency that would reasonably be expected to affect the validity or enforceability of the Agreement as to it, and (vi) it is not a party to or otherwise bound by any contract or agreement which in any manner would prohibit it from entering into this Agreement or performing its obligations hereunder.
7. Additional Disclaimers of Warranties.
7.2 Snagajob makes no representation or warranty with respect to any Job Seeker, including, but not limited to, the veracity or completeness of their profile or application materials, their fitness for any employment, or their performance of services for an Employer upon being hired. Snagajob is not the provider of the Third-Party Offerings and makes no representations or warranties with respect to such Third-Party Offerings.
8. Ownership of Property. As between Employer and Snagajob, any Employer Materials are and will remain the property of Employer. Employer grants to Snagajob an irrevocable, royalty-free, nonexclusive license to use, copy, display and distribute Employer Materials to the extent necessary to provide the Services and to administer, maintain or improve the Employer Services, and to use the Employer Materials, after anonymizing all Employer and personally identifiable information, for research and development purposes.
9. Snagajob Indemnification.
9.2 If any third-party claim is made against Employer for which Snagajob may be required to provide indemnification under Section 9.1 above, (i) Employer will promptly notify Snagajob in writing of such claim, in no event later than 10 days prior to the date on which a response to the claim is required, (ii) Snagajob will have full authority, at its option, to defend such claim and Employer will provide reasonable assistance in such defense, and (iii) Snagajob will have full authority, at its option, to control the defense of such claim at its expense and all negotiations for the compromise and settlement of such claim.
9.3 If Snagajob determines that any third-party claim that the Snagajob Properties infringe or otherwise violate any U.S. registered patent, copyright, trademark or service mark of a third party is valid, Snagajob will have the right, at its expense (i) to obtain for Employer the right to continue using the Snagajob Properties, under the Agreement, (ii) to modify the Snagajob Properties, as applicable, provided hereunder so that they are no longer infringing with no materially adverse effect on their functionality, or (iii) to terminate the Sales Order(s) with respect to the infringing Snagajob Properties and refund to Employer any related prepaid fees for the remainder of the current initial or renewal term.
9.4 The agreements contained in this Section 9 constitute the exclusive liability and responsibility of Snagajob for, and the exclusive remedy of Employer regarding, any claim that the Snagajob Properties infringe or otherwise violate any patent, copyright, trademark or service mark of a third party.
10. Employer Indemnification. Employer agrees to indemnify, defend and hold Snagajob and its licensors harmless from and against any damages, costs and expenses (including reasonable attorneys’ fees) incurred by Snagajob as a result of or in connection with any third-party claim that (i) any of the Customer Materials infringes or otherwise violates any patent, copyright, trademark, service mark, trade secret or other intellectual property right of a third party, and/or (ii) Employer’s employment application, including but not limited to any questions regarding criminal convictions, or any procurement, screening, testing, assessment, hiring or firing policies or practices, or improper use of Snagajob Properties, violates any applicable employment, data protection, privacy or other law or regulation.
11. Limitation of Liability.
SNAGAJOB AND ITS AFFILIATES ARE NOT LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) ANY PROPERTY DAMAGE OR LOSS, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. EXCEPT FOR CLAIMS FOR INDEMNIFICATION UNDER SECTIONS 9 AND 10 ABOVE AND CUSTOMER’S PAYMENT OBLIGATIONS. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER FOR MORE THAN THE AMOUNTS PAID OR PAYABLE BY EMPLOYER TO SNAGAJOB DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE GIVING RISE TO LIABILITY.
12. Confidentiality.
12.2 If a Receiving Party is required by legal, judicial or administrative process or applicable laws (including federal securities laws) to disclose Confidential Information of the other party, the party required to disclose such information will give the other party notice of the required disclosure and cooperate, at the expense of the other party, in seeking to quash or limit the disclosure.
12.3 All material containing Confidential Information of the other party will at the request of the other party be returned or destroyed upon termination of the Agreement, excluding materials that a Receiving Party is required to retain by applicable law or internal retention policies, or that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system.
12.4 Any breach of the restrictions on use of Confidential Information hereunder will cause irreparable injury and the party disclosing such Confirmation Information has, without limitation, the right to seek injunctive relief, without bond and without prejudice to any other rights and remedies that may be available at law or equity for a breach or threatened breach of such restrictions.
12.5 "Confidential Information" means proprietary or trade secret information which, if disclosed in tangible or electronic form bears a confidentiality legend and if disclosed orally is identified as confidential at the time of disclosure or is information of a type that a reasonable person would understand is confidential or proprietary.
13. Miscellaneous.
13.2 Snagajob and Employer agree that Employer may only amend a Sales Order by an email in the form provided by Snagajob, or through the Snagajob online portal, as available, and only to make the following changes: (i) reallocate the budgeted amount between Performance Products; (ii) increase the quantity of the Services at the same rate as the rate in the Sales Order, with a corresponding increase in total price; (iii) change the cost per click rate ("CPC"); (iv) change the budget for Performance Products; or (v) extend the campaign end date for Performance Products. Employer and Snagajob agree that all such amendments sent by email or through the Snagajob online portal will be subject to all the terms and conditions of the Agreement. Employer may add additional locations through Snagajob's "PeopleMatter" Employer Services and agrees to pay for such additional locations at the rate indicated in the Sales Order.
13.3 Employer grants to Snagajob a limited, non-exclusive, nontransferable, royalty free right and license during the Term to use Employer’s tradename and logo (collectively, the "Employer Marks") on its website or customer list to identify Employer as a client of Snagajob and in a mutually approved press release to announce that Employer is a client of Snagajob. Snagajob will comply with Employer’s trademark usage guidelines in using Employer’s Marks. Snagajob will not use Employer Marks in a manner that dilutes, tarnishes, or blurs the value of the Employer Marks. Any goodwill accrued as a result of Snagajob’s use of the Employer Marks inures solely for the benefit of Employer.
13.4 All communications, notices and disclosures required or permitted by this Agreement will be made by email and will be deemed to have been given upon dispatch of the email containing such notice (i) to Employer, at the email address set out in the most recent Sales Order or subsequent written instruction given by Employer to Snagajob and (ii) to Snagajob at [email protected].
13.5 Neither party may assign any Sales Order, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld, provided that Snagajob may assign its rights and obligations under this Agreement, in whole or in part, without the Employer’s consent, as follows: (i) to any Snagajob affiliate; or (ii) in connection with the sale of a business segment, or product line or other divestment or sale or disposition of assets or any merger, stock purchase, or other acquisition involving Snagajob to a successor entity or transferee of all or substantially all of Snagajob’s material assets. Any attempted assignment by a party not in accordance herewith will be null and void and of no force or effect.
13.6 ALL DISPUTES RELATED TO THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION AND SHALL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
13.7 Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
13.8 If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
13.9 The Agreement constitutes the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
END OF EMPLOYER TERMS
Effective November 16, 2021 to February 3, 2022
DownloadTable of Contents
Snagajob Employer Terms
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated Date: July 27, 2021
Please read this Snagajob Employer Terms (the "Employer Terms") to the Snagajob General Terms of Use carefully.
These Employer Terms apply to all Employers who access and use the Website or the Services to post or submit job advertisements for review by individuals seeking employment ("Job Seekers") or otherwise access any Services designed for Employers. These Employer Terms do not apply to the posting of solicitations for “Shift Services” (which Services are governed by the Shifts Terms). These Employer Terms also govern any Sales Order (as defined below) entered into between you, the Employer, and Snagajob.
THESE EMPLOYER TERMS, AS INCORPORATED INTO THE GENERAL TERMS OF USE, AND COMBINED WITH ANY AND ALL SALES ORDERS, INCLUDING ONLINE ORDERS AND OTHER DOCUMENTS THAT INCORPORATE THESE EMPLOYER TERMS, ENTERED INTO BY SNAGAJOB AND YOU, THE EMPLOYER, (“SALES ORDERS”) SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AS AN EMPLOYER OR RELATED TO EMPLOYER SERVICES (COLLECTIVELY, THE “AGREEMENT”). THESE EMPLOYER TERMS REPLACE THE EMPLOYER TERMS OF USE AS OF THE EFFECTIVE DATE SET FORTH ABOVE AND ALL REFERENCES TO THE EMPLOYER TERMS OF USE SHALL BE DEEMED TO BE REFERENCES TO THESE EMPLOYER TERMS. THESE EMPLOYER TERMS SHALL NOT APPLY TO A SALES ORDER IF THE EMPLOYER AND SNAGAJOB HAVE MUTUALLY EXECUTED A MASTER SERVICE AGREEMENT OR SIMILAR DOCUMENT THAT DOES NOT INCORPORATE THESE EMPLOYER TERMS OR THE EMPLOYER TERMS OF USE (AN “MSA”) AND ANY PROVISION OF THE TERMS THAT IS INCONSISTENT WITH THE MSA WILL BE OF NO FORCE OR EFFECT.
These Employer Terms are hereby incorporated into the General Terms of Use. To the extent that there is any conflict between these Employer Terms and the General Terms of Use, the provision(s) in the Employer Terms will prevail, but solely to the extent such conflict exists. To the extent that there is any conflict between the Employer Terms and a Sales Order, the provision(s) in the Sales Order will prevail, but solely to the extent such conflict exists. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Terms of Use. We may at our sole discretion modify the Employer Terms on a going-forward basis. We will post notice of the date of the most recent update by revising the header at the top of this document.
EVERY TIME EMPLOYER USES THE EMPLOYER SERVICES, EMPLOYER ACKNOWLEDGES AND AGREES TO THE EMPLOYER TERMS AND THE GENERAL TERMS OF USE.
1. Employer Services.
1.2 Employer and Snagajob agree that Snagajob will provide or make available to Employer, and Employer will purchase and pay for, the Employer Services described in each Sales Order for the service period(s) specified in, or to the extent otherwise provided in, such Sales Order (the "Service Periods").
1.3 Snagajob may make available third-party products and/or services for integration with the Services, pursuant to a Sales Order (collectively, “Third-Party Offerings”). Employer agrees that Snagajob is not responsible for, and does not provide or control, those Third-Party Offerings. Snagajob encourages Employer to read the legal notices and privacy policies of each and every provider of such Third-Party Offering. Employer’s use of a Third-Party Offering will be subject to the terms of use, privacy policy, and any other applicable terms and conditions, required by the provider of such Third-Party Offering. Snagajob makes available Third-Party Offerings only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Offerings, and Employer accesses and/or uses all such Third-Party Offerings at its own risk.
1.4 Snagajob reserves the right to make modifications to the Employer Services during the Service Period of the applicable Sales Order, provided that such modifications do not have a material adverse effect on the functionality of the Employer Services.
2. Payments.
2.3 Snagajob will have the right to modify the prices and rates it charges for the Employer Services in connection with the auto-renewing of Sales Orders by providing not less than 90 days prior written notice to Employer. Such modified prices and rates will become effective at the beginning of the next Service Period for the applicable Employer Services.
3. Term and Termination of Sales Orders.
3.2 Snagajob may terminate a Sales Order with respect to one or more Employer Services prior to the applicable scheduled termination date(s) if: (i) Employer breaches any provision of the Agreement; (ii) Employer ceases its business activities, makes a general assignment for the benefit of creditors or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding; or (iii) Snagajob gives 30 days written notice of termination to Employer.
3.3. Upon the expiration or earlier termination of a Sales Order with respect to one or more Employer Services, (i) the licenses granted to Employer under the Agreement will automatically and immediately terminate, and Employer will no longer have any right to access or use the Website and the App (the “Snagajob Properties”) in connection with the applicable Employer Service(s); provided that, access to the E-Verify Services will be provided until notice of the cancellation or termination of the E-Verify account has been received from the U.S. government, (ii) Snagajob will no longer have any obligation to provide the applicable Employer Service(s) (or any related Services), and (iii) Employer will pay to Snagajob all fees and other amounts due with respect to Employer Services provided on or before the expiration or termination date, and, Employer, unless a sales order is terminated pursuant to section 3.1 or 3.2(iii), will pay to Snagajob all fees and other amounts payable for Employer Services under the applicable Sales Order for the remainder of the current initial or renewal term.
3.4 Unless a Sales Order has been terminated based on Employer’s failure to pay fees or other amounts due to Snagajob under the Sales Order, Snagajob will, upon Employer’s written request within 30 days following termination, provide to Employer an electronic copy of any Employer job postings s provided by Employer to Snagajob in connection with the Employer Services and employee data that are then available in Snagajob’s systems ("Employer Materials"), in a standard data format that is reasonably accessible by Employer. If Employer requests Snagajob to provide an electronic copy of Employer Materials, Employer agrees to pay Snagajob’s then-standard rates for such service. After 30 days following termination or expiration, Snagajob will have no obligation to maintain or provide any Employer Materials and may thereafter, unless legally prohibited, delete all Employer Materials in its system or otherwise in its possession or under its control.
4. Snagajob Obligations. Snagajob will:
5. Employer obligations.
5.2 Employer will not use the Employer Services, including the results of any procurement, screening, or assessment, to discriminate against candidates or current employees in violation of any federal, state or local employment or other applicable laws or regulations.
6. Representations and Warranties. Each of Employer and Snagajob represents and warrants to the other party that (i) it is a corporation or other entity duly organized and validly existing in good standing under the laws of the state of its incorporation or organization, and it has the corporate or other power to own its property and to carry on its business as now being conducted, (ii) it has full power and authority to enter into this Agreement and to perform its obligations hereunder and thereunder, all of which have been duly authorized by all required corporate or other action by it, (iii) no consent or approval of, notice to or filing with any governmental authority or third party is required as a condition to the validity or enforceability of this Agreement as to it, (iv) the Agreement constitutes the valid and legally binding agreement of it enforceable in accordance with its terms, (v) there are no proceedings pending or threatened before any court or governmental or administrative agency that would reasonably be expected to affect the validity or enforceability of the Agreement as to it, and (vi) it is not a party to or otherwise bound by any contract or agreement which in any manner would prohibit it from entering into this Agreement or performing its obligations hereunder.
7. Additional Disclaimers of Warranties.
7.2 Snagajob makes no representation or warranty with respect to any Job Seeker, including, but not limited to, the veracity or completeness of their profile or application materials, their fitness for any employment, or their performance of services for an Employer upon being hired. Snagajob is not the provider of the Third-Party Offerings and makes no representations or warranties with respect to such Third-Party Offerings.
8. Ownership of Property. As between Employer and Snagajob, any Employer Materials are and will remain the property of Employer. Employer grants to Snagajob an irrevocable, royalty-free, nonexclusive license to use, copy, display and distribute Employer Materials to the extent necessary to provide the Services and to administer, maintain or improve the Employer Services, and to use the Employer Materials, after anonymizing all Employer and personally identifiable information, for research and development purposes.
9. Snagajob Indemnification.
9.2 If any third-party claim is made against Employer for which Snagajob may be required to provide indemnification under Section 9.1 above, (i) Employer will promptly notify Snagajob in writing of such claim, in no event later than 10 days prior to the date on which a response to the claim is required, (ii) Snagajob will have full authority, at its option, to defend such claim and Employer will provide reasonable assistance in such defense, and (iii) Snagajob will have full authority, at its option, to control the defense of such claim at its expense and all negotiations for the compromise and settlement of such claim.
9.3 If Snagajob determines that any third-party claim that the Snagajob Properties infringe or otherwise violate any U.S. registered patent, copyright, trademark or service mark of a third party is valid, Snagajob will have the right, at its expense (i) to obtain for Employer the right to continue using the Snagajob Properties, under the Agreement, (ii) to modify the Snagajob Properties, as applicable, provided hereunder so that they are no longer infringing with no materially adverse effect on their functionality, or (iii) to terminate the Sales Order(s) with respect to the infringing Snagajob Properties and refund to Employer any related prepaid fees for the remainder of the current initial or renewal term.
9.4 The agreements contained in this Section 9 constitute the exclusive liability and responsibility of Snagajob for, and the exclusive remedy of Employer regarding, any claim that the Snagajob Properties infringe or otherwise violate any patent, copyright, trademark or service mark of a third party.
10. Employer Indemnification. Employer agrees to indemnify, defend and hold Snagajob and its licensors harmless from and against any damages, costs and expenses (including reasonable attorneys’ fees) incurred by Snagajob as a result of or in connection with any third-party claim that (i) any of the Customer Materials infringes or otherwise violates any patent, copyright, trademark, service mark, trade secret or other intellectual property right of a third party, and/or (ii) Employer’s employment application, including but not limited to any questions regarding criminal convictions, or any procurement, screening, testing, assessment, hiring or firing policies or practices, or improper use of Snagajob Properties, violates any applicable employment, data protection, privacy or other law or regulation.
11. Limitation of Liability.
SNAGAJOB AND ITS AFFILIATES ARE NOT LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) ANY PROPERTY DAMAGE OR LOSS, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. EXCEPT FOR CLAIMS FOR INDEMNIFICATION UNDER SECTIONS 9 AND 10 ABOVE AND CUSTOMER’S PAYMENT OBLIGATIONS. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER FOR MORE THAN THE AMOUNTS PAID OR PAYABLE BY EMPLOYER TO SNAGAJOB DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE GIVING RISE TO LIABILITY.
12. Confidentiality.
12.2 If a Receiving Party is required by legal, judicial or administrative process or applicable laws (including federal securities laws) to disclose Confidential Information of the other party, the party required to disclose such information will give the other party notice of the required disclosure and cooperate, at the expense of the other party, in seeking to quash or limit the disclosure.
12.3 All material containing Confidential Information of the other party will at the request of the other party be returned or destroyed upon termination of the Agreement, excluding materials that a Receiving Party is required to retain by applicable law or internal retention policies, or that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system.
12.4 Any breach of the restrictions on use of Confidential Information hereunder will cause irreparable injury and the party disclosing such Confirmation Information has, without limitation, the right to seek injunctive relief, without bond and without prejudice to any other rights and remedies that may be available at law or equity for a breach or threatened breach of such restrictions.
12.5 "Confidential Information" means proprietary or trade secret information which, if disclosed in tangible or electronic form bears a confidentiality legend and if disclosed orally is identified as confidential at the time of disclosure or is information of a type that a reasonable person would understand is confidential or proprietary.
13. Miscellaneous.
13.2 Snagajob and Employer agree that Employer may only amend a Sales Order by an email in the form provided by Snagajob, or through the Snagajob online portal, as available, and only to make the following changes: (i) reallocate the budgeted amount between Performance Products; (ii) increase the quantity of the Services at the same rate as the rate in the Sales Order, with a corresponding increase in total price; (iii) change the cost per click rate ("CPC"); (iv) change the budget for Performance Products; or (v) extend the campaign end date for Performance Products. Employer and Snagajob agree that all such amendments sent by email or through the Snagajob online portal will be subject to all the terms and conditions of the Agreement. Employer may add additional locations through Snagajob's "PeopleMatter" Employer Services and agrees to pay for such additional locations at the rate indicated in the Sales Order.
13.3 Employer grants to Snagajob a limited, non-exclusive, nontransferable, royalty free right and license during the Term to use Employer’s tradename and logo (collectively, the "Employer Marks") on its website or customer list to identify Employer as a client of Snagajob and in a mutually approved press release to announce that Employer is a client of Snagajob. Snagajob will comply with Employer’s trademark usage guidelines in using Employer’s Marks. Snagajob will not use Employer Marks in a manner that dilutes, tarnishes, or blurs the value of the Employer Marks. Any goodwill accrued as a result of Snagajob’s use of the Employer Marks inures solely for the benefit of Employer.
13.4 All communications, notices and disclosures required or permitted by this Agreement will be made by email and will be deemed to have been given upon dispatch of the email containing such notice (i) to Employer, at the email address set out in the most recent Sales Order or subsequent written instruction given by Employer to Snagajob and (ii) to Snagajob at [email protected].
13.5 Neither party may assign any Sales Order, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld, provided that Snagajob may assign its rights and obligations under this Agreement, in whole or in part, without the Employer’s consent, as follows: (i) to any Snagajob affiliate; or (ii) in connection with the sale of a business segment, or product line or other divestment or sale or disposition of assets or any merger, stock purchase, or other acquisition involving Snagajob to a successor entity or transferee of all or substantially all of Snagajob’s material assets. Any attempted assignment by a party not in accordance herewith will be null and void and of no force or effect.
13.6 ALL DISPUTES RELATED TO THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION AND SHALL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
13.7 Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
13.8 If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
13.9 The Agreement constitutes the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
END OF EMPLOYER TERMS
Effective August 6, 2021 to November 16, 2021
DownloadTable of Contents
Snagajob Employer Terms
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated Date: July 27, 2021
Please read this Snagajob Employer Terms (the "Employer Terms") to the Snagajob General Terms of Use carefully.
These Employer Terms apply to all Employers who access and use the Website or the Services to post or submit job advertisements for review by individuals seeking employment ("Job Seekers") or otherwise access any Services designed for Employers. These Employer Terms do not apply to the posting of solicitations for “Shift Services” (which Services are governed by the Shifts Terms). These Employer Terms also govern any Sales Order (as defined below) entered into between you, the Employer, and Snagajob.
THESE EMPLOYER TERMS, AS INCORPORATED INTO THE GENERAL TERMS OF USE, AND COMBINED WITH ANY AND ALL SALES ORDERS, INCLUDING ONLINE ORDERS AND OTHER DOCUMENTS THAT INCORPORATE THESE EMPLOYER TERMS, ENTERED INTO BY SNAGAJOB AND YOU, THE EMPLOYER, (“SALES ORDERS”) SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AS AN EMPLOYER OR RELATED TO EMPLOYER SERVICES (COLLECTIVELY, THE “AGREEMENT”). THESE EMPLOYER TERMS REPLACE THE EMPLOYER TERMS OF USE AS OF THE EFFECTIVE DATE SET FORTH ABOVE AND ALL REFERENCES TO THE EMPLOYER TERMS OF USE SHALL BE DEEMED TO BE REFERENCES TO THESE EMPLOYER TERMS. THESE EMPLOYER TERMS SHALL NOT APPLY TO A SALES ORDER IF THE EMPLOYER AND SNAGAJOB HAVE MUTUALLY EXECUTED A MASTER SERVICE AGREEMENT OR SIMILAR DOCUMENT THAT DOES NOT INCORPORATE THESE EMPLOYER TERMS OR THE EMPLOYER TERMS OF USE (AN “MSA”) AND ANY PROVISION OF THE TERMS THAT IS INCONSISTENT WITH THE MSA WILL BE OF NO FORCE OR EFFECT.
These Employer Terms are hereby incorporated into the General Terms of Use. To the extent that there is any conflict between these Employer Terms and the General Terms of Use, the provision(s) in the Employer Terms will prevail, but solely to the extent such conflict exists. To the extent that there is any conflict between the Employer Terms and a Sales Order, the provision(s) in the Sales Order will prevail, but solely to the extent such conflict exists. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Terms of Use. We may at our sole discretion modify the Employer Terms on a going-forward basis. We will post notice of the date of the most recent update by revising the header at the top of this document.
EVERY TIME EMPLOYER USES THE EMPLOYER SERVICES, EMPLOYER ACKNOWLEDGES AND AGREES TO THE EMPLOYER TERMS AND THE GENERAL TERMS OF USE.
1. Employer Services.
1.2 Employer and Snagajob agree that Snagajob will provide or make available to Employer, and Employer will purchase and pay for, the Employer Services described in each Sales Order for the service period(s) specified in, or to the extent otherwise provided in, such Sales Order (the "Service Periods").
1.3 Snagajob may make available third-party products and/or services for integration with the Services, pursuant to a Sales Order (collectively, “Third-Party Offerings”). Employer agrees that Snagajob is not responsible for, and does not provide or control, those Third-Party Offerings. Snagajob encourages Employer to read the legal notices and privacy policies of each and every provider of such Third-Party Offering. Employer’s use of a Third-Party Offering will be subject to the terms of use, privacy policy, and any other applicable terms and conditions, required by the provider of such Third-Party Offering. Snagajob makes available Third-Party Offerings only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Offerings, and Employer accesses and/or uses all such Third-Party Offerings at its own risk.
1.4 Snagajob reserves the right to make modifications to the Employer Services during the Service Period of the applicable Sales Order, provided that such modifications do not have a material adverse effect on the functionality of the Employer Services.
2. Payments.
2.3 Snagajob will have the right to modify the prices and rates it charges for the Employer Services in connection with the auto-renewing of Sales Orders by providing not less than 90 days prior written notice to Employer. Such modified prices and rates will become effective at the beginning of the next Service Period for the applicable Employer Services.
3. Term and Termination of Sales Orders.
3.2 Snagajob may terminate a Sales Order with respect to one or more Employer Services prior to the applicable scheduled termination date(s) if: (i) Employer breaches any provision of the Agreement; (ii) Employer ceases its business activities, makes a general assignment for the benefit of creditors or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding; or (iii) Snagajob gives 30 days written notice of termination to Employer.
3.3. Upon the expiration or earlier termination of a Sales Order with respect to one or more Employer Services, (i) the licenses granted to Employer under the Agreement will automatically and immediately terminate, and Employer will no longer have any right to access or use the Website and the App (the “Snagajob Properties”) in connection with the applicable Employer Service(s); provided that, access to the E-Verify Services will be provided until notice of the cancellation or termination of the E-Verify account has been received from the U.S. government, (ii) Snagajob will no longer have any obligation to provide the applicable Employer Service(s) (or any related Services), and (iii) Employer will pay to Snagajob all fees and other amounts due with respect to Employer Services provided on or before the expiration or termination date, and, Employer, unless a sales order is terminated pursuant to section 3.1 or 3.2(iii), will pay to Snagajob all fees and other amounts payable for Employer Services under the applicable Sales Order for the remainder of the current initial or renewal term.
3.4 Unless a Sales Order has been terminated based on Employer’s failure to pay fees or other amounts due to Snagajob under the Sales Order, Snagajob will, upon Employer’s written request within 30 days following termination, provide to Employer an electronic copy of any Employer job postings s provided by Employer to Snagajob in connection with the Employer Services and employee data that are then available in Snagajob’s systems ("Employer Materials"), in a standard data format that is reasonably accessible by Employer. If Employer requests Snagajob to provide an electronic copy of Employer Materials, Employer agrees to pay Snagajob’s then-standard rates for such service. After 30 days following termination or expiration, Snagajob will have no obligation to maintain or provide any Employer Materials and may thereafter, unless legally prohibited, delete all Employer Materials in its system or otherwise in its possession or under its control.
4. Snagajob Obligations. Snagajob will:
5. Employer obligations.
5.2 Employer will not use the Employer Services, including the results of any procurement, screening, or assessment, to discriminate against candidates or current employees in violation of any federal, state or local employment or other applicable laws or regulations.
6. Representations and Warranties. Each of Employer and Snagajob represents and warrants to the other party that (i) it is a corporation or other entity duly organized and validly existing in good standing under the laws of the state of its incorporation or organization, and it has the corporate or other power to own its property and to carry on its business as now being conducted, (ii) it has full power and authority to enter into this Agreement and to perform its obligations hereunder and thereunder, all of which have been duly authorized by all required corporate or other action by it, (iii) no consent or approval of, notice to or filing with any governmental authority or third party is required as a condition to the validity or enforceability of this Agreement as to it, (iv) the Agreement constitutes the valid and legally binding agreement of it enforceable in accordance with its terms, (v) there are no proceedings pending or threatened before any court or governmental or administrative agency that would reasonably be expected to affect the validity or enforceability of the Agreement as to it, and (vi) it is not a party to or otherwise bound by any contract or agreement which in any manner would prohibit it from entering into this Agreement or performing its obligations hereunder.
7. Additional Disclaimers of Warranties.
7.2 Snagajob makes no representation or warranty with respect to any Job Seeker, including, but not limited to, the veracity or completeness of their profile or application materials, their fitness for any employment, or their performance of services for an Employer upon being hired. Snagajob is not the provider of the Third-Party Offerings and makes no representations or warranties with respect to such Third-Party Offerings.
8. Ownership of Property. As between Employer and Snagajob, any Employer Materials are and will remain the property of Employer. Employer grants to Snagajob an irrevocable, royalty-free, nonexclusive license to use, copy, display and distribute Employer Materials to the extent necessary to provide the Services and to administer, maintain or improve the Employer Services, and to use the Employer Materials, after anonymizing all Employer and personally identifiable information, for research and development purposes.
9. Snagajob Indemnification.
9.2 If any third-party claim is made against Employer for which Snagajob may be required to provide indemnification under Section 9.1 above, (i) Employer will promptly notify Snagajob in writing of such claim, in no event later than 10 days prior to the date on which a response to the claim is required, (ii) Snagajob will have full authority, at its option, to defend such claim and Employer will provide reasonable assistance in such defense, and (iii) Snagajob will have full authority, at its option, to control the defense of such claim at its expense and all negotiations for the compromise and settlement of such claim.
9.3 If Snagajob determines that any third-party claim that the Snagajob Properties infringe or otherwise violate any U.S. registered patent, copyright, trademark or service mark of a third party is valid, Snagajob will have the right, at its expense (i) to obtain for Employer the right to continue using the Snagajob Properties, under the Agreement, (ii) to modify the Snagajob Properties, as applicable, provided hereunder so that they are no longer infringing with no materially adverse effect on their functionality, or (iii) to terminate the Sales Order(s) with respect to the infringing Snagajob Properties and refund to Employer any related prepaid fees for the remainder of the current initial or renewal term.
9.4 The agreements contained in this Section 9 constitute the exclusive liability and responsibility of Snagajob for, and the exclusive remedy of Employer regarding, any claim that the Snagajob Properties infringe or otherwise violate any patent, copyright, trademark or service mark of a third party.
10. Employer Indemnification. Employer agrees to indemnify, defend and hold Snagajob and its licensors harmless from and against any damages, costs and expenses (including reasonable attorneys’ fees) incurred by Snagajob as a result of or in connection with any third-party claim that (i) any of the Customer Materials infringes or otherwise violates any patent, copyright, trademark, service mark, trade secret or other intellectual property right of a third party, and/or (ii) Employer’s employment application, including but not limited to any questions regarding criminal convictions, or any procurement, screening, testing, assessment, hiring or firing policies or practices, or improper use of Snagajob Properties, violates any applicable employment, data protection, privacy or other law or regulation.
11. Limitation of Liability.
SNAGAJOB AND ITS AFFILIATES ARE NOT LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) ANY PROPERTY DAMAGE OR LOSS, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. EXCEPT FOR CLAIMS FOR INDEMNIFICATION UNDER SECTIONS 9 AND 10 ABOVE AND CUSTOMER’S PAYMENT OBLIGATIONS. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER FOR MORE THAN THE AMOUNTS PAID OR PAYABLE BY EMPLOYER TO SNAGAJOB DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE GIVING RISE TO LIABILITY.
12. Confidentiality.
12.2 If a Receiving Party is required by legal, judicial or administrative process or applicable laws (including federal securities laws) to disclose Confidential Information of the other party, the party required to disclose such information will give the other party notice of the required disclosure and cooperate, at the expense of the other party, in seeking to quash or limit the disclosure.
12.3 All material containing Confidential Information of the other party will at the request of the other party be returned or destroyed upon termination of the Agreement, excluding materials that a Receiving Party is required to retain by applicable law or internal retention policies, or that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system.
12.4 Any breach of the restrictions on use of Confidential Information hereunder will cause irreparable injury and the party disclosing such Confirmation Information has, without limitation, the right to seek injunctive relief, without bond and without prejudice to any other rights and remedies that may be available at law or equity for a breach or threatened breach of such restrictions.
12.5 "Confidential Information" means proprietary or trade secret information which, if disclosed in tangible or electronic form bears a confidentiality legend and if disclosed orally is identified as confidential at the time of disclosure or is information of a type that a reasonable person would understand is confidential or proprietary.
13. Miscellaneous.
13.2 Snagajob and Employer agree that Employer may only amend a Sales Order by an email in the form provided by Snagajob, or through the Snagajob online portal, as available, and only to make the following changes: (i) reallocate the budgeted amount between Performance Products; (ii) increase the quantity of the Services at the same rate as the rate in the Sales Order, with a corresponding increase in total price; (iii) change the cost per click rate ("CPC"); (iv) change the budget for Performance Products; or (v) extend the campaign end date for Performance Products. Employer and Snagajob agree that all such amendments sent by email or through the Snagajob online portal will be subject to all the terms and conditions of the Agreement. Employer may add additional locations through Snagajob's "PeopleMatter" Employer Services and agrees to pay for such additional locations at the rate indicated in the Sales Order.
13.3 Employer grants to Snagajob a limited, non-exclusive, nontransferable, royalty free right and license during the Term to use Employer’s tradename and logo (collectively, the "Employer Marks") on its website or customer list to identify Employer as a client of Snagajob and in a mutually approved press release to announce that Employer is a client of Snagajob. Snagajob will comply with Employer’s trademark usage guidelines in using Employer’s Marks. Snagajob will not use Employer Marks in a manner that dilutes, tarnishes, or blurs the value of the Employer Marks. Any goodwill accrued as a result of Snagajob’s use of the Employer Marks inures solely for the benefit of Employer.
13.4 All communications, notices and disclosures required or permitted by this Agreement will be made by email and will be deemed to have been given upon dispatch of the email containing such notice (i) to Employer, at the email address set out in the most recent Sales Order or subsequent written instruction given by Employer to Snagajob and (ii) to Snagajob at [email protected].
13.5 Neither party may assign any Sales Order, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld, provided that Snagajob may assign its rights and obligations under this Agreement, in whole or in part, without the Employer’s consent, as follows: (i) to any Snagajob affiliate; or (ii) in connection with the sale of a business segment, or product line or other divestment or sale or disposition of assets or any merger, stock purchase, or other acquisition involving Snagajob to a successor entity or transferee of all or substantially all of Snagajob’s material assets. Any attempted assignment by a party not in accordance herewith will be null and void and of no force or effect.
13.6 ALL DISPUTES RELATED TO THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION AND SHALL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
13.7 Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
13.8 If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
13.9 The Agreement constitutes the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
END OF EMPLOYER TERMS
Effective July 27, 2021 to August 6, 2021
DownloadTable of Contents
Snagajob Employer Terms
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated Date: July 27, 2021
Please read this Snagajob Employer Terms (the "Employer Terms") to the Snagajob General Terms of Use carefully.
These Employer Terms apply to all Employers who access and use the Website or the Services to post or submit job advertisements for review by individuals seeking employment ("Job Seekers") or otherwise access any Services designed for Employers. These Employer Terms do not apply to the posting of solicitations for “Shift Services” (which Services are governed by the Shifts Terms). These Employer Terms also govern any Sales Order (as defined below) entered into between you, the Employer, and Snagajob.
THESE EMPLOYER TERMS, AS INCORPORATED INTO THE GENERAL TERMS OF USE, AND COMBINED WITH ANY AND ALL SALES ORDERS, INCLUDING ONLINE ORDERS AND OTHER DOCUMENTS THAT INCORPORATE THESE EMPLOYER TERMS, ENTERED INTO BY SNAGAJOB AND YOU, THE EMPLOYER, (“SALES ORDERS”) SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AS AN EMPLOYER OR RELATED TO EMPLOYER SERVICES (COLLECTIVELY, THE “AGREEMENT”). THESE EMPLOYER TERMS REPLACE THE EMPLOYER TERMS OF USE AS OF THE EFFECTIVE DATE SET FORTH ABOVE AND ALL REFERENCES TO THE EMPLOYER TERMS OF USE SHALL BE DEEMED TO BE REFERENCES TO THESE EMPLOYER TERMS. THESE EMPLOYER TERMS SHALL NOT APPLY TO A SALES ORDER IF THE EMPLOYER AND SNAGAJOB HAVE MUTUALLY EXECUTED A MASTER SERVICE AGREEMENT OR SIMILAR DOCUMENT THAT DOES NOT INCORPORATE THESE EMPLOYER TERMS OR THE EMPLOYER TERMS OF USE (AN “MSA”) AND ANY PROVISION OF THE TERMS THAT IS INCONSISTENT WITH THE MSA WILL BE OF NO FORCE OR EFFECT.
These Employer Terms are hereby incorporated into the General Terms of Use. To the extent that there is any conflict between these Employer Terms and the General Terms of Use, the provision(s) in the Employer Terms will prevail, but solely to the extent such conflict exists. To the extent that there is any conflict between the Employer Terms and a Sales Order, the provision(s) in the Sales Order will prevail, but solely to the extent such conflict exists. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Terms of Use. We may at our sole discretion modify the Employer Terms on a going-forward basis. We will post notice of the date of the most recent update by revising the header at the top of this document.
EVERY TIME EMPLOYER USES THE EMPLOYER SERVICES, EMPLOYER ACKNOWLEDGES AND AGREES TO THE EMPLOYER TERMS AND THE GENERAL TERMS OF USE.
1. Employer Services.
1.2 Employer and Snagajob agree that Snagajob will provide or make available to Employer, and Employer will purchase and pay for, the Employer Services described in each Sales Order for the service period(s) specified in, or to the extent otherwise provided in, such Sales Order (the "Service Periods").
1.3 Snagajob may make available third-party products and/or services for integration with the Services, pursuant to a Sales Order (collectively, “Third-Party Offerings”). Employer agrees that Snagajob is not responsible for, and does not provide or control, those Third-Party Offerings. Snagajob encourages Employer to read the legal notices and privacy policies of each and every provider of such Third-Party Offering. Employer’s use of a Third-Party Offering will be subject to the terms of use, privacy policy, and any other applicable terms and conditions, required by the provider of such Third-Party Offering. Snagajob makes available Third-Party Offerings only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Offerings, and Employer accesses and/or uses all such Third-Party Offerings at its own risk.
1.4 Snagajob reserves the right to make modifications to the Employer Services during the Service Period of the applicable Sales Order, provided that such modifications do not have a material adverse effect on the functionality of the Employer Services.
2. Payments.
2.3 Snagajob will have the right to modify the prices and rates it charges for the Employer Services in connection with the auto-renewing of Sales Orders by providing not less than 90 days prior written notice to Employer. Such modified prices and rates will become effective at the beginning of the next Service Period for the applicable Employer Services.
3. Term and Termination of Sales Orders.
3.2 Snagajob may terminate a Sales Order with respect to one or more Employer Services prior to the applicable scheduled termination date(s) if: (i) Employer breaches any provision of the Agreement; (ii) Employer ceases its business activities, makes a general assignment for the benefit of creditors or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding; or (iii) Snagajob gives 30 days written notice of termination to Employer.
3.3. Upon the expiration or earlier termination of a Sales Order with respect to one or more Employer Services, (i) the licenses granted to Employer under the Agreement will automatically and immediately terminate, and Employer will no longer have any right to access or use the Website and the App (the “Snagajob Properties”) in connection with the applicable Employer Service(s); provided that, access to the E-Verify Services will be provided until notice of the cancellation or termination of the E-Verify account has been received from the U.S. government, (ii) Snagajob will no longer have any obligation to provide the applicable Employer Service(s) (or any related Services), and (iii) Employer will pay to Snagajob all fees and other amounts due with respect to Employer Services provided on or before the expiration or termination date, and, Employer, unless a sales order is terminated pursuant to section 3.1 or 3.2(iii), will pay to Snagajob all fees and other amounts payable for Employer Services under the applicable Sales Order for the remainder of the current initial or renewal term.
3.4 Unless a Sales Order has been terminated based on Employer’s failure to pay fees or other amounts due to Snagajob under the Sales Order, Snagajob will, upon Employer’s written request within 30 days following termination, provide to Employer an electronic copy of any Employer job postings s provided by Employer to Snagajob in connection with the Employer Services and employee data that are then available in Snagajob’s systems ("Employer Materials"), in a standard data format that is reasonably accessible by Employer. If Employer requests Snagajob to provide an electronic copy of Employer Materials, Employer agrees to pay Snagajob’s then-standard rates for such service. After 30 days following termination or expiration, Snagajob will have no obligation to maintain or provide any Employer Materials and may thereafter, unless legally prohibited, delete all Employer Materials in its system or otherwise in its possession or under its control.
4. Snagajob Obligations. Snagajob will:
5. Employer obligations.
5.2 Employer will not use the Employer Services, including the results of any procurement, screening, or assessment, to discriminate against candidates or current employees in violation of any federal, state or local employment or other applicable laws or regulations.
6. Representations and Warranties. Each of Employer and Snagajob represents and warrants to the other party that (i) it is a corporation or other entity duly organized and validly existing in good standing under the laws of the state of its incorporation or organization, and it has the corporate or other power to own its property and to carry on its business as now being conducted, (ii) it has full power and authority to enter into this Agreement and to perform its obligations hereunder and thereunder, all of which have been duly authorized by all required corporate or other action by it, (iii) no consent or approval of, notice to or filing with any governmental authority or third party is required as a condition to the validity or enforceability of this Agreement as to it, (iv) the Agreement constitutes the valid and legally binding agreement of it enforceable in accordance with its terms, (v) there are no proceedings pending or threatened before any court or governmental or administrative agency that would reasonably be expected to affect the validity or enforceability of the Agreement as to it, and (vi) it is not a party to or otherwise bound by any contract or agreement which in any manner would prohibit it from entering into this Agreement or performing its obligations hereunder.
7. Additional Disclaimers of Warranties.
7.2 Snagajob makes no representation or warranty with respect to any Job Seeker, including, but not limited to, the veracity or completeness of their profile or application materials, their fitness for any employment, or their performance of services for an Employer upon being hired. Snagajob is not the provider of the Third-Party Offerings and makes no representations or warranties with respect to such Third-Party Offerings.
8. Ownership of Property. As between Employer and Snagajob, any Employer Materials are and will remain the property of Employer. Employer grants to Snagajob an irrevocable, royalty-free, nonexclusive license to use, copy, display and distribute Employer Materials to the extent necessary to provide the Services and to administer, maintain or improve the Employer Services, and to use the Employer Materials, after anonymizing all Employer and personally identifiable information, for research and development purposes.
9. Snagajob Indemnification.
9.2 If any third-party claim is made against Employer for which Snagajob may be required to provide indemnification under Section 9.1 above, (i) Employer will promptly notify Snagajob in writing of such claim, in no event later than 10 days prior to the date on which a response to the claim is required, (ii) Snagajob will have full authority, at its option, to defend such claim and Employer will provide reasonable assistance in such defense, and (iii) Snagajob will have full authority, at its option, to control the defense of such claim at its expense and all negotiations for the compromise and settlement of such claim.
9.3 If Snagajob determines that any third-party claim that the Snagajob Properties infringe or otherwise violate any U.S. registered patent, copyright, trademark or service mark of a third party is valid, Snagajob will have the right, at its expense (i) to obtain for Employer the right to continue using the Snagajob Properties, under the Agreement, (ii) to modify the Snagajob Properties, as applicable, provided hereunder so that they are no longer infringing with no materially adverse effect on their functionality, or (iii) to terminate the Sales Order(s) with respect to the infringing Snagajob Properties and refund to Employer any related prepaid fees for the remainder of the current initial or renewal term.
9.4 The agreements contained in this Section 9 constitute the exclusive liability and responsibility of Snagajob for, and the exclusive remedy of Employer regarding, any claim that the Snagajob Properties infringe or otherwise violate any patent, copyright, trademark or service mark of a third party.
10. Employer Indemnification. Employer agrees to indemnify, defend and hold Snagajob and its licensors harmless from and against any damages, costs and expenses (including reasonable attorneys’ fees) incurred by Snagajob as a result of or in connection with any third-party claim that (i) any of the Customer Materials infringes or otherwise violates any patent, copyright, trademark, service mark, trade secret or other intellectual property right of a third party, and/or (ii) Employer’s employment application, including but not limited to any questions regarding criminal convictions, or any procurement, screening, testing, assessment, hiring or firing policies or practices, or improper use of Snagajob Properties, violates any applicable employment, data protection, privacy or other law or regulation.
11. Limitation of Liability.
SNAGAJOB AND ITS AFFILIATES ARE NOT LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) ANY PROPERTY DAMAGE OR LOSS, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. EXCEPT FOR CLAIMS FOR INDEMNIFICATION UNDER SECTIONS 9 AND 10 ABOVE AND CUSTOMER’S PAYMENT OBLIGATIONS. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER FOR MORE THAN THE AMOUNTS PAID OR PAYABLE BY EMPLOYER TO SNAGAJOB DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE GIVING RISE TO LIABILITY.
12. Confidentiality.
12.2 If a Receiving Party is required by legal, judicial or administrative process or applicable laws (including federal securities laws) to disclose Confidential Information of the other party, the party required to disclose such information will give the other party notice of the required disclosure and cooperate, at the expense of the other party, in seeking to quash or limit the disclosure.
12.3 All material containing Confidential Information of the other party will at the request of the other party be returned or destroyed upon termination of the Agreement, excluding materials that a Receiving Party is required to retain by applicable law or internal retention policies, or that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system.
12.4 Any breach of the restrictions on use of Confidential Information hereunder will cause irreparable injury and the party disclosing such Confirmation Information has, without limitation, the right to seek injunctive relief, without bond and without prejudice to any other rights and remedies that may be available at law or equity for a breach or threatened breach of such restrictions.
12.5 "Confidential Information" means proprietary or trade secret information which, if disclosed in tangible or electronic form bears a confidentiality legend and if disclosed orally is identified as confidential at the time of disclosure or is information of a type that a reasonable person would understand is confidential or proprietary.
13. Miscellaneous.
13.2 Snagajob and Employer agree that Employer may only amend a Sales Order by an email in the form provided by Snagajob, or through the Snagajob online portal, as available, and only to make the following changes: (i) reallocate the budgeted amount between Performance Products; (ii) increase the quantity of the Services at the same rate as the rate in the Sales Order, with a corresponding increase in total price; (iii) change the cost per click rate ("CPC"); (iv) change the budget for Performance Products; or (v) extend the campaign end date for Performance Products. Employer and Snagajob agree that all such amendments sent by email or through the Snagajob online portal will be subject to all the terms and conditions of the Agreement. Employer may add additional locations through Snagajob's "PeopleMatter" Employer Services and agrees to pay for such additional locations at the rate indicated in the Sales Order.
13.3 Employer grants to Snagajob a limited, non-exclusive, nontransferable, royalty free right and license during the Term to use Employer’s tradename and logo (collectively, the "Employer Marks") on its website or customer list to identify Employer as a client of Snagajob and in a mutually approved press release to announce that Employer is a client of Snagajob. Snagajob will comply with Employer’s trademark usage guidelines in using Employer’s Marks. Snagajob will not use Employer Marks in a manner that dilutes, tarnishes, or blurs the value of the Employer Marks. Any goodwill accrued as a result of Snagajob’s use of the Employer Marks inures solely for the benefit of Employer.
13.4 All communications, notices and disclosures required or permitted by this Agreement will be made by email and will be deemed to have been given upon dispatch of the email containing such notice (i) to Employer, at the email address set out in the most recent Sales Order or subsequent written instruction given by Employer to Snagajob and (ii) to Snagajob at [email protected].
13.5 Neither party may assign any Sales Order, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld, provided that Snagajob may assign its rights and obligations under this Agreement, in whole or in part, without the Employer’s consent, as follows: (i) to any Snagajob affiliate; or (ii) in connection with the sale of a business segment, or product line or other divestment or sale or disposition of assets or any merger, stock purchase, or other acquisition involving Snagajob to a successor entity or transferee of all or substantially all of Snagajob’s material assets. Any attempted assignment by a party not in accordance herewith will be null and void and of no force or effect.
13.6 ALL DISPUTES RELATED TO THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION AND SHALL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
13.7 Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
13.8 If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
13.9 The Agreement constitutes the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
END OF EMPLOYER TERMS
Effective July 23, 2021 to July 27, 2021
DownloadTable of Contents
Snagajob Employer Terms
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated Date: July 23, 2021
Please read this Snagajob Employer Terms (the "Employer Terms") to the Snagajob General Terms of Use carefully.
These Employer Terms apply to all Employers who access and use the Website or the Services to post or submit job advertisements for review by individuals seeking employment ("Job Seekers") or otherwise access any Services designed for Employers. These Employer Terms do not apply to the posting of solicitations for “Shift Services” (which Services are governed by the Shifts Terms). These Employer Terms also govern any Sales Order (as defined below) entered into between you, the Employer, and Snagajob.
THESE EMPLOYER TERMS, AS INCORPORATED INTO THE GENERAL TERMS OF USE, AND COMBINED WITH ANY AND ALL SALES ORDERS, INCLUDING ONLINE ORDERS, ENTERED INTO BY SNAGAJOB AND YOU, THE EMPLOYER, (“SALES ORDERS”) SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AS AN EMPLOYER OR RELATED TO EMPLOYER SERVICES (COLLECTIVELY, THE “AGREEMENT”). THESE EMPLOYER TERMS REPLACE THE EMPLOYER TERMS OF USE AS OF THE EFFECTIVE DATE SET FORTH ABOVE AND ALL REFERENCES TO THE EMPLOYER TERMS OF USE SHALL BE DEEMED TO BE REFERENCES TO THESE EMPLOYER TERMS. THESE EMPLOYER TERMS SHALL NOT APPLY TO A SALES ORDER IF THE EMPLOYER AND SNAGAJOB HAVE MUTUALLY EXECUTED A MASTER SERVICE AGREEMENT OR SIMILAR DOCUMENT THAT DOES NOT INCORPORATE THESE EMPLOYER TERMS OR THE EMPLOYER TERMS OF USE (AN “MSA”) AND ANY PROVISION OF THE TERMS THAT IS INCONSISTENT WITH THE MSA WILL BE OF NO FORCE OR EFFECT.
These Employer Terms are hereby incorporated into the General Terms of Use. To the extent that there is any conflict between these Employer Terms and the General Terms of Use, the provision(s) in the Employer Terms will prevail, but solely to the extent such conflict exists. To the extent that there is any conflict between the Employer Terms and a Sales Order, the provision(s) in the Sales Order will prevail, but solely to the extent such conflict exists. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Terms of Use. We may at our sole discretion modify the Employer Terms on a going-forward basis. We will post notice of the date of the most recent update by revising the header at the top of this document.
EVERY TIME EMPLOYER USES THE EMPLOYER SERVICES, EMPLOYER ACKNOWLEDGES AND AGREES TO THE EMPLOYER TERMS AND THE GENERAL TERMS OF USE.
1. Employer Services.
1.2 Employer and Snagajob agree that Snagajob will provide or make available to Employer, and Employer will purchase and pay for, the Employer Services described in each Sales Order for the service period(s) specified in, or to the extent otherwise provided in, such Sales Order (the "Service Periods").
1.3 Snagajob may make available third-party products and/or services for integration with the Services, pursuant to a Sales Order (collectively, “Third-Party Offerings”). Employer agrees that Snagajob is not responsible for, and does not provide or control, those Third-Party Offerings. Snagajob encourages Employer to read the legal notices and privacy policies of each and every provider of such Third-Party Offering. Employer’s use of a Third-Party Offering will be subject to the terms of use, privacy policy, and any other applicable terms and conditions, required by the provider of such Third-Party Offering. Snagajob makes available Third-Party Offerings only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Offerings, and Employer accesses and/or uses all such Third-Party Offerings at its own risk.
1.4 Snagajob reserves the right to make modifications to the Employer Services during the Service Period of the applicable Sales Order, provided that such modifications do not have a material adverse effect on the functionality of the Employer Services.
2. Payments.
2.3 Snagajob will have the right to modify the prices and rates it charges for the Employer Services in connection with the auto-renewing of Sales Orders by providing not less than 90 days prior written notice to Employer. Such modified prices and rates will become effective at the beginning of the next Service Period for the applicable Employer Services.
3. Term and Termination of Sales Orders.
3.2 Snagajob may terminate a Sales Order with respect to one or more Employer Services prior to the applicable scheduled termination date(s) if: (i) Employer breaches any provision of the Agreement; (ii) Employer ceases its business activities, makes a general assignment for the benefit of creditors or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding; or (iii) Snagajob gives 30 days written notice of termination to Employer.
3.3. Upon the expiration or earlier termination of a Sales Order with respect to one or more Employer Services, (i) the licenses granted to Employer under the Agreement will automatically and immediately terminate, and Employer will no longer have any right to access or use the Website and the App (the “Snagajob Properties”) in connection with the applicable Employer Service(s); provided that, access to the E-Verify Services will be provided until notice of the cancellation or termination of the E-Verify account has been received from the U.S. government, (ii) Snagajob will no longer have any obligation to provide the applicable Employer Service(s) (or any related Services), and (iii) Employer will pay to Snagajob all fees and other amounts due with respect to Employer Services provided on or before the expiration or termination date, and, Employer, unless a sales order is terminated pursuant to section 3.1 or 3.2(iii), will pay to Snagajob all fees and other amounts payable for Employer Services under the applicable Sales Order for the remainder of the current initial or renewal term.
3.4 Unless a Sales Order has been terminated based on Employer’s failure to pay fees or other amounts due to Snagajob under the Sales Order, Snagajob will, upon Employer’s written request within 30 days following termination, provide to Employer an electronic copy of any Employer job postings s provided by Employer to Snagajob in connection with the Employer Services and employee data that are then available in Snagajob’s systems ("Employer Materials"), in a standard data format that is reasonably accessible by Employer. If Employer requests Snagajob to provide an electronic copy of Employer Materials, Employer agrees to pay Snagajob’s then-standard rates for such service. After 30 days following termination or expiration, Snagajob will have no obligation to maintain or provide any Employer Materials and may thereafter, unless legally prohibited, delete all Employer Materials in its system or otherwise in its possession or under its control.
4. Snagajob Obligations. Snagajob will:
5. Employer obligations.
5.2 Employer will not use the Employer Services, including the results of any procurement, screening, or assessment, to discriminate against candidates or current employees in violation of any federal, state or local employment or other applicable laws or regulations.
6. Representations and Warranties. Each of Employer and Snagajob represents and warrants to the other party that (i) it is a corporation or other entity duly organized and validly existing in good standing under the laws of the state of its incorporation or organization, and it has the corporate or other power to own its property and to carry on its business as now being conducted, (ii) it has full power and authority to enter into this Agreement and to perform its obligations hereunder and thereunder, all of which have been duly authorized by all required corporate or other action by it, (iii) no consent or approval of, notice to or filing with any governmental authority or third party is required as a condition to the validity or enforceability of this Agreement as to it, (iv) the Agreement constitutes the valid and legally binding agreement of it enforceable in accordance with its terms, (v) there are no proceedings pending or threatened before any court or governmental or administrative agency that would reasonably be expected to affect the validity or enforceability of the Agreement as to it, and (vi) it is not a party to or otherwise bound by any contract or agreement which in any manner would prohibit it from entering into this Agreement or performing its obligations hereunder.
7. Additional Disclaimers of Warranties.
7.2 Snagajob makes no representation or warranty with respect to any Job Seeker, including, but not limited to, the veracity or completeness of their profile or application materials, their fitness for any employment, or their performance of services for an Employer upon being hired. Snagajob is not the provider of the Third-Party Offerings and makes no representations or warranties with respect to such Third-Party Offerings.
8. Ownership of Property. As between Employer and Snagajob, any Employer Materials are and will remain the property of Employer. Employer grants to Snagajob an irrevocable, royalty-free, nonexclusive license to use, copy, display and distribute Employer Materials to the extent necessary to provide the Services and to administer, maintain or improve the Employer Services, and to use the Employer Materials, after anonymizing all Employer and personally identifiable information, for research and development purposes.
9. Snagajob Indemnification.
9.2 If any third-party claim is made against Employer for which Snagajob may be required to provide indemnification under Section 9.1 above, (i) Employer will promptly notify Snagajob in writing of such claim, in no event later than 10 days prior to the date on which a response to the claim is required, (ii) Snagajob will have full authority, at its option, to defend such claim and Employer will provide reasonable assistance in such defense, and (iii) Snagajob will have full authority, at its option, to control the defense of such claim at its expense and all negotiations for the compromise and settlement of such claim.
9.3 If Snagajob determines that any third-party claim that the Snagajob Properties infringe or otherwise violate any U.S. registered patent, copyright, trademark or service mark of a third party is valid, Snagajob will have the right, at its expense (i) to obtain for Employer the right to continue using the Snagajob Properties, under the Agreement, (ii) to modify the Snagajob Properties, as applicable, provided hereunder so that they are no longer infringing with no materially adverse effect on their functionality, or (iii) to terminate the Sales Order(s) with respect to the infringing Snagajob Properties and refund to Employer any related prepaid fees for the remainder of the current initial or renewal term.
9.4 The agreements contained in this Section 9 constitute the exclusive liability and responsibility of Snagajob for, and the exclusive remedy of Employer regarding, any claim that the Snagajob Properties infringe or otherwise violate any patent, copyright, trademark or service mark of a third party.
10. Employer Indemnification. Employer agrees to indemnify, defend and hold Snagajob and its licensors harmless from and against any damages, costs and expenses (including reasonable attorneys’ fees) incurred by Snagajob as a result of or in connection with any third-party claim that (i) any of the Customer Materials infringes or otherwise violates any patent, copyright, trademark, service mark, trade secret or other intellectual property right of a third party, and/or (ii) Employer’s employment application, including but not limited to any questions regarding criminal convictions, or any procurement, screening, testing, assessment, hiring or firing policies or practices, or improper use of Snagajob Properties, violates any applicable employment, data protection, privacy or other law or regulation.
11. Limitation of Liability.
SNAGAJOB AND ITS AFFILIATES ARE NOT LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) ANY PROPERTY DAMAGE OR LOSS, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. EXCEPT FOR CLAIMS FOR INDEMNIFICATION UNDER SECTIONS 9 AND 10 ABOVE AND CUSTOMER’S PAYMENT OBLIGATIONS. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER FOR MORE THAN THE AMOUNTS PAID OR PAYABLE BY EMPLOYER TO SNAGAJOB DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE GIVING RISE TO LIABILITY.
12. Confidentiality.
12.2 If a Receiving Party is required by legal, judicial or administrative process or applicable laws (including federal securities laws) to disclose Confidential Information of the other party, the party required to disclose such information will give the other party notice of the required disclosure and cooperate, at the expense of the other party, in seeking to quash or limit the disclosure.
12.3 All material containing Confidential Information of the other party will at the request of the other party be returned or destroyed upon termination of the Agreement, excluding materials that a Receiving Party is required to retain by applicable law or internal retention policies, or that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system.
12.4 Any breach of the restrictions on use of Confidential Information hereunder will cause irreparable injury and the party disclosing such Confirmation Information has, without limitation, the right to seek injunctive relief, without bond and without prejudice to any other rights and remedies that may be available at law or equity for a breach or threatened breach of such restrictions.
12.5 "Confidential Information" means proprietary or trade secret information which, if disclosed in tangible or electronic form bears a confidentiality legend and if disclosed orally is identified as confidential at the time of disclosure or is information of a type that a reasonable person would understand is confidential or proprietary.
13. Miscellaneous.
13.2 Snagajob and Employer agree that Employer may only amend a Sales Order by an email in the form provided by Snagajob, or through the Snagajob online portal, as available, and only to make the following changes: (i) reallocate the budgeted amount between Performance Products; (ii) increase the quantity of the Services at the same rate as the rate in the Sales Order, with a corresponding increase in total price; (iii) change the cost per click rate ("CPC"); (iv) change the budget for Performance Products; or (v) extend the campaign end date for Performance Products. Employer and Snagajob agree that all such amendments sent by email or through the Snagajob online portal will be subject to all the terms and conditions of the Agreement. Employer may add additional locations through Snagajob's "PeopleMatter" Employer Services and agrees to pay for such additional locations at the rate indicated in the Sales Order.
13.3 Employer grants to Snagajob a limited, non-exclusive, nontransferable, royalty free right and license during the Term to use Employer’s tradename and logo (collectively, the "Employer Marks") on its website or customer list to identify Employer as a client of Snagajob and in a mutually approved press release to announce that Employer is a client of Snagajob. Snagajob will comply with Employer’s trademark usage guidelines in using Employer’s Marks. Snagajob will not use Employer Marks in a manner that dilutes, tarnishes, or blurs the value of the Employer Marks. Any goodwill accrued as a result of Snagajob’s use of the Employer Marks inures solely for the benefit of Employer.
13.4 All communications, notices and disclosures required or permitted by this Agreement will be made by email and will be deemed to have been given upon dispatch of the email containing such notice (i) to Employer, at the email address set out in the most recent Sales Order or subsequent written instruction given by Employer to Snagajob and (ii) to Snagajob at [email protected].
13.5 Neither party may assign any Sales Order, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld, provided that Snagajob may assign its rights and obligations under this Agreement, in whole or in part, without the Employer’s consent, as follows: (i) to any Snagajob affiliate; or (ii) in connection with the sale of a business segment, or product line or other divestment or sale or disposition of assets or any merger, stock purchase, or other acquisition involving Snagajob to a successor entity or transferee of all or substantially all of Snagajob’s material assets. Any attempted assignment by a party not in accordance herewith will be null and void and of no force or effect.
13.6 ALL DISPUTES RELATED TO THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION AND SHALL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
13.7 Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
13.8 If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
13.9 The Agreement constitutes the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
END OF EMPLOYER TERMS
Effective July 23, 2021 to July 23, 2021
DownloadTable of Contents
Snagajob Employer Terms
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated Date: July 23, 2021
Please read this Snagajob Employer Terms (the "Employer Terms") to the Snagajob General Terms of Use carefully.
These Employer Terms apply to all Employers who access and use the Website or the Services to post or submit job advertisements for review by individuals seeking employment ("Job Seekers") or otherwise access any Services designed for Employers. These Employer Terms do not apply to the posting of solicitations for “Shift Services” (which Services are governed by the Shifts Terms). These Employer Terms also govern any Sales Order (as defined below) entered into between you, the Employer, and Snagajob.
THESE EMPLOYER TERMS, AS INCORPORATED INTO THE GENERAL TERMS OF USE, AND COMBINED WITH ANY AND ALL SALES ORDERS, INCLUDING ONLINE ORDERS, ENTERED INTO BY SNAGAJOB AND YOU, THE EMPLOYER, (“SALES ORDERS”) SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AS AN EMPLOYER OR RELATED TO EMPLOYER SERVICES (COLLECTIVELY, THE “AGREEMENT”). THESE EMPLOYER TERMS REPLACE THE EMPLOYER TERMS OF USE AS OF THE EFFECTIVE DATE SET FORTH ABOVE AND ALL REFERENCES TO THE EMPLOYER TERMS OF USE SHALL BE DEEMED TO BE REFERENCES TO THESE EMPLOYER TERMS. THESE EMPLOYER TERMS SHALL NOT APPLY TO A SALES ORDER IF THE EMPLOYER AND SNAGAJOB HAVE MUTUALLY EXECUTED A MASTER SERVICE AGREEMENT OR SIMILAR DOCUMENT THAT DOES NOT INCORPORATE THESE EMPLOYER TERMS OR THE EMPLOYER TERMS OF USE (AN “MSA”) AND ANY PROVISION OF THE TERMS THAT IS INCONSISTENT WITH THE MSA WILL BE OF NO FORCE OR EFFECT.
These Employer Terms are hereby incorporated into the General Terms of Use. To the extent that there is any conflict between these Employer Terms and the General Terms of Use, the provision(s) in the Employer Terms will prevail, but solely to the extent such conflict exists. To the extent that there is any conflict between the Employer Terms and a Sales Order, the provision(s) in the Sales Order will prevail, but solely to the extent such conflict exists. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Terms of Use. We may at our sole discretion modify the Employer Terms on a going-forward basis. We will post notice of the date of the most recent update by revising the header at the top of this document.
EVERY TIME EMPLOYER USES THE EMPLOYER SERVICES, EMPLOYER ACKNOWLEDGES AND AGREES TO THE EMPLOYER TERMS AND THE GENERAL TERMS OF USE.
1. Employer Services.
1.2 Employer and Snagajob agree that Snagajob will provide or make available to Employer, and Employer will purchase and pay for, the Employer Services described in each Sales Order for the service period(s) specified in, or to the extent otherwise provided in, such Sales Order (the "Service Periods").
1.3 Snagajob may make available third-party products and/or services for integration with the Services, pursuant to a Sales Order (collectively, “Third-Party Offerings”). Employer agrees that Snagajob is not responsible for, and does not provide or control, those Third-Party Offerings. Snagajob encourages Employer to read the legal notices and privacy policies of each and every provider of such Third-Party Offering. Employer’s use of a Third-Party Offering will be subject to the terms of use, privacy policy, and any other applicable terms and conditions, required by the provider of such Third-Party Offering. Snagajob makes available Third-Party Offerings only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Offerings, and Employer accesses and/or uses all such Third-Party Offerings at its own risk.
1.4 Snagajob reserves the right to make modifications to the Employer Services during the Service Period of the applicable Sales Order, provided that such modifications do not have a material adverse effect on the functionality of the Employer Services.
2. Payments.
2.3 Snagajob will have the right to modify the prices and rates it charges for the Employer Services in connection with the auto-renewing of Sales Orders by providing not less than 90 days prior written notice to Employer. Such modified prices and rates will become effective at the beginning of the next Service Period for the applicable Employer Services.
3. Term and Termination of Sales Orders.
3.2 Snagajob may terminate a Sales Order with respect to one or more Employer Services prior to the applicable scheduled termination date(s) if: (i) Employer breaches any provision of the Agreement; (ii) Employer ceases its business activities, makes a general assignment for the benefit of creditors or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding; or (iii) Snagajob gives 30 days written notice of termination to Employer.
3.3. Upon the expiration or earlier termination of a Sales Order with respect to one or more Employer Services, (i) the licenses granted to Employer under the Agreement will automatically and immediately terminate, and Employer will no longer have any right to access or use the Website and the App (the “Snagajob Properties”) in connection with the applicable Employer Service(s); provided that, access to the E-Verify Services will be provided until notice of the cancellation or termination of the E-Verify account has been received from the U.S. government, (ii) Snagajob will no longer have any obligation to provide the applicable Employer Service(s) (or any related Services), and (iii) Employer will pay to Snagajob all fees and other amounts due with respect to Employer Services provided on or before the expiration or termination date, and, Employer, unless a sales order is terminated pursuant to section 3.1 or 3.2(iii), will pay to Snagajob all fees and other amounts payable for Employer Services under the applicable Sales Order for the remainder of the current initial or renewal term.
3.4 Unless a Sales Order has been terminated based on Employer’s failure to pay fees or other amounts due to Snagajob under the Sales Order, Snagajob will, upon Employer’s written request within 30 days following termination, provide to Employer an electronic copy of any Employer job postings s provided by Employer to Snagajob in connection with the Employer Services and employee data that are then available in Snagajob’s systems ("Employer Materials"), in a standard data format that is reasonably accessible by Employer. If Employer requests Snagajob to provide an electronic copy of Employer Materials, Employer agrees to pay Snagajob’s then-standard rates for such service. After 30 days following termination or expiration, Snagajob will have no obligation to maintain or provide any Employer Materials and may thereafter, unless legally prohibited, delete all Employer Materials in its system or otherwise in its possession or under its control.
4. Snagajob Obligations. Snagajob will:
5. Employer obligations.
5.2 Employer will not use the Employer Services, including the results of any procurement, screening, or assessment, to discriminate against candidates or current employees in violation of any federal, state or local employment or other applicable laws or regulations.
6. Representations and Warranties. Each of Employer and Snagajob represents and warrants to the other party that (i) it is a corporation or other entity duly organized and validly existing in good standing under the laws of the state of its incorporation or organization, and it has the corporate or other power to own its property and to carry on its business as now being conducted, (ii) it has full power and authority to enter into this Agreement and to perform its obligations hereunder and thereunder, all of which have been duly authorized by all required corporate or other action by it, (iii) no consent or approval of, notice to or filing with any governmental authority or third party is required as a condition to the validity or enforceability of this Agreement as to it, (iv) the Agreement constitutes the valid and legally binding agreement of it enforceable in accordance with its terms, (v) there are no proceedings pending or threatened before any court or governmental or administrative agency that would reasonably be expected to affect the validity or enforceability of the Agreement as to it, and (vi) it is not a party to or otherwise bound by any contract or agreement which in any manner would prohibit it from entering into this Agreement or performing its obligations hereunder.
7. Additional Disclaimers of Warranties.
7.2 Snagajob makes no representation or warranty with respect to any Job Seeker, including, but not limited to, the veracity or completeness of their profile or application materials, their fitness for any employment, or their performance of services for an Employer upon being hired. Snagajob is not the provider of the Third-Party Offerings and makes no representations or warranties with respect to such Third-Party Offerings.
8. Ownership of Property. As between Employer and Snagajob, any Employer Materials are and will remain the property of Employer. Employer grants to Snagajob an irrevocable, royalty-free, nonexclusive license to use, copy, display and distribute Employer Materials to the extent necessary to provide the Services and to administer, maintain or improve the Employer Services, and to use the Employer Materials, after anonymizing all Employer and personally identifiable information, for research and development purposes.
9. Snagajob Indemnification.
9.2 If any third-party claim is made against Employer for which Snagajob may be required to provide indemnification under Section 9.1 above, (i) Employer will promptly notify Snagajob in writing of such claim, in no event later than 10 days prior to the date on which a response to the claim is required, (ii) Snagajob will have full authority, at its option, to defend such claim and Employer will provide reasonable assistance in such defense, and (iii) Snagajob will have full authority, at its option, to control the defense of such claim at its expense and all negotiations for the compromise and settlement of such claim.
9.3 If Snagajob determines that any third-party claim that the Snagajob Properties infringe or otherwise violate any U.S. registered patent, copyright, trademark or service mark of a third party is valid, Snagajob will have the right, at its expense (i) to obtain for Employer the right to continue using the Snagajob Properties, under the Agreement, (ii) to modify the Snagajob Properties, as applicable, provided hereunder so that they are no longer infringing with no materially adverse effect on their functionality, or (iii) to terminate the Sales Order(s) with respect to the infringing Snagajob Properties and refund to Employer any related prepaid fees for the remainder of the current initial or renewal term.
9.4 The agreements contained in this Section 9 constitute the exclusive liability and responsibility of Snagajob for, and the exclusive remedy of Employer regarding, any claim that the Snagajob Properties infringe or otherwise violate any patent, copyright, trademark or service mark of a third party.
10. Employer Indemnification. Employer agrees to indemnify, defend and hold Snagajob and its licensors harmless from and against any damages, costs and expenses (including reasonable attorneys’ fees) incurred by Snagajob as a result of or in connection with any third-party claim that (i) any of the Customer Materials infringes or otherwise violates any patent, copyright, trademark, service mark, trade secret or other intellectual property right of a third party, and/or (ii) Employer’s employment application, including but not limited to any questions regarding criminal convictions, or any procurement, screening, testing, assessment, hiring or firing policies or practices, or improper use of Snagajob Properties, violates any applicable employment, data protection, privacy or other law or regulation.
11. Limitation of Liability.
SNAGAJOB AND ITS AFFILIATES ARE NOT LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) ANY PROPERTY DAMAGE OR LOSS, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. EXCEPT FOR CLAIMS FOR INDEMNIFICATION UNDER SECTIONS 9 AND 10 ABOVE AND CUSTOMER’S PAYMENT OBLIGATIONS. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER FOR MORE THAN THE AMOUNTS PAID OR PAYABLE BY EMPLOYER TO SNAGAJOB DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE GIVING RISE TO LIABILITY.
12. Confidentiality.
12.2 If a Receiving Party is required by legal, judicial or administrative process or applicable laws (including federal securities laws) to disclose Confidential Information of the other party, the party required to disclose such information will give the other party notice of the required disclosure and cooperate, at the expense of the other party, in seeking to quash or limit the disclosure.
12.3 All material containing Confidential Information of the other party will at the request of the other party be returned or destroyed upon termination of the Agreement, excluding materials that a Receiving Party is required to retain by applicable law or internal retention policies, or that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system.
12.4 Any breach of the restrictions on use of Confidential Information hereunder will cause irreparable injury and the party disclosing such Confirmation Information has, without limitation, the right to seek injunctive relief, without bond and without prejudice to any other rights and remedies that may be available at law or equity for a breach or threatened breach of such restrictions.
12.5 "Confidential Information" means proprietary or trade secret information which, if disclosed in tangible or electronic form bears a confidentiality legend and if disclosed orally is identified as confidential at the time of disclosure or is information of a type that a reasonable person would understand is confidential or proprietary.
13. Miscellaneous.
13.2 Snagajob and Employer agree that Employer may only amend a Sales Order by an email in the form provided by Snagajob, or through the Snagajob online portal, as available, and only to make the following changes: (i) reallocate the budgeted amount between Performance Products; (ii) increase the quantity of the Services at the same rate as the rate in the Sales Order, with a corresponding increase in total price; (iii) change the cost per click rate ("CPC"); (iv) change the budget for Performance Products; or (v) extend the campaign end date for Performance Products. Employer and Snagajob agree that all such amendments sent by email or through the Snagajob online portal will be subject to all the terms and conditions of the Agreement. Employer may add additional locations through Snagajob's "PeopleMatter" Employer Services and agrees to pay for such additional locations at the rate indicated in the Sales Order.
13.3 Employer grants to Snagajob a limited, non-exclusive, nontransferable, royalty free right and license during the Term to use Employer’s tradename and logo (collectively, the "Employer Marks") on its website or customer list to identify Employer as a client of Snagajob and in a mutually approved press release to announce that Employer is a client of Snagajob. Snagajob will comply with Employer’s trademark usage guidelines in using Employer’s Marks. Snagajob will not use Employer Marks in a manner that dilutes, tarnishes, or blurs the value of the Employer Marks. Any goodwill accrued as a result of Snagajob’s use of the Employer Marks inures solely for the benefit of Employer.
13.4 All communications, notices and disclosures required or permitted by this Agreement will be made by email and will be deemed to have been given upon dispatch of the email containing such notice (i) to Employer, at the email address set out in the most recent Sales Order or subsequent written instruction given by Employer to Snagajob and (ii) to Snagajob at [email protected].
13.5 Neither party may assign any Sales Order, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld, provided that Snagajob may assign its rights and obligations under this Agreement, in whole or in part, without the Employer’s consent, as follows: (i) to any Snagajob affiliate; or (ii) in connection with the sale of a business segment, or product line or other divestment or sale or disposition of assets or any merger, stock purchase, or other acquisition involving Snagajob to a successor entity or transferee of all or substantially all of Snagajob’s material assets. Any attempted assignment by a party not in accordance herewith will be null and void and of no force or effect.
13.6 ALL DISPUTES RELATED TO THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION AND SHALL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
13.7 Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
13.8 If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
13.9 The Agreement constitutes the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
END OF EMPLOYER TERMS
Effective July 23, 2021 to July 23, 2021
DownloadTable of Contents
Snagajob Employer Terms
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated Date: July 23, 2021
Please read this Snagajob Employer Terms (the "Employer Terms") to the Snagajob General Terms of Use carefully.
These Employer Terms apply to all Employers who access and use the Website or the Services to post or submit job advertisements for review by individuals seeking employment ("Job Seekers") or otherwise access any Services designed for Employers. These Employer Terms do not apply to the posting of solicitations for “Shift Services” (which Services are governed by the Shifts Terms). These Employer Terms also govern any Sales Order (as defined below) entered into between you, the Employer, and Snagajob.
THESE EMPLOYER TERMS, AS INCORPORATED INTO THE GENERAL TERMS OF USE, AND COMBINED WITH ANY AND ALL SALES ORDERS, INCLUDING ONLINE ORDERS, ENTERED INTO BY SNAGAJOB AND YOU, THE EMPLOYER, (“SALES ORDERS”) SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AS AN EMPLOYER OR RELATED TO EMPLOYER SERVICES (COLLECTIVELY, THE “AGREEMENT”). THESE EMPLOYER TERMS REPLACE THE EMPLOYER TERMS OF USE AS OF THE EFFECTIVE DATE SET FORTH ABOVE AND ALL REFERENCES TO THE EMPLOYER TERMS OF USE SHALL BE DEEMED TO BE REFERENCES TO THESE EMPLOYER TERMS. THESE EMPLOYER TERMS SHALL NOT APPLY TO A SALES ORDER IF THE EMPLOYER AND SNAGAJOB HAVE MUTUALLY EXECUTED A MASTER SERVICE AGREEMENT OR SIMILAR DOCUMENT THAT DOES NOT INCORPORATE THESE EMPLOYER TERMS OR THE EMPLOYER TERMS OF USE (AN “MSA”) AND ANY PROVISION OF THE TERMS THAT IS INCONSISTENT WITH THE MSA WILL BE OF NO FORCE OR EFFECT.
These Employer Terms are hereby incorporated into the General Terms of Use. To the extent that there is any conflict between these Employer Terms and the General Terms of Use, the provision(s) in the Employer Terms will prevail, but solely to the extent such conflict exists. To the extent that there is any conflict between the Employer Terms and a Sales Order, the provision(s) in the Sales Order will prevail, but solely to the extent such conflict exists. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Terms of Use. We may at our sole discretion modify the Employer Terms on a going-forward basis. We will post notice of the date of the most recent update by revising the header at the top of this document.
EVERY TIME EMPLOYER USES THE EMPLOYER SERVICES, EMPLOYER ACKNOWLEDGES AND AGREES TO THE EMPLOYER TERMS AND THE GENERAL TERMS OF USE.
1. Employer Services.
1.2 Employer and Snagajob agree that Snagajob will provide or make available to Employer, and Employer will purchase and pay for, the Employer Services described in each Sales Order for the service period(s) specified in, or to the extent otherwise provided in, such Sales Order (the "Service Periods").
1.3 Snagajob may make available third-party products and/or services for integration with the Services, pursuant to a Sales Order (collectively, “Third-Party Offerings”). Employer agrees that Snagajob is not responsible for, and does not provide or control, those Third-Party Offerings. Snagajob encourages Employer to read the legal notices and privacy policies of each and every provider of such Third-Party Offering. Employer’s use of a Third-Party Offering will be subject to the terms of use, privacy policy, and any other applicable terms and conditions, required by the provider of such Third-Party Offering. Snagajob makes available Third-Party Offerings only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Offerings, and Employer accesses and/or uses all such Third-Party Offerings at its own risk.
1.4 Snagajob reserves the right to make modifications to the Employer Services during the Service Period of the applicable Sales Order, provided that such modifications do not have a material adverse effect on the functionality of the Employer Services.
2. Payments.
2.3 Snagajob will have the right to modify the prices and rates it charges for the Employer Services in connection with the auto-renewing of Sales Orders by providing not less than 90 days prior written notice to Employer. Such modified prices and rates will become effective at the beginning of the next Service Period for the applicable Employer Services.
3. Term and Termination of Sales Orders.
3.2 Snagajob may terminate a Sales Order with respect to one or more Employer Services prior to the applicable scheduled termination date(s) if: (i) Employer breaches any provision of the Agreement; (ii) Employer ceases its business activities, makes a general assignment for the benefit of creditors or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding; or (iii) Snagajob gives 30 days written notice of termination to Employer.
3.3. Upon the expiration or earlier termination of a Sales Order with respect to one or more Employer Services, (i) the licenses granted to Employer under the Agreement will automatically and immediately terminate, and Employer will no longer have any right to access or use the Website and the App (the “Snagajob Properties”) in connection with the applicable Employer Service(s); provided that, access to the E-Verify Services will be provided until notice of the cancellation or termination of the E-Verify account has been received from the U.S. government, (ii) Snagajob will no longer have any obligation to provide the applicable Employer Service(s) (or any related Services), and (iii) Employer will pay to Snagajob all fees and other amounts due with respect to Employer Services provided on or before the expiration or termination date, and, Employer, unless a sales order is terminated pursuant to section 3.1 or 3.2(iii), will pay to Snagajob all fees and other amounts payable for Employer Services under the applicable Sales Order for the remainder of the current initial or renewal term.
3.4 Unless a Sales Order has been terminated based on Employer’s failure to pay fees or other amounts due to Snagajob under the Sales Order, Snagajob will, upon Employer’s written request within 30 days following termination, provide to Employer an electronic copy of any Employer job postings s provided by Employer to Snagajob in connection with the Employer Services and employee data that are then available in Snagajob’s systems ("Employer Materials"), in a standard data format that is reasonably accessible by Employer. If Employer requests Snagajob to provide an electronic copy of Employer Materials, Employer agrees to pay Snagajob’s then-standard rates for such service. After 30 days following termination or expiration, Snagajob will have no obligation to maintain or provide any Employer Materials and may thereafter, unless legally prohibited, delete all Employer Materials in its system or otherwise in its possession or under its control.
4. Snagajob Obligations. Snagajob will:
5. Employer obligations.
5.2 Employer will not use the Employer Services, including the results of any procurement, screening, or assessment, to discriminate against candidates or current employees in violation of any federal, state or local employment or other applicable laws or regulations.
6. Representations and Warranties. Each of Employer and Snagajob represents and warrants to the other party that (i) it is a corporation or other entity duly organized and validly existing in good standing under the laws of the state of its incorporation or organization, and it has the corporate or other power to own its property and to carry on its business as now being conducted, (ii) it has full power and authority to enter into this Agreement and to perform its obligations hereunder and thereunder, all of which have been duly authorized by all required corporate or other action by it, (iii) no consent or approval of, notice to or filing with any governmental authority or third party is required as a condition to the validity or enforceability of this Agreement as to it, (iv) the Agreement constitutes the valid and legally binding agreement of it enforceable in accordance with its terms, (v) there are no proceedings pending or threatened before any court or governmental or administrative agency that would reasonably be expected to affect the validity or enforceability of the Agreement as to it, and (vi) it is not a party to or otherwise bound by any contract or agreement which in any manner would prohibit it from entering into this Agreement or performing its obligations hereunder.
7. Additional Disclaimers of Warranties.
7.2 Snagajob makes no representation or warranty with respect to any Job Seeker, including, but not limited to, the veracity or completeness of their profile or application materials, their fitness for any employment, or their performance of services for an Employer upon being hired. Snagajob is not the provider of the Third-Party Offerings and makes no representations or warranties with respect to such Third-Party Offerings.
8. Ownership of Property. As between Employer and Snagajob, any Employer Materials are and will remain the property of Employer. Employer grants to Snagajob an irrevocable, royalty-free, nonexclusive license to use, copy, display and distribute Employer Materials to the extent necessary to provide the Services and to administer, maintain or improve the Employer Services, and to use the Employer Materials, after anonymizing all Employer and personally identifiable information, for research and development purposes.
9. Snagajob Indemnification.
9.2 If any third-party claim is made against Employer for which Snagajob may be required to provide indemnification under Section 9.1 above, (i) Employer will promptly notify Snagajob in writing of such claim, in no event later than 10 days prior to the date on which a response to the claim is required, (ii) Snagajob will have full authority, at its option, to defend such claim and Employer will provide reasonable assistance in such defense, and (iii) Snagajob will have full authority, at its option, to control the defense of such claim at its expense and all negotiations for the compromise and settlement of such claim.
9.3 If Snagajob determines that any third-party claim that the Snagajob Properties infringe or otherwise violate any U.S. registered patent, copyright, trademark or service mark of a third party is valid, Snagajob will have the right, at its expense (i) to obtain for Employer the right to continue using the Snagajob Properties, under the Agreement, (ii) to modify the Snagajob Properties, as applicable, provided hereunder so that they are no longer infringing with no materially adverse effect on their functionality, or (iii) to terminate the Sales Order(s) with respect to the infringing Snagajob Properties and refund to Employer any related prepaid fees for the remainder of the current initial or renewal term.
9.4 The agreements contained in this Section 9 constitute the exclusive liability and responsibility of Snagajob for, and the exclusive remedy of Employer regarding, any claim that the Snagajob Properties infringe or otherwise violate any patent, copyright, trademark or service mark of a third party.
10. Employer Indemnification. Employer agrees to indemnify, defend and hold Snagajob and its licensors harmless from and against any damages, costs and expenses (including reasonable attorneys’ fees) incurred by Snagajob as a result of or in connection with any third-party claim that (i) any of the Customer Materials infringes or otherwise violates any patent, copyright, trademark, service mark, trade secret or other intellectual property right of a third party, and/or (ii) Employer’s employment application, including but not limited to any questions regarding criminal convictions, or any procurement, screening, testing, assessment, hiring or firing policies or practices, or improper use of Snagajob Properties, violates any applicable employment, data protection, privacy or other law or regulation.
11. Limitation of Liability.
SNAGAJOB AND ITS AFFILIATES ARE NOT LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) ANY PROPERTY DAMAGE OR LOSS, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. EXCEPT FOR CLAIMS FOR INDEMNIFICATION UNDER SECTIONS 9 AND 10 ABOVE AND CUSTOMER’S PAYMENT OBLIGATIONS. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER FOR MORE THAN THE AMOUNTS PAID OR PAYABLE BY EMPLOYER TO SNAGAJOB DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE GIVING RISE TO LIABILITY.
12. Confidentiality.
12.2 If a Receiving Party is required by legal, judicial or administrative process or applicable laws (including federal securities laws) to disclose Confidential Information of the other party, the party required to disclose such information will give the other party notice of the required disclosure and cooperate, at the expense of the other party, in seeking to quash or limit the disclosure.
12.3 All material containing Confidential Information of the other party will at the request of the other party be returned or destroyed upon termination of the Agreement, excluding materials that a Receiving Party is required to retain by applicable law or internal retention policies, or that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system.
12.4 Any breach of the restrictions on use of Confidential Information hereunder will cause irreparable injury and the party disclosing such Confirmation Information has, without limitation, the right to seek injunctive relief, without bond and without prejudice to any other rights and remedies that may be available at law or equity for a breach or threatened breach of such restrictions.
12.5 "Confidential Information" means proprietary or trade secret information which, if disclosed in tangible or electronic form bears a confidentiality legend and if disclosed orally is identified as confidential at the time of disclosure or is information of a type that a reasonable person would understand is confidential or proprietary.
13. Miscellaneous.
13.2 Snagajob and Employer agree that Employer may only amend a Sales Order by an email in the form provided by Snagajob, or through the Snagajob online portal, as available, and only to make the following changes: (i) reallocate the budgeted amount between Performance Products; (ii) increase the quantity of the Services at the same rate as the rate in the Sales Order, with a corresponding increase in total price; (iii) change the cost per click rate ("CPC"); (iv) change the budget for Performance Products; or (v) extend the campaign end date for Performance Products. Employer and Snagajob agree that all such amendments sent by email or through the Snagajob online portal will be subject to all the terms and conditions of the Agreement. Employer may add additional locations through Snagajob's "PeopleMatter" Employer Services and agrees to pay for such additional locations at the rate indicated in the Sales Order.
13.3 Employer grants to Snagajob a limited, non-exclusive, nontransferable, royalty free right and license during the Term to use Employer’s tradename and logo (collectively, the "Employer Marks") on its website or customer list to identify Employer as a client of Snagajob and in a mutually approved press release to announce that Employer is a client of Snagajob. Snagajob will comply with Employer’s trademark usage guidelines in using Employer’s Marks. Snagajob will not use Employer Marks in a manner that dilutes, tarnishes, or blurs the value of the Employer Marks. Any goodwill accrued as a result of Snagajob’s use of the Employer Marks inures solely for the benefit of Employer.
13.4 All communications, notices and disclosures required or permitted by this Agreement will be made by email and will be deemed to have been given upon dispatch of the email containing such notice (i) to Employer, at the email address set out in the most recent Sales Order or subsequent written instruction given by Employer to Snagajob and (ii) to Snagajob at [email protected].
13.5 Neither party may assign any Sales Order, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld, provided that Snagajob may assign its rights and obligations under this Agreement, in whole or in part, without the Employer’s consent, as follows: (i) to any Snagajob affiliate; or (ii) in connection with the sale of a business segment, or product line or other divestment or sale or disposition of assets or any merger, stock purchase, or other acquisition involving Snagajob to a successor entity or transferee of all or substantially all of Snagajob’s material assets. Any attempted assignment by a party not in accordance herewith will be null and void and of no force or effect.
13.6 ALL DISPUTES RELATED TO THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION AND SHALL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
13.7 Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
13.8 If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
13.9 The Agreement constitutes the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
END OF EMPLOYER TERMS
Effective March 4, 2021 to July 23, 2021
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Effective February 8, 2021 to March 4, 2021
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Effective February 8, 2021 to February 8, 2021
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Effective November 4, 2020 to February 8, 2021
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Effective August 5, 2020 to November 4, 2020
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Employer Terms of Use
1. General.
These Employer Terms of Use will apply to and govern (i) each Sales Order (other than Sales Orders described in the last sentence of this Section 1(a)) entered into between Customer and Snagajob.com, Inc. (“Snag”) and the services described in such Sales Orders as fully as if the provisions of these Employer Terms of Use were set forth in their entirety in each such Sales Order, and (ii) each other order of services by Customer on or through the Snagajob website without a Sales Order (“Website Orders”) and the services covered by such Website Orders. The services described in Sales Orders and covered by Website Orders are referred to herein collectively as the “Services.” By contracting for Services or using the Snag site, as defined below, Customer also agrees to comply with and be bound by the Snagajob Terms of Use found at snagajob.com/terms. These Employer Terms of Use do not apply to or govern any Sales Orders or Services which are governed by a Master Services Agreement, or any similar written agreement, signed by Customer and Snag.
2. Services.
(a) Customer and Snag agree that Snag will provide or make available to Customer the services or other offerings described in each Sales Order or covered by each Website Order, as applicable, for the service period(s) specified in, or to the extent otherwise provided in, such Sales Order or the applicable Website Order Terms (the “Service Periods”). The Services may be provided, as applicable, through the use of the Snag website (the “Snag Site”) and/or the “Snag for Employers” mobile application (the “App”) and may involve Snag using or making available to Customer certain software and other tools owned by or licensed to Snag (the “Software”).
(b) Snag may make available third-party products and/or services for integration with the Services, pursuant to a Website Order or a Sales Order (collectively, “Third-Party Offerings”). Customer agrees that Snag is not responsible for, and does not provide or control, those Third-Party Offerings. Snag encourages Customer to read the legal notices and privacy policies of each and every provider of such Third-Party Offering. Customer’s use of a Third-Party Offering will be subject to the terms of use, privacy policy, and any other applicable terms and conditions, required by the provider of such Third-Party Offering. Snag makes available Third-Party Offerings only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Offerings, and Customer accesses and/or uses all such Third-Party Offerings at its own risk.
(c) In connection with purchasing the Services, Customer will be responsible for obtaining and maintaining at its expense all computer hardware, software and communications equipment and connections, including mobile devices and wireless data services, required for Customers to access the Snag Site and/or the App and to access and use the applicable Services. By using the App, Customer consents to receive, at its cost, electronic communications from Snag.
(d) Snag reserves the right to make modifications to the Services, the Snag Site, the App and/or the Software during the term of any applicable Sales Order or Website Order; provided that such modifications do not have a material adverse effect on the functionality of the Services.
3. License; Limitations.
(a) During the applicable Service Periods, Snag grants to Customer a limited, nonexclusive, nontransferable and nonsublicenseable license (i) to access and use the Snag Site, the App and the Software, and (ii) to use any documentation provided to Customer by Snag in connection with the Services, in each case to the extent necessary to access and use the Services for the periods and quantities purchased under the applicable Sales Order or Website Order.
(b) This license is limited to Customer and it may not be resold, sublicensed, leased or otherwise made available to any third party. This license is also limited to the number of locations or quantity of units purchased by Customer and specified on the applicable Sales Order or Website Order.
(c) Customer agrees that it will not (i) modify, adapt, reverse engineer, decompile, disassemble, reverse assemble or otherwise attempt to discover the source code or underlying algorithms or know-how of any of the Services, the Snag Site or the Software, (ii) create any derivative works from any of the Services, the Snag Site, the App or the Software, (iii) access or use the Services, the Snag Site, the App or the Software for any illegal or unlawful, threatening, abusive, harassing or obscene purpose or for any other purpose prohibited by Snagajob’s policies in place from time to time, (iv) post or otherwise provide any false, misleading or dishonest information or other content on, through or in connection with the Services, the Snagajob Site or the App, or (v) attempt to do any of the foregoing.
4. Payment for Services.
(a) Customer agrees to pay for all of the Services described in each Sales Order and covered by each Website Order at the prices and rates, plus taxes, specified in such Sales Order or by the applicable Website Order Terms, as applicable, and without offset or deduction. Unless another payment method or other payment terms are agreed to by Customer and Snagajob in a Sales Order, all such payments will be due and must be paid within thirty (30) days of the invoice date. If any such payment is not paid when due hereunder, Snag may suspend the delivery of Services to Customer until payment is made, without extending the term of the Services, and Customer agrees to pay Snag interest on such overdue payment at one percent (1%) per month, or the highest rate permitted by applicable law, whichever is lower, and to reimburse Snag on demand for all costs of collection incurred by Snag, including, without limitation, reasonable attorneys’ fees and costs.
(b) Customer will be responsible for and agrees to pay all sales, use, value-added, excise and other taxes, if any, relating to the Sales Order(s), the Website Order(s) or the Services, other than taxes based on Snag’s net income.
(c) Snag will have the right to modify the prices and rates it charges for the Services in connection with the auto-renewing of Sales Orders or Website Orders by providing not less than ninety (90) days prior written notice to Customer. Such modified prices and rates will become effective at the beginning of the next renewal term for the applicable Services.
5. Term; Termination.
(a) Customer may terminate a Sales Order or Website Order with respect to one or more Services prior to the applicable scheduled termination date(s) if Snag ceases its business activities, makes a general assignment for the benefit of creditors, or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding.
(b) Snag may terminate a Sales Order or Website Order with respect to one or more Services prior to the applicable scheduled termination date(s) if: (i) Customer violates or fails to perform or comply with any of its obligations under Section 3(c) or Section 4(a) of these Employer Terms of Use and such violation or failure continues unremedied for five (5) days,; (ii) Customer violates or fails to perform or comply with any of its other material obligations under the Sales Order or Website Order, as applicable, or these Employer Terms of Use and such violation or failure continues unremedied for thirty (30) days after Snag gives written notice of such violation or failure to Customer, or; (iii) Customer ceases its business activities, makes a general assignment for the benefit of creditors or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding; or (iv) Snag gives thirty (30) days written notice of termination to Customer.
(c) Upon the expiration or earlier termination of a Sales Order or Website Order with respect to one or more Services, (i) the license granted to Customer in Section 3(a) above in connection with the applicable Service(s) will automatically and immediately terminate, and Customer will no longer have any right to use the Snag Site, the App, the Software or any Snag materials in connection with the applicable Service(s); provided that, access to the E-Verify Services shall be provided until notice of the cancellation or termination of the E-Verify account has been received from the U.S. government, (ii) Snag will no longer have any obligation to provide the applicable Service(s), and (iii) Customer will pay to Snag all fees and other amounts due with respect to Services provided on or before the expiration or termination date, and, unless the Sales Order or Website Order is terminated under Section 5(a) above, Customer will pay to Snag all fees and other amounts payable for Services under the applicable Sales Order or Website Order for the remainder of the current initial or renewal term.
(d) Unless a Sales Order or Website Order has been terminated based on Customer’s failure to pay fees or other amounts due to Snag under the Sales Order or Website Order, Snag will, upon Customer’s written request within thirty (30) days following termination, provide to Customer an electronic copy of Customer Materials (as defined in Section 8(a) below) then available in Snag’s system, in a standard data format that is reasonably accessible by Customer. If Customer requests Snag to provide an electronic copy of Customer Materials, Customer agrees to pay Snag’s then standard rates for such service. After thirty (30) days following termination or expiration, Snag will have no obligation to maintain or provide any Customer Materials and may thereafter, unless legally prohibited, delete all Customer Materials and/or Basic Hiring Manager employee data in its system or otherwise in its possession or under its control.
(e) The terms of these Employer Terms of Use which by their nature continue in effect after the expiration or earlier termination of the Sales Orders and Website Orders, including, without limitation, Sections 4, 5(c), 5(d), 5(e), 7, 8, 9, 10 and 11, will survive the expiration or earlier termination of any Sales Order or Website Order.
6. Representations and Warranties; Disclaimers.
(a) Each of Customer and Snag represents and warrants to the other party that (i) it is a corporation or other entity duly organized and validly existing in good standing under the laws of the state of its incorporation or organization, and it has the corporate or other power to own its property and to carry on its business as now being conducted, (ii) it has full power and authority to enter into the Sales Orders, the Website Orders and these Employer Terms of Use and to perform its obligations hereunder and thereunder, all of which have been duly authorized by all required corporate or other action by it, (iii) no consent or approval of, notice to or filing with any governmental authority or third party is required as a condition to the validity or enforceability of any Sales Order or Website Order or these Employer Terms of Use as to it, (iv) each Sales Order, each Website Order and these Employer Terms of Use constitutes the valid and legally binding agreement of it enforceable in accordance with its terms, (v) there are no proceedings pending or threatened before any court or governmental or administrative agency that would reasonably be expected to affect the validity or enforceability of any Sales Order, any Website Order or these Employer Terms of Use as to it, and (vi) it is not a party to or otherwise bound by any contract or agreement which in any manner would prohibit it from entering into any Sales Order, any Website Order or these Employer Terms of Use or performing its obligations hereunder or thereunder.
(b) Snag further represents and warrants to Customer that (i) it will perform the Services substantially in accordance with any applicable written specifications published by Snag and substantially in accordance with any product or services descriptions set forth in the applicable Sales Order or in any related Statement(s) of Work, (ii) it will use commercially reasonable efforts to provide support services in accordance with any service level agreements set forth in the applicable Sales Order or in any related Statement(s) of Work, and (iii) the tests provided as part of any assessment Services have been validated for construct and have criterion-related validity, and the assessment Software, as tested in the aggregate on assessments collected by Snag’s licensor and all its and Snag’s customers, does not show any evidence of adverse or disparate impact on any legally protected class of people.
(c) Customer further represents and warrants to Snag that all of the following comply and will comply with all federal, state and local employment, data protection, privacy and other applicable laws and regulations: (i) the application questions and other materials included or used in connection with the job listings posted or submitted by or on behalf of Customer through the Services, (ii) the application questions and other materials and technology used by Customer in screening or making hiring decisions regarding potential employees, (iii) Customer’s other hiring practices, including, without limitation, the use of any results of any application questions, procurement, screening or assessment Services provided hereunder, and (iv) Customer’s hiring decisions. Without limiting the generality of the foregoing, Customer represents and warrants to Snag that it will not use the results of any procurement, screening or assessment Services provided hereunder to discriminate against candidates or current employees in violation of any federal, state or local employment or other applicable laws or regulations.
(d) THE REPRESENTATIONS AND WARRANTIES MADE BY SNAG IN THIS SECTION 6 OR ELSEWHERE IN THESE EMPLOYER TERMS OF USE ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, NEITHER SNAG NOR ANY OF ITS LICENSORS REPRESENTS OR WARRANTS THAT (i) ANY OF THE SERVICES, THE SNAG SITE, THE APP, OR THE SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (ii) ANY SPECIFIC RESULTS WILL BE OBTAINED USING THE SERVICES, THE SNAG SITE, THE APP OR THE SOFTWARE, OR (iii) ANY ERRORS IN THE SERVICES, THE SNAG SITE, THE APP, OR THE SOFTWARE WILL BE CORRECTED. IN ADDITION, SNAG AND ITS LICENSORS EXPRESSLY DISCLAIM LIABILITY FOR CUSTOMER’S IMPROPER OR DISCRIMINATORY USE OF THE SOFTWARE,SERVICES, OR APP, INCLUDING CLAIMS AGAINST CUSTOMER MADE BY ANY COURT OR REGULATORY AGENCY BASED IN WHOLE OR IN PART ON FINDINGS OF DISPARATE OR ADVERSE IMPACT TREATMENT REGARDING CANDIDATES OR EMPLOYEES. SNAG AND ITS LICENSORS MAKE NO WARRANTY THAT THE SOFTWARE, SERVICES OR APP WILL NOT CAUSE AN ADVERSE OR DISPARATE IMPACT ON A LEGALLY PROTECTED CLASS OF PEOPLE IF SUCH SOFTWARE OR SERVICES ARE USED IMPROPERLY OR ARE USED WITHOUT A STATISTICALLY ADEQUATE OR REPRESENTATIVE CANDIDATE POOL. FURTHERMORE, SNAG AND ITS LICENSORS EXPRESSLY DISCLAIM LIABILITY FOR THE SOFTWARE’S, THE SERVICES’, AND/OR THE APP’S COMPLIANCE WITH, OR CUSTOMER’S ABILITY TO USE PROCUREMENT, SCREENING OR ASSESSMENT SERVICES TO EVALUATE CANDIDATES OR EMPLOYEES UNDER, THE EMPLOYMENT LAWS OF ANY JURISDICTION OTHER THAN THE FEDERAL AND STATE LAWS OF THE UNITED STATES.
(e) WITHOUT LIMITING THE GENERALITY OF SECTION 6(d) ABOVE, THE PARTIES SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE JOB SEEKER RESUMES AND OTHER JOB SEEKER INFORMATION PROVIDED ON OR THROUGH THE SERVICES, THE SNAG SITE AND/OR THE APP ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND THAT SNAG MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY SUCH RESUMES OR OTHER INFORMATION OR THEIR ACCURACY OR COMPLETENESS.
(f) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREUNDER, CUSTOMER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT SNAG IS NOT THE PROVIDER OF THE THIRD-PARTY OFFERINGS AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH THIRD-PARTY OFFERINGS. CUSTOMER REPRESENTS THAT IT IS NOT RELYING ON ANY STATEMENTS OR SPECIFICATIONS REPRESENTING THIRD-PARTY OFFERINGS THAT MAY BE PROVIDED BY SNAG. CUSTOMER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT SNAG HAS NO OBLIGATION OR LIABILITY ARISING FROM THE PROVISION, OPERATION AND/OR PERFORMANCE OF THIRD-PARTY OFFERINGS. ANY THIRD-PARTY OFFERINGS MADE AVAILABLE UNDER THIS AGREEMENT ARE MADE AVAILABLE ON AN “AS IS” BASIS. SNAG HEREBY DISCLAIMS AND CUSTOMER WAIVES ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES WITH RESPECT TO SUCH THIRD-PARTY OFFERINGS (WHETHER EXPRESS, IMPLIED, OR STATUTORY), INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: (i) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE IS KNOWN TO SNAG), NONINFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT, OR ACCURACY; AND (ii) ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN THE INDUSTRY.
7. Confidentiality.
(a) Each party will take commercially reasonable steps to protect the confidentiality of the Confidential Information and Trade Secrets (as such terms are defined below) of the other party disclosed to or otherwise received by such party in connection with the Sales Order(s), the Website Order(s), the Services or these Employer Terms of Use. Neither Customer nor Snag will copy, duplicate, use, disclose or transfer any such Confidential Information or Trade Secrets of the other party except as required to access and use or provide the Services, as applicable. Notwithstanding the foregoing, Snag may use the Customer Materials, after anonymizing all Customer and personally identifiable information, for research and development purposes.
(b) For purposes of these Employer Terms of Use, (i) “Confidential Information” means all proprietary or confidential information of a party and/or its affiliates, other than Trade Secrets, which is of value to the party and/or its affiliates and which is not generally known by or available to the party’s competitors, whether or not such information is specifically designated by the party as being confidential, and (ii) “Trade Secrets” mean all trade secrets of a party as defined under applicable law. The pricing and other specific terms relating to the Services included in the Sales Orders or the Website Order Terms constitute the Confidential Information of Snag.
(c) The confidentiality provisions contained in this Section 7 will apply (i) with respect to Confidential Information, at all times while any Services are being provided hereunder and for a period of two (2) years after all such Services cease being provided hereunder, and (ii) with respect to Trade Secrets, at all times that the applicable Trade Secret constitutes a “trade secret” under applicable law.
8. Ownership of Property.
(a) As between Customer and Snag, any Customer job postings and information and related materials provided by Customer for placement, storage and/or use in or in connection with the Services or on or in connection with the Snag Site and/or the App (“Customer Materials”) are and will remain the property of Customer. Customer grants Snag an irrevocable, royalty-free, nonexclusive license to use, copy, display and distribute Customer Materials to the extent necessary to provide the Services and/or to administer, maintain or improve the Snag Site and/or the App, and to use the Customer Materials, after anonymizing all Customer and personally identifiable information, for research and development purposes.
(b) Except for the limited license granted in Section 3(a) above, Customer has and will have no right, title or interest in or to any of the Services, the Snag Site, the App or the Software, and Snag or its applicable licensor will retain ownership of and full and exclusive rights in and to the Services, the Snag Site, the App and the Software and all enhancements and modifications thereto and thereof, including, without limitation, ownership of and full and exclusive rights to all related copyrights and other intellectual property rights and full and exclusive rights to sell, license, market, assign and modify the Services, the Snag Site, the App and the Software.
9. Intellectual Property Indemnity.
(a) Provided that Customer complies in each instance with Section 9(b) below, Snagajob agrees to indemnify Customer from and against any damages, costs and expenses (including reasonable attorneys’ fees) incurred by Customer as a result of a final judgment in favor of a third-party in connection with a claim that the Services, (excluding any Third-Party Offerings), the Snag Site or the Software infringe or otherwise violate any U.S registered patent, copyright, trademark or service mark of that third party.
(b) If any third-party claim is made against Customer for which Snag may be required to provide indemnification under Section 9(a) above, (i) Customer will promptly notify Snag in writing of such claim, in no event later than ten (10) days prior to the date on which a response to the claim is required, (ii) Snag will have full authority, at its option, to defend such claim and Customer will provide reasonable assistance in such defense, and (iii) Snagajob will have full authority, at its option, to control the defense of such claim at its expense and all negotiations for the compromise and settlement of such claim.
(c) If Snag determines that any third-party claim that the Services, the Snag Site or the Software infringes or otherwise violates any U.S. registered patent, copyright, trademark or service mark of a third party is valid, Snag will have the right, at its expense (i) to obtain for Customer the right to continue using the Services, the Snag Site or the Software, as applicable, under these Employer Terms of Use, (ii) to modify the Services, the Snag Site or the Software, as applicable, provided hereunder so that they are no longer infringing with no materially adverse effect on their functionality, or (iii) to terminate the Sales Order(s) and/or Website Orders with respect to the infringing Services, Snag Site or Software and refund to Customer any related prepaid fees for the remainder of the current initial or renewal term.
(d) The agreements contained in this Section 9 constitute the exclusive liability and responsibility of Snag for, and the exclusive remedy of Customer regarding, any claim that the Services, the Snag Site or the Software infringes or otherwise violates any patent, copyright, trademark or service mark of a third party.
10. Customer Indemnification.
Customer agrees to indemnify, defend and hold Snag and its licensors harmless from and against any damages, costs and expenses (including reasonable attorneys’ fees) incurred by Snag or a licensor as a result of or in connection with any third-party claim that (i) any of the Customer Materials infringes or otherwise violates any patent, copyright, trademark, service mark, trade secret or other intellectual property right of a third party, and/or (ii) Customer’s employee application, including but limited to any questions regarding criminal convictions, or any procurement, screening, testing, assessment, hiring or firing policies or practices, or improper use of the Software or Services, violates any applicable employment, data protection, privacy or other law or regulation.
11. Liability Limitations
EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 9 AND 10 ABOVE, AND WITHOUT IN ANY WAY LIMITING CUSTOMER’S OBLIGATION TO PAY FOR THE SERVICES AS PROVIDED IN THE APPLICABLE SALES ORDERS OR WEBSITE ORDER TERMS, (i) NEITHER PARTY WILL BE LIABLE FOR ANY PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO COLLECT ANY SUCH DAMAGES, AND (ii) EACH PARTY’S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES HEREUNDER WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO SNAG UNDER THE APPLICABLE SALES ORDERS OR WEBSITE ORDER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT CAUSING THE LIABILITY. FURTHER, CUSTOMER ACKNOWLEDGES AND AGREES THAT SNAG SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER, INCLUDING FOR INDIRECT OR DIRECT DAMAGES, WITH RESPECT TO THIRD-PARTY OFFERINGS.
12. Miscellaneous.
(a) Each party and its employees and representatives are and will be independent contractors with respect to the other party, and neither party by virtue of any Sales Order, any Website Order or these Employer Terms of Use will have any right, power or authority to act or create any obligation on behalf of the other party.
(b) Customer grants to Snag a limited, non-exclusive, nontransferable, royalty free right and license during the Term to use Customer’s tradename and logo (collectively, the “Customer Marks”) on its website or customer list to identify Customer as a client of Snag and in a mutually approved press release to announce that Customer is a client of Snag. Snag will comply with Customer’s trademark usage guidelines in using Customer’s Marks. Snag shall not use Customer Marks in a manner that dilutes, tarnishes or blurs the value of the Customer Marks. Any goodwill accrued as a result of Snag’s use of the Customer Marks inures solely for the benefit of Customer.
(c) The Sales Orders, Website Orders and these Employer Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Virginia. The parties agree that any dispute, claim or controversy arising out of or in connection with these Employer Terms of Use, any Sales Order, any Website Order and/or the Services will be brought, tried and litigated exclusively in the Circuit Court of the County of Henrico, Virginia or in the United States District Court for the Eastern District of Virginia (Richmond Division). Each party hereby voluntarily submits to personal jurisdiction in each such court, and each party expressly waives any right to object to personal jurisdiction or improper venue, or to assert the doctrine of forum non conveniens or any similar doctrine, with respect to either such court in connection with any dispute, claim or controversy arising out of or in connection with these Employer Terms of Use, any Sales Order, any Website Order and/or the Services.
(d) All communications, notices and disclosures required or permitted by these Employer Terms of Use will be in writing and will be deemed to have been given on the date when delivered personally, by messenger, by overnight delivery service or otherwise, (i) to Customer, at the address described on the applicable Sales Order or provided in connection with the applicable Website Order, and (ii) to Snag at Snagajob.com, Inc., 4851 Lake Brook Drive, Glen Allen, Virginia 23060, Attention: Legal Department with a copy to [email protected].
(e) During the initial or any renewal term of this Agreement and for a period of one (1) year after the expiration or termination of this Agreement, Customer shall not, without the prior written consent of the Snag, either directly or indirectly, solicit or attempt to solicit, divert or hire away any person employed by Snag.
(f) Neither party may assign any Sales Order or Website Order, in whole or in part, without the prior written consent of the other party; provided that Snag may assign any Sales Order or Website Order to any purchaser of all or substantially all of Snag’s assets. Any attempted assignment by a party not in accordance herewith will be null and void and of no force or effect.
(g) These Employer Terms of Use will be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
(h) The section headings contained herein are for the convenience of the parties only and will not be interpreted to limit or affect in any way the meaning of the language contained in these Employer Terms of Use.
(i) The Sales Orders and any other documents included as part of or relating to the Sales Orders or Website Orders may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. The Sales Orders and any other documents included as part of or relating to the Sales Orders or Website Orders may be executed by exchange of manually signed originals or facsimile copies or by exchange of electronic signatures through any electronic signing service or process approved by Snag.
(j) These Employer Terms of Use, together with the applicable Sales Order or Website Order and any related Statement(s) of Work prepared by Snag and delivered to Customer in connection with such Sales Order or Website Order, contains the entire agreement and understanding between Customer and Snag. This Agreement may not be modified or amended, except by a writing executed by both parties hereto. The foregoing sentence notwithstanding, Snag and Customer agree that Customer may amend a Sales Order or a Website Order by an email in the form provided by Snag, or through the Snag online portal, as available, to make the following changes: (i) reallocate the budget between Performance Products; (ii) increase the quantity of the Services at the same rate as the rate in this Sales Order, with a corresponding increase in Price; (iii) Change the cost per click rate (“CPC”); (iv) change the budget; and/or (v) extend the campaign end date for Performance Products. Customer and Snag agree that all such amendments sent by email or through the Snag online portal shall be subject to all the terms and conditions of this Agreement and the Sales Order. Customer may add additional locations through the PeopleMatter Services and agrees to pay for such additional locations at the rate indicated in the Sales Order.
(k). Snag hereby objects to and rejects the inclusion in any purchase order, routine business form, supplier registration site or similar form or website used by the Customer of any pre-printed terms or website terms and conditions that have not been separately negotiated and agreed to in writing by the parties and made a part of this Agreement to the extent that such are inconsistent with or in addition to the provisions of this Agreement.
(l). No waiver by either party hereto of any term or provision of these Employer Terms of Use or of any default hereunder will affect such party’s rights thereafter to enforce such term or provision or to exercise any right or remedy in the event of any other default, whether or not similar.
Effective June 19, 2020 to August 5, 2020
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Job Seeker Terms
Effective August 6, 2021
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Job Seeker Terms
For all other users: August 6, 2021
Effective July 23, 2021 to August 6, 2021
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Job Seeker Terms
For all other users: August 6, 2021
Effective July 23, 2021 to July 23, 2021
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For all other users: August 6, 2021
Effective July 23, 2021 to July 23, 2021
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For all other users: August 6, 2021
Effective July 23, 2021 to July 23, 2021
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For all other users: August 6, 2021
Snagajob Shifts Terms
Effective November 27, 2022
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Snagajob Shifts Terms
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated Date: July 23, 2021
Please read these Snagajob Shifts Terms (the “Shifts Terms”) to the Snagajob General Terms of Use (these “General Terms of Use”) carefully.
These Shifts Terms apply to all client employers who are accessing the Website or using the Services to post solicitation of Snagajob Workers (as defined below) to fill shifts (“Shifts Clients”) or otherwise access any Services designed for Shifts Clients (“Shifts Services”). These Shifts Terms do not apply to the posting of job openings for Job Seekers (which Services are governed by the Employer Terms. These Shifts Terms also govern any Sales Order (as defined below) entered into between you, the Shifts Client, and Snagajob.
THESE SHIFTS TERMS, AS INCORPORATED INTO THE GENERAL TERMS OF USE, AND COMBINED WITH ANY AND ALL SALES ORDERS ENTERED INTO BY SNAGAJOB AND YOU, THE EMPLOYER (“SALES ORDERS”) SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AS A SHIFTS CLIENT OR RELATED TO SHIFTS SERVICES (COLLECTIVELY, THE “AGREEMENT”). THESE SHIFTS TERMS REPLACE THE SHIFTS TERMS OF USE AS OF THE EFFECTIVE DATE SET FORTH ABOVE AND ALL REFERENCES TO THE SHIFTS TERMS OF USE SHALL BE DEEMED TO BE REFERENCES TO THESE SHIFTS TERMS. THESE SHIFT TERMS SHALL NOT APPLY TO A SALES ORDER IF THE SHIFTS CLIENT AND SNAGAJOB HAVE MUTUALLY EXECUTED A MASTER SERVICE AGREEMENT OR SIMILAR DOCUMENT THAT DOES NOT INCORPORATE THESE SHIFTS TERMS OR THE SHIFTS TERMS OF USE (AN “MSA”) AND ANY PROVISION OF THE GENERAL TERMS THAT IS INCONSISTENT WITH THE MSA WILL BE OF NO FORCE OR EFFECT.
These Shifts Terms are hereby incorporated into the General Terms of Use. To the extent that there is any conflict between these Shifts Terms and the General Terms of Use, the provision(s) in these Shifts Terms will prevail, but solely to the extent such conflict exists. To the extent that there is any conflict between these Shift Terms and a Sales Order, the provision(s) in the Sales Order will prevail, but solely to the extent such conflict exists. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Terms of Use. We may at our sole discretion modify these Shifts Terms on a going-forward basis. We will post notice of date of the most recent update by revising the header at the top of this document.
EVERY TIME SHIFTS CLIENT USES THE SHIFTS SERVICES, SHIFTS CLIENT ACKNOWLEDGES AND AGREES TO THESE SHIFTS TERMS AND THE GENERAL TERMS OF USE
1. Shifts Services.
1.1 Shifts Client and Snagajob agree that Snagajob will provide or make available to Shifts Client, and Shifts Client will purchase and pay for, the Shifts services which include recruitment, onboarding, an online platform where Client may post ads for available shifts and where Snagajob Workers may accept assignemtns to work such posted shifts (“Shifts Services”).
1.2 “Snagajob Workers” means workers recruited, screened, background checked and employed by Snagajob who are available to fill shifts that Shifts Client posts to the Snagajob application (the “App”).
1.3 Provision of the Shifts Services is subject to the Scheduling Code of Conduct, attached as Exhibit A to these Shifts Terms.
2. Payments and Fees.
2.1 Shifts Client agrees to pay for all of the Shifts Services at the prices and rates specified in the Sales Order without offset or deduction.
2.2 Hourly Position Market Wage, Worker Costs, Service Fees and Hiring Fees will be billed to Shifts Client’s credit card weekly or paid by Snagajob initiated automatic ACH payment transfer weekly.
2.3 If any such payment is not paid when due hereunder Snagajob may suspend the delivery of Shifts Services to Shifts Client until payment is made. Shifts Client agrees to pay Snagajob interest on such overdue payment at the rate of 1.5% per month, or the highest rate permitted by applicable law, whichever is lower, and to reimburse Snagajob on demand for all costs of collection incurred by Snagajob, including, without limitation, reasonable attorneys’ fees and costs.
3. Term and Termination of Sales Orders
3.2 Shifts Client may terminate a Sales Order prior to the applicable scheduled termination date(s) if (i) Snagajob ceases its business activities, makes a general assignment for the benefit of creditors, or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding or (ii) Shifts Client gives 30 days written notice of termination to Snagajob.
3.3 Snagajob may terminate a Sales Order prior to the applicable scheduled termination date(s) if: (i) Shifts Client breaches any provision of the Agreement; (ii) Shifts Client ceases its business activities, makes a general assignment for the benefit of creditors or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding; or (iii) Snagajob gives 30 days written notice of termination to Shifts Client.
3.4 Shifts Client will pay all fees owed for Shifts Services performed, or Hiring Fees incurred, through the termination date of a Sales Order.
4. Snagajob Obligations. Snagajob will:
4.2 be responsible for recruiting, screening and obtaining background checks on all Snagajob Workers;
4.3 provide employee benefits and timely pay Snagajob Workers for all Services they perform for Shifts Client pursuant to the Agreement and be solely responsible for the withholding and payment and recording of any payroll deductions and taxes;
4.4 be responsible for all hiring, compensation, scheduling, discipline, and termination decisions with respect to Snagajob Workers;
4.5 be responsible for compliance with the Affordable Care Act (“ACA”) as it may pertain to the Snagajob Workers;
4.6 treat all Snagajob Workers as non-exempt, in order to ensure accurate calculation of fees and proper withholding and reporting of taxes;
4.7 not offer to settle or compromise any claim brought by a Snagajob Worker against Shifts Client except with Shifts Client’s advance written consent.
4.8 Cooperate with Shifts Client in the investigation and remediation of complaints involving Workers.
5. Shifts Client Obligations. Shifts Client will:
5.1 comply with all applicable federal, state and local laws and regulations that apply to Shifts Client and the worksite a nd premises to which Workers are assigned (the "Worksite") and while the Snagajob Worker is on the job;
5.2 not permit its managers to cause a Snagajob Worker to work time that is not recorded to Snagajob or is otherwise “off the clock” and not pay any wages or salaries directly to any Snagajob Worker without first (i) informing Snagajob in writing of such payment (ii) obtaining Snagajob’s prior written consent;
5.3 be solely responsible for the direction, supervision and control of the Snagajob Workers, including the sole and exclusive right to control working conditions and day-to-day job duties while the Snagajob Worker is on the job. Shifts Client expressly absolves Snagajob of any responsibility for matters under Shifts Client’s direction, supervision and control;
5.4 provide, at its own cost, all tools, safety and work equipment, supplies, and specialized clothing, in good condition, that may be required for the performance of work by Snagajob Workers in the normal course of the job (but not equipment required by Snagajob Workers due to their individual needs);
5.5 not change the job description a Snagajob Worker is asked to perform or the risks associated with that job description without Snagajob’s prior written approval and not request or permit a Snagajob Worker to use any vehicle or heavy equipment in performing the job;
5.6 direct, control, supervise and safeguard its premises, systems and valuables (including cash, check, credit cards, keys and merchandise) and assign Snagajob Worker only to attended premises;
5.7 cooperate with Snagajob in the investigation and remediation of complaints involving Workers and maintain policies prohibiting discrimination, harassment and retaliation against Snagajob Workers and to provide reasonable avenues to permit Workers to complain about any such actual or perceived violation;
5.8 provide Snagajob Workers with a work environment free from recognized hazards that are causing or likely to cause serious illness or injury in compliance with all applicable Occupational Safety and Health Act (“OSHA”) and other workplace safety requirements and be responsible for reporting incidents with regard to Snagajob Workers in compliance with the requirements of OSHA and provide Snagajob Workers with information and training with respect to any hazardous substances or conditions to which Snagajob Workers may be exposed at the Worksite and on the job, as required by law.
6. Independent Contractor Relationship.
6.1. The relationship between Snagajob and Shifts Client is that of independent contractors. Nothing herein is intended to or will be deemed or construed to create a joint venture, partnership or agency relationship between the parties for any purpose, or to impose upon the parties any of the duties or responsibilities of partners, joint venturers, or agents. Neither party has the authority to make any representation, contract or commitment on behalf of the other unless otherwise expressly authorized in a written document signed by both parties.
6.2 Nothing in the Agreement will prohibit Snagajob from performing similar services for entities other than Shifts Client during the term of this Agreement, so long as Snagajob’s actions do not otherwise violate the terms of this Agreement.
7. Snagajob Workers.
7.2 If Shifts Client hires a Snagajob Worker for a full or part-time employment position with Shifts Client, Shifts Client agrees to notify Snagajob immediately and pay Snagajob the Hiring Fee specified in the Sales Order. Notwithstanding anything to the contrary in the Agreement if Shifts Client hires a Snagajob Worker for either a full time or part time position, Snagajob will be released of all legal and financial responsibilities with respect to that Snagajob Worker and its relationship with Shifts Client, effective the date the Snagajob Worker is hired by the Shifts Client.
7.3 Shifts Client agrees that it will not place any Snagajob Worker in a position covered by an employment security clause under a collective bargaining agreement.
8. Confidentiality.
8.1 Snagajob and Shifts Client each (a “Receiving Party”) will hold in confidence, and will use solely for purposes of or as provided in the Agreement, any Confidential Information received by it from the other (a “Disclosing Party”) or derived from Confidential Information received from the other, and will protect the confidentiality of such with the same degree of care that it exercises with respect to its own information of like import, but in no event less than reasonable care, for a period of three years from the date of termination of the Agreement.
8.2 If a Receiving Party is required by legal, judicial or administrative process or applicable laws (including federal securities laws) to disclose Confidential Information of the other party, the party required to disclose such information will give the other party notice of the required disclosure and cooperate, at the expense of the other party, in seeking to quash or limit the disclosure.
8.3 All material containing Confidential Information of the other party will at the request of the other party be returned or destroyed upon termination of the Agreement, excluding materials that a Receiving Party is required to retain by applicable law or internal retention policies, or that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system.
8.4 Any breach of the restrictions on use of Confidential Information hereunder will cause irreparable injury and the party disclosing such Confirmation Information has, without limitation, the right to seek injunctive relief, without bond and without prejudice to any other rights and remedies that may be available at law or equity for a breach or threatened breach of such restrictions.
8.5 “Confidential Information” means proprietary or trade secret information which, if disclosed in tangible or electronic form bears a confidentiality legend and if disclosed orally is identified as confidential at the time of disclosure or is information of a type that a reasonable person would understand is confidential or proprietary.
9. Insurance.
10. Indemnification.
10.1 Each party (each an "Indemnifying Party") agrees to indemnify, defend, and hold harmless the other party, including its subsidiaries, affiliates, and related companies and its respective directors, officers, agents, and employees (the “Indemnified Parties”) from and against any and all loss, cost, damage and expense, including reasonable attorney's fees, incurred in defending or satisfying a claim by an unrelated third party that arises out of the Indemnifying Party's breach of any term or obligation contained in this Agreement, violation of law, gross negligence or willful misconduct (a "Third Party Claim"). Any provision of this Agreement to the contrary notwithstanding: (i) the Indemnifying Party will not be obligated to indemnify the Indemnified Parties from any Third Party Claim arising out of the other party's breach of this Agreement; and (ii) Snagajob will not be obligated to indemnify the Indemnified Parties for any Third Party Claim arising out of Client's supervision, direction or control of a Snagajob Worker at the Worksite or on the job.
10.2 Without limiting the generality of section 10.1, above, and except as provided therein, Snagajob will indemnify, defend and hold harmless the Indemnified Parties from and against any loss, cost, damage and expense, including reasonable attorney's fees, incurred in defending or satisfying a Third Party Claim that arises out of Snagajob's breach of any of its obligations contained in Section 4 above or elsewhere in this Agreement.
10.3 Without limiting the generality of section 10.1, above, and except as provided therein, Client will indemnify, defend, and hold harmless the Indemnified Parties from and against any and all loss, cost, damage and expense, including reasonable attorneys’ fees, incurred in defending or satisfying a Third Party Claim that arises out of Client's breach of any of its obligations contained in Section 5 above or elsewhere in this Agreement.
10.4 Each party will inform the other within 15 days of the receipt of any claim, demand or notice for which indemnification hereunder may be sought.
10.6. The Indemnifying Party will have the right to control the defense of any Third Party Claim for which it is required to provide indemnification, including the right to select counsel. The Indemnified Party will provide reasonable cooperation to the indemnifying party in investigating and defending against any Third Party Claim for which indemnification is sought. The Indemnifying Party will not settle any such claim withou the Indemnified Party's consent, which consent shall not be unreasonabley withheld, conditioned or delayed.
11. Disclaimer of Warranties.
THE REPRESENTATIONS AND WARRANTIES MADE BY SNAGAJOB IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED
12. Exclusions; Limitation of Liability.
THE PARTIES AND THEIR AFFILIATES WILL NOT BE LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (I) ANY INCIDENTAL, PUNITVE, SPECIAL EXEMPLARY, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (II) ANY PROPERTY DAMAGE OR LOSS OR INACCURACY OR DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, EXCEPT WITH RESPECT TO A PARTY'S INDEMNIFICATION OR CONFIDENTIALY OBLIGATIONS CONTAINED IN THIS AGREEMENT . IN NO EVENT WILL THE LIABILITY OF EITHER PARTY OR THEIR AFFILIATES UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID OR DUE HEREUNDER IN THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
13. Notices.
All notices or other communications required or permitted under this Agreement will be in writing and will be effective either when delivered personally to the party for whom intended, or three days following the deposit of the same into the United States mail (certified mail, return receipt requested, or first-class postage prepaid), addressed to such party at the address set forth in the Sales Order. A copy of any notice to Snagajob will be sent to [email protected].
14. Miscellaneous.
14.1 Any right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement will survive any expiration or termination.
14.2 Client grants to Snagajob a limited, non-exclusive, non-transferable, royalty free right and license during the term to use Client's tradename and logo (collectively, the "Client Marks") on its website or customer list to identify Client as a clien tof Snagjob and in a mutually approved press release to announce that Client is a customer of Snagajob. Snagajob will comply with Client's trademark usage guidelines in using client's Marks. Snagajob will not use Client Marks in a manner that dilutes, tarnishes or blurs the value of the Client Marks. Any goodwill accured as a result of Snagajob's us of the Client Makrs insures solely fo the beneift of Clinet
Neither party may assign any Sales Order, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld; provided that Snagajob may assign its rights and obligations under this Agreement, in whole or in part, without the Shifts Client’s consent, as follows: (i) to any Snagajob affiliate; or (ii) in connection with the sale of a subsidiary, business segment, division, business unit, or product line or other divestment or sale or disposition of assets or any merger, stock purchase, or other acquisition involving Snagajob. Any attempted assignment by a party not in accordance herewith will be null and void and of no force or effect.
14.3 ALL DISPUTES RELATED TO THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION AND SHALL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
14.4 Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
14.5 If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
14.6 The Agreement constitutes the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
EXHIBIT A: SCHEDULING CODE OF CONDUCT
1. A “Posted Shift” is defined as one where a Shifts Client, using the Website or App confirms a location, date, start and end time, and position for which Shifts Client needs Snagajob to find a qualified Snagajob Worker. A “Scheduled Shift Amount” is the amount of money due per the terms of the Posted Shift and the Sales Order
2. Snagajob will offer the Posted Shifts to the Snagajob Workers.
3. If Snagajob has not confirmed a Snagajob Worker for Shifts Client’s Posted Shift, no payment will be due from Shifts Client for such Posted Shift and Snag will have no responsibility or liability to Shifts Client for such Posted Shift.
4. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Shifts Client may cancel the Posted Shift without penalty.
5. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is scheduled to begin within 24 to 2 hours and Shifts Client wishes to cancel the Posted Shift, Shifts Client will pay 50 percent of the Scheduled Shift Amount. If Shifts Client cancels the confirmed Posted Shift within 2 hours of shift start, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
6. In the event that a Snagajob Worker has begun working a Posted Shift and Shifts Client sends the Snagajob Worker home before the Posted Shift is scheduled to end, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
7. If Shifts Client wishes to extend a Posted Shift for a Snagajob Worker after the Snagajob Worker has begun working and the Snagajob Worker has agreed to the extension, Shifts Client will pay for the total amount worked by the Snagajob Worker instead of the Scheduled Shift Amount, as determined by the number of hours actually worked and the terms of the Sales Order. Snagajob Worker is under no obligation to work beyond the end time set forth in the Posted Shift.
8. Within 24 hours of receipt of notification to approve a Snagajob Worker’s hour, Shifts Client will review, revise as needed, and approve the Snagajob Worker’s hours. If Shifts Client does not review and approve a Snagajob Worker’s hour within 36 hours, the Snagajob Worker’s reported hours will be deemed to reflect actual hours worked, will bill Shifts Client accordingly, and Shifts Client will accept the charges.
END OF SHIFTS TERMS
Effective June 12, 2022 to November 27, 2022
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Snagajob Shifts Terms
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated Date: July 23, 2021
Please read these Snagajob Shifts Terms (the “Shifts Terms”) to the Snagajob General Terms of Use (these “General Terms of Use”) carefully.
These Shifts Terms apply to all client employers who are accessing the Website or using the Services to post solicitation of Snagajob Workers (as defined below) to fill shifts (“Shifts Clients”) or otherwise access any Services designed for Shifts Clients (“Shifts Services”). These Shifts Terms do not apply to the posting of job openings for Job Seekers (which Services are governed by the Employer Terms. These Shifts Terms also govern any Sales Order (as defined below) entered into between you, the Shifts Client, and Snagajob.
THESE SHIFTS TERMS, AS INCORPORATED INTO THE GENERAL TERMS OF USE, AND COMBINED WITH ANY AND ALL SALES ORDERS ENTERED INTO BY SNAGAJOB AND YOU, THE EMPLOYER (“SALES ORDERS”) SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AS A SHIFTS CLIENT OR RELATED TO SHIFTS SERVICES (COLLECTIVELY, THE “AGREEMENT”). THESE SHIFTS TERMS REPLACE THE SHIFTS TERMS OF USE AS OF THE EFFECTIVE DATE SET FORTH ABOVE AND ALL REFERENCES TO THE SHIFTS TERMS OF USE SHALL BE DEEMED TO BE REFERENCES TO THESE SHIFTS TERMS. THESE SHIFT TERMS SHALL NOT APPLY TO A SALES ORDER IF THE SHIFTS CLIENT AND SNAGAJOB HAVE MUTUALLY EXECUTED A MASTER SERVICE AGREEMENT OR SIMILAR DOCUMENT THAT DOES NOT INCORPORATE THESE SHIFTS TERMS OR THE SHIFTS TERMS OF USE (AN “MSA”) AND ANY PROVISION OF THE GENERAL TERMS THAT IS INCONSISTENT WITH THE MSA WILL BE OF NO FORCE OR EFFECT.
These Shifts Terms are hereby incorporated into the General Terms of Use. To the extent that there is any conflict between these Shifts Terms and the General Terms of Use, the provision(s) in these Shifts Terms will prevail, but solely to the extent such conflict exists. To the extent that there is any conflict between these Shift Terms and a Sales Order, the provision(s) in the Sales Order will prevail, but solely to the extent such conflict exists. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Terms of Use. We may at our sole discretion modify these Shifts Terms on a going-forward basis. We will post notice of date of the most recent update by revising the header at the top of this document.
EVERY TIME SHIFTS CLIENT USES THE SHIFTS SERVICES, SHIFTS CLIENT ACKNOWLEDGES AND AGREES TO THESE SHIFTS TERMS AND THE GENERAL TERMS OF USE
1. Shifts Services.
1.1 Shifts Client and Snagajob agree that Snagajob will provide or make available to Shifts Client, and Shifts Client will purchase and pay for, the Shifts services which will include recruitment, onboarding, and staffing with Snagajob Workers to fill shifts (“Shifts Services”).
1.2 “Snagajob Workers” means workers recruited, screened, background checked and employed by Snagajob who are available to fill shifts that Shifts Client posts to the Snagajob application (the “App”).
1.3 Provision of the Shifts Services is subject to the Scheduling Code of Conduct, attached as Exhibit A to these Shifts Terms.
2. Payments and Fees.
2.1 Shifts Client agrees to pay for all of the Shifts Services at the prices and rates specified in the Sales Order without offset or deduction.
2.2 Hourly Position Market Wage, Worker Costs, Service Fees and Hiring Fees will be billed to Shifts Client’s credit card weekly or paid by Snagajob initiated automatic ACH payment transfer weekly.
2.3 If any such payment is not paid when due hereunder Snagajob may suspend the delivery of Shifts Services to Shifts Client until payment is made. Shifts Client agrees to pay Snagajob interest on such overdue payment at the rate of 1.5% per month, or the highest rate permitted by applicable law, whichever is lower, and to reimburse Snagajob on demand for all costs of collection incurred by Snagajob, including, without limitation, reasonable attorneys’ fees and costs.
3. Term and Termination of Sales Orders
3.2 Shifts Client may terminate a Sales Order prior to the applicable scheduled termination date(s) if (i) Snagajob ceases its business activities, makes a general assignment for the benefit of creditors, or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding or (ii) Shifts Client gives 30 days written notice of termination to Snagajob.
3.3 Snagajob may terminate a Sales Order prior to the applicable scheduled termination date(s) if: (i) Shifts Client breaches any provision of the Agreement; (ii) Shifts Client ceases its business activities, makes a general assignment for the benefit of creditors or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding; or (iii) Snagajob gives 30 days written notice of termination to Shifts Client.
3.4 Shifts Client will pay all fees owed for Shifts Services performed, or Hiring Fees incurred, through the termination date of a Sales Order.
4. Snagajob Obligations. Snagajob will:
4.2 be responsible for recruiting, screening and obtaining background checks on all Snagajob Workers;
4.3 provide employee benefits and timely pay Snagajob Workers for all Services they perform for Shifts Client pursuant to the Agreement and be solely responsible for the withholding and payment of any payroll deductions and taxes;
4.4 direct and control Snagajob Workers in hiring, compensation, scheduling, discipline, and termination;
4.5 be responsible for compliance with the Affordable Care Act (“ACA”) as it may pertain to the Snagajob Workers;
4.6 treat all Snagajob Workers as non-exempt, in order to ensure accurate calculation of fees and proper withholding and reporting of taxes;
4.7 not offer to settle or compromise any claim brought by a Snagajob Worker against Shifts Client except with Shifts Client’s advance written consent.
4.8 Cooperate with Shifts Client in the investigation and remediation of complaints involving Workers.
5. Shifts Client Obligations. Shifts Client will:
5.1 comply with all applicable federal, state and local laws and regulations that apply to Shifts Client and the worksite to which Workers are assigned;
5.2 not permit its managers to cause a Snagajob Worker to work time that is not recorded to Snagajob or is otherwise “off the clock” and not pay any wages or salaries directly to any Snagajob Worker without first (i) informing Snagajob in writing of such payment (ii) obtaining Snagajob’s prior written consent;
5.3 be solely responsible for the direction and control of the Snagajob Workers, including the sole and exclusive right to control working conditions and day-to-day job duties while the Snagajob Worker is at Shifts Client’s work location. Shifts Client expressly absolves Snagajob of any responsibility for matters under Shifts Client’s direction and control;
5.4 provide, at its own cost, all tools, safety and work equipment, supplies, and specialized clothing, in good condition, that may be required for the performance of work by Snagajob Workers in the normal course of proving the Services (but not equipment required by Snagajob Workers due to their individual needs);
5.5 not change the Services a Snagajob Worker is asked to perform or the risks associated with the Services without Snagajob’s prior written approval;
5.6 direct, control, supervise and safeguard its premises, systems and valuables (including cash, check, credit cards, keys and merchandise) and assign Snagajob Worker only to attended premises and not request or permit a Snagajob Worker to use any vehicle or heavy equipment in connection with the provision of Services;
5.7 cooperate with Snagajob in the investigation and remediation of complaints involving Workers and maintain policies prohibiting discrimination, harassment and retaliation against Snagajob Workers and to provide reasonable avenues to permit Workers to complain about any such actual or perceived violation;
5.8 provide Snagajob Workers with a work environment free from recognized hazards that are causing or likely to cause serious illness or injury in compliance with all applicable Occupational Safety and Health Act (“OSHA”) and other workplace safety requirements and be responsible for reporting incidents with regard to Snagajob Workers in compliance with the requirements of OSHA and provide Snagajob Workers with information and training with respect to any hazardous substances or conditions to which Snagajob Workers may be exposed at the worksite, as required by law.
6. Independent Contractor Relationship.
6.1. The relationship between Snagajob and Shifts Client is that of independent contractors. Nothing herein is intended to or will be deemed or construed to create a joint venture, partnership or agency relationship between the parties for any purpose, or to impose upon the parties any of the duties or responsibilities of partners, joint venturers, or agents. Neither party has the authority to make any representation, contract or commitment on behalf of the other unless otherwise expressly authorized in a written document signed by both parties.
6.2 Nothing in the Agreement will prohibit Snagajob from performing similar services for entities other than Shifts Client during the term of this Agreement, so long as Snagajob’s actions do not otherwise violate the terms of this Agreement.
7. Snagajob Workers.
7.2 If Shifts Client hires a Snagajob Worker for a full or part-time employment position with Shifts Client, Shifts Client agrees to notify Snagajob immediately and pay Snagajob the Hiring Fee specified in the Sales Order. Notwithstanding anything to the contrary in the Agreement if Shifts Client hires a Snagajob Worker for either a full time or part time position, Snagajob will be released of all legal and financial responsibilities with respect to that Snagajob Worker and its relationship with Shifts Client, effective the date the Snagajob Worker is hired by the Shifts Client.
7.3 Shifts Client agrees that it will not place any Snagajob Worker in a position covered by an employment security clause under a collective bargaining agreement.
8. Confidentiality.
8.1 Snagajob and Shifts Client each (a “Receiving Party”) will hold in confidence, and will use solely for purposes of or as provided in the Agreement, any Confidential Information received by it from the other (a “Disclosing Party”) or derived from Confidential Information received from the other, and will protect the confidentiality of such with the same degree of care that it exercises with respect to its own information of like import, but in no event less than reasonable care, for a period of three years from the date of termination of the Agreement.
8.2 If a Receiving Party is required by legal, judicial or administrative process or applicable laws (including federal securities laws) to disclose Confidential Information of the other party, the party required to disclose such information will give the other party notice of the required disclosure and cooperate, at the expense of the other party, in seeking to quash or limit the disclosure.
8.3 All material containing Confidential Information of the other party will at the request of the other party be returned or destroyed upon termination of the Agreement, excluding materials that a Receiving Party is required to retain by applicable law or internal retention policies, or that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system.
8.4 Any breach of the restrictions on use of Confidential Information hereunder will cause irreparable injury and the party disclosing such Confirmation Information has, without limitation, the right to seek injunctive relief, without bond and without prejudice to any other rights and remedies that may be available at law or equity for a breach or threatened breach of such restrictions.
8.5 “Confidential Information” means proprietary or trade secret information which, if disclosed in tangible or electronic form bears a confidentiality legend and if disclosed orally is identified as confidential at the time of disclosure or is information of a type that a reasonable person would understand is confidential or proprietary.
9. Insurance/Waiver.
Snagajob will maintain workers’ compensation insurance for the benefit of the Snagajob Workers consistent with the applicable law in any state in which Snagajob Workers are performing services for Shifts Client. Snagajob does not furnish insurance to the Shifts Client for employment practices liability. In the event of a claim against the Shifts Client alleging wrongful termination, harassment, discrimination, failure to accommodate, retaliation, or any other unlawful employment practice by a Snagajob Worker, Shifts Client will immediately notify Snagajob. Snagajob may assist Shifts Client in investigating and responding to such claim and Shifts Client will hold Snagajob harmless against any and all potential liabilities, losses or damages (including penalties, costs, attorney fees and liability to third parties). Snagajob assumes no liability which may arise out of the Shifts Client’s independent management decisions, actions, or non-actions concerning Snagajob Worker. Snagajob does not furnish insurance to the Shifts Client and assumes no responsibility for liabilities, losses, or damages resulting from Snagajob Worker dishonesty. If any Snagajob Worker is required to deal with confidential information, cash, or high value items when performing duties for the Shifts Client, Shifts Client acknowledges sole responsibility to maintain adequate supervision, procedures, and controls for such activities and to obtain such bonding or fidelity insurance as Shifts Client deems necessary in connection with its responsibility for such activities.
10. Indemnification.
10.1 Each Party agrees to indemnify, defend, and hold harmless the other party, including its subsidiaries, affiliates, and related companies and its respective directors, officers, agents, and employees (the “Indemnified Parties”) from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees) claimed by a third party to the extent that such arise directly out of: (i) the indemnifying party’s material breach of the Agreement or the Terms; or (ii) the indemnifying party’s breach of any applicable law.
10.2 Snagajob is not responsible for any losses related to the acts or omissions of third parties on which Snagajob has relied in providing services hereunder, including, but not limited to, reliance on third party providers of background check services.
10.3 Snagajob will indemnify, defend, and hold the Shifts Client Indemnified Parties harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees) based upon, any workers’ compensation claim brought by a Snagajob Worker against Shifts Client arising out of the Services provided by a Snagajob Worker pursuant to this Agreement that are within the scope of Services that Snagajob has assigned the Snagajob Worker to provide.
10.4 Shifts Client will indemnify, defend, and hold the Snagajob Indemnified Parties harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees), based upon any workers’ compensation claim brought by a Snagajob Worker, governmental body or third-party against Snagajob that arises out of Shifts Client’s assignment of a Snagajob Worker to perform services outside of the scope of the Services that Snagajob has assigned the Snagajob Worker to provide or based upon the negligence of the Shifts Client and brought by a third party.
10.5 Each Party will inform the other within 15 days of the receipt of any claim, demand, or notice for which indemnification hereunder may be sought.
10.6. The Indemnified Party will have the right to control the defense and settlement of any claim for which it seeks indemnification, including the right to select counsel. The indemnified party will provide reasonable cooperation to the indemnifying party in investigating and defending against any claim for which indemnification is sought. Each party’s duty to indemnify the other party is subject to the indemnified party providing the indemnifying party with prompt (within 15 days of the receipt) written notice of the claim, except that any failure to give prompt notice will only relieve the indemnifying Party of its indemnification obligations hereunder to the extent such failure materially prejudices such Party.
11. Disclaimer of Warranties.
THE REPRESENTATIONS AND WARRANTIES MADE BY SNAGAJOB IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED
12. Limitation of Liability.
EXCEPT FOR CLAIMS FOR INDEMNIFICATION UNDER SECTION 11 ABOVE, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID OR DUE HEREUNDER IN THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
13. Notices.
All notices or other communications required or permitted under this Agreement will be in writing and will be effective either when delivered personally to the party for whom intended, or three days following the deposit of the same into the United States mail (certified mail, return receipt requested, or first-class postage prepaid), addressed to such party at the address set forth in the Sales Order. A copy of any notice to Snagajob will be sent to [email protected].
14. Miscellaneous.
14.1 The following Sections will survive the termination or expiration of this Agreement: Sections 2, 3, 9 and 11. Any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement will also survive any expiration or termination.
14.2 Neither party may assign any Sales Order, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld; provided that Snagajob may assign its rights and obligations under this Agreement, in whole or in part, without the Shifts Client’s consent, as follows: (i) to any Snagajob affiliate; or (ii) in connection with the sale of a subsidiary, business segment, division, business unit, or product line or other divestment or sale or disposition of assets or any merger, stock purchase, or other acquisition involving Snagajob. Any attempted assignment by a party not in accordance herewith will be null and void and of no force or effect.
14.3 ALL DISPUTES RELATED TO THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION AND SHALL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
14.4 Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
14.5 If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
14.6 The Agreement constitutes the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
EXHIBIT A: SCHEDULING CODE OF CONDUCT
1. A “Posted Shift” is defined as one where a Shifts Client, using the Website or App confirms a location, date, start and end time, and position for which Shifts Client needs Snagajob to find a qualified Snagajob Worker. A “Scheduled Shift Amount” is the amount of money due per the terms of the Posted Shift and the Sales Order
2. Snagajob will offer the Posted Shifts to the Snagajob Workers.
3. If Snagajob has not confirmed a Snagajob Worker for Shifts Client’s Posted Shift, no payment will be due from Shifts Client for such Posted Shift and Snag will have no responsibility or liability to Shifts Client for such Posted Shift.
4. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Shifts Client may cancel the Posted Shift without penalty.
5. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is scheduled to begin within 24 to 2 hours and Shifts Client wishes to cancel the Posted Shift, Shifts Client will pay 50 percent of the Scheduled Shift Amount. If Shifts Client cancels the confirmed Posted Shift within 2 hours of shift start, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
6. In the event that a Snagajob Worker has begun working a Posted Shift and Shifts Client sends the Snagajob Worker home before the Posted Shift is scheduled to end, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
7. If Shifts Client wishes to extend a Posted Shift for a Snagajob Worker after the Snagajob Worker has begun working and the Snagajob Worker has agreed to the extension, Shifts Client will pay for the total amount worked by the Snagajob Worker instead of the Scheduled Shift Amount, as determined by the number of hours actually worked and the terms of the Sales Order. Snagajob Worker is under no obligation to work beyond the end time set forth in the Posted Shift.
8. Within 24 hours of receipt of notification to approve a Snagajob Worker’s hour, Shifts Client will review, revise as needed, and approve the Snagajob Worker’s hours. If Shifts Client does not review and approve a Snagajob Worker’s hour within 36 hours, the Snagajob Worker’s reported hours will be deemed to reflect actual hours worked, will bill Shifts Client accordingly, and Shifts Client will accept the charges.
END OF SHIFTS TERMS
Effective May 16, 2022 to June 12, 2022
DownloadTable of Contents
Snagajob Shifts Terms
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated Date: July 23, 2021
Please read these Snagajob Shifts Terms (the “Shifts Terms”) to the Snagajob General Terms of Use (these “General Terms of Use”) carefully.
These Shifts Terms apply to all client employers who are accessing the Website or using the Services to post solicitation of Snagajob Workers (as defined below) to fill shifts (“Shifts Clients”) or otherwise access any Services designed for Shifts Clients (“Shifts Services”). These Shifts Terms do not apply to the posting of job openings for Job Seekers (which Services are governed by the Employer Terms. These Shifts Terms also govern any Sales Order (as defined below) entered into between you, the Shifts Client, and Snagajob.
THESE SHIFTS TERMS, AS INCORPORATED INTO THE GENERAL TERMS OF USE, AND COMBINED WITH ANY AND ALL SALES ORDERS ENTERED INTO BY SNAGAJOB AND YOU, THE EMPLOYER (“SALES ORDERS”) SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AS A SHIFTS CLIENT OR RELATED TO SHIFTS SERVICES (COLLECTIVELY, THE “AGREEMENT”). THESE SHIFTS TERMS REPLACE THE SHIFTS TERMS OF USE AS OF THE EFFECTIVE DATE SET FORTH ABOVE AND ALL REFERENCES TO THE SHIFTS TERMS OF USE SHALL BE DEEMED TO BE REFERENCES TO THESE SHIFTS TERMS. THESE SHIFT TERMS SHALL NOT APPLY TO A SALES ORDER IF THE SHIFTS CLIENT AND SNAGAJOB HAVE MUTUALLY EXECUTED A MASTER SERVICE AGREEMENT OR SIMILAR DOCUMENT THAT DOES NOT INCORPORATE THESE SHIFTS TERMS OR THE SHIFTS TERMS OF USE (AN “MSA”) AND ANY PROVISION OF THE GENERAL TERMS THAT IS INCONSISTENT WITH THE MSA WILL BE OF NO FORCE OR EFFECT.
These Shifts Terms are hereby incorporated into the General Terms of Use. To the extent that there is any conflict between these Shifts Terms and the General Terms of Use, the provision(s) in these Shifts Terms will prevail, but solely to the extent such conflict exists. To the extent that there is any conflict between these Shift Terms and a Sales Order, the provision(s) in the Sales Order will prevail, but solely to the extent such conflict exists. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Terms of Use. We may at our sole discretion modify these Shifts Terms on a going-forward basis. We will post notice of date of the most recent update by revising the header at the top of this document.
EVERY TIME SHIFTS CLIENT USES THE SHIFTS SERVICES, SHIFTS CLIENT ACKNOWLEDGES AND AGREES TO THESE SHIFTS TERMS AND THE GENERAL TERMS OF USE
1. Shifts Services.
1.1 Shifts Client and Snagajob agree that Snagajob will provide or make available to Shifts Client, and Shifts Client will purchase and pay for, the Shifts services which will include recruitment, onboarding, and staffing with Snagajob Workers to fill shifts (“Shifts Services”).
1.2 “Snagajob Workers” means workers recruited, screened, background checked and employed by Snagajob who are available to fill shifts that Shifts Client posts to the Snagajob application (the “App”).
1.3 Provision of the Shifts Services is subject to the Scheduling Code of Conduct, attached as Exhibit A to these Shifts Terms.
2. Payments.
2.1 Shifts Client agrees to pay for all of the Shifts Services at the prices and rates specified in the Sales Order without offset or deduction.
2.2 Shifts Services and Hiring Fees will be billed to Shifts Client’s credit card weekly or paid by Snagajob initiated automatic ACH payment transfer weekly.
2.3 If any such payment is not paid when due hereunder Snagajob may suspend the delivery of Shifts Services to Shifts Client until payment is made. Shifts Client agrees to pay Snagajob interest on such overdue payment at the rate of 1.5% per month, or the highest rate permitted by applicable law, whichever is lower, and to reimburse Snagajob on demand for all costs of collection incurred by Snagajob, including, without limitation, reasonable attorneys’ fees and costs.
3. Term and Termination of Sales Orders
3.2 Shifts Client may terminate a Sales Order prior to the applicable scheduled termination date(s) if (i) Snagajob ceases its business activities, makes a general assignment for the benefit of creditors, or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding or (ii) Shifts Client gives 30 days written notice of termination to Snagajob.
3.3 Snagajob may terminate a Sales Order prior to the applicable scheduled termination date(s) if: (i) Shifts Client breaches any provision of the Agreement; (ii) Shifts Client ceases its business activities, makes a general assignment for the benefit of creditors or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding; or (iii) Snagajob gives 30 days written notice of termination to Shifts Client.
3.4 Shifts Client will pay all fees owed for Shifts Services performed, or Hiring Fees incurred, through the termination date of a Sales Order.
4. Snagajob Obligations. Snagajob will:
4.2 be responsible for recruiting, screening and obtaining background checks on all Snagajob Workers;
4.3 provide employee benefits and timely pay Snagajob Workers for all Services they perform for Shifts Client pursuant to the Agreement and be solely responsible for the withholding and payment of any payroll deductions and taxes;
4.4 direct and control Snagajob Workers in hiring, compensation, scheduling, discipline, and termination;
4.5 be responsible for compliance with the Affordable Care Act (“ACA”) as it may pertain to the Snagajob Workers;
4.6 treat all Snagajob Workers as non-exempt, in order to ensure accurate calculation of fees and proper withholding and reporting of taxes;
4.7 not offer to settle or compromise any claim brought by a Snagajob Worker against Shifts Client except with Shifts Client’s advance written consent.
4.8 Cooperate with Shifts Client in the investigation and remediation of complaints involving Workers.
5. Shifts Client Obligations. Shifts Client will:
5.1 comply with all applicable federal, state and local laws and regulations that apply to Shifts Client and the worksite to which Workers are assigned;
5.2 not permit its managers to cause a Snagajob Worker to work time that is not recorded to Snagajob or is otherwise “off the clock” and not pay any wages or salaries directly to any Snagajob Worker without first (i) informing Snagajob in writing of such payment (ii) obtaining Snagajob’s prior written consent;
5.3 be solely responsible for the direction and control of the Snagajob Workers, including the sole and exclusive right to control working conditions and day-to-day job duties while the Snagajob Worker is at Shifts Client’s work location. Shifts Client expressly absolves Snagajob of any responsibility for matters under Shifts Client’s direction and control;
5.4 provide, at its own cost, all tools, safety and work equipment, supplies, and specialized clothing, in good condition, that may be required for the performance of work by Snagajob Workers in the normal course of proving the Services (but not equipment required by Snagajob Workers due to their individual needs);
5.5 not change the Services a Snagajob Worker is asked to perform or the risks associated with the Services without Snagajob’s prior written approval;
5.6 direct, control, supervise and safeguard its premises, systems and valuables (including cash, check, credit cards, keys and merchandise) and assign Snagajob Worker only to attended premises and not request or permit a Snagajob Worker to use any vehicle or heavy equipment in connection with the provision of Services;
5.7 cooperate with Snagajob in the investigation and remediation of complaints involving Workers and maintain policies prohibiting discrimination, harassment and retaliation against Snagajob Workers and to provide reasonable avenues to permit Workers to complain about any such actual or perceived violation;
5.8 provide Snagajob Workers with a work environment free from recognized hazards that are causing or likely to cause serious illness or injury in compliance with all applicable Occupational Safety and Health Act (“OSHA”) and other workplace safety requirements and be responsible for reporting incidents with regard to Snagajob Workers in compliance with the requirements of OSHA and provide Snagajob Workers with information and training with respect to any hazardous substances or conditions to which Snagajob Workers may be exposed at the worksite, as required by law.
6. Independent Contractor Relationship.
6.1. The relationship between Snagajob and Shifts Client is that of independent contractors. Nothing herein is intended to or will be deemed or construed to create a joint venture, partnership or agency relationship between the parties for any purpose, or to impose upon the parties any of the duties or responsibilities of partners, joint venturers, or agents. Neither party has the authority to make any representation, contract or commitment on behalf of the other unless otherwise expressly authorized in a written document signed by both parties.
6.2 Nothing in the Agreement will prohibit Snagajob from performing similar services for entities other than Shifts Client during the term of this Agreement, so long as Snagajob’s actions do not otherwise violate the terms of this Agreement.
7. Snagajob Workers.
7.2 If Shifts Client hires a Snagajob Worker for a full or part-time employment position with Shifts Client, Shifts Client agrees to notify Snagajob immediately and pay Snagajob the Hiring Fee specified in the Sales Order. Notwithstanding anything to the contrary in the Agreement if Shifts Client hires a Snagajob Worker for either a full time or part time position, Snagajob will be released of all legal and financial responsibilities with respect to that Snagajob Worker and its relationship with Shifts Client, effective the date the Snagajob Worker is hired by the Shifts Client.
7.3 Shifts Client agrees that it will not place any Snagajob Worker in a position covered by an employment security clause under a collective bargaining agreement.
8. Confidentiality.
8.1 Snagajob and Shifts Client each (a “Receiving Party”) will hold in confidence, and will use solely for purposes of or as provided in the Agreement, any Confidential Information received by it from the other (a “Disclosing Party”) or derived from Confidential Information received from the other, and will protect the confidentiality of such with the same degree of care that it exercises with respect to its own information of like import, but in no event less than reasonable care, for a period of three years from the date of termination of the Agreement.
8.2 If a Receiving Party is required by legal, judicial or administrative process or applicable laws (including federal securities laws) to disclose Confidential Information of the other party, the party required to disclose such information will give the other party notice of the required disclosure and cooperate, at the expense of the other party, in seeking to quash or limit the disclosure.
8.3 All material containing Confidential Information of the other party will at the request of the other party be returned or destroyed upon termination of the Agreement, excluding materials that a Receiving Party is required to retain by applicable law or internal retention policies, or that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system.
8.4 Any breach of the restrictions on use of Confidential Information hereunder will cause irreparable injury and the party disclosing such Confirmation Information has, without limitation, the right to seek injunctive relief, without bond and without prejudice to any other rights and remedies that may be available at law or equity for a breach or threatened breach of such restrictions.
8.5 “Confidential Information” means proprietary or trade secret information which, if disclosed in tangible or electronic form bears a confidentiality legend and if disclosed orally is identified as confidential at the time of disclosure or is information of a type that a reasonable person would understand is confidential or proprietary.
9. Insurance/Waiver.
Snagajob will maintain workers’ compensation insurance for the benefit of the Snagajob Workers consistent with the applicable law in any state in which Snagajob Workers are performing services for Shifts Client. Snagajob does not furnish insurance to the Shifts Client for employment practices liability. In the event of a claim against the Shifts Client alleging wrongful termination, harassment, discrimination, failure to accommodate, retaliation, or any other unlawful employment practice by a Snagajob Worker, Shifts Client will immediately notify Snagajob. Snagajob may assist Shifts Client in investigating and responding to such claim and Shifts Client will hold Snagajob harmless against any and all potential liabilities, losses or damages (including penalties, costs, attorney fees and liability to third parties). Snagajob assumes no liability which may arise out of the Shifts Client’s independent management decisions, actions, or non-actions concerning Snagajob Worker. Snagajob does not furnish insurance to the Shifts Client and assumes no responsibility for liabilities, losses, or damages resulting from Snagajob Worker dishonesty. If any Snagajob Worker is required to deal with confidential information, cash, or high value items when performing duties for the Shifts Client, Shifts Client acknowledges sole responsibility to maintain adequate supervision, procedures, and controls for such activities and to obtain such bonding or fidelity insurance as Shifts Client deems necessary in connection with its responsibility for such activities.
10. Indemnification.
10.1 Each Party agrees to indemnify, defend, and hold harmless the other party, including its subsidiaries, affiliates, and related companies and its respective directors, officers, agents, and employees (the “Indemnified Parties”) from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees) claimed by a third party to the extent that such arise directly out of: (i) the indemnifying party’s material breach of the Agreement or the Terms; or (ii) the indemnifying party’s breach of any applicable law.
10.2 Snagajob is not responsible for any losses related to the acts or omissions of third parties on which Snagajob has relied in providing services hereunder, including, but not limited to, reliance on third party providers of background check services.
10.3 Snagajob will indemnify, defend, and hold the Shifts Client Indemnified Parties harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees) based upon, any workers’ compensation claim brought by a Snagajob Worker against Shifts Client arising out of the Services provided by a Snagajob Worker pursuant to this Agreement that are within the scope of Services that Snagajob has assigned the Snagajob Worker to provide.
10.4 Shifts Client will indemnify, defend, and hold the Snagajob Indemnified Parties harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees), based upon any workers’ compensation claim brought by a Snagajob Worker, governmental body or third-party against Snagajob that arises out of Shifts Client’s assignment of a Snagajob Worker to perform services outside of the scope of the Services that Snagajob has assigned the Snagajob Worker to provide or based upon the negligence of the Shifts Client and brought by a third party.
10.5 Each Party will inform the other within 15 days of the receipt of any claim, demand, or notice for which indemnification hereunder may be sought.
10.6. The Indemnified Party will have the right to control the defense and settlement of any claim for which it seeks indemnification, including the right to select counsel. The indemnified party will provide reasonable cooperation to the indemnifying party in investigating and defending against any claim for which indemnification is sought. Each party’s duty to indemnify the other party is subject to the indemnified party providing the indemnifying party with prompt (within 15 days of the receipt) written notice of the claim, except that any failure to give prompt notice will only relieve the indemnifying Party of its indemnification obligations hereunder to the extent such failure materially prejudices such Party.
11. Disclaimer of Warranties.
THE REPRESENTATIONS AND WARRANTIES MADE BY SNAGAJOB IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED
12. Limitation of Liability.
EXCEPT FOR CLAIMS FOR INDEMNIFICATION UNDER SECTION 11 ABOVE, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID OR DUE HEREUNDER IN THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
13. Notices.
All notices or other communications required or permitted under this Agreement will be in writing and will be effective either when delivered personally to the party for whom intended, or three days following the deposit of the same into the United States mail (certified mail, return receipt requested, or first-class postage prepaid), addressed to such party at the address set forth in the Sales Order. A copy of any notice to Snagajob will be sent to [email protected].
14. Miscellaneous.
14.1 The following Sections will survive the termination or expiration of this Agreement: Sections 2, 3, 9 and 11. Any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement will also survive any expiration or termination.
14.2 Neither party may assign any Sales Order, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld; provided that Snagajob may assign its rights and obligations under this Agreement, in whole or in part, without the Shifts Client’s consent, as follows: (i) to any Snagajob affiliate; or (ii) in connection with the sale of a subsidiary, business segment, division, business unit, or product line or other divestment or sale or disposition of assets or any merger, stock purchase, or other acquisition involving Snagajob. Any attempted assignment by a party not in accordance herewith will be null and void and of no force or effect.
14.3 ALL DISPUTES RELATED TO THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION AND SHALL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
14.4 Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
14.5 If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
14.6 The Agreement constitutes the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
EXHIBIT A: SCHEDULING CODE OF CONDUCT
1. A “Posted Shift” is defined as one where a Shifts Client, using the Website or App confirms a location, date, start and end time, and position for which Shifts Client needs Snagajob to find a qualified Snagajob Worker. A “Scheduled Shift Amount” is the amount of money due per the terms of the Posted Shift and the Sales Order
2. Snagajob will offer the Posted Shifts to the Snagajob Workers.
3. If Snagajob has not confirmed a Snagajob Worker for Shifts Client’s Posted Shift, no payment will be due from Shifts Client for such Posted Shift and Snag will have no responsibility or liability to Shifts Client for such Posted Shift.
4. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Shifts Client may cancel the Posted Shift without penalty.
5. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is scheduled to begin within 24 to 2 hours and Shifts Client wishes to cancel the Posted Shift, Shifts Client will pay 50 percent of the Scheduled Shift Amount. If Shifts Client cancels the confirmed Posted Shift within 2 hours of shift start, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
6. In the event that a Snagajob Worker has begun working a Posted Shift and Shifts Client sends the Snagajob Worker home before the Posted Shift is scheduled to end, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
7. If Shifts Client wishes to extend a Posted Shift for a Snagajob Worker after the Snagajob Worker has begun working and the Snagajob Worker has agreed to the extension, Shifts Client will pay for the total amount worked by the Snagajob Worker instead of the Scheduled Shift Amount, as determined by the number of hours actually worked and the terms of the Sales Order. Snagajob Worker is under no obligation to work beyond the end time set forth in the Posted Shift.
8. Within 24 hours of receipt of notification to approve a Snagajob Worker’s hour, Shifts Client will review, revise as needed, and approve the Snagajob Worker’s hours. If Shifts Client does not review and approve a Snagajob Worker’s hour within 36 hours, the Snagajob Worker’s reported hours will be deemed to reflect actual hours worked, will bill Shifts Client accordingly, and Shifts Client will accept the charges.
END OF SHIFTS TERMS
Effective May 10, 2022 to May 16, 2022
DownloadTable of Contents
Snagajob Shifts Terms
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated Date: July 23, 2021
Please read these Snagajob Shifts Terms (the “Shifts Terms”) to the Snagajob General Terms of Use (these “General Terms of Use”) carefully.
These Shifts Terms apply to all client employers who are accessing the Website or using the Services to post solicitation of Snagajob Workers (as defined below) to fill shifts (“Shifts Clients”) or otherwise access any Services designed for Shifts Clients (“Shifts Services”). These Shifts Terms do not apply to the posting of job openings for Job Seekers (which Services are governed by the Employer Terms. These Shifts Terms also govern any Sales Order (as defined below) entered into between you, the Shifts Client, and Snagajob.
THESE SHIFTS TERMS, AS INCORPORATED INTO THE GENERAL TERMS OF USE, AND COMBINED WITH ANY AND ALL SALES ORDERS ENTERED INTO BY SNAGAJOB AND YOU, THE EMPLOYER (“SALES ORDERS”) SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AS A SHIFTS CLIENT OR RELATED TO SHIFTS SERVICES (COLLECTIVELY, THE “AGREEMENT”). THESE SHIFTS TERMS REPLACE THE SHIFTS TERMS OF USE AS OF THE EFFECTIVE DATE SET FORTH ABOVE AND ALL REFERENCES TO THE SHIFTS TERMS OF USE SHALL BE DEEMED TO BE REFERENCES TO THESE SHIFTS TERMS. THESE SHIFT TERMS SHALL NOT APPLY TO A SALES ORDER IF THE SHIFTS CLIENT AND SNAGAJOB HAVE MUTUALLY EXECUTED A MASTER SERVICE AGREEMENT OR SIMILAR DOCUMENT THAT DOES NOT INCORPORATE THESE SHIFTS TERMS OR THE SHIFTS TERMS OF USE (AN “MSA”) AND ANY PROVISION OF THE GENERAL TERMS THAT IS INCONSISTENT WITH THE MSA WILL BE OF NO FORCE OR EFFECT.
These Shifts Terms are hereby incorporated into the General Terms of Use. To the extent that there is any conflict between these Shifts Terms and the General Terms of Use, the provision(s) in these Shifts Terms will prevail, but solely to the extent such conflict exists. To the extent that there is any conflict between these Shift Terms and a Sales Order, the provision(s) in the Sales Order will prevail, but solely to the extent such conflict exists. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Terms of Use. We may at our sole discretion modify these Shifts Terms on a going-forward basis. We will post notice of date of the most recent update by revising the header at the top of this document.
EVERY TIME SHIFTS CLIENT USES THE SHIFTS SERVICES, SHIFTS CLIENT ACKNOWLEDGES AND AGREES TO THESE SHIFTS TERMS AND THE GENERAL TERMS OF USE
1. Shifts Services.
1.1 Shifts Client and Snagajob agree that Snagajob will provide or make available to Shifts Client, and Shifts Client will purchase and pay for, the Shifts services which will include recruitment, onboarding, and staffing with Snagajob Workers to fill shifts (“Shifts Services”).
1.2 “Snagajob Workers” means workers recruited, screened, background checked and employed by Snagajob who are available to fill shifts that Shifts Client posts to the Snagajob application (the “App”).
1.3 Provision of the Shifts Services is subject to the Scheduling Code of Conduct, attached as Exhibit A to these Shifts Terms.
2. Payments.
2.1 Shifts Client agrees to pay for all of the Shifts Services at the prices and rates specified in the Sales Order without offset or deduction.
2.2 Shifts Services and Hiring Fees will be billed to Shifts Client’s credit card weekly or paid by Snagajob initiated automatic ACH payment transfer weekly.
2.3 If any such payment is not paid when due hereunder Snagajob may suspend the delivery of Shifts Services to Shifts Client until payment is made. Shifts Client agrees to pay Snagajob interest on such overdue payment at the rate of 1.5% per month, or the highest rate permitted by applicable law, whichever is lower, and to reimburse Snagajob on demand for all costs of collection incurred by Snagajob, including, without limitation, reasonable attorneys’ fees and costs.
3. Term and Termination of Sales Orders
3.2 Shifts Client may terminate a Sales Order prior to the applicable scheduled termination date(s) if (i) Snagajob ceases its business activities, makes a general assignment for the benefit of creditors, or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding or (ii) Shifts Client gives 30 days written notice of termination to Snagajob.
3.3 Snagajob may terminate a Sales Order prior to the applicable scheduled termination date(s) if: (i) Shifts Client breaches any provision of the Agreement; (ii) Shifts Client ceases its business activities, makes a general assignment for the benefit of creditors or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding; or (iii) Snagajob gives 30 days written notice of termination to Shifts Client.
3.4 Shifts Client will pay all fees owed for Shifts Services performed, or Hiring Fees incurred, through the termination date of a Sales Order.
4. Snagajob Obligations. Snagajob will:
4.2 be responsible for recruiting, screening and obtaining background checks on all Snagajob Workers;
4.3 provide employee benefits and timely pay Snagajob Workers for all Services they perform for Shifts Client pursuant to the Agreement and be solely responsible for the withholding and payment of any payroll deductions and taxes;
4.4 direct and control Snagajob Workers in hiring, compensation, scheduling, discipline, and termination;
4.5 be responsible for compliance with the Affordable Care Act (“ACA”) as it may pertain to the Snagajob Workers;
4.6 treat all Snagajob Workers as non-exempt, in order to ensure accurate calculation of fees and proper withholding and reporting of taxes;
4.7 not offer to settle or compromise any claim brought by a Snagajob Worker against Shifts Client except with Shifts Client’s advance written consent.
4.8 Cooperate with Shifts Client in the investigation and remediation of complaints involving Workers.
5. Shifts Client Obligations. Shifts Client will:
5.1 comply with all applicable federal, state and local laws and regulations that apply to Shifts Client and the worksite to which Workers are assigned;
5.2 not permit its managers to cause a Snagajob Worker to work time that is not recorded to Snagajob or is otherwise “off the clock” and not pay any wages or salaries directly to any Snagajob Worker without first (i) informing Snagajob in writing of such payment (ii) obtaining Snagajob’s prior written consent;
5.3 be solely responsible for the direction and control of the Snagajob Workers, including the sole and exclusive right to control working conditions and day-to-day job duties while the Snagajob Worker is at Shifts Client’s work location. Shifts Client expressly absolves Snagajob of any responsibility for matters under Shifts Client’s direction and control;
5.4 provide, at its own cost, all tools, safety and work equipment, supplies, and specialized clothing, in good condition, that may be required for the performance of work by Snagajob Workers in the normal course of proving the Services (but not equipment required by Snagajob Workers due to their individual needs);
5.5 not change the Services a Snagajob Worker is asked to perform or the risks associated with the Services without Snagajob’s prior written approval;
5.6 direct, control, supervise and safeguard its premises, systems and valuables (including cash, check, credit cards, keys and merchandise) and assign Snagajob Worker only to attended premises and not request or permit a Snagajob Worker to use any vehicle or heavy equipment in connection with the provision of Services;
5.7 cooperate with Snagajob in the investigation and remediation of complaints involving Workers and maintain policies prohibiting discrimination, harassment and retaliation against Snagajob Workers and to provide reasonable avenues to permit Workers to complain about any such actual or perceived violation;
5.8 provide Snagajob Workers with a work environment free from recognized hazards that are causing or likely to cause serious illness or injury in compliance with all applicable Occupational Safety and Health Act (“OSHA”) and other workplace safety requirements and be responsible for reporting incidents with regard to Snagajob Workers in compliance with the requirements of OSHA and provide Snagajob Workers with information and training with respect to any hazardous substances or conditions to which Snagajob Workers may be exposed at the worksite, as required by law.
6. Independent Contractor Relationship.
6.1. The relationship between Snagajob and Shifts Client is that of independent contractors. Nothing herein is intended to or will be deemed or construed to create a joint venture, partnership or agency relationship between the parties for any purpose, or to impose upon the parties any of the duties or responsibilities of partners, joint venturers, or agents. Neither party has the authority to make any representation, contract or commitment on behalf of the other unless otherwise expressly authorized in a written document signed by both parties.
6.2 Nothing in the Agreement will prohibit Snagajob from performing similar services for entities other than Shifts Client during the term of this Agreement, so long as Snagajob’s actions do not otherwise violate the terms of this Agreement.
7. Snagajob Workers.
7.2 If Shifts Client hires a Snagajob Worker for a full or part-time employment position with Shifts Client, Shifts Client agrees to notify Snagajob immediately and pay Snagajob the Hiring Fee specified in the Sales Order. Notwithstanding anything to the contrary in the Agreement if Shifts Client hires a Snagajob Worker for either a full time or part time position, Snagajob will be released of all legal and financial responsibilities with respect to that Snagajob Worker and its relationship with Shifts Client, effective the date the Snagajob Worker is hired by the Shifts Client.
7.3 Shifts Client agrees that it will not place any Snagajob Worker in a position covered by an employment security clause under a collective bargaining agreement.
8. Confidentiality.
8.1 Snagajob and Shifts Client each (a “Receiving Party”) will hold in confidence, and will use solely for purposes of or as provided in the Agreement, any Confidential Information received by it from the other (a “Disclosing Party”) or derived from Confidential Information received from the other, and will protect the confidentiality of such with the same degree of care that it exercises with respect to its own information of like import, but in no event less than reasonable care, for a period of three years from the date of termination of the Agreement.
8.2 If a Receiving Party is required by legal, judicial or administrative process or applicable laws (including federal securities laws) to disclose Confidential Information of the other party, the party required to disclose such information will give the other party notice of the required disclosure and cooperate, at the expense of the other party, in seeking to quash or limit the disclosure.
8.3 All material containing Confidential Information of the other party will at the request of the other party be returned or destroyed upon termination of the Agreement, excluding materials that a Receiving Party is required to retain by applicable law or internal retention policies, or that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system.
8.4 Any breach of the restrictions on use of Confidential Information hereunder will cause irreparable injury and the party disclosing such Confirmation Information has, without limitation, the right to seek injunctive relief, without bond and without prejudice to any other rights and remedies that may be available at law or equity for a breach or threatened breach of such restrictions.
8.5 “Confidential Information” means proprietary or trade secret information which, if disclosed in tangible or electronic form bears a confidentiality legend and if disclosed orally is identified as confidential at the time of disclosure or is information of a type that a reasonable person would understand is confidential or proprietary.
9. Insurance/Waiver.
Snagajob will maintain workers’ compensation insurance for the benefit of the Snagajob Workers consistent with the applicable law in any state in which Snagajob Workers are performing services for Shifts Client. Snagajob does not furnish insurance to the Shifts Client for employment practices liability. In the event of a claim against the Shifts Client alleging wrongful termination, harassment, discrimination, failure to accommodate, retaliation, or any other unlawful employment practice by a Snagajob Worker, Shifts Client will immediately notify Snagajob. Snagajob may assist Shifts Client in investigating and responding to such claim and Shifts Client will hold Snagajob harmless against any and all potential liabilities, losses or damages (including penalties, costs, attorney fees and liability to third parties). Snagajob assumes no liability which may arise out of the Shifts Client’s independent management decisions, actions, or non-actions concerning Snagajob Worker. Snagajob does not furnish insurance to the Shifts Client and assumes no responsibility for liabilities, losses, or damages resulting from Snagajob Worker dishonesty. If any Snagajob Worker is required to deal with confidential information, cash, or high value items when performing duties for the Shifts Client, Shifts Client acknowledges sole responsibility to maintain adequate supervision, procedures, and controls for such activities and to obtain such bonding or fidelity insurance as Shifts Client deems necessary in connection with its responsibility for such activities.
10. Indemnification.
10.1 Each Party agrees to indemnify, defend, and hold harmless the other party, including its subsidiaries, affiliates, and related companies and its respective directors, officers, agents, and employees (the “Indemnified Parties”) from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees) claimed by a third party to the extent that such arise directly out of: (i) the indemnifying party’s material breach of the Agreement or the Terms; or (ii) the indemnifying party’s breach of any applicable law.
10.2 Snagajob is not responsible for any losses related to the acts or omissions of third parties on which Snagajob has relied in providing services hereunder, including, but not limited to, reliance on third party providers of background check services.
10.3 Snagajob will indemnify, defend, and hold the Shifts Client Indemnified Parties harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees) based upon, any workers’ compensation claim brought by a Snagajob Worker against Shifts Client arising out of the Services provided by a Snagajob Worker pursuant to this Agreement that are within the scope of Services that Snagajob has assigned the Snagajob Worker to provide.
10.4 Shifts Client will indemnify, defend, and hold the Snagajob Indemnified Parties harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees), based upon any workers’ compensation claim brought by a Snagajob Worker, governmental body or third-party against Snagajob that arises out of Shifts Client’s assignment of a Snagajob Worker to perform services outside of the scope of the Services that Snagajob has assigned the Snagajob Worker to provide or based upon the negligence of the Shifts Client and brought by a third party.
10.5 Each Party will inform the other within 15 days of the receipt of any claim, demand, or notice for which indemnification hereunder may be sought.
10.6. The Indemnified Party will have the right to control the defense and settlement of any claim for which it seeks indemnification, including the right to select counsel. The indemnified party will provide reasonable cooperation to the indemnifying party in investigating and defending against any claim for which indemnification is sought. Each party’s duty to indemnify the other party is subject to the indemnified party providing the indemnifying party with prompt (within 15 days of the receipt) written notice of the claim, except that any failure to give prompt notice will only relieve the indemnifying Party of its indemnification obligations hereunder to the extent such failure materially prejudices such Party.
11. Disclaimer of Warranties.
THE REPRESENTATIONS AND WARRANTIES MADE BY SNAGAJOB IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED
12. Limitation of Liability.
EXCEPT FOR CLAIMS FOR INDEMNIFICATION UNDER SECTION 11 ABOVE, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID OR DUE HEREUNDER IN THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
13. Notices.
All notices or other communications required or permitted under this Agreement will be in writing and will be effective either when delivered personally to the party for whom intended, or three days following the deposit of the same into the United States mail (certified mail, return receipt requested, or first-class postage prepaid), addressed to such party at the address set forth in the Sales Order. A copy of any notice to Snagajob will be sent to [email protected].
14. Miscellaneous.
14.1 The following Sections will survive the termination or expiration of this Agreement: Sections 2, 3, 9 and 11. Any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement will also survive any expiration or termination.
14.2 Neither party may assign any Sales Order, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld; provided that Snagajob may assign its rights and obligations under this Agreement, in whole or in part, without the Shifts Client’s consent, as follows: (i) to any Snagajob affiliate; or (ii) in connection with the sale of a subsidiary, business segment, division, business unit, or product line or other divestment or sale or disposition of assets or any merger, stock purchase, or other acquisition involving Snagajob. Any attempted assignment by a party not in accordance herewith will be null and void and of no force or effect.
14.3 ALL DISPUTES RELATED TO THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION AND SHALL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
14.4 Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
14.5 If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
14.6 The Agreement constitutes the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
EXHIBIT A: SCHEDULING CODE OF CONDUCT
1. A “Posted Shift” is defined as one where a Shifts Client, using the Website or App confirms a location, date, start and end time, and position for which Shifts Client needs Snagajob to find a qualified Snagajob Worker. A “Scheduled Shift Amount” is the amount of money due per the terms of the Posted Shift and the Sales Order
2. Snagajob will offer the Posted Shifts to the Snagajob Workers.
3. If Snagajob has not confirmed a Snagajob Worker for Shifts Client’s Posted Shift, no payment will be due from Shifts Client for such Posted Shift and Snag will have no responsibility or liability to Shifts Client for such Posted Shift.
4. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Shifts Client may cancel the Posted Shift without penalty.
5. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is scheduled to begin within 24 to 2 hours and Shifts Client wishes to cancel the Posted Shift, Shifts Client will pay 50 percent of the Scheduled Shift Amount. If Shifts Client cancels the confirmed Posted Shift within 2 hours of shift start, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
6. In the event that a Snagajob Worker has begun working a Posted Shift and Shifts Client sends the Snagajob Worker home before the Posted Shift is scheduled to end, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
7. If Shifts Client wishes to extend a Posted Shift for a Snagajob Worker after the Snagajob Worker has begun working and the Snagajob Worker has agreed to the extension, Shifts Client will pay for the total amount worked by the Snagajob Worker instead of the Scheduled Shift Amount, as determined by the number of hours actually worked and the terms of the Sales Order. Snagajob Worker is under no obligation to work beyond the end time set forth in the Posted Shift.
8. Within 36 hours of receipt of notification to approve a Snagajob Worker’s hour, Shifts Client will review, revise as needed, and approve the Snagajob Worker’s hours. If Shifts Client does not review and approve a Snagajob Worker’s hour within 36 hours, the Snagajob Worker’s reported hours will be deemed to reflect actual hours worked, will bill Shifts Client accordingly, and Shifts Client will accept the charges.
END OF SHIFTS TERMS
Effective August 6, 2021 to May 10, 2022
DownloadTable of Contents
Snagajob Shifts Terms
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated Date: July 23, 2021
Please read these Snagajob Shifts Terms (the “Shifts Terms”) to the Snagajob General Terms of Use (these “General Terms of Use”) carefully.
These Shifts Terms apply to all client employers who are accessing the Website or using the Services to post solicitation of Snagajob Workers (as defined below) to fill shifts (“Shifts Clients”) or otherwise access any Services designed for Shifts Clients (“Shifts Services”). These Shifts Terms do not apply to the posting of job openings for Job Seekers (which Services are governed by the Employer Terms. These Shifts Terms also govern any Sales Order (as defined below) entered into between you, the Shifts Client, and Snagajob.
THESE SHIFTS TERMS, AS INCORPORATED INTO THE GENERAL TERMS OF USE, AND COMBINED WITH ANY AND ALL SALES ORDERS ENTERED INTO BY SNAGAJOB AND YOU, THE EMPLOYER (“SALES ORDERS”) SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AS A SHIFTS CLIENT OR RELATED TO SHIFTS SERVICES (COLLECTIVELY, THE “AGREEMENT”). THESE SHIFTS TERMS REPLACE THE SHIFTS TERMS OF USE AS OF THE EFFECTIVE DATE SET FORTH ABOVE AND ALL REFERENCES TO THE SHIFTS TERMS OF USE SHALL BE DEEMED TO BE REFERENCES TO THESE SHIFTS TERMS. THESE SHIFT TERMS SHALL NOT APPLY TO A SALES ORDER IF THE SHIFTS CLIENT AND SNAGAJOB HAVE MUTUALLY EXECUTED A MASTER SERVICE AGREEMENT OR SIMILAR DOCUMENT THAT DOES NOT INCORPORATE THESE SHIFTS TERMS OR THE SHIFTS TERMS OF USE (AN “MSA”) AND ANY PROVISION OF THE GENERAL TERMS THAT IS INCONSISTENT WITH THE MSA WILL BE OF NO FORCE OR EFFECT.
These Shifts Terms are hereby incorporated into the General Terms of Use. To the extent that there is any conflict between these Shifts Terms and the General Terms of Use, the provision(s) in these Shifts Terms will prevail, but solely to the extent such conflict exists. To the extent that there is any conflict between these Shift Terms and a Sales Order, the provision(s) in the Sales Order will prevail, but solely to the extent such conflict exists. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Terms of Use. We may at our sole discretion modify these Shifts Terms on a going-forward basis. We will post notice of date of the most recent update by revising the header at the top of this document.
EVERY TIME SHIFTS CLIENT USES THE SHIFTS SERVICES, SHIFTS CLIENT ACKNOWLEDGES AND AGREES TO THESE SHIFTS TERMS AND THE GENERAL TERMS OF USE
1. Shifts Services.
1.1 Shifts Client and Snagajob agree that Snagajob will provide or make available to Shifts Client, and Shifts Client will purchase and pay for, the Shifts services which will include recruitment, onboarding, and staffing with Snagajob Workers to fill shifts (“Shifts Services”).
1.2 “Snagajob Workers” means workers recruited, screened, background checked and employed by Snagajob who are available to fill shifts that Shifts Client posts to the Snagajob application (the “App”).
1.3 Provision of the Shifts Services is subject to the Scheduling Code of Conduct, attached as Exhibit A to these Shifts Terms.
2. Payments.
2.1 Shifts Client agrees to pay for all of the Shifts Services at the prices and rates specified in the Sales Order without offset or deduction.
2.2 Shifts Services and Hiring Fees will be billed to Shifts Client’s credit card weekly or paid by ACH transfer weekly.
2.3 If any such payment is not paid when due hereunder Snagajob may suspend the delivery of Shifts Services to Shifts Client until payment is made. Shifts Client agrees to pay Snagajob interest on such overdue payment at the rate of 1.5% per month, or the highest rate permitted by applicable law, whichever is lower, and to reimburse Snagajob on demand for all costs of collection incurred by Snagajob, including, without limitation, reasonable attorneys’ fees and costs.
3. Term and Termination of Sales Orders
3.2 Shifts Client may terminate a Sales Order prior to the applicable scheduled termination date(s) if (i) Snagajob ceases its business activities, makes a general assignment for the benefit of creditors, or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding or (ii) Shifts Client gives 30 days written notice of termination to Snagajob.
3.3 Snagajob may terminate a Sales Order prior to the applicable scheduled termination date(s) if: (i) Shifts Client breaches any provision of the Agreement; (ii) Shifts Client ceases its business activities, makes a general assignment for the benefit of creditors or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding; or (iii) Snagajob gives 30 days written notice of termination to Shifts Client.
3.4 Shifts Client will pay all fees owed for Shifts Services performed, or Hiring Fees incurred, through the termination date of a Sales Order.
4. Snagajob Obligations. Snagajob will:
4.2 be responsible for recruiting, screening and obtaining background checks on all Snagajob Workers;
4.3 provide employee benefits and timely pay Snagajob Workers for all Services they perform for Shifts Client pursuant to the Agreement and be solely responsible for the withholding and payment of any payroll deductions and taxes;
4.4 direct and control Snagajob Workers in hiring, compensation, scheduling, discipline, and termination;
4.5 be responsible for compliance with the Affordable Care Act (“ACA”) as it may pertain to the Snagajob Workers;
4.6 treat all Snagajob Workers as non-exempt, in order to ensure accurate calculation of fees and proper withholding and reporting of taxes;
4.7 not offer to settle or compromise any claim brought by a Snagajob Worker against Shifts Client except with Shifts Client’s advance written consent.
4.8 Cooperate with Shifts Client in the investigation and remediation of complaints involving Workers.
5. Shifts Client Obligations. Shifts Client will:
5.1 comply with all applicable federal, state and local laws and regulations that apply to Shifts Client and the worksite to which Workers are assigned;
5.2 not permit its managers to cause a Snagajob Worker to work time that is not recorded to Snagajob or is otherwise “off the clock” and not pay any wages or salaries directly to any Snagajob Worker without first (i) informing Snagajob in writing of such payment (ii) obtaining Snagajob’s prior written consent;
5.3 be solely responsible for the direction and control of the Snagajob Workers, including the sole and exclusive right to control working conditions and day-to-day job duties while the Snagajob Worker is at Shifts Client’s work location. Shifts Client expressly absolves Snagajob of any responsibility for matters under Shifts Client’s direction and control;
5.4 provide, at its own cost, all tools, safety and work equipment, supplies, and specialized clothing, in good condition, that may be required for the performance of work by Snagajob Workers in the normal course of proving the Services (but not equipment required by Snagajob Workers due to their individual needs);
5.5 not change the Services a Snagajob Worker is asked to perform or the risks associated with the Services without Snagajob’s prior written approval;
5.6 direct, control, supervise and safeguard its premises, systems and valuables (including cash, check, credit cards, keys and merchandise) and assign Snagajob Worker only to attended premises and not request or permit a Snagajob Worker to use any vehicle or heavy equipment in connection with the provision of Services;
5.7 cooperate with Snagajob in the investigation and remediation of complaints involving Workers and maintain policies prohibiting discrimination, harassment and retaliation against Snagajob Workers and to provide reasonable avenues to permit Workers to complain about any such actual or perceived violation;
5.8 provide Snagajob Workers with a work environment free from recognized hazards that are causing or likely to cause serious illness or injury in compliance with all applicable Occupational Safety and Health Act (“OSHA”) and other workplace safety requirements and be responsible for reporting incidents with regard to Snagajob Workers in compliance with the requirements of OSHA and provide Snagajob Workers with information and training with respect to any hazardous substances or conditions to which Snagajob Workers may be exposed at the worksite, as required by law.
6. Independent Contractor Relationship.
6.1. The relationship between Snagajob and Shifts Client is that of independent contractors. Nothing herein is intended to or will be deemed or construed to create a joint venture, partnership or agency relationship between the parties for any purpose, or to impose upon the parties any of the duties or responsibilities of partners, joint venturers, or agents. Neither party has the authority to make any representation, contract or commitment on behalf of the other unless otherwise expressly authorized in a written document signed by both parties.
6.2 Nothing in the Agreement will prohibit Snagajob from performing similar services for entities other than Shifts Client during the term of this Agreement, so long as Snagajob’s actions do not otherwise violate the terms of this Agreement.
7. Snagajob Workers.
7.2 If Shifts Client hires a Snagajob Worker for a full or part-time employment position with Shifts Client, Shifts Client agrees to notify Snagajob immediately and pay Snagajob the Hiring Fee specified in the Sales Order. Notwithstanding anything to the contrary in the Agreement if Shifts Client hires a Snagajob Worker for either a full time or part time position, Snagajob will be released of all legal and financial responsibilities with respect to that Snagajob Worker and its relationship with Shifts Client, effective the date the Snagajob Worker is hired by the Shifts Client.
7.3 Shifts Client agrees that it will not place any Snagajob Worker in a position covered by an employment security clause under a collective bargaining agreement.
8. Confidentiality.
8.1 Snagajob and Shifts Client each (a “Receiving Party”) will hold in confidence, and will use solely for purposes of or as provided in the Agreement, any Confidential Information received by it from the other (a “Disclosing Party”) or derived from Confidential Information received from the other, and will protect the confidentiality of such with the same degree of care that it exercises with respect to its own information of like import, but in no event less than reasonable care, for a period of three years from the date of termination of the Agreement.
8.2 If a Receiving Party is required by legal, judicial or administrative process or applicable laws (including federal securities laws) to disclose Confidential Information of the other party, the party required to disclose such information will give the other party notice of the required disclosure and cooperate, at the expense of the other party, in seeking to quash or limit the disclosure.
8.3 All material containing Confidential Information of the other party will at the request of the other party be returned or destroyed upon termination of the Agreement, excluding materials that a Receiving Party is required to retain by applicable law or internal retention policies, or that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system.
8.4 Any breach of the restrictions on use of Confidential Information hereunder will cause irreparable injury and the party disclosing such Confirmation Information has, without limitation, the right to seek injunctive relief, without bond and without prejudice to any other rights and remedies that may be available at law or equity for a breach or threatened breach of such restrictions.
8.5 “Confidential Information” means proprietary or trade secret information which, if disclosed in tangible or electronic form bears a confidentiality legend and if disclosed orally is identified as confidential at the time of disclosure or is information of a type that a reasonable person would understand is confidential or proprietary.
9. Insurance/Waiver.
Snagajob will maintain workers’ compensation insurance for the benefit of the Snagajob Workers consistent with the applicable law in any state in which Snagajob Workers are performing services for Shifts Client. Snagajob does not furnish insurance to the Shifts Client for employment practices liability. In the event of a claim against the Shifts Client alleging wrongful termination, harassment, discrimination, failure to accommodate, retaliation, or any other unlawful employment practice by a Snagajob Worker, Shifts Client will immediately notify Snagajob. Snagajob may assist Shifts Client in investigating and responding to such claim and Shifts Client will hold Snagajob harmless against any and all potential liabilities, losses or damages (including penalties, costs, attorney fees and liability to third parties). Snagajob assumes no liability which may arise out of the Shifts Client’s independent management decisions, actions, or non-actions concerning Snagajob Worker. Snagajob does not furnish insurance to the Shifts Client and assumes no responsibility for liabilities, losses, or damages resulting from Snagajob Worker dishonesty. If any Snagajob Worker is required to deal with confidential information, cash, or high value items when performing duties for the Shifts Client, Shifts Client acknowledges sole responsibility to maintain adequate supervision, procedures, and controls for such activities and to obtain such bonding or fidelity insurance as Shifts Client deems necessary in connection with its responsibility for such activities.
10. Indemnification.
10.1 Each Party agrees to indemnify, defend, and hold harmless the other party, including its subsidiaries, affiliates, and related companies and its respective directors, officers, agents, and employees (the “Indemnified Parties”) from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees) claimed by a third party to the extent that such arise directly out of: (i) the indemnifying party’s material breach of the Agreement or the Terms; or (ii) the indemnifying party’s breach of any applicable law.
10.2 Snagajob is not responsible for any losses related to the acts or omissions of third parties on which Snagajob has relied in providing services hereunder, including, but not limited to, reliance on third party providers of background check services.
10.3 Snagajob will indemnify, defend, and hold the Shifts Client Indemnified Parties harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees) based upon, any workers’ compensation claim brought by a Snagajob Worker against Shifts Client arising out of the Services provided by a Snagajob Worker pursuant to this Agreement that are within the scope of Services that Snagajob has assigned the Snagajob Worker to provide.
10.4 Shifts Client will indemnify, defend, and hold the Snagajob Indemnified Parties harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees), based upon any workers’ compensation claim brought by a Snagajob Worker, governmental body or third-party against Snagajob that arises out of Shifts Client’s assignment of a Snagajob Worker to perform services outside of the scope of the Services that Snagajob has assigned the Snagajob Worker to provide or based upon the negligence of the Shifts Client and brought by a third party.
10.5 Each Party will inform the other within 15 days of the receipt of any claim, demand, or notice for which indemnification hereunder may be sought.
10.6. The Indemnified Party will have the right to control the defense and settlement of any claim for which it seeks indemnification, including the right to select counsel. The indemnified party will provide reasonable cooperation to the indemnifying party in investigating and defending against any claim for which indemnification is sought. Each party’s duty to indemnify the other party is subject to the indemnified party providing the indemnifying party with prompt (within 15 days of the receipt) written notice of the claim, except that any failure to give prompt notice will only relieve the indemnifying Party of its indemnification obligations hereunder to the extent such failure materially prejudices such Party.
11. Disclaimer of Warranties.
THE REPRESENTATIONS AND WARRANTIES MADE BY SNAGAJOB IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED
12. Limitation of Liability.
EXCEPT FOR CLAIMS FOR INDEMNIFICATION UNDER SECTION 11 ABOVE, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID OR DUE HEREUNDER IN THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
13. Notices.
All notices or other communications required or permitted under this Agreement will be in writing and will be effective either when delivered personally to the party for whom intended, or three days following the deposit of the same into the United States mail (certified mail, return receipt requested, or first-class postage prepaid), addressed to such party at the address set forth in the Sales Order. A copy of any notice to Snagajob will be sent to [email protected].
14. Miscellaneous.
14.1 The following Sections will survive the termination or expiration of this Agreement: Sections 2, 3, 9 and 11. Any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement will also survive any expiration or termination.
14.2 Neither party may assign any Sales Order, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld; provided that Snagajob may assign its rights and obligations under this Agreement, in whole or in part, without the Shifts Client’s consent, as follows: (i) to any Snagajob affiliate; or (ii) in connection with the sale of a subsidiary, business segment, division, business unit, or product line or other divestment or sale or disposition of assets or any merger, stock purchase, or other acquisition involving Snagajob. Any attempted assignment by a party not in accordance herewith will be null and void and of no force or effect.
14.3 ALL DISPUTES RELATED TO THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION AND SHALL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
14.4 Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
14.5 If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
14.6 The Agreement constitutes the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
EXHIBIT A: SCHEDULING CODE OF CONDUCT
1. A “Posted Shift” is defined as one where a Shifts Client, using the Website or App confirms a location, date, start and end time, and position for which Shifts Client needs Snagajob to find a qualified Snagajob Worker. A “Scheduled Shift Amount” is the amount of money due per the terms of the Posted Shift and the Sales Order
2. Snagajob will offer the Posted Shifts to the Snagajob Workers.
3. If Snagajob has not confirmed a Snagajob Worker for Shifts Client’s Posted Shift, no payment will be due from Shifts Client for such Posted Shift and Snag will have no responsibility or liability to Shifts Client for such Posted Shift.
4. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Shifts Client may cancel the Posted Shift without penalty.
5. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is scheduled to begin within 24 to 2 hours and Shifts Client wishes to cancel the Posted Shift, Shifts Client will pay 50 percent of the Scheduled Shift Amount. If Shifts Client cancels the confirmed Posted Shift within 2 hours of shift start, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
6. In the event that a Snagajob Worker has begun working a Posted Shift and Shifts Client sends the Snagajob Worker home before the Posted Shift is scheduled to end, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
7. If Shifts Client wishes to extend a Posted Shift for a Snagajob Worker after the Snagajob Worker has begun working and the Snagajob Worker has agreed to the extension, Shifts Client will pay for the total amount worked by the Snagajob Worker instead of the Scheduled Shift Amount, as determined by the number of hours actually worked and the terms of the Sales Order. Snagajob Worker is under no obligation to work beyond the end time set forth in the Posted Shift.
8. Within 36 hours of receipt of notification to approve a Snagajob Worker’s hour, Shifts Client will review, revise as needed, and approve the Snagajob Worker’s hours. If Shifts Client does not review and approve a Snagajob Worker’s hour within 36 hours, the Snagajob Worker’s reported hours will be deemed to reflect actual hours worked, will bill Shifts Client accordingly, and Shifts Client will accept the charges.
END OF SHIFTS TERMS
Effective July 23, 2021 to August 6, 2021
DownloadTable of Contents
Snagajob Shifts Terms
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated Date: July 23, 2021
Please read these Snagajob Shifts Terms (the “Shifts Terms”) to the Snagajob General Terms of Use (these “General Terms of Use”) carefully.
These Shifts Terms apply to all client employers who are accessing the Website or using the Services to post solicitation of Snagajob Workers (as defined below) to fill shifts (“Shifts Clients”) or otherwise access any Services designed for Shifts Clients (“Shifts Services”). These Shifts Terms do not apply to the posting of job openings for Job Seekers (which Services are governed by the Employer Terms. These Shifts Terms also govern any Sales Order (as defined below) entered into between you, the Shifts Client, and Snagajob.
THESE SHIFTS TERMS, AS INCORPORATED INTO THE GENERAL TERMS OF USE, AND COMBINED WITH ANY AND ALL SALES ORDERS ENTERED INTO BY SNAGAJOB AND YOU, THE EMPLOYER (“SALES ORDERS”) SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AS A SHIFTS CLIENT OR RELATED TO SHIFTS SERVICES (COLLECTIVELY, THE “AGREEMENT”). THESE SHIFTS TERMS REPLACE THE SHIFTS TERMS OF USE AS OF THE EFFECTIVE DATE SET FORTH ABOVE AND ALL REFERENCES TO THE SHIFTS TERMS OF USE SHALL BE DEEMED TO BE REFERENCES TO THESE SHIFTS TERMS. THESE SHIFT TERMS SHALL NOT APPLY TO A SALES ORDER IF THE SHIFTS CLIENT AND SNAGAJOB HAVE MUTUALLY EXECUTED A MASTER SERVICE AGREEMENT OR SIMILAR DOCUMENT THAT DOES NOT INCORPORATE THESE SHIFTS TERMS OR THE SHIFTS TERMS OF USE (AN “MSA”) AND ANY PROVISION OF THE GENERAL TERMS THAT IS INCONSISTENT WITH THE MSA WILL BE OF NO FORCE OR EFFECT.
These Shifts Terms are hereby incorporated into the General Terms of Use. To the extent that there is any conflict between these Shifts Terms and the General Terms of Use, the provision(s) in these Shifts Terms will prevail, but solely to the extent such conflict exists. To the extent that there is any conflict between these Shift Terms and a Sales Order, the provision(s) in the Sales Order will prevail, but solely to the extent such conflict exists. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Terms of Use. We may at our sole discretion modify these Shifts Terms on a going-forward basis. We will post notice of date of the most recent update by revising the header at the top of this document.
EVERY TIME SHIFTS CLIENT USES THE SHIFTS SERVICES, SHIFTS CLIENT ACKNOWLEDGES AND AGREES TO THESE SHIFTS TERMS AND THE GENERAL TERMS OF USE
1. Shifts Services.
1.1 Shifts Client and Snagajob agree that Snagajob will provide or make available to Shifts Client, and Shifts Client will purchase and pay for, the Shifts services which will include recruitment, onboarding, and staffing with Snagajob Workers to fill shifts (“Shifts Services”).
1.2 “Snagajob Workers” means workers recruited, screened, background checked and employed by Snagajob who are available to fill shifts that Shifts Client posts to the Snagajob application (the “App”).
1.3 Provision of the Shifts Services is subject to the Scheduling Code of Conduct, attached as Exhibit A to these Shifts Terms.
2. Payments.
2.1 Shifts Client agrees to pay for all of the Shifts Services at the prices and rates specified in the Sales Order without offset or deduction.
2.2 Shifts Services and Hiring Fees will be billed to Shifts Client’s credit card weekly or paid by ACH transfer weekly.
2.3 If any such payment is not paid when due hereunder Snagajob may suspend the delivery of Shifts Services to Shifts Client until payment is made. Shifts Client agrees to pay Snagajob interest on such overdue payment at the rate of 1.5% per month, or the highest rate permitted by applicable law, whichever is lower, and to reimburse Snagajob on demand for all costs of collection incurred by Snagajob, including, without limitation, reasonable attorneys’ fees and costs.
3. Term and Termination of Sales Orders
3.2 Shifts Client may terminate a Sales Order prior to the applicable scheduled termination date(s) if (i) Snagajob ceases its business activities, makes a general assignment for the benefit of creditors, or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding or (ii) Shifts Client gives 30 days written notice of termination to Snagajob.
3.3 Snagajob may terminate a Sales Order prior to the applicable scheduled termination date(s) if: (i) Shifts Client breaches any provision of the Agreement; (ii) Shifts Client ceases its business activities, makes a general assignment for the benefit of creditors or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding; or (iii) Snagajob gives 30 days written notice of termination to Shifts Client.
3.4 Shifts Client will pay all fees owed for Shifts Services performed, or Hiring Fees incurred, through the termination date of a Sales Order.
4. Snagajob Obligations. Snagajob will:
4.2 be responsible for recruiting, screening and obtaining background checks on all Snagajob Workers;
4.3 provide employee benefits and timely pay Snagajob Workers for all Services they perform for Shifts Client pursuant to the Agreement and be solely responsible for the withholding and payment of any payroll deductions and taxes;
4.4 direct and control Snagajob Workers in hiring, compensation, scheduling, discipline, and termination;
4.5 be responsible for compliance with the Affordable Care Act (“ACA”) as it may pertain to the Snagajob Workers;
4.6 treat all Snagajob Workers as non-exempt, in order to ensure accurate calculation of fees and proper withholding and reporting of taxes;
4.7 not offer to settle or compromise any claim brought by a Snagajob Worker against Shifts Client except with Shifts Client’s advance written consent.
4.8 Cooperate with Shifts Client in the investigation and remediation of complaints involving Workers.
5. Shifts Client Obligations. Shifts Client will:
5.1 comply with all applicable federal, state and local laws and regulations that apply to Shifts Client and the worksite to which Workers are assigned;
5.2 not permit its managers to cause a Snagajob Worker to work time that is not recorded to Snagajob or is otherwise “off the clock” and not pay any wages or salaries directly to any Snagajob Worker without first (i) informing Snagajob in writing of such payment (ii) obtaining Snagajob’s prior written consent;
5.3 be solely responsible for the direction and control of the Snagajob Workers, including the sole and exclusive right to control working conditions and day-to-day job duties while the Snagajob Worker is at Shifts Client’s work location. Shifts Client expressly absolves Snagajob of any responsibility for matters under Shifts Client’s direction and control;
5.4 provide, at its own cost, all tools, safety and work equipment, supplies, and specialized clothing, in good condition, that may be required for the performance of work by Snagajob Workers in the normal course of proving the Services (but not equipment required by Snagajob Workers due to their individual needs);
5.5 not change the Services a Snagajob Worker is asked to perform or the risks associated with the Services without Snagajob’s prior written approval;
5.6 direct, control, supervise and safeguard its premises, systems and valuables (including cash, check, credit cards, keys and merchandise) and assign Snagajob Worker only to attended premises and not request or permit a Snagajob Worker to use any vehicle or heavy equipment in connection with the provision of Services;
5.7 cooperate with Snagajob in the investigation and remediation of complaints involving Workers and maintain policies prohibiting discrimination, harassment and retaliation against Snagajob Workers and to provide reasonable avenues to permit Workers to complain about any such actual or perceived violation;
5.8 provide Snagajob Workers with a work environment free from recognized hazards that are causing or likely to cause serious illness or injury in compliance with all applicable Occupational Safety and Health Act (“OSHA”) and other workplace safety requirements and be responsible for reporting incidents with regard to Snagajob Workers in compliance with the requirements of OSHA and provide Snagajob Workers with information and training with respect to any hazardous substances or conditions to which Snagajob Workers may be exposed at the worksite, as required by law.
6. Independent Contractor Relationship.
6.1. The relationship between Snagajob and Shifts Client is that of independent contractors. Nothing herein is intended to or will be deemed or construed to create a joint venture, partnership or agency relationship between the parties for any purpose, or to impose upon the parties any of the duties or responsibilities of partners, joint venturers, or agents. Neither party has the authority to make any representation, contract or commitment on behalf of the other unless otherwise expressly authorized in a written document signed by both parties.
6.2 Nothing in the Agreement will prohibit Snagajob from performing similar services for entities other than Shifts Client during the term of this Agreement, so long as Snagajob’s actions do not otherwise violate the terms of this Agreement.
7. Snagajob Workers.
7.2 If Shifts Client hires a Snagajob Worker for a full or part-time employment position with Shifts Client, Shifts Client agrees to notify Snagajob immediately and pay Snagajob the Hiring Fee specified in the Sales Order. Notwithstanding anything to the contrary in the Agreement if Shifts Client hires a Snagajob Worker for either a full time or part time position, Snagajob will be released of all legal and financial responsibilities with respect to that Snagajob Worker and its relationship with Shifts Client, effective the date the Snagajob Worker is hired by the Shifts Client.
7.3 Shifts Client agrees that it will not place any Snagajob Worker in a position covered by an employment security clause under a collective bargaining agreement.
8. Confidentiality.
8.1 Snagajob and Shifts Client each (a “Receiving Party”) will hold in confidence, and will use solely for purposes of or as provided in the Agreement, any Confidential Information received by it from the other (a “Disclosing Party”) or derived from Confidential Information received from the other, and will protect the confidentiality of such with the same degree of care that it exercises with respect to its own information of like import, but in no event less than reasonable care, for a period of three years from the date of termination of the Agreement.
8.2 If a Receiving Party is required by legal, judicial or administrative process or applicable laws (including federal securities laws) to disclose Confidential Information of the other party, the party required to disclose such information will give the other party notice of the required disclosure and cooperate, at the expense of the other party, in seeking to quash or limit the disclosure.
8.3 All material containing Confidential Information of the other party will at the request of the other party be returned or destroyed upon termination of the Agreement, excluding materials that a Receiving Party is required to retain by applicable law or internal retention policies, or that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system.
8.4 Any breach of the restrictions on use of Confidential Information hereunder will cause irreparable injury and the party disclosing such Confirmation Information has, without limitation, the right to seek injunctive relief, without bond and without prejudice to any other rights and remedies that may be available at law or equity for a breach or threatened breach of such restrictions.
8.5 “Confidential Information” means proprietary or trade secret information which, if disclosed in tangible or electronic form bears a confidentiality legend and if disclosed orally is identified as confidential at the time of disclosure or is information of a type that a reasonable person would understand is confidential or proprietary.
9. Insurance/Waiver.
Snagajob will maintain workers’ compensation insurance for the benefit of the Snagajob Workers consistent with the applicable law in any state in which Snagajob Workers are performing services for Shifts Client. Snagajob does not furnish insurance to the Shifts Client for employment practices liability. In the event of a claim against the Shifts Client alleging wrongful termination, harassment, discrimination, failure to accommodate, retaliation, or any other unlawful employment practice by a Snagajob Worker, Shifts Client will immediately notify Snagajob. Snagajob may assist Shifts Client in investigating and responding to such claim and Shifts Client will hold Snagajob harmless against any and all potential liabilities, losses or damages (including penalties, costs, attorney fees and liability to third parties). Snagajob assumes no liability which may arise out of the Shifts Client’s independent management decisions, actions, or non-actions concerning Snagajob Worker. Snagajob does not furnish insurance to the Shifts Client and assumes no responsibility for liabilities, losses, or damages resulting from Snagajob Worker dishonesty. If any Snagajob Worker is required to deal with confidential information, cash, or high value items when performing duties for the Shifts Client, Shifts Client acknowledges sole responsibility to maintain adequate supervision, procedures, and controls for such activities and to obtain such bonding or fidelity insurance as Shifts Client deems necessary in connection with its responsibility for such activities.
10. Indemnification.
10.1 Each Party agrees to indemnify, defend, and hold harmless the other party, including its subsidiaries, affiliates, and related companies and its respective directors, officers, agents, and employees (the “Indemnified Parties”) from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees) claimed by a third party to the extent that such arise directly out of: (i) the indemnifying party’s material breach of the Agreement or the Terms; or (ii) the indemnifying party’s breach of any applicable law.
10.2 Snagajob is not responsible for any losses related to the acts or omissions of third parties on which Snagajob has relied in providing services hereunder, including, but not limited to, reliance on third party providers of background check services.
10.3 Snagajob will indemnify, defend, and hold the Shifts Client Indemnified Parties harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees) based upon, any workers’ compensation claim brought by a Snagajob Worker against Shifts Client arising out of the Services provided by a Snagajob Worker pursuant to this Agreement that are within the scope of Services that Snagajob has assigned the Snagajob Worker to provide.
10.4 Shifts Client will indemnify, defend, and hold the Snagajob Indemnified Parties harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees), based upon any workers’ compensation claim brought by a Snagajob Worker, governmental body or third-party against Snagajob that arises out of Shifts Client’s assignment of a Snagajob Worker to perform services outside of the scope of the Services that Snagajob has assigned the Snagajob Worker to provide or based upon the negligence of the Shifts Client and brought by a third party.
10.5 Each Party will inform the other within 15 days of the receipt of any claim, demand, or notice for which indemnification hereunder may be sought.
10.6. The Indemnified Party will have the right to control the defense and settlement of any claim for which it seeks indemnification, including the right to select counsel. The indemnified party will provide reasonable cooperation to the indemnifying party in investigating and defending against any claim for which indemnification is sought. Each party’s duty to indemnify the other party is subject to the indemnified party providing the indemnifying party with prompt (within 15 days of the receipt) written notice of the claim, except that any failure to give prompt notice will only relieve the indemnifying Party of its indemnification obligations hereunder to the extent such failure materially prejudices such Party.
11. Disclaimer of Warranties.
THE REPRESENTATIONS AND WARRANTIES MADE BY SNAGAJOB IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED
12. Limitation of Liability.
EXCEPT FOR CLAIMS FOR INDEMNIFICATION UNDER SECTION 11 ABOVE, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID OR DUE HEREUNDER IN THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
13. Notices.
All notices or other communications required or permitted under this Agreement will be in writing and will be effective either when delivered personally to the party for whom intended, or three days following the deposit of the same into the United States mail (certified mail, return receipt requested, or first-class postage prepaid), addressed to such party at the address set forth in the Sales Order. A copy of any notice to Snagajob will be sent to [email protected].
14. Miscellaneous.
14.1 The following Sections will survive the termination or expiration of this Agreement: Sections 2, 3, 9 and 11. Any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement will also survive any expiration or termination.
14.2 Neither party may assign any Sales Order, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld; provided that Snagajob may assign its rights and obligations under this Agreement, in whole or in part, without the Shifts Client’s consent, as follows: (i) to any Snagajob affiliate; or (ii) in connection with the sale of a subsidiary, business segment, division, business unit, or product line or other divestment or sale or disposition of assets or any merger, stock purchase, or other acquisition involving Snagajob. Any attempted assignment by a party not in accordance herewith will be null and void and of no force or effect.
14.3 ALL DISPUTES RELATED TO THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION AND SHALL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
14.4 Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
14.5 If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
14.6 The Agreement constitutes the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
EXHIBIT A: SCHEDULING CODE OF CONDUCT
1. A “Posted Shift” is defined as one where a Shifts Client, using the Website or App confirms a location, date, start and end time, and position for which Shifts Client needs Snagajob to find a qualified Snagajob Worker. A “Scheduled Shift Amount” is the amount of money due per the terms of the Posted Shift and the Sales Order
2. Snagajob will offer the Posted Shifts to the Snagajob Workers.
3. If Snagajob has not confirmed a Snagajob Worker for Shifts Client’s Posted Shift, no payment will be due from Shifts Client for such Posted Shift and Snag will have no responsibility or liability to Shifts Client for such Posted Shift.
4. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Shifts Client may cancel the Posted Shift without penalty.
5. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is scheduled to begin within 24 to 2 hours and Shifts Client wishes to cancel the Posted Shift, Shifts Client will pay 50 percent of the Scheduled Shift Amount. If Shifts Client cancels the confirmed Posted Shift within 2 hours of shift start, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
6. In the event that a Snagajob Worker has begun working a Posted Shift and Shifts Client sends the Snagajob Worker home before the Posted Shift is scheduled to end, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
7. If Shifts Client wishes to extend a Posted Shift for a Snagajob Worker after the Snagajob Worker has begun working and the Snagajob Worker has agreed to the extension, Shifts Client will pay for the total amount worked by the Snagajob Worker instead of the Scheduled Shift Amount, as determined by the number of hours actually worked and the terms of the Sales Order. Snagajob Worker is under no obligation to work beyond the end time set forth in the Posted Shift.
8. Within 36 hours of receipt of notification to approve a Snagajob Worker’s hour, Shifts Client will review, revise as needed, and approve the Snagajob Worker’s hours. If Shifts Client does not review and approve a Snagajob Worker’s hour within 36 hours, the Snagajob Worker’s reported hours will be deemed to reflect actual hours worked, will bill Shifts Client accordingly, and Shifts Client will accept the charges.
END OF SHIFTS TERMS
Effective July 23, 2021 to July 23, 2021
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Snagajob Shifts Terms
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated Date: July 23, 2021
Please read these Snagajob Shifts Terms (the “Shifts Terms”) to the Snagajob General Terms of Use (these “General Terms of Use”) carefully.
These Shifts Terms apply to all client employers who are accessing the Website or using the Services to post solicitation of Snagajob Workers (as defined below) to fill shifts (“Shifts Clients”) or otherwise access any Services designed for Shifts Clients (“Shifts Services”). These Shifts Terms do not apply to the posting of job openings for Job Seekers (which Services are governed by the Employer Terms. These Shifts Terms also govern any Sales Order (as defined below) entered into between you, the Shifts Client, and Snagajob.
THESE SHIFTS TERMS, AS INCORPORATED INTO THE GENERAL TERMS OF USE, AND COMBINED WITH ANY AND ALL SALES ORDERS ENTERED INTO BY SNAGAJOB AND YOU, THE EMPLOYER (“SALES ORDERS”) SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AS A SHIFTS CLIENT OR RELATED TO SHIFTS SERVICES (COLLECTIVELY, THE “AGREEMENT”). THESE SHIFTS TERMS REPLACE THE SHIFTS TERMS OF USE AS OF THE EFFECTIVE DATE SET FORTH ABOVE AND ALL REFERENCES TO THE SHIFTS TERMS OF USE SHALL BE DEEMED TO BE REFERENCES TO THESE SHIFTS TERMS. THESE SHIFT TERMS SHALL NOT APPLY TO A SALES ORDER IF THE SHIFTS CLIENT AND SNAGAJOB HAVE MUTUALLY EXECUTED A MASTER SERVICE AGREEMENT OR SIMILAR DOCUMENT THAT DOES NOT INCORPORATE THESE SHIFTS TERMS OR THE SHIFTS TERMS OF USE (AN “MSA”) AND ANY PROVISION OF THE GENERAL TERMS THAT IS INCONSISTENT WITH THE MSA WILL BE OF NO FORCE OR EFFECT.
These Shifts Terms are hereby incorporated into the General Terms of Use. To the extent that there is any conflict between these Shifts Terms and the General Terms of Use, the provision(s) in these Shifts Terms will prevail, but solely to the extent such conflict exists. To the extent that there is any conflict between these Shift Terms and a Sales Order, the provision(s) in the Sales Order will prevail, but solely to the extent such conflict exists. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Terms of Use. We may at our sole discretion modify these Shifts Terms on a going-forward basis. We will post notice of date of the most recent update by revising the header at the top of this document.
EVERY TIME SHIFTS CLIENT USES THE SHIFTS SERVICES, SHIFTS CLIENT ACKNOWLEDGES AND AGREES TO THESE SHIFTS TERMS AND THE GENERAL TERMS OF USE
1. Shifts Services.
1.1 Shifts Client and Snagajob agree that Snagajob will provide or make available to Shifts Client, and Shifts Client will purchase and pay for, the Shifts services which will include recruitment, onboarding, and staffing with Snagajob Workers to fill shifts (“Shifts Services”).
1.2 “Snagajob Workers” means workers recruited, screened, background checked and employed by Snagajob who are available to fill shifts that Shifts Client posts to the Snagajob application (the “App”).
1.3 Provision of the Shifts Services is subject to the Scheduling Code of Conduct, attached as Exhibit A to these Shifts Terms.
2. Payments.
2.1 Shifts Client agrees to pay for all of the Shifts Services at the prices and rates specified in the Sales Order without offset or deduction.
2.2 Shifts Services and Hiring Fees will be billed to Shifts Client’s credit card weekly or paid by ACH transfer weekly.
2.3 If any such payment is not paid when due hereunder Snagajob may suspend the delivery of Shifts Services to Shifts Client until payment is made. Shifts Client agrees to pay Snagajob interest on such overdue payment at the rate of 1.5% per month, or the highest rate permitted by applicable law, whichever is lower, and to reimburse Snagajob on demand for all costs of collection incurred by Snagajob, including, without limitation, reasonable attorneys’ fees and costs.
3. Term and Termination of Sales Orders
3.2 Shifts Client may terminate a Sales Order prior to the applicable scheduled termination date(s) if (i) Snagajob ceases its business activities, makes a general assignment for the benefit of creditors, or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding or (ii) Shifts Client gives 30 days written notice of termination to Snagajob.
3.3 Snagajob may terminate a Sales Order prior to the applicable scheduled termination date(s) if: (i) Shifts Client breaches any provision of the Agreement; (ii) Shifts Client ceases its business activities, makes a general assignment for the benefit of creditors or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding; or (iii) Snagajob gives 30 days written notice of termination to Shifts Client.
3.4 Shifts Client will pay all fees owed for Shifts Services performed, or Hiring Fees incurred, through the termination date of a Sales Order.
4. Snagajob Obligations. Snagajob will:
4.2 be responsible for recruiting, screening and obtaining background checks on all Snagajob Workers;
4.3 provide employee benefits and timely pay Snagajob Workers for all Services they perform for Shifts Client pursuant to the Agreement and be solely responsible for the withholding and payment of any payroll deductions and taxes;
4.4 direct and control Snagajob Workers in hiring, compensation, scheduling, discipline, and termination;
4.5 be responsible for compliance with the Affordable Care Act (“ACA”) as it may pertain to the Snagajob Workers;
4.6 treat all Snagajob Workers as non-exempt, in order to ensure accurate calculation of fees and proper withholding and reporting of taxes;
4.7 not offer to settle or compromise any claim brought by a Snagajob Worker against Shifts Client except with Shifts Client’s advance written consent.
4.8 Cooperate with Shifts Client in the investigation and remediation of complaints involving Workers.
5. Shifts Client Obligations. Shifts Client will:
5.1 comply with all applicable federal, state and local laws and regulations that apply to Shifts Client and the worksite to which Workers are assigned;
5.2 not permit its managers to cause a Snagajob Worker to work time that is not recorded to Snagajob or is otherwise “off the clock” and not pay any wages or salaries directly to any Snagajob Worker without first (i) informing Snagajob in writing of such payment (ii) obtaining Snagajob’s prior written consent;
5.3 be solely responsible for the direction and control of the Snagajob Workers, including the sole and exclusive right to control working conditions and day-to-day job duties while the Snagajob Worker is at Shifts Client’s work location. Shifts Client expressly absolves Snagajob of any responsibility for matters under Shifts Client’s direction and control;
5.4 provide, at its own cost, all tools, safety and work equipment, supplies, and specialized clothing, in good condition, that may be required for the performance of work by Snagajob Workers in the normal course of proving the Services (but not equipment required by Snagajob Workers due to their individual needs);
5.5 not change the Services a Snagajob Worker is asked to perform or the risks associated with the Services without Snagajob’s prior written approval;
5.6 direct, control, supervise and safeguard its premises, systems and valuables (including cash, check, credit cards, keys and merchandise) and assign Snagajob Worker only to attended premises and not request or permit a Snagajob Worker to use any vehicle or heavy equipment in connection with the provision of Services;
5.7 cooperate with Snagajob in the investigation and remediation of complaints involving Workers and maintain policies prohibiting discrimination, harassment and retaliation against Snagajob Workers and to provide reasonable avenues to permit Workers to complain about any such actual or perceived violation;
5.8 provide Snagajob Workers with a work environment free from recognized hazards that are causing or likely to cause serious illness or injury in compliance with all applicable Occupational Safety and Health Act (“OSHA”) and other workplace safety requirements and be responsible for reporting incidents with regard to Snagajob Workers in compliance with the requirements of OSHA and provide Snagajob Workers with information and training with respect to any hazardous substances or conditions to which Snagajob Workers may be exposed at the worksite, as required by law.
6. Independent Contractor Relationship.
6.1. The relationship between Snagajob and Shifts Client is that of independent contractors. Nothing herein is intended to or will be deemed or construed to create a joint venture, partnership or agency relationship between the parties for any purpose, or to impose upon the parties any of the duties or responsibilities of partners, joint venturers, or agents. Neither party has the authority to make any representation, contract or commitment on behalf of the other unless otherwise expressly authorized in a written document signed by both parties.
6.2 Nothing in the Agreement will prohibit Snagajob from performing similar services for entities other than Shifts Client during the term of this Agreement, so long as Snagajob’s actions do not otherwise violate the terms of this Agreement.
7. Snagajob Workers.
7.2 If Shifts Client hires a Snagajob Worker for a full or part-time employment position with Shifts Client, Shifts Client agrees to notify Snagajob immediately and pay Snagajob the Hiring Fee specified in the Sales Order. Notwithstanding anything to the contrary in the Agreement if Shifts Client hires a Snagajob Worker for either a full time or part time position, Snagajob will be released of all legal and financial responsibilities with respect to that Snagajob Worker and its relationship with Shifts Client, effective the date the Snagajob Worker is hired by the Shifts Client.
7.3 Shifts Client agrees that it will not place any Snagajob Worker in a position covered by an employment security clause under a collective bargaining agreement.
8. Confidentiality.
8.1 Snagajob and Shifts Client each (a “Receiving Party”) will hold in confidence, and will use solely for purposes of or as provided in the Agreement, any Confidential Information received by it from the other (a “Disclosing Party”) or derived from Confidential Information received from the other, and will protect the confidentiality of such with the same degree of care that it exercises with respect to its own information of like import, but in no event less than reasonable care, for a period of three years from the date of termination of the Agreement.
8.2 If a Receiving Party is required by legal, judicial or administrative process or applicable laws (including federal securities laws) to disclose Confidential Information of the other party, the party required to disclose such information will give the other party notice of the required disclosure and cooperate, at the expense of the other party, in seeking to quash or limit the disclosure.
8.3 All material containing Confidential Information of the other party will at the request of the other party be returned or destroyed upon termination of the Agreement, excluding materials that a Receiving Party is required to retain by applicable law or internal retention policies, or that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system.
8.4 Any breach of the restrictions on use of Confidential Information hereunder will cause irreparable injury and the party disclosing such Confirmation Information has, without limitation, the right to seek injunctive relief, without bond and without prejudice to any other rights and remedies that may be available at law or equity for a breach or threatened breach of such restrictions.
8.5 “Confidential Information” means proprietary or trade secret information which, if disclosed in tangible or electronic form bears a confidentiality legend and if disclosed orally is identified as confidential at the time of disclosure or is information of a type that a reasonable person would understand is confidential or proprietary.
9. Insurance/Waiver.
Snagajob will maintain workers’ compensation insurance for the benefit of the Snagajob Workers consistent with the applicable law in any state in which Snagajob Workers are performing services for Shifts Client. Snagajob does not furnish insurance to the Shifts Client for employment practices liability. In the event of a claim against the Shifts Client alleging wrongful termination, harassment, discrimination, failure to accommodate, retaliation, or any other unlawful employment practice by a Snagajob Worker, Shifts Client will immediately notify Snagajob. Snagajob may assist Shifts Client in investigating and responding to such claim and Shifts Client will hold Snagajob harmless against any and all potential liabilities, losses or damages (including penalties, costs, attorney fees and liability to third parties). Snagajob assumes no liability which may arise out of the Shifts Client’s independent management decisions, actions, or non-actions concerning Snagajob Worker. Snagajob does not furnish insurance to the Shifts Client and assumes no responsibility for liabilities, losses, or damages resulting from Snagajob Worker dishonesty. If any Snagajob Worker is required to deal with confidential information, cash, or high value items when performing duties for the Shifts Client, Shifts Client acknowledges sole responsibility to maintain adequate supervision, procedures, and controls for such activities and to obtain such bonding or fidelity insurance as Shifts Client deems necessary in connection with its responsibility for such activities.
10. Indemnification.
10.1 Each Party agrees to indemnify, defend, and hold harmless the other party, including its subsidiaries, affiliates, and related companies and its respective directors, officers, agents, and employees (the “Indemnified Parties”) from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees) claimed by a third party to the extent that such arise directly out of: (i) the indemnifying party’s material breach of the Agreement or the Terms; or (ii) the indemnifying party’s breach of any applicable law.
10.2 Snagajob is not responsible for any losses related to the acts or omissions of third parties on which Snagajob has relied in providing services hereunder, including, but not limited to, reliance on third party providers of background check services.
10.3 Snagajob will indemnify, defend, and hold the Shifts Client Indemnified Parties harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees) based upon, any workers’ compensation claim brought by a Snagajob Worker against Shifts Client arising out of the Services provided by a Snagajob Worker pursuant to this Agreement that are within the scope of Services that Snagajob has assigned the Snagajob Worker to provide.
10.4 Shifts Client will indemnify, defend, and hold the Snagajob Indemnified Parties harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees), based upon any workers’ compensation claim brought by a Snagajob Worker, governmental body or third-party against Snagajob that arises out of Shifts Client’s assignment of a Snagajob Worker to perform services outside of the scope of the Services that Snagajob has assigned the Snagajob Worker to provide or based upon the negligence of the Shifts Client and brought by a third party.
10.5 Each Party will inform the other within 15 days of the receipt of any claim, demand, or notice for which indemnification hereunder may be sought.
10.6. The Indemnified Party will have the right to control the defense and settlement of any claim for which it seeks indemnification, including the right to select counsel. The indemnified party will provide reasonable cooperation to the indemnifying party in investigating and defending against any claim for which indemnification is sought. Each party’s duty to indemnify the other party is subject to the indemnified party providing the indemnifying party with prompt (within 15 days of the receipt) written notice of the claim, except that any failure to give prompt notice will only relieve the indemnifying Party of its indemnification obligations hereunder to the extent such failure materially prejudices such Party.
11. Disclaimer of Warranties.
THE REPRESENTATIONS AND WARRANTIES MADE BY SNAGAJOB IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED
12. Limitation of Liability.
EXCEPT FOR CLAIMS FOR INDEMNIFICATION UNDER SECTION 11 ABOVE, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID OR DUE HEREUNDER IN THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
13. Notices.
All notices or other communications required or permitted under this Agreement will be in writing and will be effective either when delivered personally to the party for whom intended, or three days following the deposit of the same into the United States mail (certified mail, return receipt requested, or first-class postage prepaid), addressed to such party at the address set forth in the Sales Order. A copy of any notice to Snagajob will be sent to [email protected].
14. Miscellaneous.
14.1 The following Sections will survive the termination or expiration of this Agreement: Sections 2, 3, 9 and 11. Any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement will also survive any expiration or termination.
14.2 Neither party may assign any Sales Order, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld; provided that Snagajob may assign its rights and obligations under this Agreement, in whole or in part, without the Shifts Client’s consent, as follows: (i) to any Snagajob affiliate; or (ii) in connection with the sale of a subsidiary, business segment, division, business unit, or product line or other divestment or sale or disposition of assets or any merger, stock purchase, or other acquisition involving Snagajob. Any attempted assignment by a party not in accordance herewith will be null and void and of no force or effect.
14.3 ALL DISPUTES RELATED TO THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION AND SHALL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
14.4 Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
14.5 If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
14.6 The Agreement constitutes the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
EXHIBIT A: SCHEDULING CODE OF CONDUCT
1. A “Posted Shift” is defined as one where a Shifts Client, using the Website or App confirms a location, date, start and end time, and position for which Shifts Client needs Snagajob to find a qualified Snagajob Worker. A “Scheduled Shift Amount” is the amount of money due per the terms of the Posted Shift and the Sales Order
2. Snagajob will offer the Posted Shifts to the Snagajob Workers.
3. If Snagajob has not confirmed a Snagajob Worker for Shifts Client’s Posted Shift, no payment will be due from Shifts Client for such Posted Shift and Snag will have no responsibility or liability to Shifts Client for such Posted Shift.
4. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Shifts Client may cancel the Posted Shift without penalty.
5. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is scheduled to begin within 24 to 2 hours and Shifts Client wishes to cancel the Posted Shift, Shifts Client will pay 50 percent of the Scheduled Shift Amount. If Shifts Client cancels the confirmed Posted Shift within 2 hours of shift start, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
6. In the event that a Snagajob Worker has begun working a Posted Shift and Shifts Client sends the Snagajob Worker home before the Posted Shift is scheduled to end, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
7. If Shifts Client wishes to extend a Posted Shift for a Snagajob Worker after the Snagajob Worker has begun working and the Snagajob Worker has agreed to the extension, Shifts Client will pay for the total amount worked by the Snagajob Worker instead of the Scheduled Shift Amount, as determined by the number of hours actually worked and the terms of the Sales Order. Snagajob Worker is under no obligation to work beyond the end time set forth in the Posted Shift.
8. Within 36 hours of receipt of notification to approve a Snagajob Worker’s hour, Shifts Client will review, revise as needed, and approve the Snagajob Worker’s hours. If Shifts Client does not review and approve a Snagajob Worker’s hour within 36 hours, the Snagajob Worker’s reported hours will be deemed to reflect actual hours worked, will bill Shifts Client accordingly, and Shifts Client will accept the charges.
END OF SHIFTS TERMS
Effective January 26, 2021 to July 23, 2021
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Shifts Terms of Use
These Shifts Terms of Use (“Terms”) apply to and govern each Shifts by Snagajob Sales Order Agreement (“Sales Order”) entered into by and between Snag.Work LLC (“Snagajob”) and the Client indicated on the Agreement (“Client”). Collectively, these Terms and the Sales Order are referred to as the Agreement.
1. SERVICES
1.1 Shifts by Snagajob. Snagajob will provide scheduling of the Client’s Current Employees and an on demand Snagajob Crew, Alumni Crew or Shared Crew to fill shifts (collectively “Services”).
1.1.1 “Snagajob Crew” means workers recruited, screened, background checked and employed by Snagajob who are available to fill shifts posted by the Client to the Snagajob application (the “App”) and in accordance with the Scheduling Code of Conduct, attached as Exhibit A.
1.1.2 “Alumni Crew” means workers who have worked for a Snagajob customer in the same brand as Client in the last 12 months and who are recommended by a customer and employed by Snagajob to fill shifts posted by the Client to the App and in accordance with the Scheduling Code of Conduct, attached as Exhibit A. Alumni Crew workers do not have a background check completed by Snagajob.
1.1.3 “Shared Crew” means workers who are current employees of a Snagajob customer in the same brand as and are employees of Snagajob and who are available to fill shifts posted by Client to the App and in accordance with the Scheduling Code of Conduct, attached as Exhibit A. Shared Crew workers do not have a background check completed by Snagajob.
1.1.4 “Current Employees” means workers employed by the Client for whom the Client uses the Snagajob App to fill shifts.
1.1.5 “Snagajob Worker” means a Snagajob Crew, Alumni Crew or Shared Crew worker provided by Snagajob pursuant to the Agreement.
1.1.6 “Workers” means Snagajob Workers and Current Employees collectively.
2. PAYMENT
2.1 Client agrees to pay for all of the Services at the prices and rates specified in the Sales Order without offset or deduction.
2.2 Services will be billed to Client’s credit card weekly or paid by ACH transfer weekly. Subscription fees will be billed to Client’s credit card monthly.
2.3 If any payment is not paid when due hereunder, Client agrees to pay Snagajob interest on such overdue payment at the rate of 1-1/2% per month, or the highest rate permitted by applicable law, whichever is lower, and to reimburse Snagajob on demand for all costs of collection incurred by Snagajob, including, without limitation, its reasonable attorneys’ fees and costs.
3. ROLE OF WORKERS
3.1 Client is solely responsible for the direction and control of the Workers, including the sole and exclusive right to control working conditions and day-to-day job duties. Snagajob will have no responsibilities or liability with regard to the Client’s direction and control of the Workers. Client expressly absolves Snagajob of any responsibility for matters under Client’s direction and control.
3.2 Client will promptly send Snagajob copies of demands, notices, claims, summons and other legal filings brought by any Snagajob Worker which arises from or relates to any of the relationships contemplated herein. Client will cooperate with Snagajob in the investigation and remediation of complaints involving Snagajob Workers. Snagajob will not offer to settle or compromise any claim brought by a Snagajob Worker against Client except with Client’s advance written consent. In the event Client settles or compromises any claim brought by a Snagajob Worker, Client will include Snagajob as a released entity in any written settlement document.
4. INDEPENDENT CONTRACTOR RELATIONSHIP
4.1 The relationship between Snagajob and Client is that of independent contractors. Nothing herein is intended to or will be deemed or construed to create a joint venture, partnership or agency relationship between the parties for any purpose, or to impose upon the parties any of the duties or responsibilities of partners, joint venturers, or agents. Neither party has the authority to make any representation, contract or commitment on behalf of the other unless otherwise expressly authorized in a written document signed by both parties.
4.2 Nothing in the Agreement will prohibit Snagajob from performing similar services for entities other than Client during the term of the Agreement, so long as Snagajob’s actions do not otherwise violate the terms of this Agreement.
5. TERM AND TERMINATION
5.1 The term will be as set out in the Sales Order.
5.2 In the event of a termination of the Sales Order, Client will pay all fees owed for Services performed or hiring fees incurred through the termination date of the Sales Order.
6. SNAGAJOB WORKERS
6.1 Snagajob will pay Snagajob Workers for all services they perform for Client pursuant to this Agreement. Client will pay Current Employees for all services they perform for Client. Client agrees and warrants that at no time will it or its managers cause a Snagajob Worker to work time that is not recorded to Snagajob or is otherwise “off the clock.” Client will timely and accurately provide the information necessary for Snagajob to process payroll for the Snagajob Workers, including but not limited to review and approval of Snagajob Worker timesheets, hours worked, rates of pay, and payments owed. In the event that a time record is determined to be inaccurate, regardless of the reason, Client will be responsible for any additional wages owed to Snagajob Worker and related costs or penalties, if any, and will promptly remit to Snagajob the funds necessary to correct any payroll deficiency. Snagajob will treat all Snagajob Workers as non-exempt. In order to ensure accurate calculation of fees and proper withholding and reporting of taxes, Client agrees not to pay any wages or salaries directly to any Snagajob Worker without informing Snagajob in writing of such payment and obtaining Snagajob’s written consent to do so. will. Client agrees to immediately forward to Snagajob any order or notice of garnishment, involuntary deduction, IRS lien or other legal process received by Client affecting wages paid to a Snagajob Worker and, if requested by Snagajob, to sign such documents as are necessary to authorize Snagajob to act on Client’s behalf in responding to such legal process. Client will be solely responsible for all noncompliance penalties and liabilities resulting from Client’s failure to timely forward such legal process to Snagajob or to sign required authorization documents.
6.2 It is the express intent of the parties that Snagajob Workers will be employees of Snagajob and not of Client. The parties agree that Snagajob Workers dictate their own availability, and the Snagajob Workers have full discretion as to whether to accept shifts offered by Client through Snagajob. It is expressly agreed that Snagajob retains control over hiring and compensating Snagajob Workers who perform services pursuant to this Agreement.
6.3 In the event that Client hires a Snagajob Crew worker for a full or part-time employment position with Client, Client agrees to notify Snagajob immediately and pay Snagajob a cost per hire amount as specified in the Agreement. Notwithstanding anything to the contrary in the Agreement if Client hires a Snagajob Crew worker for either a full time or part time position, Snagajob will be released of all legal and financial responsibilities with respect to that Snagajob Crew worker and its relationship with Client, effective the date the Snagajob Crew worker is hired by the Client.
6.4 Client acknowledges and agrees that it will not place any Snagajob Worker in a position covered by an employment secuirity clause under a collective bargaining agreement.
6.5 Snagajob will not directly solicit Current Employees to become Snagajob Workers based on the information provided by Client but may hire such Current Employees if they apply to become Snagajob Crew workers.
7. CONFIDENTIALITY
7.2 “Confidential Information” as used in these Terms means information disclosed by either Snagajob or Client; (the “Disclosing Party”) to the other party (“Receiving Party”) that (1) if disclosed in tangible or electronic form bears a confidentiality legend, (2) if disclosed orally is identified as confidential at the time of disclosure or is information of a type or nature that a reasonable person would understand is confidential or proprietary. Confidential Information will include, without limitation, (a) concepts and ideas relating to the development and distribution of content in any medium or to the current, future and proposed products or services of the Disclosing Party or its subsidiaries or affiliates; (b) trade secrets (including but not limited to recipes and product formulations), drawings, inventions, know-how, software programs, and software source documents; (c) information regarding plans for research, development, new service offerings or products, marketing and selling, business plans, business forecasts, budgets and unpublished financial statements, licenses and distribution arrangements, prices and costs, suppliers and customers; (d) existence of any business discussions, negotiations or agreements between the parties; and (e) any information regarding the skills and compensation of employees, contractors or other agents of the disclosing party or its subsidiaries or affiliates.
7.3 Receiving Party agrees that all Confidential Information furnished to it by the Disclosing Party and its designated representatives, whether orally or by means of written material, and including Confidential Information furnished prior to the date of this Agreement, (a) will be deemed proprietary and will be held by the Receiving Party in strict confidence; (b) will not be disclosed or revealed or shared with any other person except for the Receiving Party’s professional advisors in connection with any defense of claim with respect to an alleged disclosure of any such Confidential Information or those individuals or entities specifically authorized by the Disclosing Party in advance; and (c) will not be used other than for purposes of, and in connection with, the performance of the Receiving Party’s obligations under this Agreement.
7.4 A Receiving Party’s obligations as set forth in this Section 7 will not apply with respect to any portion of the Confidential Information that: (a) was in the public domain at the time it was communicated to the Receiving Party; (b) entered the public domain through no fault of the Receiving Party, subsequent to the time it was communicated to Receiving Party by the Disclosing Party; (c) was in the Receiving Party’s possession free of any obligation of confidence at the time it was communicated to the Receiving Party by the Disclosing Party; (d) was rightfully communicated to the Receiving Party free of any obligation of confidence subsequent to the time it was communicated to the Receiving Party by the Disclosing Party; (e) was developed by employees or agents of the Disclosing Party independently of and without reference to any information communicated to the Receiving Party by the Disclosing Party; (f) was communicated by the Disclosing Party to an unaffiliated third party free of any obligation of confidence (g) was not labeled or identified as “Confidential” by the Disclosing Party prior to or at the time of disclosure to the Receiving Party, unless such information is of a type or nature that a reasonable person would understand is confidential.
7.5 All such material and any copies thereof will be promptly returned upon request of the Disclosing Party, or if agreed between Snagajob and Talent Pool Client, the Receiving Party may be permitted to Destroy such materials (and copies thereof). If Receiving Party Destroys such materials, the Receiving Party may retain one copy of the Confidential Information as necessary for compliance with laws and its data retention policies, provided that such copy will remain subject to the nondisclosure and confidentiality provisions of this Agreement. For information in electronic form or intangible media, “Destroy” as used in this Section means to delete or remove data from a file, file system or database software using the standard delete features of such software. The obligation to Destroy does not require the deletion or removal of data from backup or archival files that are only used for system recovery or data restoration purposes.
7.6 Each Party agrees that the obligations under this Section 7 are continuing and will survive the termination of this Agreement for a period of 2 years.
7.7 The Receiving Party acknowledges that any breach of the undertaking to maintain the confidentiality of the Disclosing Party’s Confidential Information will cause irreparable injury to the Disclosing Party and such Party will have the right to take such action it deems necessary to protect its rights hereunder, including without limitation, injunctive relief, without bond and without prejudice to any other rights and remedies as may be available to that party at law or equity for a breach or threatened breach of this or any other Section of this Agreement.
8. SAFETY AND COMPLIANCE WITH LAWS
8.2 Client will be solely responsible, at its own cost, to: (i) provide, in good condition, all tools, safety and work equipment, supplies, and specialized clothing that may be required for the performance of work by Snagajob Workers in the normal course of proving the Services (but not equipment required by Snagajob Worker due to his or her individual needs); (ii) provide Snagajob Workers with a work environment free from recognized hazards that are causing or likely to cause serious illness or injury in compliance with all applicable OSHA and other workplace safety requirements; (iii) provide Snagajob Workers with information and training with respect to any hazardous substances or conditions to which Snagajob Workers may be exposed at the worksite, as required by law; (iv) assign Snagajob Workers only to attended premises; (v) direct, control, supervise and safeguard its premises, processes and systems; and (vi) direct and supervise Snagajob Workers when handling cash, checks, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments or other valuables. Client will not: (i) request or permit a Snagajob Worker to use any vehicle in connection with the provision of Services; or (ii) change the Services a Snagajob Worker is asked to perform or the risks associated with the Services without Snagajob’s prior written approval.
8.3 Snagajob and Client will comply with all applicable federal, state and local laws and regulations as such laws and regulations pertain to the Workers and this Agreement. Client will also comply with all applicable federal, state, and local laws and regulations as such laws and regulations pertain to Client’s business generally, including without limitation, any food safety and health regulations, as applicable. Client agrees to maintain at all times policies prohibiting discrimination, harassment and retaliation against Snagajob Workers and to provide reasonable avenues to permit Snagajob Workers to complain about any such actual or perceived violations. Client will comply with all OSHA requirements and applicable laws concerning meal and rest breaks as they pertain to Snagajob Workers.
8.4 Client will comply with all laws governing Client’s business, including but not limited to required filings, licensing, government fees, taxes, fidelity bonding, insurance, facilities/building codes and regulations, and environmental compliance. If any Snagajob Worker is required to be licensed, registered, or certified under any federal, state, or municipal law or regulation, or to act under the supervision of such a licensed, registered or certified person or entity in performing the services, then any such Snagajob Worker will be deemed to be an employee of Client for such licensure purposes. Client will be solely responsible for verifying such licensure and/or providing the required supervision.
8.5 Snagajob will be responsible for compliance with the Affordable Care Act (“ACA”) as it may pertain to the Snagajob Workers, as well as for calculation of and payment of compensation to the Snagajob Workers.
9. INSURANCE/WAIVER
Snagajob will maintain workers’ compensation insurance for the benefit of the Snagajob Workers consistent with the applicable law in any state in which Snagajob Workers are performing Services for Client. Snagajob does not furnish insurance to the Client for employment practices liability. In the event of a claim against the Client alleging wrongful termination, harassment, discrimination, failure to accommodate, retaliation, or any other unlawful employment practice by a Snagajob Worker, Client will immediately notify Snagajob. Snagajob may assist Client in investigating and responding to such claim, and Client will hold Snagajob harmless against any and all potential liabilities, losses or damages (including penalties, costs, attorney fees and liability to third parties). Snagajob assumes no liability which may arise out of the Client’s independent management decisions, actions, or non-actions concerning Snagajob Workers. Snagajob does not furnish insurance to the Client and assumes no responsibility for liabilities, losses, or damages resulting from Snagajob Worker dishonesty. If any Snagajob Worker is required to deal with confidential information, cash, or high value items when performing duties for the Client, Client acknowledges sole responsibility to maintain adequate supervision, procedures, and controls for such activities and to obtain such bonding or fidelity insurance as Client deems necessary in connection with its responsibility for such activities.
10. INDEMNIFICATION
10.1 Each Party agrees to indemnify, defend, and hold harmless the other party, including its subsidiaries, affiliates, and related companies and its respective directors, officers, agents, and employees (the “Indemnified Parties”) from and against any and all liability, loss, damages, costs, attorneys’ fees, or other expenses of any kind, claimed by a third party unrelated to the party seeking indemnification for damages, injunction or other legal relief, to the extent that such arise directly out of: (i) the indemnifying party’s material breach of the Agreement or these Terms; or (ii) the indemnifying party’s breach of any applicable law.
10.2 Snagajob will indemnify, defend, and hold the Client Indemnified Parties harmless from and against any and all losses, liabilities, damages, claims, demands, suits, actions or judgments, and all costs and expenses, including attorneys’ fees, based upon, any workers’ compensation claim brought by a Snagajob Worker against Client arising out of the Services provided by a Snagajob Worker pursuant to this Agreement that are within the scope of Services that Snagajob has assigned the Worker to provide.
10.3 Client will indemnify, defend, and hold the Snagajob Indemnified Parties harmless from and against any and all losses, liabilities, damages, claims, demands, suits, actions or judgments, and all costs and expenses, including attorneys’ fees, based upon, any workers’ compensation claim brought by a Snagajob Worker against Snagajob that arises out of Client’s assignment of a Snagajob Worker to perform services outside of the scope of the Services that Snagajob has assigned the Snagajob Worker to provide or based upon the negligence of the Client and brough by a third party.
10.4 Each Party will inform the other within 15 days of the receipt of any claim, demand, or notice for which indemnification hereunder may be sought.
10.5 The indemnified party will have the right to control the defense of any claim for which it seeks indemnification, including the right to select counsel. The indemnified party will provide reasonable cooperation to the indemnifying party in investigating and defending against any claim for which indemnification is sought and will not settle any such claim without the indemnifying party’s consent, such consent not to be unreasonably withheld, conditioned or delayed.
11. Limitation of Liability.
SNAGAJOB AND ITS AFFILIATES WILL NOT BE LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) ANY PROPERTY DAMAGE OR LOSS, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE IN NO EVENT WILL THE LIABILITY OF SNAGAJOB OR THEIR AFFILIATES UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID OR DUE HEREUNDER IN THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
12. NOTICES
All notices or other communications required or permitted under this Agreement will be in writing and will be effective either when delivered personally to the Party for whom intended, or three days following the deposit of the same into the United States mail (certified mail, return receipt requested, or first class postage prepaid), addressed to such party at the address set forth in the Sales Order. A copy of any notice to Snagajob will be sent to [email protected].
13. MISCELLANEOUS
13.1 In any litigation or arbitral proceeding arising from or related to this Agreement, the prevailing party will be entitled to payment of all costs and fees from the non-prevailing party, including, without limitation, its reasonable attorneys’ fees and court or arbitration costs.
13.2 The following sections will survive the termination or expiration of this Agreement: Sections 2, 3, 4, 6, 7, 8, 10, 11 and 13. Any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement will also survive any expiration or termination.
13.4 Any claim for damages or other legal remedy under this Agreement must be brought within three (3) years from the date of the event from which such claim arises.
13.5 Except with regard to payment obligations, in no event will either Party be liable or responsible to the other Party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by any circumstances beyond such party’s reasonable control, including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest.
13.6 Neither Party may assign, or otherwise transfer, any of its obligations and rights under the terms of this Agreement except that Snagajob may assign its rights and obligations under this Agreement as follows: (i) to a purchaser of all or substantially all of Snagajob’s assets, (ii) to an entity that Snagajob owns or that is owned by Snagajob’s parent company, or (iii) with the advanced written consent of the other party.
13.7 This Agreement is governed by, and will be construed in accordance with, the laws of the Commonwealth of Virginia. The parties agree that the sole and exclusive venue for the resolution of any disputes hereunder will be the federal or state courts in Fairfax County, Virginia, and each party hereby consents to the jurisdiction of such courts.
13.8 The failure of either Party to exercise any of its rights or to enforce any of the provisions of this Agreement on any occasion will not be a waiver of such right or provision, nor will it prejudice the right of such Party to enforce such provision at any subsequent time.
13.9 In case any one or more of the provisions, subsections, or sentences contained in this Agreement will, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect the other provisions of this Agreement, and this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
13.10 This Agreement constitutes the final, complete, and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, relating to the subject matter herein.
EXHIBIT A: SCHEDULING CODE OF CONDUCT
- A “Posted Shift” is defined as one where a Client, using the Snagajob web application, confirms a location, date, start and end time, and position for which Client needs Snagajob to find a qualified Snagajob Worker. A “Scheduled Shift Amount” is the amount of money due per the terms of the Posted Shift and Exhibit B.
- Snagajob will offer the Posted Shifts to the Snagajob Workers.
- If Snagajob has not confirmed a Snagajob Worker for Client’s Posted Shift, no payment will be due from Talent Pool Client for such Posted Shift and Snag will have no responsibility or liability to Client for such Posted Shift.
- If Snagajob has confirmed a Snagajob Worker for Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Talent Client may cancel the Posted Shift without penalty.
- If Snagajob has confirmed a Snagajob Worker for Client’s Posted Shift and the shift is scheduled to begin within 24 to 2 hours and Client wishes to cancel the Posted Shift, Client will pay 50 percent of the Scheduled Shift Amount. If Client cancels the confirmed Posted Shift within 2 hours of shift start, Client will pay 100 percent of the Scheduled Shift Amount.
- In the event that a Snagajob Worker has begun working a Posted Shift and Client sends the Snagajob Worker home before the Posted Shift is scheduled to end, Client will pay 100 percent of the Scheduled Shift Amount.
- If Client wishes to extend a Posted Shift for a Snagajob Worker after the Snagajob Worker has begun working and the Snagajob Worker has agreed to the extension, Client will pay for the total amount worked by the Snagajob Worker instead of the Scheduled Shift Amount, as determined by the number of hours actually worked and the terms of Exhibit A. Snagajob Worker is under no obligation to work beyond the end time set forth in the Posted Shift.
- Within 36 hours of receipt of notification to approve a Snagajob Worker’s hours, Client will review, revise as needed, and approve the Snagajob Worker’s hours. Client does not review and approve a Snagajob Worker’s hours within 36 hours, Snagajob will assume the Snagajob Worker’s reported hours reflect actual hours worked, will bill Client accordingly, and Client will accept the charges.
Effective October 30, 2020 to January 26, 2021
DownloadTable of Contents
Shifts Terms of Use
These Shifts Terms of Use (“Terms”) apply to and govern each Shifts by Snagajob Sales Order Agreement (“Sales Order”) entered into by and between Snag.Work LLC (“Snagajob”) and the Client indicated on the Agreement (“Client”). Collectively, these Terms and the Sales Order are referred to as the Agreement.
1. SERVICES
1.1 Shifts by Snagajob. Snagajob will provide scheduling of the Client’s Current Employees and an on demand Snagajob Crew, Alumni Crew or Shared Crew to fill shifts (collectively “Services”).
1.1.1 “Snagajob Crew” means workers recruited, screened, background checked and employed by Snagajob who are available to fill shifts posted by the Client to the Snagajob application (the “App”) and in accordance with the Scheduling Code of Conduct, attached as Exhibit A.
1.1.2 “Alumni Crew” means workers who have worked for a Snagajob customer in the same brand as Client in the last 12 months and who are recommended by a customer and employed by Snagajob to fill shifts posted by the Client to the App and in accordance with the Scheduling Code of Conduct, attached as Exhibit A. Alumni Crew workers do not have a background check completed by Snagajob.
1.1.3 “Shared Crew” means workers who are current employees of a Snagajob customer in the same brand as and are employees of Snagajob and who are available to fill shifts posted by Client to the App and in accordance with the Scheduling Code of Conduct, attached as Exhibit A. Shared Crew workers do not have a background check completed by Snagajob.
1.1.4 “Current Employees” means workers employed by the Client for whom the Client uses the Snagajob App to fill shifts.
1.1.5 “Snagajob Worker” means a Snagajob Crew, Alumni Crew or Shared Crew worker provided by Snagajob pursuant to the Agreement.
1.1.6 “Workers” means Snagajob Workers and Current Employees collectively.
2. PAYMENT
2.1 Client agrees to pay for all of the Services at the prices and rates specified in the Sales Order without offset or deduction.
2.2 Services will be billed to Client’s credit card weekly or paid by ACH transfer weekly. Subscription fees will be billed to Client’s credit card monthly.
2.3 If any payment is not paid when due hereunder, Client agrees to pay Snagajob interest on such overdue payment at the rate of 1-1/2% per month, or the highest rate permitted by applicable law, whichever is lower, and to reimburse Snagajob on demand for all costs of collection incurred by Snagajob, including, without limitation, its reasonable attorneys’ fees and costs.
3. ROLE OF WORKERS
3.1 Client is solely responsible for the direction and control of the Workers, including the sole and exclusive right to control working conditions and day-to-day job duties. Snagajob will have no responsibilities or liability with regard to the Client’s direction and control of the Workers. Client expressly absolves Snagajob of any responsibility for matters under Client’s direction and control.
3.2 Client will promptly send Snagajob copies of demands, notices, claims, summons and other legal filings brought by any Snagajob Worker which arises from or relates to any of the relationships contemplated herein. Client will cooperate with Snagajob in the investigation and remediation of complaints involving Snagajob Workers. Snagajob will not offer to settle or compromise any claim brought by a Snagajob Worker against Client except with Client’s advance written consent. In the event Client settles or compromises any claim brought by a Snagajob Worker, Client will include Snagajob as a released entity in any written settlement document.
4. INDEPENDENT CONTRACTOR RELATIONSHIP
4.1 The relationship between Snagajob and Client is that of independent contractors. Nothing herein is intended to or will be deemed or construed to create a joint venture, partnership or agency relationship between the parties for any purpose, or to impose upon the parties any of the duties or responsibilities of partners, joint venturers, or agents. Neither party has the authority to make any representation, contract or commitment on behalf of the other unless otherwise expressly authorized in a written document signed by both parties.
4.2 Nothing in the Agreement will prohibit Snagajob from performing similar services for entities other than Client during the term of the Agreement, so long as Snagajob’s actions do not otherwise violate the terms of this Agreement.
5. TERM AND TERMINATION
5.1 The term will be as set out in the Sales Order.
5.2 In the event of a termination of the Sales Order, Client will pay all fees owed for Services performed or hiring fees incurred through the termination date of the Sales Order.
6. SNAGAJOB WORKERS
6.1 Snagajob will pay Snagajob Workers for all services they perform for Client pursuant to this Agreement. Client will pay Current Employees for all services they perform for Client. Client agrees and warrants that at no time will it or its managers cause a Snagajob Worker to work time that is not recorded to Snagajob or is otherwise “off the clock.” Client will timely and accurately provide the information necessary for Snagajob to process payroll for the Snagajob Workers, including but not limited to review and approval of Snagajob Worker timesheets, hours worked, rates of pay, and payments owed. In the event that a time record is determined to be inaccurate, regardless of the reason, Client will be responsible for any additional wages owed to Snagajob Worker and related costs or penalties, if any, and will promptly remit to Snagajob the funds necessary to correct any payroll deficiency. Snagajob will treat all Snagajob Workers as non-exempt. In order to ensure accurate calculation of fees and proper withholding and reporting of taxes, Client agrees not to pay any wages or salaries directly to any Snagajob Worker without informing Snagajob in writing of such payment and obtaining Snagajob’s written consent to do so. will. Client agrees to immediately forward to Snagajob any order or notice of garnishment, involuntary deduction, IRS lien or other legal process received by Client affecting wages paid to a Snagajob Worker and, if requested by Snagajob, to sign such documents as are necessary to authorize Snagajob to act on Client’s behalf in responding to such legal process. Client will be solely responsible for all noncompliance penalties and liabilities resulting from Client’s failure to timely forward such legal process to Snagajob or to sign required authorization documents.
6.2 It is the express intent of the parties that Snagajob Workers will be employees of Snagajob and not of Client. The parties agree that Snagajob Workers dictate their own availability, and the Snagajob Workers have full discretion as to whether to accept shifts offered by Client through Snagajob. It is expressly agreed that Snagajob retains control over hiring and compensating Snagajob Workers who perform services pursuant to this Agreement.
6.3 In the event that Client hires a Snagajob Crew worker for a full or part-time employment position with Client, Client agrees to notify Snagajob immediately and pay Snagajob a cost per hire amount as specified in the Agreement. Notwithstanding anything to the contrary in the Agreement if Client hires a Snagajob Crew worker for either a full time or part time position, Snagajob will be released of all legal and financial responsibilities with respect to that Snagajob Crew worker and its relationship with Client, effective the date the Snagajob Crew worker is hired by the Client.
6.4 Client acknowledges and agrees that it will not place any Snagajob at a location subject to a collective bargaining agreement.
6.5 Snagajob will not directly solicit Current Employees to become Snagajob Workers based on the information provided by Client but may hire such Current Employees if they apply to become Snagajob Crew workers.
7. CONFIDENTIALITY
7.2 “Confidential Information” as used in these Terms means information disclosed by either Snagajob or Client; (the “Disclosing Party”) to the other party (“Receiving Party”) that (1) if disclosed in tangible or electronic form bears a confidentiality legend, (2) if disclosed orally is identified as confidential at the time of disclosure or is information of a type or nature that a reasonable person would understand is confidential or proprietary. Confidential Information will include, without limitation, (a) concepts and ideas relating to the development and distribution of content in any medium or to the current, future and proposed products or services of the Disclosing Party or its subsidiaries or affiliates; (b) trade secrets (including but not limited to recipes and product formulations), drawings, inventions, know-how, software programs, and software source documents; (c) information regarding plans for research, development, new service offerings or products, marketing and selling, business plans, business forecasts, budgets and unpublished financial statements, licenses and distribution arrangements, prices and costs, suppliers and customers; (d) existence of any business discussions, negotiations or agreements between the parties; and (e) any information regarding the skills and compensation of employees, contractors or other agents of the disclosing party or its subsidiaries or affiliates.
7.3 Receiving Party agrees that all Confidential Information furnished to it by the Disclosing Party and its designated representatives, whether orally or by means of written material, and including Confidential Information furnished prior to the date of this Agreement, (a) will be deemed proprietary and will be held by the Receiving Party in strict confidence; (b) will not be disclosed or revealed or shared with any other person except for the Receiving Party’s professional advisors in connection with any defense of claim with respect to an alleged disclosure of any such Confidential Information or those individuals or entities specifically authorized by the Disclosing Party in advance; and (c) will not be used other than for purposes of, and in connection with, the performance of the Receiving Party’s obligations under this Agreement.
7.4 A Receiving Party’s obligations as set forth in this Section 7 will not apply with respect to any portion of the Confidential Information that: (a) was in the public domain at the time it was communicated to the Receiving Party; (b) entered the public domain through no fault of the Receiving Party, subsequent to the time it was communicated to Receiving Party by the Disclosing Party; (c) was in the Receiving Party’s possession free of any obligation of confidence at the time it was communicated to the Receiving Party by the Disclosing Party; (d) was rightfully communicated to the Receiving Party free of any obligation of confidence subsequent to the time it was communicated to the Receiving Party by the Disclosing Party; (e) was developed by employees or agents of the Disclosing Party independently of and without reference to any information communicated to the Receiving Party by the Disclosing Party; (f) was communicated by the Disclosing Party to an unaffiliated third party free of any obligation of confidence (g) was not labeled or identified as “Confidential” by the Disclosing Party prior to or at the time of disclosure to the Receiving Party, unless such information is of a type or nature that a reasonable person would understand is confidential.
7.5 All such material and any copies thereof will be promptly returned upon request of the Disclosing Party, or if agreed between Snagajob and Talent Pool Client, the Receiving Party may be permitted to Destroy such materials (and copies thereof). If Receiving Party Destroys such materials, the Receiving Party may retain one copy of the Confidential Information as necessary for compliance with laws and its data retention policies, provided that such copy will remain subject to the nondisclosure and confidentiality provisions of this Agreement. For information in electronic form or intangible media, “Destroy” as used in this Section means to delete or remove data from a file, file system or database software using the standard delete features of such software. The obligation to Destroy does not require the deletion or removal of data from backup or archival files that are only used for system recovery or data restoration purposes.
7.6 Each Party agrees that the obligations under this Section 7 are continuing and will survive the termination of this Agreement for a period of 2 years.
7.7 The Receiving Party acknowledges that any breach of the undertaking to maintain the confidentiality of the Disclosing Party’s Confidential Information will cause irreparable injury to the Disclosing Party and such Party will have the right to take such action it deems necessary to protect its rights hereunder, including without limitation, injunctive relief, without bond and without prejudice to any other rights and remedies as may be available to that party at law or equity for a breach or threatened breach of this or any other Section of this Agreement.
8. SAFETY AND COMPLIANCE WITH LAWS
8.2 Client will be solely responsible, at its own cost, to: (i) provide, in good condition, all tools, safety and work equipment, supplies, and specialized clothing that may be required for the performance of work by Snagajob Workers in the normal course of proving the Services (but not equipment required by Snagajob Worker due to his or her individual needs); (ii) provide Snagajob Workers with a work environment free from recognized hazards that are causing or likely to cause serious illness or injury in compliance with all applicable OSHA and other workplace safety requirements; (iii) provide Snagajob Workers with information and training with respect to any hazardous substances or conditions to which Snagajob Workers may be exposed at the worksite, as required by law; (iv) assign Snagajob Workers only to attended premises; (v) direct, control, supervise and safeguard its premises, processes and systems; and (vi) direct and supervise Snagajob Workers when handling cash, checks, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments or other valuables. Client will not: (i) request or permit a Snagajob Worker to use any vehicle in connection with the provision of Services; or (ii) change the Services a Snagajob Worker is asked to perform or the risks associated with the Services without Snagajob’s prior written approval.
8.3 Snagajob and Client will comply with all applicable federal, state and local laws and regulations as such laws and regulations pertain to the Workers and this Agreement. Client will also comply with all applicable federal, state, and local laws and regulations as such laws and regulations pertain to Client’s business generally, including without limitation, any food safety and health regulations, as applicable. Client agrees to maintain at all times policies prohibiting discrimination, harassment and retaliation against Snagajob Workers and to provide reasonable avenues to permit Snagajob Workers to complain about any such actual or perceived violations. Client will comply with all OSHA requirements and applicable laws concerning meal and rest breaks as they pertain to Snagajob Workers.
8.4 Client will comply with all laws governing Client’s business, including but not limited to required filings, licensing, government fees, taxes, fidelity bonding, insurance, facilities/building codes and regulations, and environmental compliance. If any Snagajob Worker is required to be licensed, registered, or certified under any federal, state, or municipal law or regulation, or to act under the supervision of such a licensed, registered or certified person or entity in performing the services, then any such Snagajob Worker will be deemed to be an employee of Client for such licensure purposes. Client will be solely responsible for verifying such licensure and/or providing the required supervision.
8.5 Snagajob will be responsible for compliance with the Affordable Care Act (“ACA”) as it may pertain to the Snagajob Workers, as well as for calculation of and payment of compensation to the Snagajob Workers.
9. INSURANCE/WAIVER
Snagajob will maintain workers’ compensation insurance for the benefit of the Snagajob Workers consistent with the applicable law in any state in which Snagajob Workers are performing Services for Client. Snagajob does not furnish insurance to the Client for employment practices liability. In the event of a claim against the Client alleging wrongful termination, harassment, discrimination, failure to accommodate, retaliation, or any other unlawful employment practice by a Snagajob Worker, Client will immediately notify Snagajob. Snagajob may assist Client in investigating and responding to such claim, and Client will hold Snagajob harmless against any and all potential liabilities, losses or damages (including penalties, costs, attorney fees and liability to third parties). Snagajob assumes no liability which may arise out of the Client’s independent management decisions, actions, or non-actions concerning Snagajob Workers. Snagajob does not furnish insurance to the Client and assumes no responsibility for liabilities, losses, or damages resulting from Snagajob Worker dishonesty. If any Snagajob Worker is required to deal with confidential information, cash, or high value items when performing duties for the Client, Client acknowledges sole responsibility to maintain adequate supervision, procedures, and controls for such activities and to obtain such bonding or fidelity insurance as Client deems necessary in connection with its responsibility for such activities.
10. INDEMNIFICATION
10.1 Each Party agrees to indemnify, defend, and hold harmless the other party, including its subsidiaries, affiliates, and related companies and its respective directors, officers, agents, and employees (the “Indemnified Parties”) from and against any and all liability, loss, damages, costs, attorneys’ fees, or other expenses of any kind, claimed by a third party unrelated to the party seeking indemnification for damages, injunction or other legal relief, to the extent that such arise directly out of: (i) the indemnifying party’s material breach of the Agreement or these Terms; or (ii) the indemnifying party’s breach of any applicable law.
10.2 Snagajob will indemnify, defend, and hold the Client Indemnified Parties harmless from and against any and all losses, liabilities, damages, claims, demands, suits, actions or judgments, and all costs and expenses, including attorneys’ fees, based upon, any workers’ compensation claim brought by a Snagajob Worker against Client arising out of the Services provided by a Snagajob Worker pursuant to this Agreement that are within the scope of Services that Snagajob has assigned the Worker to provide.
10.3 Client will indemnify, defend, and hold the Snagajob Indemnified Parties harmless from and against any and all losses, liabilities, damages, claims, demands, suits, actions or judgments, and all costs and expenses, including attorneys’ fees, based upon, any workers’ compensation claim brought by a Snagajob Worker against Snagajob that arises out of Client’s assignment of a Snagajob Worker to perform services outside of the scope of the Services that Snagajob has assigned the Snagajob Worker to provide or based upon the negligence of the Client and brough by a third party.
10.4 Each Party will inform the other within 15 days of the receipt of any claim, demand, or notice for which indemnification hereunder may be sought.
10.5 The indemnified party will have the right to control the defense of any claim for which it seeks indemnification, including the right to select counsel. The indemnified party will provide reasonable cooperation to the indemnifying party in investigating and defending against any claim for which indemnification is sought and will not settle any such claim without the indemnifying party’s consent, such consent not to be unreasonably withheld, conditioned or delayed.
11. Limitation of Liability.
SNAGAJOB AND ITS AFFILIATES WILL NOT BE LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) ANY PROPERTY DAMAGE OR LOSS, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE IN NO EVENT WILL THE LIABILITY OF SNAGAJOB OR THEIR AFFILIATES UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID OR DUE HEREUNDER IN THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
12. NOTICES
All notices or other communications required or permitted under this Agreement will be in writing and will be effective either when delivered personally to the Party for whom intended, or three days following the deposit of the same into the United States mail (certified mail, return receipt requested, or first class postage prepaid), addressed to such party at the address set forth in the Sales Order. A copy of any notice to Snagajob will be sent to [email protected].
13. MISCELLANEOUS
13.1 In any litigation or arbitral proceeding arising from or related to this Agreement, the prevailing party will be entitled to payment of all costs and fees from the non-prevailing party, including, without limitation, its reasonable attorneys’ fees and court or arbitration costs.
13.2 The following sections will survive the termination or expiration of this Agreement: Sections 2, 3, 4, 6, 7, 8, 10, 11 and 13. Any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement will also survive any expiration or termination.
13.4 Any claim for damages or other legal remedy under this Agreement must be brought within three (3) years from the date of the event from which such claim arises.
13.5 Except with regard to payment obligations, in no event will either Party be liable or responsible to the other Party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by any circumstances beyond such party’s reasonable control, including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest.
13.6 Neither Party may assign, or otherwise transfer, any of its obligations and rights under the terms of this Agreement except that Snagajob may assign its rights and obligations under this Agreement as follows: (i) to a purchaser of all or substantially all of Snagajob’s assets, (ii) to an entity that Snagajob owns or that is owned by Snagajob’s parent company, or (iii) with the advanced written consent of the other party.
13.7 This Agreement is governed by, and will be construed in accordance with, the laws of the Commonwealth of Virginia. The parties agree that the sole and exclusive venue for the resolution of any disputes hereunder will be the federal or state courts in Fairfax County, Virginia, and each party hereby consents to the jurisdiction of such courts.
13.8 The failure of either Party to exercise any of its rights or to enforce any of the provisions of this Agreement on any occasion will not be a waiver of such right or provision, nor will it prejudice the right of such Party to enforce such provision at any subsequent time.
13.9 In case any one or more of the provisions, subsections, or sentences contained in this Agreement will, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect the other provisions of this Agreement, and this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
13.10 This Agreement constitutes the final, complete, and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, relating to the subject matter herein.
EXHIBIT A: SCHEDULING CODE OF CONDUCT
- A “Posted Shift” is defined as one where a Client, using the Snagajob web application, confirms a location, date, start and end time, and position for which Client needs Snagajob to find a qualified Snagajob Worker. A “Scheduled Shift Amount” is the amount of money due per the terms of the Posted Shift and Exhibit B.
- Snagajob will offer the Posted Shifts to the Snagajob Workers.
- If Snagajob has not confirmed a Snagajob Worker for Client’s Posted Shift, no payment will be due from Talent Pool Client for such Posted Shift and Snag will have no responsibility or liability to Client for such Posted Shift.
- If Snagajob has confirmed a Snagajob Worker for Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Talent Client may cancel the Posted Shift without penalty.
- If Snagajob has confirmed a Snagajob Worker for Client’s Posted Shift and the shift is scheduled to begin within 24 to 2 hours and Client wishes to cancel the Posted Shift, Client will pay 50 percent of the Scheduled Shift Amount. If Client cancels the confirmed Posted Shift within 2 hours of shift start, Client will pay 100 percent of the Scheduled Shift Amount.
- In the event that a Snagajob Worker has begun working a Posted Shift and Client sends the Snagajob Worker home before the Posted Shift is scheduled to end, Client will pay 100 percent of the Scheduled Shift Amount.
- If Client wishes to extend a Posted Shift for a Snagajob Worker after the Snagajob Worker has begun working and the Snagajob Worker has agreed to the extension, Client will pay for the total amount worked by the Snagajob Worker instead of the Scheduled Shift Amount, as determined by the number of hours actually worked and the terms of Exhibit A. Snagajob Worker is under no obligation to work beyond the end time set forth in the Posted Shift.
- Within 36 hours of receipt of notification to approve a Snagajob Worker’s hours, Client will review, revise as needed, and approve the Snagajob Worker’s hours. Client does not review and approve a Snagajob Worker’s hours within 36 hours, Snagajob will assume the Snagajob Worker’s reported hours reflect actual hours worked, will bill Client accordingly, and Client will accept the charges.
Effective August 5, 2020 to October 30, 2020
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Talent Pool Client Terms of Use
These Talent Pool Client Terms of Use (“Terms”) apply to and govern each Snagajob Sales Order Agreement (“Sales Order”) entered into by and between Snag.Work LLC (“Snagajob”) and the Client indicated on the Agreement (“Client”). Collectively, these Talent Pool Client Terms of Use and the Sales Order are referred to as the Agreement.
1. SERVICES
1.1 Talent Pools. Snagajob will provide scheduling of the Talent Pool Client’s Current Employees and an on demand Snagajob Crew, Alumni Crew or Shared Crew to fill shifts (collectively “Talent Pool Services”).
1.1.1 “Snagajob Crew” means workers recruited, screened, background checked and employed by Snagajob who are available to fill shifts posted by the Talent Pools Client to the Snagajob application (the “App”) and in accordance with the Scheduling Code of Conduct, attached as Exhibit A.
1.1.2 “Alumni Crew” means workers who have worked for a Snagajob customer in the same brand as Talent Pool Client in the last 12 months and who are recommended by a customer and employed by Snagajob to fill shifts posted by the Talent Pool Client to the App and in accordance with the Scheduling Code of Conduct, attached as Exhibit A. Alumni Crew workers do not have a background check completed by Snagajob.
1.1.3 “Shared Crew” means workers who are current employees of a Snagajob customer in the same brand as Talent Pool Client and are employees of Snagajob and who are available to fill shifts posted by the Talent Pool Client to the App and in accordance with the Scheduling Code of Conduct, attached as Exhibit A. Shared Crew workers do not have a background check completed by Snagajob.
1.1.4 “Current Employees” means workers employed by the Talent Pool Client for whom the Talent Pool Client uses the Snagajob App to fill shifts.
1.1.5 “Snagajob Worker” means a Snagajob Crew, Alumni Crew or Shared Crew worker provided by Snagajob pursuant to the Agreement.
1.1.6 “Workers” means Snagajob Workers and Current Employees collectively.
2. PAYMENT
2.1 Talent Pool Client agrees to pay for all of the Services at the prices and rates specified in the Sales Order without offset or deduction.
2.2 Talent Pool Services will be billed to Talent Pool Client’s credit card weekly or paid by ACH transfer weekly. Subscription fees will be billed to Talent Pool Client’s credit card monthly.
2.3 If any payment is not paid when due hereunder, Talent Pool Client agrees to pay Snagajob interest on such overdue payment at the rate of 1-1/2% per month, or the highest rate permitted by applicable law, whichever is lower, and to reimburse Snagajob on demand for all costs of collection incurred by Snagajob, including, without limitation, its reasonable attorneys’ fees and costs.
3. ROLE OF WORKERS
3.1 Talent Pool Client is solely responsible for the direction and control of the Workers, including the sole and exclusive right to control working conditions and day-to-day job duties. Snagajob will have no responsibilities or liability with regard to the Talent Pool Client’s direction and control of the Workers. Talent Pool Client expressly absolves Snagajob of any responsibility for matters under Talent Pool Client’s direction and control.
3.2 Talent Pool Client will promptly send Snagajob copies of demands, notices, claims, summons and other legal filings brought by any Snagajob Worker which arises from or relates to any of the relationships contemplated herein. Talent Pool Client will cooperate with Snagajob in the investigation and remediation of complaints involving Snagajob Workers. Snagajob will not offer to settle or compromise any claim brought by a Snagajob Worker against Talent Pool Client except with Talent Pool Client’s advance written consent. In the event Talent Pool Client settles or compromises any claim brought by a Snagajob Worker, Talent Pool Client will include Snagajob as a released entity in any written settlement document.
4. INDEPENDENT CONTRACTOR RELATIONSHIP
4.1 The relationship between Snagajob and Talent Pool Client is that of independent contractors. Nothing herein is intended to or will be deemed or construed to create a joint venture, partnership or agency relationship between the parties for any purpose, or to impose upon the parties any of the duties or responsibilities of partners, joint venturers, or agents. Neither party has the authority to make any representation, contract or commitment on behalf of the other unless otherwise expressly authorized in a written document signed by both parties.
4.2 Nothing in the Agreement will prohibit Snagajob from performing similar services for entities other than Talent Pool Client during the term of the Agreement, so long as Snagajob’s actions do not otherwise violate the terms of this Agreement.
5. TERM AND TERMINATION
5.1 The term will be as set out in the Sales Order.
5.2 In the event of a termination of the Sales Order, Talent Pool Client will pay all fees owed for Talent Pool Client Services performed or hiring fees incurred through the termination date of the Sales Order.
6. SNAGAJOB WORKERS
6.1 Snagajob will pay Snagajob Workers for all services they perform for Talent Pool Client pursuant to this Agreement. Talent Pool Client will pay Current Employees for all services they perform for Talent Pool Client. Talent Pool Client agrees and warrants that at no time will it or its managers cause a Snagajob Worker to work time that is not recorded to Snagajob or is otherwise “off the clock.” Talent Pool Client will timely and accurately provide the information necessary for Snagajob to process payroll for the Snagajob Workers, including but not limited to review and approval of Snagajob Worker timesheets, hours worked, rates of pay, and payments owed. In the event that a time record is determined to be inaccurate, regardless of the reason, Talent Pool Client will be responsible for any additional wages owed to Snagajob Worker and related costs or penalties, if any, and will promptly remit to Snagajob the funds necessary to correct any payroll deficiency. Snagajob will treat all Snagajob Workers as non-exempt. In order to ensure accurate calculation of fees and proper withholding and reporting of taxes, Talent Pool Client agrees not to pay any wages or salaries directly to any Snagajob Worker without informing Snagajob in writing of such payment and obtaining Snagajob’s written consent to do so. will. Talent Pool Client agrees to immediately forward to Snagajob any order or notice of garnishment, involuntary deduction, IRS lien or other legal process received by Talent Pool Client affecting wages paid to a Snagajob Worker and, if requested by Snagajob, to sign such documents as are necessary to authorize Snagajob to act on Talent Pool Client’s behalf in responding to such legal process. Talent Pool Client will be solely responsible for all noncompliance penalties and liabilities resulting from Talent Pool Client’s failure to timely forward such legal process to Snagajob or to sign required authorization documents.
6.2 It is the express intent of the parties that Snagajob Workers will be employees of Snagajob and not of Talent Pool Client. The parties agree that Snagajob Workers dictate their own availability, and the Snagajob Workers have full discretion as to whether to accept shifts offered by Talent Pool Client through Snagajob. It is expressly agreed that Snagajob retains control over hiring and compensating Snagajob Workers who perform services pursuant to this Agreement.
6.3 In the event that Talent Pool Client hires a Snagajob Crew worker for a full or part-time employment position with Talent Pool Client, Talent Pool Client agrees to notify Snagajob immediately and pay Snagajob a cost per hire amount as specified in the Agreement. Notwithstanding anything to the contrary in the Agreement if Talent Pool Client hires a Snagajob Crew worker for either a full time or part time position, Snagajob will be released of all legal and financial responsibilities with respect to that Snagajob Crew worker and its relationship with Talent Pool Client, effective the date the Snagajob Crew worker is hired by the Talent Pool Client.
6.4 Talent Pool Client acknowledges and agrees that it will not place any Snagajob at a location subject to a collective bargaining agreement.
6.5 Snagajob will not directly solicit Current Employees to become Snagajob Workers based on the information provided by Talent Pools Client but may hire such Current Employees if they apply to become Snagajob Crew workers.
7. CONFIDENTIALITY
7.2 “Confidential Information” as used in these Talent Pool Client Terms of Use will mean information disclosed by either Snagajob or Talent Pool Client; (the “Disclosing Party”) to the other party (“Receiving Party”) that (1) if disclosed in tangible or electronic form bears a confidentiality legend, (2) if disclosed orally is identified as confidential at the time of disclosure or is information of a type or nature that a reasonable person would understand is confidential or proprietary. Confidential Information will include, without limitation, (a) concepts and ideas relating to the development and distribution of content in any medium or to the current, future and proposed products or services of the Disclosing Party or its subsidiaries or affiliates; (b) trade secrets (including but not limited to recipes and product formulations), drawings, inventions, know-how, software programs, and software source documents; (c) information regarding plans for research, development, new service offerings or products, marketing and selling, business plans, business forecasts, budgets and unpublished financial statements, licenses and distribution arrangements, prices and costs, suppliers and customers; (d) existence of any business discussions, negotiations or agreements between the parties; and (e) any information regarding the skills and compensation of employees, contractors or other agents of the disclosing party or its subsidiaries or affiliates.
7.3 Receiving Party agrees that all Confidential Information furnished to it by the Disclosing Party and its designated representatives, whether orally or by means of written material, and including Confidential Information furnished prior to the date of this Agreement, (a) will be deemed proprietary and will be held by the Receiving Party in strict confidence; (b) will not be disclosed or revealed or shared with any other person except for the Receiving Party’s professional advisors in connection with any defense of claim with respect to an alleged disclosure of any such Confidential Information or those individuals or entities specifically authorized by the Disclosing Party in advance; and (c) will not be used other than for purposes of, and in connection with, the performance of the Receiving Party’s obligations under this Agreement.
7.4 A Receiving Party’s obligations as set forth in this Section 7 will not apply with respect to any portion of the Confidential Information that: (a) was in the public domain at the time it was communicated to the Receiving Party; (b) entered the public domain through no fault of the Receiving Party, subsequent to the time it was communicated to Receiving Party by the Disclosing Party; (c) was in the Receiving Party’s possession free of any obligation of confidence at the time it was communicated to the Receiving Party by the Disclosing Party; (d) was rightfully communicated to the Receiving Party free of any obligation of confidence subsequent to the time it was communicated to the Receiving Party by the Disclosing Party; (e) was developed by employees or agents of the Disclosing Party independently of and without reference to any information communicated to the Receiving Party by the Disclosing Party; (f) was communicated by the Disclosing Party to an unaffiliated third party free of any obligation of confidence (g) was not labeled or identified as “Confidential” by the Disclosing Party prior to or at the time of disclosure to the Receiving Party, unless such information is of a type or nature that a reasonable person would understand is confidential.
7.5 All such material and any copies thereof will be promptly returned upon request of the Disclosing Party, or if agreed between Snagajob and Talent Pool Client, the Receiving Party may be permitted to Destroy such materials (and copies thereof). If Receiving Party Destroys such materials, the Receiving Party may retain one copy of the Confidential Information as necessary for compliance with laws and its data retention policies, provided that such copy will remain subject to the nondisclosure and confidentiality provisions of this Agreement. For information in electronic form or intangible media, “Destroy” as used in this Section means to delete or remove data from a file, file system or database software using the standard delete features of such software. The obligation to Destroy does not require the deletion or removal of data from backup or archival files that are only used for system recovery or data restoration purposes.
7.6 Each Party agrees that the obligations under this Section 7 are continuing and will survive the termination of this Agreement for a period of 2 years.
7.7 The Receiving Party acknowledges that any breach of the undertaking to maintain the confidentiality of the Disclosing Party’s Confidential Information will cause irreparable injury to the Disclosing Party and such Party will have the right to take such action it deems necessary to protect its rights hereunder, including without limitation, injunctive relief, without bond and without prejudice to any other rights and remedies as may be available to that party at law or equity for a breach or threatened breach of this or any other Section of this Agreement.
8. SAFETY AND COMPLIANCE WITH LAWS
8.2 Talent Pool Client will be solely responsible, at its own cost, to: (i) provide, in good condition, all tools, safety and work equipment, supplies, and specialized clothing that may be required for the performance of work by Snagajob Workers in the normal course of proving the Services (but not equipment required by Snagajob Worker due to his or her individual needs); (ii) provide Snagajob Workers with a work environment free from recognized hazards that are causing or likely to cause serious illness or injury in compliance with all applicable OSHA and other workplace safety requirements; (iii) provide Snagajob Workers with information and training with respect to any hazardous substances or conditions to which Snagajob Workers may be exposed at the worksite, as required by law; (iv) assign Snagajob Workers only to attended premises; (v) direct, control, supervise and safeguard its premises, processes and systems; and (vi) direct and supervise Snagajob Workers when handling cash, checks, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments or other valuables. Talent Pool Client will not: (i) request or permit a Snagajob Worker to use any vehicle in connection with the provision of Services; or (ii) change the Services a Snagajob Worker is asked to perform or the risks associated with the Services without Snagajob’s prior written approval.
8.3 Snagajob and Talent Pool Client will comply with all applicable federal, state and local laws and regulations as such laws and regulations pertain to the Workers and this Agreement. Talent Pool Client will also comply with all applicable federal, state, and local laws and regulations as such laws and regulations pertain to Talent Pool Client’s business generally, including without limitation, any food safety and health regulations, as applicable. Talent Pool Client agrees to maintain at all times policies prohibiting discrimination, harassment and retaliation against Snagajob Workers and to provide reasonable avenues to permit Snagajob Workers to complain about any such actual or perceived violations. Talent Pool Client will comply with all OSHA requirements and applicable laws concerning meal and rest breaks as they pertain to Snagajob Workers.
8.4 Talent Pool Client will comply with all laws governing the Talent Pool Client’s business, including but not limited to required filings, licensing, government fees, taxes, fidelity bonding, insurance, facilities/building codes and regulations, and environmental compliance. If any Snagajob Worker is required to be licensed, registered, or certified under any federal, state, or municipal law or regulation, or to act under the supervision of such a licensed, registered or certified person or entity in performing the services, then any such Snagajob Worker will be deemed to be an employee of Talent Pool Client for such licensure purposes. Talent Pool Client will be solely responsible for verifying such licensure and/or providing the required supervision.
8.5 Snagajob will be responsible for compliance with the Affordable Care Act (“ACA”) as it may pertain to the Snagajob Workers, as well as for calculation of and payment of compensation to the Snagajob Workers.
9. INSURANCE/WAIVER
Snagajob will maintain workers’ compensation insurance for the benefit of the Snagajob Workers consistent with the applicable law in any state in which Snagajob Workers are performing services for Talent Pool Client. Snagajob does not furnish insurance to the Talent Pool Client for employment practices liability. In the event of a claim against the Talent Pool Client alleging wrongful termination, harassment, discrimination, failure to accommodate, retaliation, or any other unlawful employment practice by a Snagajob Worker, Talent Pool Client will immediately notify Snagajob. Snagajob may assist Talent Pool Client in investigating and responding to such claim, and Talent Pool Client will hold Snagajob harmless against any and all potential liabilities, losses or damages (including penalties, costs, attorney fees and liability to third parties). Snagajob assumes no liability which may arise out of the Talent Pool Client’s independent management decisions, actions, or non-actions concerning Snagajob Worker. Snagajob does not furnish insurance to the Talent Pool Client and assumes no responsibility for liabilities, losses, or damages resulting from Snagajob Worker dishonesty. If any Snagajob Worker is required to deal with confidential information, cash, or high value items when performing duties for the Talent Pool Client, Talent Pool Client acknowledges sole responsibility to maintain adequate supervision, procedures, and controls for such activities and to obtain such bonding or fidelity insurance as Talent Pool Client deems necessary in connection with its responsibility for such activities.
10. INDEMNIFICATION
10.1 Each Party agrees to indemnify, defend, and hold harmless the other party, including its subsidiaries, affiliates, and related companies and its respective directors, officers, agents, and employees (the “Indemnified Parties”) from and against any and all liability, loss, damages, costs, attorneys’ fees, or other expenses of any kind, claimed by a third party unrelated to the party seeking indemnification for damages, injunction or other legal relief, to the extent that such arise directly out of: (i) the indemnifying party’s material breach of the Agreement or these Terms; or (ii) the indemnifying party’s breach of any applicable law.
10.2 Snagajob will indemnify, defend, and hold the Client Indemnified Parties harmless from and against any and all losses, liabilities, damages, claims, demands, suits, actions or judgments, and all costs and expenses, including attorneys’ fees, based upon, any workers’ compensation claim brought by a Snagajob Worker against Client arising out of the Services provided by a Snagajob Worker pursuant to this Agreement that are within the scope of Services that Snagajob has assigned the Worker to provide.
10.3 Client will indemnify, defend, and hold the Snagajob Indemnified Parties harmless from and against any and all losses, liabilities, damages, claims, demands, suits, actions or judgments, and all costs and expenses, including attorneys’ fees, based upon, any workers’ compensation claim brought by a Snagajob Worker against Snagajob that arises out of Client’s assignment of a Snagajob Worker to perform services outside of the scope of the Services that Snagajob has assigned the Snagajob Worker to provide or based upon the negligence of the Client and brough by a third party.
10.4 Each Party will inform the other within 15 days of the receipt of any claim, demand, or notice for which indemnification hereunder may be sought.
10.5 The indemnified party will have the right to control the defense of any claim for which it seeks indemnification, including the right to select counsel. The indemnified party will provide reasonable cooperation to the indemnifying party in investigating and defending against any claim for which indemnification is sought and will not settle any such claim without the indemnifying party’s consent, such consent not to be unreasonably withheld, conditioned or delayed.
11. Limitation of Liability.
SNAGAJOB AND ITS AFFILIATES WILL NOT BE LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) ANY PROPERTY DAMAGE OR LOSS, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE IN NO EVENT WILL THE LIABILITY OF SNAGAJOB OR THEIR AFFILIATES UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID OR DUE HEREUNDER IN THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
12. NOTICES
All notices or other communications required or permitted under this Agreement will be in writing and will be effective either when delivered personally to the Party for whom intended, or three days following the deposit of the same into the United States mail (certified mail, return receipt requested, or first class postage prepaid), addressed to such party at the address set forth in the Sales Order. A copy of any notice to Snagajob will be sent to [email protected].
13. MISCELLANEOUS
13.2 In any litigation or arbitral proceeding arising from or related to this Agreement, the prevailing party will be entitled to payment of all costs and fees from the non-prevailing party, including, without limitation, its reasonable attorneys’ fees and court or arbitration costs.
13.3 The following Sections will survive the termination or expiration of this Agreement: Sections 2, 3, 4, 6, 7, 8, 10, 11 and 13. Any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement will also survive any expiration or termination.
13.4 Any claim for damages or other legal remedy under this Agreement must be brought within three (3) years from the date of the event from which such claim arises.
13.5 Except with regard to payment obligations, in no event will either Party be liable or responsible to the other Party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by any circumstances beyond such party’s reasonable control, including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest.
13.6 Neither Party may assign, or otherwise transfer, any of its obligations and rights under the terms of this Agreement except that Snagajob may assign its rights and obligations under this Agreement as follows: (i) to a purchaser of all or substantially all of Snagajob’s assets, (ii) to an entity that Snagajob owns or that is owned by Snagajob’s parent company, or (iii) with the advanced written consent of the other party.
13.6 This Agreement is governed by, and will be construed in accordance with, the laws of the Commonwealth of Virginia. The parties agree that the sole and exclusive venue for the resolution of any disputes hereunder will be the federal or state courts in Fairfax County, Virginia, and each party hereby consents to the jurisdiction of such courts.
13.7 The failure of either Party to exercise any of its rights or to enforce any of the provisions of this Agreement on any occasion will not be a waiver of such right or provision, nor will it prejudice the right of such Party to enforce such provision at any subsequent time.
13.8 In case any one or more of the provisions, subsections, or sentences contained in this Agreement will, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect the other provisions of this Agreement, and this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
13.9 This Agreement constitutes the final, complete, and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, relating to the subject matter herein.
EXHIBIT A: SCHEDULING CODE OF CONDUCT
- A “Posted Shift” is defined as one where a Talent Pool Client, using the Snagajob web application, confirms a location, date, start and end time, and position for which Talent Pool Client needs Snagajob to find a qualified Snagajob Worker. A “Scheduled Shift Amount” is the amount of money due per the terms of the Posted Shift and Exhibit B.
- Snagajob will offer the Posted Shifts to the Snagajob Workers.
- If Snagajob has not confirmed a Snagajob Worker for Talent Pool Client’s Posted Shift, no payment will be due from Talent Pool Client for such Posted Shift and Snag will have no responsibility or liability to Talent Pool Client for such Posted Shift.
- If Snagajob has confirmed a Snagajob Worker for Talent Pool Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Talent Pool Client may cancel the Posted Shift without penalty.
- If Snagajob has confirmed a Snagajob Worker for Talent Pool Client’s Posted Shift and the shift is scheduled to begin within 24 to 2 hours and Talent Pool Client wishes to cancel the Posted Shift, Talent Pool Client will pay 50 percent of the Scheduled Shift Amount. If Talent Pool Client cancels the confirmed Posted Shift within 2 hours of shift start, Talent Pool Client will pay 100 percent of the Scheduled Shift Amount.
- In the event that a Snagajob Worker has begun working a Posted Shift and Talent Pool Client sends the Snagajob Worker home before the Posted Shift is scheduled to end, Talent Pool Client will pay 100 percent of the Scheduled Shift Amount.
- If Talent Pool Client wishes to extend a Posted Shift for a Snagajob Worker after the Snagajob Worker has begun working and the Snagajob Worker has agreed to the extension, Talent Pool Client will pay for the total amount worked by the Snagajob Worker instead of the Scheduled Shift Amount, as determined by the number of hours actually worked and the terms of Exhibit A. Snagajob Worker is under no obligation to work beyond the end time set forth in the Posted Shift.
- Within 36 hours of receipt of notification to approve a Snagajob Worker’s hours, Talent Pool Client will review, revise as needed, and approve the Snagajob Worker’s hours. If Talent Pool Client does not review and approve a Snagajob Worker’s hours within 36 hours, Snagajob will assume the Snagajob Worker’s reported hours reflect actual hours worked, will bill Talent Pool Client accordingly, and Talent Pool Client will accept the charges.
Effective June 24, 2020 to August 5, 2020
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Talent Pool Client Terms of Use
These Talent Pool Client Terms of Use (“Terms”) apply to and govern each Snagajob Sales Order Agreement (“Sales Order”) entered into by and between Snag.Work LLC (“Snagajob”) and the Client indicated on the Agreement (“Client”). Collectively, these Talent Pool Client Terms of Use and the Sales Order are referred to as the Agreement.
1. SERVICES
1.1 Talent Pools. Snagajob will provide scheduling of the Talent Pool Client’s Current Employees and an on demand Snagajob Crew, Alumni Crew or Shared Crew to fill shifts (collectively “Talent Pool Services”).
1.1.1 “Snagajob Crew” means workers recruited, screened, background checked and employed by Snagajob who are available to fill shifts posted by the Talent Pools Client to the Snagajob application (the “App”) and in accordance with the Scheduling Code of Conduct, attached as Exhibit A.
1.1.2 “Alumni Crew” means workers who have worked for a Snagajob customer in the same brand as Talent Pool Client in the last 12 months and who are recommended by a customer and employed by Snagajob to fill shifts posted by the Talent Pool Client to the App and in accordance with the Scheduling Code of Conduct, attached as Exhibit A. Alumni Crew workers do not have a background check completed by Snagajob.
1.1.3 “Shared Crew” means workers who are current employees of a Snagajob customer in the same brand as Talent Pool Client and are employees of Snagajob and who are available to fill shifts posted by the Talent Pool Client to the App and in accordance with the Scheduling Code of Conduct, attached as Exhibit A. Shared Crew workers do not have a background check completed by Snagajob.
1.1.4 “Current Employees” means workers employed by the Talent Pool Client for whom the Talent Pool Client uses the Snagajob App to fill shifts.
1.1.5 “Snagajob Worker” means a Snagajob Crew, Alumni Crew or Shared Crew worker provided by Snagajob pursuant to the Agreement.
1.1.6 “Workers” means Snagajob Workers and Current Employees collectively.
2. PAYMENT
2.1 Talent Pool Client agrees to pay for all of the Services at the prices and rates specified in the Sales Order without offset or deduction.
2.2 Talent Pool Services will be billed to Talent Pool Client’s credit card weekly or paid by ACH transfer weekly. Subscription fees will be billed to Talent Pool Client’s credit card monthly.
2.3 If any payment is not paid when due hereunder, Talent Pool Client agrees to pay Snagajob interest on such overdue payment at the rate of 1-1/2% per month, or the highest rate permitted by applicable law, whichever is lower, and to reimburse Snagajob on demand for all costs of collection incurred by Snagajob, including, without limitation, its reasonable attorneys’ fees and costs.
3. ROLE OF WORKERS
3.1 Talent Pool Client is solely responsible for the direction and control of the Workers, including the sole and exclusive right to control working conditions and day-to-day job duties. Snagajob will have no responsibilities or liability with regard to the Talent Pool Client’s direction and control of the Workers. Talent Pool Client expressly absolves Snagajob of any responsibility for matters under Talent Pool Client’s direction and control.
3.2 Talent Pool Client will promptly send Snagajob copies of demands, notices, claims, summons and other legal filings brought by any Snagajob Worker which arises from or relates to any of the relationships contemplated herein. Talent Pool Client will cooperate with Snagajob in the investigation and remediation of complaints involving Snagajob Workers. Snagajob will not offer to settle or compromise any claim brought by a Snagajob Worker against Talent Pool Client except with Talent Pool Client’s advance written consent. In the event Talent Pool Client settles or compromises any claim brought by a Snagajob Worker, Talent Pool Client will include Snagajob as a released entity in any written settlement document.
4. INDEPENDENT CONTRACTOR RELATIONSHIP
4.1 The relationship between Snagajob and Talent Pool Client is that of independent contractors. Nothing herein is intended to or will be deemed or construed to create a joint venture, partnership or agency relationship between the parties for any purpose, or to impose upon the parties any of the duties or responsibilities of partners, joint venturers, or agents. Neither party has the authority to make any representation, contract or commitment on behalf of the other unless otherwise expressly authorized in a written document signed by both parties.
4.2 Nothing in the Agreement will prohibit Snagajob from performing similar services for entities other than Talent Pool Client during the term of the Agreement, so long as Snagajob’s actions do not otherwise violate the terms of this Agreement.
5. TERM AND TERMINATION
5.1 The term will be as set out in the Sales Order.
5.2 In the event of a termination of the Sales Order, Talent Pool Client will pay all fees owed for Talent Pool Client Services performed or hiring fees incurred through the termination date of the Sales Order.
6. SNAGAJOB WORKERS
6.1 Snagajob will pay Snagajob Workers for all services they perform for Talent Pool Client pursuant to this Agreement. Talent Pool Client will pay Current Employees for all services they perform for Talent Pool Client. Talent Pool Client agrees and warrants that at no time will it or its managers cause a Snagajob Worker to work time that is not recorded to Snagajob or is otherwise “off the clock.” Talent Pool Client will timely and accurately provide the information necessary for Snagajob to process payroll for the Snagajob Workers, including but not limited to review and approval of Snagajob Worker timesheets, hours worked, rates of pay, and payments owed. In the event that a time record is determined to be inaccurate, regardless of the reason, Talent Pool Client will be responsible for any additional wages owed to Snagajob Worker and related costs or penalties, if any, and will promptly remit to Snagajob the funds necessary to correct any payroll deficiency. Snagajob will treat all Snagajob Workers as non-exempt. In order to ensure accurate calculation of fees and proper withholding and reporting of taxes, Talent Pool Client agrees not to pay any wages or salaries directly to any Snagajob Worker without informing Snagajob in writing of such payment and obtaining Snagajob’s written consent to do so. will. Talent Pool Client agrees to immediately forward to Snagajob any order or notice of garnishment, involuntary deduction, IRS lien or other legal process received by Talent Pool Client affecting wages paid to a Snagajob Worker and, if requested by Snagajob, to sign such documents as are necessary to authorize Snagajob to act on Talent Pool Client’s behalf in responding to such legal process. Talent Pool Client will be solely responsible for all noncompliance penalties and liabilities resulting from Talent Pool Client’s failure to timely forward such legal process to Snagajob or to sign required authorization documents.
6.2 It is the express intent of the parties that Snagajob Workers will be employees of Snagajob and not of Talent Pool Client. The parties agree that Snagajob Workers dictate their own availability, and the Snagajob Workers have full discretion as to whether to accept shifts offered by Talent Pool Client through Snagajob. It is expressly agreed that Snagajob retains control over hiring and compensating Snagajob Workers who perform services pursuant to this Agreement.
6.3 In the event that Talent Pool Client hires a Snagajob Crew worker for a full or part-time employment position with Talent Pool Client, Talent Pool Client agrees to notify Snagajob immediately and pay Snagajob a cost per hire amount as specified in the Agreement. Notwithstanding anything to the contrary in the Agreement if Talent Pool Client hires a Snagajob Crew worker for either a full time or part time position, Snagajob will be released of all legal and financial responsibilities with respect to that Snagajob Crew worker and its relationship with Talent Pool Client, effective the date the Snagajob Crew worker is hired by the Talent Pool Client.
6.4 Talent Pool Client acknowledges and agrees that it will not place any Snagajob at a location subject to a collective bargaining agreement.
6.5 Snagajob will not directly solicit Current Employees to become Snagajob Workers based on the information provided by Talent Pools Client but may hire such Current Employees if they apply to become Snagajob Crew workers.
7. CONFIDENTIALITY
7.2 “Confidential Information” as used in these Talent Pool Client Terms of Use will mean information disclosed by either Snagajob or Talent Pool Client; (the “Disclosing Party”) to the other party (“Receiving Party”) that (1) if disclosed in tangible or electronic form bears a confidentiality legend, (2) if disclosed orally is identified as confidential at the time of disclosure or is information of a type or nature that a reasonable person would understand is confidential or proprietary. Confidential Information will include, without limitation, (a) concepts and ideas relating to the development and distribution of content in any medium or to the current, future and proposed products or services of the Disclosing Party or its subsidiaries or affiliates; (b) trade secrets (including but not limited to recipes and product formulations), drawings, inventions, know-how, software programs, and software source documents; (c) information regarding plans for research, development, new service offerings or products, marketing and selling, business plans, business forecasts, budgets and unpublished financial statements, licenses and distribution arrangements, prices and costs, suppliers and customers; (d) existence of any business discussions, negotiations or agreements between the parties; and (e) any information regarding the skills and compensation of employees, contractors or other agents of the disclosing party or its subsidiaries or affiliates.
7.3 Receiving Party agrees that all Confidential Information furnished to it by the Disclosing Party and its designated representatives, whether orally or by means of written material, and including Confidential Information furnished prior to the date of this Agreement, (a) will be deemed proprietary and will be held by the Receiving Party in strict confidence; (b) will not be disclosed or revealed or shared with any other person except for the Receiving Party’s professional advisors in connection with any defense of claim with respect to an alleged disclosure of any such Confidential Information or those individuals or entities specifically authorized by the Disclosing Party in advance; and (c) will not be used other than for purposes of, and in connection with, the performance of the Receiving Party’s obligations under this Agreement.
7.4 A Receiving Party’s obligations as set forth in this Section 7 will not apply with respect to any portion of the Confidential Information that: (a) was in the public domain at the time it was communicated to the Receiving Party; (b) entered the public domain through no fault of the Receiving Party, subsequent to the time it was communicated to Receiving Party by the Disclosing Party; (c) was in the Receiving Party’s possession free of any obligation of confidence at the time it was communicated to the Receiving Party by the Disclosing Party; (d) was rightfully communicated to the Receiving Party free of any obligation of confidence subsequent to the time it was communicated to the Receiving Party by the Disclosing Party; (e) was developed by employees or agents of the Disclosing Party independently of and without reference to any information communicated to the Receiving Party by the Disclosing Party; (f) was communicated by the Disclosing Party to an unaffiliated third party free of any obligation of confidence (g) was not labeled or identified as “Confidential” by the Disclosing Party prior to or at the time of disclosure to the Receiving Party, unless such information is of a type or nature that a reasonable person would understand is confidential.
7.5 All such material and any copies thereof will be promptly returned upon request of the Disclosing Party, or if agreed between Snagajob and Talent Pool Client, the Receiving Party may be permitted to Destroy such materials (and copies thereof). If Receiving Party Destroys such materials, the Receiving Party may retain one copy of the Confidential Information as necessary for compliance with laws and its data retention policies, provided that such copy will remain subject to the nondisclosure and confidentiality provisions of this Agreement. For information in electronic form or intangible media, “Destroy” as used in this Section means to delete or remove data from a file, file system or database software using the standard delete features of such software. The obligation to Destroy does not require the deletion or removal of data from backup or archival files that are only used for system recovery or data restoration purposes.
7.6 Each Party agrees that the obligations under this Section 7 are continuing and will survive the termination of this Agreement for a period of 2 years.
7.7 The Receiving Party acknowledges that any breach of the undertaking to maintain the confidentiality of the Disclosing Party’s Confidential Information will cause irreparable injury to the Disclosing Party and such Party will have the right to take such action it deems necessary to protect its rights hereunder, including without limitation, injunctive relief, without bond and without prejudice to any other rights and remedies as may be available to that party at law or equity for a breach or threatened breach of this or any other Section of this Agreement.
8. SAFETY AND COMPLIANCE WITH LAWS
8.2 Talent Pool Client will be solely responsible, at its own cost, to: (i) provide, in good condition, all tools, safety and work equipment, supplies, and specialized clothing that may be required for the performance of work by Snagajob Workers in the normal course of proving the Services (but not equipment required by Snagajob Worker due to his or her individual needs); (ii) provide Snagajob Workers with a work environment free from recognized hazards that are causing or likely to cause serious illness or injury in compliance with all applicable OSHA and other workplace safety requirements; (iii) provide Snagajob Workers with information and training with respect to any hazardous substances or conditions to which Snagajob Workers may be exposed at the worksite, as required by law; (iv) assign Snagajob Workers only to attended premises; (v) direct, control, supervise and safeguard its premises, processes and systems; and (vi) direct and supervise Snagajob Workers when handling cash, checks, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments or other valuables. Talent Pool Client will not: (i) request or permit a Snagajob Worker to use any vehicle in connection with the provision of Services; or (ii) change the Services a Snagajob Worker is asked to perform or the risks associated with the Services without Snagajob’s prior written approval.
8.3 Snagajob and Talent Pool Client will comply with all applicable federal, state and local laws and regulations as such laws and regulations pertain to the Workers and this Agreement. Talent Pool Client will also comply with all applicable federal, state, and local laws and regulations as such laws and regulations pertain to Talent Pool Client’s business generally, including without limitation, any food safety and health regulations, as applicable. Talent Pool Client agrees to maintain at all times policies prohibiting discrimination, harassment and retaliation against Snagajob Workers and to provide reasonable avenues to permit Snagajob Workers to complain about any such actual or perceived violations. Talent Pool Client will comply with all OSHA requirements and applicable laws concerning meal and rest breaks as they pertain to Snagajob Workers.
8.4 Talent Pool Client will comply with all laws governing the Talent Pool Client’s business, including but not limited to required filings, licensing, government fees, taxes, fidelity bonding, insurance, facilities/building codes and regulations, and environmental compliance. If any Snagajob Worker is required to be licensed, registered, or certified under any federal, state, or municipal law or regulation, or to act under the supervision of such a licensed, registered or certified person or entity in performing the services, then any such Snagajob Worker will be deemed to be an employee of Talent Pool Client for such licensure purposes. Talent Pool Client will be solely responsible for verifying such licensure and/or providing the required supervision.
8.5 Snagajob will be responsible for compliance with the Affordable Care Act (“ACA”) as it may pertain to the Snagajob Workers, as well as for calculation of and payment of compensation to the Snagajob Workers.
9. INSURANCE/WAIVER
Snagajob will maintain workers’ compensation insurance for the benefit of the Snagajob Workers consistent with the applicable law in any state in which Snagajob Workers are performing services for Talent Pool Client. Snagajob does not furnish insurance to the Talent Pool Client for employment practices liability. In the event of a claim against the Talent Pool Client alleging wrongful termination, harassment, discrimination, failure to accommodate, retaliation, or any other unlawful employment practice by a Snagajob Worker, Talent Pool Client will immediately notify Snagajob. Snagajob may assist Talent Pool Client in investigating and responding to such claim, and Talent Pool Client will hold Snagajob harmless against any and all potential liabilities, losses or damages (including penalties, costs, attorney fees and liability to third parties). Snagajob assumes no liability which may arise out of the Talent Pool Client’s independent management decisions, actions, or non-actions concerning Snagajob Worker. Snagajob does not furnish insurance to the Talent Pool Client and assumes no responsibility for liabilities, losses, or damages resulting from Snagajob Worker dishonesty. If any Snagajob Worker is required to deal with confidential information, cash, or high value items when performing duties for the Talent Pool Client, Talent Pool Client acknowledges sole responsibility to maintain adequate supervision, procedures, and controls for such activities and to obtain such bonding or fidelity insurance as Talent Pool Client deems necessary in connection with its responsibility for such activities.
10. INDEMNIFICATION
10.1 Each Party agrees to indemnify, defend, and hold harmless the other party, including its subsidiaries, affiliates, and related companies and its respective directors, officers, agents, and employees (the “Indemnified Parties”) from and against any and all liability, loss, damages, costs, attorneys’ fees, or other expenses of any kind, claimed by a third party unrelated to the party seeking indemnification for damages, injunction or other legal relief, to the extent that such arise directly out of: (i) the indemnifying party’s material breach of the Agreement or these Terms; or (ii) the indemnifying party’s breach of any applicable law.
10.2 Snagajob will indemnify, defend, and hold the Client Indemnified Parties harmless from and against any and all losses, liabilities, damages, claims, demands, suits, actions or judgments, and all costs and expenses, including attorneys’ fees, based upon, any workers’ compensation claim brought by a Snagajob Worker against Client arising out of the Services provided by a Snagajob Worker pursuant to this Agreement that are within the scope of Services that Snagajob has assigned the Worker to provide.
10.3 Client will indemnify, defend, and hold the Snagajob Indemnified Parties harmless from and against any and all losses, liabilities, damages, claims, demands, suits, actions or judgments, and all costs and expenses, including attorneys’ fees, based upon, any workers’ compensation claim brought by a Snagajob Worker against Snagajob that arises out of Client’s assignment of a Snagajob Worker to perform services outside of the scope of the Services that Snagajob has assigned the Snagajob Worker to provide or based upon the negligence of the Client and brough by a third party.
10.4 Each Party will inform the other within 15 days of the receipt of any claim, demand, or notice for which indemnification hereunder may be sought.
10.5 The indemnified party will have the right to control the defense of any claim for which it seeks indemnification, including the right to select counsel. The indemnified party will provide reasonable cooperation to the indemnifying party in investigating and defending against any claim for which indemnification is sought and will not settle any such claim without the indemnifying party’s consent, such consent not to be unreasonably withheld, conditioned or delayed.
11. Limitation of Liability.
SNAGAJOB AND ITS AFFILIATES WILL NOT BE LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) ANY PROPERTY DAMAGE OR LOSS, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE IN NO EVENT WILL THE LIABILITY OF SNAGAJOB OR THEIR AFFILIATES UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID OR DUE HEREUNDER IN THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
12. NOTICES
All notices or other communications required or permitted under this Agreement will be in writing and will be effective either when delivered personally to the Party for whom intended, or three days following the deposit of the same into the United States mail (certified mail, return receipt requested, or first class postage prepaid), addressed to such party at the address set forth in the Sales Order. A copy of any notice to Snagajob will be sent to [email protected].
13. MISCELLANEOUS
13.2 In any litigation or arbitral proceeding arising from or related to this Agreement, the prevailing party will be entitled to payment of all costs and fees from the non-prevailing party, including, without limitation, its reasonable attorneys’ fees and court or arbitration costs.
13.3 The following Sections will survive the termination or expiration of this Agreement: Sections 2, 3, 4, 6, 7, 8, 10, 11 and 13. Any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement will also survive any expiration or termination.
13.4 Any claim for damages or other legal remedy under this Agreement must be brought within three (3) years from the date of the event from which such claim arises.
13.5 Except with regard to payment obligations, in no event will either Party be liable or responsible to the other Party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by any circumstances beyond such party’s reasonable control, including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest.
13.6 Neither Party may assign, or otherwise transfer, any of its obligations and rights under the terms of this Agreement except that Snagajob may assign its rights and obligations under this Agreement as follows: (i) to a purchaser of all or substantially all of Snagajob’s assets, (ii) to an entity that Snagajob owns or that is owned by Snagajob’s parent company, or (iii) with the advanced written consent of the other party.
13.6 This Agreement is governed by, and will be construed in accordance with, the laws of the Commonwealth of Virginia. The parties agree that the sole and exclusive venue for the resolution of any disputes hereunder will be the federal or state courts in Fairfax County, Virginia, and each party hereby consents to the jurisdiction of such courts.
13.7 The failure of either Party to exercise any of its rights or to enforce any of the provisions of this Agreement on any occasion will not be a waiver of such right or provision, nor will it prejudice the right of such Party to enforce such provision at any subsequent time.
13.8 In case any one or more of the provisions, subsections, or sentences contained in this Agreement will, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect the other provisions of this Agreement, and this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
13.9 This Agreement constitutes the final, complete, and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, relating to the subject matter herein.
EXHIBIT A: SCHEDULING CODE OF CONDUCT
- A “Posted Shift” is defined as one where a Talent Pool Client, using the Snagajob web application, confirms a location, date, start and end time, and position for which Talent Pool Client needs Snagajob to find a qualified Snagajob Worker. A “Scheduled Shift Amount” is the amount of money due per the terms of the Posted Shift and Exhibit B.
- Snagajob will offer the Posted Shifts to the Snagajob Workers.
- If Snagajob has not confirmed a Snagajob Worker for Talent Pool Client’s Posted Shift, no payment will be due from Talent Pool Client for such Posted Shift and Snag will have no responsibility or liability to Talent Pool Client for such Posted Shift.
- If Snagajob has confirmed a Snagajob Worker for Talent Pool Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Talent Pool Client may cancel the Posted Shift without penalty.
- If Snagajob has confirmed a Snagajob Worker for Talent Pool Client’s Posted Shift and the shift is scheduled to begin within 24 to 2 hours and Talent Pool Client wishes to cancel the Posted Shift, Talent Pool Client will pay 50 percent of the Scheduled Shift Amount. If Talent Pool Client cancels the confirmed Posted Shift within 2 hours of shift start, Talent Pool Client will pay 100 percent of the Scheduled Shift Amount.
- In the event that a Snagajob Worker has begun working a Posted Shift and Talent Pool Client sends the Snagajob Worker home before the Posted Shift is scheduled to end, Talent Pool Client will pay 100 percent of the Scheduled Shift Amount.
- If Talent Pool Client wishes to extend a Posted Shift for a Snagajob Worker after the Snagajob Worker has begun working and the Snagajob Worker has agreed to the extension, Talent Pool Client will pay for the total amount worked by the Snagajob Worker instead of the Scheduled Shift Amount, as determined by the number of hours actually worked and the terms of Exhibit A. Snagajob Worker is under no obligation to work beyond the end time set forth in the Posted Shift.
- Within 36 hours of receipt of notification to approve a Snagajob Worker’s hours, Talent Pool Client will review, revise as needed, and approve the Snagajob Worker’s hours. If Talent Pool Client does not review and approve a Snagajob Worker’s hours within 36 hours, Snagajob will assume the Snagajob Worker’s reported hours reflect actual hours worked, will bill Talent Pool Client accordingly, and Talent Pool Client will accept the charges.
Effective May 6, 2020 to June 24, 2020
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Snag Work Terms of Service
These Snag Work Terms of Service (“Terms”) apply to and govern each Snag Work Sales Order Agreement (“Agreement”) entered into by and between Snag Work LLC (“Snag Work”) and the Client indicated on the Snag Work Sales Order Agreement (“Client”).
1. Services and Payment
1.1 Client may procure from Snag Work on an as needed and as available basis the following services with respect to temporary workers (“Workers” or “Contractors”): recruitment, onboarding, orientation and staffing (the “Services”) at the locations agreed upon by Client and Snag Work. Services will be provided in accordance with Exhibit A (“Scheduling Code of Conduct”) and the parties agree to comply with the Scheduling Code of Conduct.
1.2 Client agrees to pay for all of the Services at the prices and rates specified in the Agreement without offset or deduction. All such payments will be billed to Client’s credit card weekly or paid by ACH transfer weekly. If any such payment is not paid when due hereunder, Client agrees to pay Snag Work interest on such overdue payment at the rate of 1 1/2% per month, or the highest rate permitted by applicable law, whichever is lower, and to reimburse Client on demand for all costs of collection incurred by Snag Work, including, without limitation, its reasonable attorneys’ fees and costs.
2. Independent Contractor Relationship
2.1 The relationship between Snag Work and Client is that of independent contractors. Nothing herein is intended to or will be deemed or construed to create a joint venture, partnership or agency relationship between the parties for any purpose, or to impose upon the parties any of the duties or responsibilities of partners, joint venturers, agents or joint employers. Neither party has the authority to make any representation, contract or commitment on behalf of the other unless otherwise expressly authorized in a written document signed by both parties.
2.2 Nothing in the Agreement or these Terms will prohibit Snag Work from performing similar services for entities other than Client during the term of this Agreement, so long as Snag Work’s actions do not otherwise violate the terms of this Agreement.
3. Term and Termination
3.1 The term will be as set out in the Agreement.
3.2 In the event of a termination of the Agreement, Client will pay all fees owed for Services performed or hiring fees incurred through the termination date of the Agreement.
4. Workers
4.1 Snag Work will pay Workers for all Services they perform for Client pursuant to this Agreement. Client agrees and warrants that at no time will it or its managers cause a Worker to work time that is not recorded to Snag Work or is otherwise “off the clock.”
4.2 It is the express intent of the parties that Workers will be employees of Snag Work and not of Client. The parties agree that Workers dictate their own availability, and the Workers have full discretion as to whether to accept shifts offered by Client through Snag Work. It is expressly agreed that Snag Work retains control over hiring and compensating Workers who perform Services pursuant to this Agreement.
4.3 In the event that Client hires a Worker for a full or part time employment position with Client, Client agrees to notify Snag Work immediately and pay Snag Work a cost per hire amount as specified in the Agreement. Notwithstanding anything to the contrary in the Agreement or these Terms, if Client hires a Worker for either a full time or part time position, Snag Work will be released of all legal and financial responsibilities with respect to that Worker and its relationship with Client, effective the date the Worker is hired by the Client.
4.4 Client acknowledges and agrees that it will not place any Workers at a location subject to a collective bargaining agreement.
5. Confidentiality
5.1 “Confidential Information” as used in will mean information disclosed by a Party (“Disclosing Party”) to the other Party (”Receiving Party”) that (1) if disclosed in tangible or electronic form bears a confidentiality legend, (2) if disclosed orally is identified as confidential at the time of disclosure or is information of a type or nature that a reasonable person would understand is confidential or proprietary. Confidential Information will include, without limitation, (a) concepts and ideas relating to the development and distribution of content in any medium or to the current, future and proposed products or services of the Disclosing Party or its subsidiaries or affiliates; (b) trade secrets (including but not limited to recipes and product formulations), drawings, inventions, know-how, software programs, and software source documents; (c) information regarding plans for research, development, new service offerings or products, marketing and selling, business plans, business forecasts, budgets and unpublished financial statements, licenses and distribution arrangements, prices and costs, suppliers and customers; (d) existence of any business discussions, negotiations or agreements between the parties; and (e) any information regarding the skills and compensation of employees, contractors or other agents of the disclosing party or its subsidiaries or affiliates.
5.2 Receiving Party agrees that all Confidential Information furnished to it by the Disclosing Party and its designated representatives, whether orally or by means of written material, and including Confidential Information furnished prior to the date of this Agreement, (a) will be deemed proprietary and will be held by the Receiving Party in strict confidence; (b) will not be disclosed or revealed or shared with any other person except for the Receiving Party’s professional advisors in connection with any defense of claim with respect to an alleged disclosure of any such Confidential Information or those individuals or entities specifically authorized by the Disclosing Party in advance; and (c) will not be used other than for purposes of, and in connection with, the performance of the Receiving Party’s obligations under this Agreement.
5.3 A Receiving Party’s obligations as set forth in this Section 5 will not apply with respect to any portion of the Confidential Information that: (a) was in the public domain at the time it was communicated to the Receiving Party; (b) entered the public domain through no fault of the Receiving Party, subsequent to the time it was communicated to Receiving Party by the Disclosing Party; (c) was in the Receiving Party’s possession free of any obligation of confidence at the time it was communicated to the Receiving Party by the Disclosing Party; (d) was rightfully communicated to the Receiving Party free of any obligation of confidence subsequent to the time it was communicated to the Receiving Party by the Disclosing Party; (e) was developed by employees or agents of the Disclosing Party independently of and without reference to any information communicated to the Receiving Party by the Disclosing Party; (f) was communicated by the Disclosing Party to an unaffiliated third party free of any obligation of confidence (g) was not labeled or identified as “Confidential” by the Disclosing Party prior to or at the time of disclosure to the Receiving Party, unless such information is of a type or nature that a reasonable person would understand is confidential.
5.4 All such material and any copies thereof will be promptly returned upon request of the Disclosing Party, or if agreed between Snag Work and Client, the Receiving Party may be permitted to Destroy such materials (and copies thereof). If Receiving Party Destroys such materials, the Receiving Party may retain one copy of the Confidential Information as necessary for compliance with laws and its data retention policies, provided that such copy will remain subject to the nondisclosure and confidentiality provisions of this Agreement. For information in electronic form or intangible media, “Destroy” as used in this Section means to delete or remove data from a file, file system or database software using the standard delete features of such software. The obligation to Destroy does not require the deletion or removal of data from backup or archival files that are only used for system recovery or data restoration purposes.
5.5 Each Party agrees that the obligations under this Section are continuing and will survive the termination of this Agreement for a period of 2 years.
5.6 The Receiving Party acknowledges that any breach of the undertaking to maintain the confidentiality of the Disclosing Party’s Confidential Information will cause irreparable injury to the Disclosing Party and such Party will have the right to take such action it deems necessary to protect its rights hereunder, including without limitation, injunctive relief, without bond and without prejudice to any other rights and remedies as may be available to that party at law or equity for a breach or threatened breach of this or any other Section of this Agreement.
6. Safety and Compliance with Laws
6.1 Client will be solely responsible, at its own cost, to: (i) provide, in good condition, all tools, safety and work equipment, supplies, and specialized clothing that may be required for the performance of work by Workers in the normal course of proving the Services (but not equipment required by Contractor due to his or her individual needs); (ii) provide a work environment compliant with all applicable OSHA and other workplace safety requirements and provide information and training with respect to any hazardous substances or conditions to which Workers may be exposed at the worksite, as required by law; (iii) assign Workers only to attended premises; (iv) direct, control, supervise and safeguard its premises, processes and systems; and (v) direct and supervise Workers when handling cash, checks, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments or other valuables. Client will not: (i) request or permit a Worker to use any vehicle in connection with the provision of Services; or (ii) change the Services a Worker is asked to perform or the risks associated with the Services without Snag Work’s prior written approval.
6.2 Snag Work and Client will comply with all applicable federal, state and local laws and regulations as such laws and regulations pertain to the Workers and this Agreement. Client agrees to maintain at all times policies prohibiting discrimination, harassment and retaliation against Workers and to provide reasonable avenues to permit Workers to complain about any such actual or perceived violations. Client will comply with all OSHA requirements and applicable laws concerning meal and rest breaks as they pertain to Workers.
6.3 Snag Work will be responsible for compliance with the Affordable Care Act (“ACA”) as it may pertain to the Workers, as well as for calculation of and payment of compensation to the Workers.
7. Insurance/Waiver
7.1 Snag Work will maintain workers’ compensation insurance for the benefit of the Workers consistent with the applicable law in any state in which Workers are performing services for Client.
8. Indemnification
8.1 Each Party agrees to indemnify, defend, and hold harmless the other party, including its subsidiaries, affiliates, and related companies and its respective directors, officers, agents, and employees (the “Indemnified Parties”) from and against any and all liability, loss, damages, costs, attorneys’ fees, or other expenses of any kind, claimed by a third party unrelated to the party seeking indemnification for damages, injunction or other legal relief, to the extent that such arise directly out of: (i) the indemnifying party’s material breach of the Agreement or these Terms; or (ii) the indemnifying party’s breach of any applicable law.
8.2 Snag Work will indemnify, defend, and hold the Client Indemnified Parties harmless from and against any and all losses, liabilities, damages, claims, demands, suits, actions or judgments, and all costs and expenses, including attorneys’ fees, based upon, any workers’ compensation claim brought by a Worker against Client arising out of the Services provided by a Worker pursuant to this Agreement that are within the scope of Services that Snag Work has assigned the Worker to provide.
8.3 Client will indemnify, defend, and hold the Snag Work Indemnified Parties harmless from and against any and all losses, liabilities, damages, claims, demands, suits, actions or judgments, and all costs and expenses, including attorneys’ fees, based upon, any workers’ compensation claim brought by a Worker against Snag Work that arises out of Client’s assignment of Worker to perform services outside of the scope of the Services that Snag Work has assigned the Worker to provide.
8.4 Each Party will inform the other within 15 days of the receipt of any claim, demand, or notice for which indemnification hereunder may be sought.
8.5 The indemnified party will have the right to control the defense of any claim for which it seeks indemnification, including the right to select counsel. The indemnified party will provide reasonable cooperation to the indemnifying party in investigating and defending against any claim for which indemnification is sought and will not settle any such claim without the indemnifying party’s consent, such consent not to be unreasonably withheld, conditioned or delayed.
9. Limits of Liability
10. Work Product Ownership
10.1 “Work Product” means all ideas, proposals, works of authorship, inventions (whether or not patentable or reduced to practice), know-how, techniques, documentation, analyses, flowcharts, notes, outlines, presentations, reports, research, textual works, content, logos, artwork, graphics or audiovisual materials, designs, plans, models, specifications, technology, techniques, formulas, processes, software, code, databases, systems, applications, developments (including development tools (in whatever form)), standard operating procedures, training materials and any and all other work product information and materials, and all discoveries, improvements, enhancements, modifications and derivatives of any of the foregoing, and all patents, copyrights, trademarks, trade secrets or other intellectual property rights associated with any of the foregoing.
10.2 “Snag Work Product” means any Work Product authored, designed, conceived, invented, generated, reduced to practice, developed, contributed to, improved, or created by Snag Work (or its Workers) during the course of its engagement as an independent contractor performing the Services for Client. Client agrees that, as between Client and Snag Work, all Snag Work Product will be owned solely by Snag Work and that nothing in the Agreement or these Terms will be construed to transfer any right or interest in or to the Snag Work Product to Client. To the extent that exclusive ownership of any Snag Work Product does not automatically vest in Snag Work, Client hereby (i) irrevocably assigns, transfers and conveys all right, title and interest in and to such Snag Work Product on a worldwide basis to Snag Work; and (ii) waives any moral rights therein to the fullest extent permitted under applicable law. Client agrees that it will cooperate with Snag Work and execute and deliver any further assignments, conveyances, other documents or assurances that may be necessary to effectively convey any rights in and to any Snag Work Product to Snag Work, as requested by Snag Work. If Client is unable to execute a document or take any action for any reason, Client hereby irrevocably designates and appoints Snag Work and each of its duly authorized agents or designees as my agent and attorney-in-fact, to act in Client’s behalf in all applicable instances, including, without limitation, in any government authorities or agencies.
10.3 “Client Work Product” means all Work Product owned by Client prior to the effective date of this Agreement and provided by Client to Snag Work in order for Snag Work to perform the Services, which, for clarity, will exclude any Snag Work Product. Snag Work agrees that, as between Snag Work and Client, all Client Work Product will be owned solely by Client and that nothing in the Agreement or these Terms will be construed to transfer any right or interest in or to Client Work Product to Snag Work. To the extent that, while performing the Services, Snag Work acquires any right or ownership interest in or to any Client Work Product, Snag Work hereby (i) irrevocably assigns, transfers and conveys all right, title and interest in and to such Client Work Product on a worldwide basis to Client; and (ii) waives any moral rights therein to the fullest extent permitted under applicable law. Snag Work agrees that it will cooperate with Client and execute and deliver any further assignments, conveyances, other documents or assurances that may be necessary to effectively convey any rights in and to any Client Work Product to Client, as requested by Client.
10.4 Snag Work expressly reserves all rights to Work Product not expressly granted to Client under these Terms.
11. Notices
11.1 All notices or other communications required or permitted under this Agreement will be in writing and will be effective either when delivered personally to the Party for whom intended, or three days following the deposit of the same into the United States mail (certified mail, return receipt requested, or first class postage prepaid), addressed to such party at the address set forth in the Agreement. A copy of any notice to Snag Work will be sent to [email protected].
12. Miscellaneous
12.1 In any litigation or arbitral proceeding arising from or related to this Agreement, the prevailing party will be entitled to payment of all costs and fees from the non-prevailing party, including, without limitation, its reasonable attorneys’ fees and court or arbitration costs.
12.2 The following Sections will survive the termination or expiration of this Agreement: Sections 2, 5, 6, 7, 8, 9 and 10. Any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement will also survive any expiration or termination.
12.3 Any claim for damages or other legal remedy under this Agreement must be brought within three years from the date of the event from which such claim arises.
12.4 This Agreement is governed by, and will be construed in accordance with, the laws of the Commonwealth of Virginia. The parties agree that the sole and exclusive venue for the resolution of any disputes hereunder will be the federal or state courts in Fairfax County, Virginia, and each party hereby consents to the jurisdiction of such courts.
12.5 Except with regard to payment obligations, in no event will either Party be liable or responsible to the other Party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by any circumstances beyond such party’s reasonable control, including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest.
12.6 Neither Party may assign, or otherwise transfer, any of its obligations and rights under the terms of this Agreement except that Snag Work may assign its rights and obligations under this Agreement as follows: (i) to a purchaser of all or substantially all of Snag Work’s assets, (ii) to an entity that Snag Work owns or that is owned by Snag Work’s parent company, or (iii) with the advanced written consent of the other party.
12.7 The failure of either Party to exercise any of its rights or to enforce any of the provisions of this Agreement on any occasion will not be a waiver of such right or provision, nor will it prejudice the right of such Party to enforce such provision at any subsequent time.
12.8 In case any one or more of the provisions, subsections, or sentences contained in this Agreement will, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect the other provisions of this Agreement, and this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
12.9 These Terms and the Agreement, including its exhibits, constitutes the final, complete, and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, relating to the subject matter herein. These Terms and the Agreement may be amended from time to time by Snag Work and Snag Work shall post notice of such amendment on its website.
Exhibit A: Scheduling Code of Conduct
- A “Posted Shift” is defined as one where a Client, using the Snag Work web application, confirms a location, date, start and end time, and position for which Client needs Snag Work to find a qualified Worker. A “Scheduled Shift Amount” is the amount of money due per the terms of the Posted Shift and Exhibit B.
- Snag Work will offer the Posted Shifts to the Workers.
- If Snag Work has not confirmed a Worker for Client’s Posted Shift, no payment will be due from Client for such Posted Shift and Snag will have no responsibility or liability to Client for such Posted Shift.
- If Snag Work has confirmed a Worker for Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Client may cancel the Posted Shift without penalty.
- If Snag Work has confirmed a Worker for Client’s Posted Shift and the shift is scheduled to begin within 24 to 2 hours and Client wishes to cancel the Posted Shift, Client will pay 50 percent of the Scheduled Shift Amount. If Client cancels the confirmed Posted Shift within 2 hours of shift start, Client will pay 100 percent of the Scheduled Shift Amount.
- In the event that a Worker has begun working a Posted Shift and Client sends the Worker home before the Posted Shift is scheduled to end, Client will pay 100 percent of the Scheduled Shift Amount.
- If Client wishes to extend a Posted Shift for a Worker after Worker has begun working and Worker has agreed to the extension, Client will pay for total amount worked by Worker instead of Scheduled Shift Amount, as determined by the number of hours actually worked and the terms of Exhibit A. Worker is under no obligation to work beyond the end time set forth in the Posted Shift.
- Within 36 hours of receipt of notification to approve a Worker’s hours, Client will review, revise as needed, and approve the Worker’s hours. If Client does not review and approve a Worker’s hours within 36 hours, Snag Work will assume the Worker’s reported hours reflect actual hours worked, will bill Client accordingly, and Client will accept the charges.
Effective May 6, 2020 to May 6, 2020
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Table of Contents
- A “Posted Shift” is defined as one where a Client, using the Snag Work web application, confirms a location, date, start and end time, and position for which Client needs Snag Work to find a qualified Worker. A “Scheduled Shift Amount” is the amount of money due per the terms of the Posted Shift and Exhibit B.
- Snag Work will offer the Posted Shifts to the Workers.
- If Snag Work has not confirmed a Worker for Client’s Posted Shift, no payment will be due from Client for such Posted Shift and Snag will have no responsibility or liability to Client for such Posted Shift.
- If Snag Work has confirmed a Worker for Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Client may cancel the Posted Shift without penalty.
- If Snag Work has confirmed a Worker for Client’s Posted Shift and the shift is scheduled to begin within 24 to 2 hours and Client wishes to cancel the Posted Shift, Client will pay 50 percent of the Scheduled Shift Amount. If Client cancels the confirmed Posted Shift within 2 hours of shift start, Client will pay 100 percent of the Scheduled Shift Amount.
- In the event that a Worker has begun working a Posted Shift and Client sends the Worker home before the Posted Shift is scheduled to end, Client will pay 100 percent of the Scheduled Shift Amount.
- If Client wishes to extend a Posted Shift for a Worker after Worker has begun working and Worker has agreed to the extension, Client will pay for total amount worked by Worker instead of Scheduled Shift Amount, as determined by the number of hours actually worked and the terms of Exhibit A. Worker is under no obligation to work beyond the end time set forth in the Posted Shift.
- Within 36 hours of receipt of notification to approve a Worker’s hours, Client will review, revise as needed, and approve the Worker’s hours. If Client does not review and approve a Worker’s hours within 36 hours, Snag Work will assume the Worker’s reported hours reflect actual hours worked, will bill Client accordingly, and Client will accept the charges.
Effective May 5, 2020 to May 6, 2020
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Complaint Procedure Regarding Content Posted on the SnagAJob.com Websites or Apps.
Snagajob Privacy Policy
Effective January 19, 2023
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Snagajob Privacy Policy
1. The Information We Collect
- Information You Provide to Us
- Account Creation. When you create an account to use the Services, we may collect certain information you provide us, such as contact information, other registration and account information (such as username, password, and work history and preferences), and account security information.
- Profile Creation. When you create a profile on the Services, we may collect certain information you provide us, such as contact information (including your name, phone number, and email address), educational and work history and compensation, date of birth, skills, interests, citizenship status and U.S. work eligibility, references, job and career preferences, location and postal address information (including city, state, and ZIP code), and other profile information (such as your bio and picture). In accordance with your profile settings, you may be able to choose whether your profile information is visible to Employers on Snagajob’s network or the public at large. Be aware that any information included in your public or shared profile may be read, collected, and used by others who access it.
- Job Application Process. When you apply for a job using the Services, you may provide contact information (including your name, phone number, and email address), date of birth, educational and work history and compensation, professional licenses, skills, and memberships, interests, citizenship status and U.S. work eligibility, job and career preferences, location and postal address information (including city, state, and ZIP code), demographic information (such as gender, military status, race, ethnicity, or national origin), government and work identifiers and licenses, application question responses, schedule and availability, access to transportation, responses to tests and surveys, and documents uploaded for job applications. Some of this information may be added to your Snagajob profile, which you may edit at any time.
- Communications. If you contact us, we may receive information such as your name, email address, and phone number. We also will receive the contents of any communications you have with us. This might include requests, questions, and/or issues regarding your account, profile, or applications, our Services, or other topics you might raise.
- Audio or Visual Information, such as audio recordings if you call our customer service.
- Surveys, Promotions, and Sweepstakes. If you decide to participate in any surveys, promotions, or sweepstakes, you may provide certain information, such as basic contact information and other information relevant to the survey, promotion, or sweepstakes.
- Account, Contact, and Business Information. When you create an account to use the Services, we may collect certain information you provide us, such as contact information (including name, phone number, email address, postal address), business information (including business name, industry, FEIN, phone number, locations, links to external business websites, pictures, and business logo), other registration and account information (such as username and password), and account security information.
- Financial and Transactional Information. If we need to make payments to you or receive payments from you, we may collect financial account and related transactional information.
- Employment Opportunity Information, such as title, wage range, locations, availability, desired qualifications and skills, job descriptions and expectations, and job postings.
- Contact and Business Information. If you are a company or other organization that we engage with, we may collect your name, phone number, email address, and postal address, government identifier, and business name, industry, locations, other information related to your employer, and any other information you choose to provide us, including through third-party portals and platforms.
- Financial and Transactional Information. If we need to make payments to you or receive payments from you, we may collect financial account and related transactional information.
- Communications. If you contact us, we may receive information such as your name, email address, and phone number. We also will receive the contents of any communications you have with us. This might include requests, questions, and/or issues regarding your food orders, your account, our Services, or other topics you might raise.
- Events and Programs. If you register for or attend an event or program that we host, sponsor, or attend, we may receive information such as your name, email address, phone number, and other information related to your attendance at the event or program from those who interact with or express interested in us or our Services.
- Surveys, Promotions, and Sweepstakes. If you decide to participate in any surveys, promotions, or sweepstakes, you may provide certain information, such as basic contact information and other information relevant to the survey, promotion, or sweepstakes.
- Usage Data. We may collect and analyze information about how you use our Services. This information includes the dates and times you access our Services, the features you use and the pages you visit, the type(s) of browser through which you access our Services, the content you upload or post to our Services, error logs and other system activity, and the webs or applications through or from which you access our Services.
- Device Data. We collect and analyze information about the device(s) you use to access our Services. This information might include your IP address, information about your device’s hardware, the operating system on your device and the version of that operating system, your language preferences, unique device identifiers, advertising identifiers, and information about the mobile network you use.
- Location Information. When you use the Services, we and our service providers may collect precise location information (in accordance with your device settings and permissions) as well as collect general location information from your computer or mobile device. “General” location information means information to identify the city and state in which your device is located based on its IP address. This information allows us to give you access to content that varies based on your general location (e.g., nearby locations or delivery status). We will ask your permission before collecting your precise GPS location information. In such instances, we may use your precise geo-location information to provide customized services, content, and other information that may be of interest to you. Please note that precise geolocation information is considered “sensitive personal information” under certain privacy laws, and we process this information in accordance with applicable legal requirements. You can disable geolocation tracking on your device. For more information, see the “Your Rights and Choices” section below.
- Information from Cookies and Similar Technologies. We and our service providers collect information through the use of “cookies” and similar technologies, such as tracking pixels, to understand how you navigate through and interact with our Services, to learn what content is popular, to enhance the Services and provide you with a more relevant and personalized experience, for authentication and advertising purposes, to save your preferences, and to collect certain usage, device and location information as described above. We may also collect this kind of information when you interact with email messages or other communications we send you. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use our Services. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads, and/or email; they are designed to collect usage information like ad impressions or clicks and email open rates, measure the popularity of our Services and associated advertising, and access cookies. We and our vendors (including Adobe Analytics and Google Analytics) also use these technologies and the information collected by them for advertising and data analytics purposes. You can find more information about Adobe’s advertising and analytics practices at adobe.com/privacy/experience-cloud.html. You can find more information about Google’s analytics practices at google.com/policies/privacy/partners.
- Employers, Business Partners, Service Providers, and Researchers. We use business partners, service providers (such as payment processors, survey providers, and analytics providers), and researchers to perform services on our behalf. Some of these partners may have access to information about you that we may or may not otherwise have (for example, where you sign up directly with or otherwise engage with that provider) and may disclose some or all of this information with us. We may also receive results of background and identity verification checks.
- Log-in Services and Social Network Information. If you access the Services through a third-party connection or log-in (e.g., through a social network), you may allow us to have access to and store certain information from your social network profile. This information may include your name, profile picture, your “likes,” and your list of friends, depending on your settings on such services. If you do not wish to have this information disclosed, do not use a social networking connection to access the Services. For a description of how social networking sites handle your information, please refer to their privacy policies and terms of use, which may permit you to modify your privacy settings.
- Other Account Holders or Users. Another account holder or user may provide us with your information, such as contact information in relation to an order or a referral program. If you submit someone else’s personal information to us, you represent that you are authorized to provide this information to us.
- Provide, improve, enhance, personalize, and promote our Services, including creating a profile and saving selected job postings, displaying job opportunities and potential candidates, and facilitating applications and related checks and screenings
- Analyze use of our Services and engaging in related analysis, research, and measuring to better understand how you use the Services, so we can improve them, develop them, and fix errors
- Manage, verify, and authenticate your information, account, and interactions with us
- Communicate with you, including sending communications that you have requested on your behalf, keeping you updated regarding job opportunities, interview requests, application reminders, or jobs you may be interested in, or new applicants to posted jobs, account-specific information, and/or promotions regarding our Services, and for marketing and promotional purposes
- Facilitate requests and applications
- For Employers, to facilitate payments, including arranging for financial deposits and transactions
- Gain insights into prospective customers that might have an interest in our Services
- Provide customer support, including responding to questions, requests, and issues
- Conduct research and improve and develop our Services and partnerships
- Secure our Services and find and help prevent fraud and abuse
- Understand, detect, and resolve problems with the Services
- Resolve disputes, protect ourselves, our users, and others, exercise our legal rights and enforce any legal terms that govern use of our Services
- Comply with laws, regulations, and other legal process and procedures
4. How We Disclose Information We Collect
- Employers and Vendors. We may provide access to or disclose your information, as a Seeker, with Employers (or service providers acting on behalf of an employer) when you interact with them, at your request, and in accordance with your account settings. For example, if you click “Apply” for a job posting, we may disclose information with the relevant Employer (or a services provider acting on behalf of the employer) and when you complete a job application, we will disclose your application responses with the relevant Employer (or a service provider acting on behalf of an employer). In accordance with your profile settings, we may disclose your profile information with Employers who are searching for eligible job applicants. Moreover, we may disclose your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider.
- Seekers. We may provide access to or disclose your information, as an Employer, with Seekers at your request. For example, if you post a job opportunity, we may disclose the information with relevant Seekers. You may also choose to use one of our third party vendor integrations related to Employer services, such as with a background check provider or payroll provider, and we would disclose relevant information at your direction to provide those services.
- Service Providers. We provide access to or disclose your information to third parties that perform services on our behalf, such as billing, payment processing, advertising, web and other analytics, data storage and processing, customer support, security, fraud prevention, and other services.
- For Legal Reasons or the Protection of Us and Others. We will disclose the information we collect about you if required by law or legal process or if we believe in good faith that disclosure is reasonably necessary to: (i) enforce our Terms of Use, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (ii) respond to claims that any content violates the rights of third parties; and/or (iii) protect the rights, property or personal safety of Snagajob, users of our Services, and/or others. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.
- Business Transfers. In the event of sale (of some or all of our assets), transfer, merger, reorganization, dissolution, or similar event involving our business (including in contemplation of such transactions), your information may be among the transferred business assets. If such transfer is subject to any mandatory restrictions under applicable laws, we will comply with those restrictions.
- Your Consent. If you consent to our disclosure of your information, including through account settings, we will disclose your information consistent with your consent and account settings. For instance, you may be able to choose whether your profile information is visible to Employers on Snagajob’s network or the public at large. Be aware that any information included in your public profile may be read, collected, and used by others who access it.
5. Aggregate/De-Identified Information
6. Your Rights and Choices
- Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we disclose personal information.
- Provide you access to and/or a copy of certain personal information we hold about you.
- Correct or update personal information we hold about you.
- Delete certain personal information we have about you.
- Provide you with information about the financial incentives that we offer to you, if any.
- Opt you out of the processing of your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable.
7. How We Protect Your Data and Our Services
8. Your Obligations
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
9. Third-Party Links and Features
10. Children’s Privacy
11. Changes to our Privacy Policy
12. Contact Information
Effective January 18, 2023 to January 19, 2023
DownloadTable of Contents
Snagajob Privacy Policy
1. The Information We Collect
- Information You Provide to Us
- Account Creation. When you create an account to use the Services, we may collect certain information you provide us, such as contact information, other registration and account information (such as username, password, and work history and preferences), and account security information.
- Profile Creation. When you create a profile on the Services, we may collect certain information you provide us, such as contact information (including your name, phone number, and email address), educational and work history and compensation, date of birth, skills, interests, citizenship status and U.S. work eligibility, references, job and career preferences, location and postal address information (including city, state, and ZIP code), and other profile information (such as your bio and picture). In accordance with your profile settings, you may be able to choose whether your profile information is visible to Employers on Snagajob’s network or the public at large. Be aware that any information included in your public or shared profile may be read, collected, and used by others who access it.
- Job Application Process. When you apply for a job using the Services, you may provide contact information (including your name, phone number, and email address), date of birth, educational and work history and compensation, professional licenses, skills, and memberships, interests, citizenship status and U.S. work eligibility, job and career preferences, location and postal address information (including city, state, and ZIP code), demographic information (such as gender, military status, race, ethnicity, or national origin), government and work identifiers and licenses, application question responses, schedule and availability, access to transportation, responses to tests and surveys, and documents uploaded for job applications. Some of this information may be added to your Snagajob profile, which you may edit at any time.
- Communications. If you contact us, we may receive information such as your name, email address, and phone number. We also will receive the contents of any communications you have with us. This might include requests, questions, and/or issues regarding your account, profile, or applications, our Services, or other topics you might raise.
- Audio or Visual Information, such as audio recordings if you call our customer service.
- Surveys, Promotions, and Sweepstakes. If you decide to participate in any surveys, promotions, or sweepstakes, you may provide certain information, such as basic contact information and other information relevant to the survey, promotion, or sweepstakes.
- Account, Contact, and Business Information. When you create an account to use the Services, we may collect certain information you provide us, such as contact information (including name, phone number, email address, postal address), business information (including business name, industry, FEIN, phone number, locations, links to external business websites, pictures, and business logo), other registration and account information (such as username and password), and account security information.
- Financial and Transactional Information. If we need to make payments to you or receive payments from you, we may collect financial account and related transactional information.
- Employment Opportunity Information, such as title, wage range, locations, availability, desired qualifications and skills, job descriptions and expectations, and job postings.
- Contact and Business Information. If you are a company or other organization that we engage with, we may collect your name, phone number, email address, and postal address, government identifier, and business name, industry, locations, other information related to your employer, and any other information you choose to provide us, including through third-party portals and platforms.
- Financial and Transactional Information. If we need to make payments to you or receive payments from you, we may collect financial account and related transactional information.
- Communications. If you contact us, we may receive information such as your name, email address, and phone number. We also will receive the contents of any communications you have with us. This might include requests, questions, and/or issues regarding your food orders, your account, our Services, or other topics you might raise.
- Events and Programs. If you register for or attend an event or program that we host, sponsor, or attend, we may receive information such as your name, email address, phone number, and other information related to your attendance at the event or program from those who interact with or express interested in us or our Services.
- Surveys, Promotions, and Sweepstakes. If you decide to participate in any surveys, promotions, or sweepstakes, you may provide certain information, such as basic contact information and other information relevant to the survey, promotion, or sweepstakes.
- Usage Data. We may collect and analyze information about how you use our Services. This information includes the dates and times you access our Services, the features you use and the pages you visit, the type(s) of browser through which you access our Services, the content you upload or post to our Services, error logs and other system activity, and the webs or applications through or from which you access our Services.
- Device Data. We collect and analyze information about the device(s) you use to access our Services. This information might include your IP address, information about your device’s hardware, the operating system on your device and the version of that operating system, your language preferences, unique device identifiers, advertising identifiers, and information about the mobile network you use.
- Location Information. When you use the Services, we and our service providers may collect precise location information (in accordance with your device settings and permissions) as well as collect general location information from your computer or mobile device. “General” location information means information to identify the city and state in which your device is located based on its IP address. This information allows us to give you access to content that varies based on your general location (e.g., nearby locations or delivery status). We will ask your permission before collecting your precise GPS location information. In such instances, we may use your precise geo-location information to provide customized services, content, and other information that may be of interest to you. Please note that precise geolocation information is considered “sensitive personal information” under certain privacy laws, and we process this information in accordance with applicable legal requirements. You can disable geolocation tracking on your device. For more information, see the “Your Rights and Choices” section below.
- Information from Cookies and Similar Technologies. We and our service providers collect information through the use of “cookies” and similar technologies, such as tracking pixels, to understand how you navigate through and interact with our Services, to learn what content is popular, to enhance the Services and provide you with a more relevant and personalized experience, for authentication and advertising purposes, to save your preferences, and to collect certain usage, device and location information as described above. We may also collect this kind of information when you interact with email messages or other communications we send you. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use our Services. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads, and/or email; they are designed to collect usage information like ad impressions or clicks and email open rates, measure the popularity of our Services and associated advertising, and access cookies. We and our vendors (including Adobe Analytics and Google Analytics) also use these technologies and the information collected by them for advertising and data analytics purposes. You can find more information about Adobe’s advertising and analytics practices at adobe.com/privacy/experience-cloud.html. You can find more information about Google’s analytics practices at google.com/policies/privacy/partners.
- Employers, Business Partners, Service Providers, and Researchers. We use business partners, service providers (such as payment processors, survey providers, and analytics providers), and researchers to perform services on our behalf. Some of these partners may have access to information about you that we may or may not otherwise have (for example, where you sign up directly with or otherwise engage with that provider) and may disclose some or all of this information with us. We may also receive results of background and identity verification checks.
- Log-in Services and Social Network Information. If you access the Services through a third-party connection or log-in (e.g., through a social network), you may allow us to have access to and store certain information from your social network profile. This information may include your name, profile picture, your “likes,” and your list of friends, depending on your settings on such services. If you do not wish to have this information disclosed, do not use a social networking connection to access the Services. For a description of how social networking sites handle your information, please refer to their privacy policies and terms of use, which may permit you to modify your privacy settings.
- Other Account Holders or Users. Another account holder or user may provide us with your information, such as contact information in relation to an order or a referral program. If you submit someone else’s personal information to us, you represent that you are authorized to provide this information to us.
- Provide, improve, enhance, personalize, and promote our Services, including creating a profile and saving selected job postings, displaying job opportunities and potential candidates, and facilitating applications and related checks and screenings
- Analyze use of our Services and engaging in related analysis, research, and measuring to better understand how you use the Services, so we can improve them, develop them, and fix errors
- Manage, verify, and authenticate your information, account, and interactions with us
- Communicate with you, including sending communications that you have requested on your behalf, keeping you updated regarding job opportunities, interview requests, application reminders, or jobs you may be interested in, or new applicants to posted jobs, account-specific information, and/or promotions regarding our Services, and for marketing and promotional purposes
- Facilitate requests and applications
- For Employers, to facilitate payments, including arranging for financial deposits and transactions
- Gain insights into prospective customers that might have an interest in our Services
- Provide customer support, including responding to questions, requests, and issues
- Conduct research and improve and develop our Services and partnerships
- Secure our Services and find and help prevent fraud and abuse
- Understand, detect, and resolve problems with the Services
- Resolve disputes, protect ourselves, our users, and others, exercise our legal rights and enforce any legal terms that govern use of our Services
- Comply with laws, regulations, and other legal process and procedures
4. How We Disclose Information We Collect
- Employers and Vendors. We may provide access to or disclose your information, as a Seeker, with Employers (or service providers acting on behalf of an employer) when you interact with them, at your request, and in accordance with your account settings. For example, if you click “Apply” for a job posting, we may disclose information with the relevant Employer (or a services provider acting on behalf of the employer) and when you complete a job application, we will disclose your application responses with the relevant Employer (or a service provider acting on behalf of an employer). In accordance with your profile settings, we may disclose your profile information with Employers who are searching for eligible job applicants. Moreover, we may disclose your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider.
- Seekers. We may provide access to or disclose your information, as an Employer, with Seekers at your request. For example, if you post a job opportunity, we may disclose the information with relevant Seekers. You may also choose to use one of our third party vendor integrations related to Employer services, such as with a background check provider or payroll provider, and we would disclose relevant information at your direction to provide those services.
- Service Providers. We provide access to or disclose your information to third parties that perform services on our behalf, such as billing, payment processing, advertising, web and other analytics, data storage and processing, customer support, security, fraud prevention, and other services.
- For Legal Reasons or the Protection of Us and Others. We will disclose the information we collect about you if required by law or legal process or if we believe in good faith that disclosure is reasonably necessary to: (i) enforce our Terms of Use, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (ii) respond to claims that any content violates the rights of third parties; and/or (iii) protect the rights, property or personal safety of Snagajob, users of our Services, and/or others. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.
- Business Transfers. In the event of sale (of some or all of our assets), transfer, merger, reorganization, dissolution, or similar event involving our business (including in contemplation of such transactions), your information may be among the transferred business assets. If such transfer is subject to any mandatory restrictions under applicable laws, we will comply with those restrictions.
- Your Consent. If you consent to our disclosure of your information, including through account settings, we will disclose your information consistent with your consent and account settings. For instance, you may be able to choose whether your profile information is visible to Employers on Snagajob’s network or the public at large. Be aware that any information included in your public profile may be read, collected, and used by others who access it.
5. Aggregate/De-Identified Information
6. Your Rights and Choices
- Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we disclose personal information.
- Provide you access to and/or a copy of certain personal information we hold about you.
- Correct or update personal information we hold about you.
- Delete certain personal information we have about you.
- Provide you with information about the financial incentives that we offer to you, if any.
- Opt you out of the processing of your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable.
7. How We Protect Your Data and Our Services
8. Your Obligations
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
9. Third-Party Links and Features
10. Children’s Privacy
11. Changes to our Privacy Policy
12. Contact Information
Effective December 22, 2022 to January 18, 2023
DownloadTable of Contents
Snagajob Privacy Policy
1. The Information We Collect
- Information You Provide to Us
- Account Creation. When you create an account to use the Services, we may collect certain information you provide us, such as contact information, other registration and account information (such as username, password, and work history and preferences), and account security information.
- Profile Creation. When you create a profile on the Services, we may collect certain information you provide us, such as contact information (including your name, phone number, and email address), educational and work history and compensation, date of birth, skills, interests, citizenship status and U.S. work eligibility, references, job and career preferences, location and postal address information (including city, state, and ZIP code), and other profile information (such as your bio and picture). In accordance with your profile settings, you may be able to choose whether your profile information is visible to Employers on Snagajob’s network or the public at large. Be aware that any information included in your public or shared profile may be read, collected, and used by others who access it.
- Job Application Process. When you apply for a job using the Services, you may provide contact information (including your name, phone number, and email address), date of birth, educational and work history and compensation, professional licenses, skills, and memberships, interests, citizenship status and U.S. work eligibility, job and career preferences, location and postal address information (including city, state, and ZIP code), demographic information (such as gender, military status, race, ethnicity, or national origin), government and work identifiers and licenses, application question responses, schedule and availability, access to transportation, responses to tests and surveys, and documents uploaded for job applications. Some of this information may be added to your Snagajob profile, which you may edit at any time.
- Communications. If you contact us, we may receive information such as your name, email address, and phone number. We also will receive the contents of any communications you have with us. This might include requests, questions, and/or issues regarding your account, profile, or applications, our Services, or other topics you might raise.
- Audio or Visual Information, such as audio recordings if you call our customer service.
- Surveys, Promotions, and Sweepstakes. If you decide to participate in any surveys, promotions, or sweepstakes, you may provide certain information, such as basic contact information and other information relevant to the survey, promotion, or sweepstakes.
- Account, Contact, and Business Information. When you create an account to use the Services, we may collect certain information you provide us, such as contact information (including name, phone number, email address, postal address), business information (including business name, industry, FEIN, phone number, locations, links to external business websites, pictures, and business logo), other registration and account information (such as username and password), and account security information.
- Financial and Transactional Information. If we need to make payments to you or receive payments from you, we may collect financial account and related transactional information.
- Employment Opportunity Information, such as title, wage range, locations, availability, desired qualifications and skills, job descriptions and expectations, and job postings.
- Contact and Business Information. If you are a company or other organization that we engage with, we may collect your name, phone number, email address, and postal address, government identifier, and business name, industry, locations, other information related to your employer, and any other information you choose to provide us, including through third-party portals and platforms.
- Financial and Transactional Information. If we need to make payments to you or receive payments from you, we may collect financial account and related transactional information.
- Communications. If you contact us, we may receive information such as your name, email address, and phone number. We also will receive the contents of any communications you have with us. This might include requests, questions, and/or issues regarding your food orders, your account, our Services, or other topics you might raise.
- Events and Programs. If you register for or attend an event or program that we host, sponsor, or attend, we may receive information such as your name, email address, phone number, and other information related to your attendance at the event or program from those who interact with or express interested in us or our Services.
- Surveys, Promotions, and Sweepstakes. If you decide to participate in any surveys, promotions, or sweepstakes, you may provide certain information, such as basic contact information and other information relevant to the survey, promotion, or sweepstakes.
- Usage Data. We may collect and analyze information about how you use our Services. This information includes the dates and times you access our Services, the features you use and the pages you visit, the type(s) of browser through which you access our Services, the content you upload or post to our Services, error logs and other system activity, and the webs or applications through or from which you access our Services.
- Device Data. We collect and analyze information about the device(s) you use to access our Services. This information might include your IP address, information about your device’s hardware, the operating system on your device and the version of that operating system, your language preferences, unique device identifiers, advertising identifiers, and information about the mobile network you use.
- Location Information. When you use the Services, we and our service providers may collect precise location information (in accordance with your device settings and permissions) as well as collect general location information from your computer or mobile device. “General” location information means information to identify the city and state in which your device is located based on its IP address. This information allows us to give you access to content that varies based on your general location (e.g., nearby locations or delivery status). We will ask your permission before collecting your precise GPS location information. In such instances, we may use your precise geo-location information to provide customized services, content, and other information that may be of interest to you. Please note that precise geolocation information is considered “sensitive personal information” under certain privacy laws, and we process this information in accordance with applicable legal requirements. You can disable geolocation tracking on your device. For more information, see the “Your Rights and Choices” section below.
- Information from Cookies and Similar Technologies. We and our service providers collect information through the use of “cookies” and similar technologies, such as tracking pixels, to understand how you navigate through and interact with our Services, to learn what content is popular, to enhance the Services and provide you with a more relevant and personalized experience, for authentication and advertising purposes, to save your preferences, and to collect certain usage, device and location information as described above. We may also collect this kind of information when you interact with email messages or other communications we send you. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use our Services. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads, and/or email; they are designed to collect usage information like ad impressions or clicks and email open rates, measure the popularity of our Services and associated advertising, and access cookies. We and our vendors (including Adobe Analytics and Google Analytics) also use these technologies and the information collected by them for advertising and data analytics purposes. You can find more information about Adobe’s advertising and analytics practices at adobe.com/privacy/experience-cloud.html. You can find more information about Google’s analytics practices at google.com/policies/privacy/partners.
- Employers, Business Partners, Service Providers, and Researchers. We use business partners, service providers (such as payment processors, survey providers, and analytics providers), and researchers to perform services on our behalf. Some of these partners may have access to information about you that we may or may not otherwise have (for example, where you sign up directly with or otherwise engage with that provider) and may disclose some or all of this information with us. We may also receive results of background and identity verification checks.
- Log-in Services and Social Network Information. If you access the Services through a third-party connection or log-in (e.g., through a social network), you may allow us to have access to and store certain information from your social network profile. This information may include your name, profile picture, your “likes,” and your list of friends, depending on your settings on such services. If you do not wish to have this information disclosed, do not use a social networking connection to access the Services. For a description of how social networking sites handle your information, please refer to their privacy policies and terms of use, which may permit you to modify your privacy settings.
- Other Account Holders or Users. Another account holder or user may provide us with your information, such as contact information in relation to an order or a referral program. If you submit someone else’s personal information to us, you represent that you are authorized to provide this information to us.
- Provide, improve, enhance, personalize, and promote our Services, including creating a profile and saving selected job postings, displaying job opportunities and potential candidates, and facilitating applications and related checks and screenings
- Analyze use of our Services and engaging in related analysis, research, and measuring to better understand how you use the Services, so we can improve them, develop them, and fix errors
- Manage, verify, and authenticate your information, account, and interactions with us
- Communicate with you, including sending communications that you have requested on your behalf, keeping you updated regarding job opportunities, interview requests, application reminders, or jobs you may be interested in, or new applicants to posted jobs, account-specific information, and/or promotions regarding our Services, and for marketing and promotional purposes
- Facilitate requests and applications
- For Employers, to facilitate payments, including arranging for financial deposits and transactions
- Gain insights into prospective customers that might have an interest in our Services
- Provide customer support, including responding to questions, requests, and issues
- Conduct research and improve and develop our Services and partnerships
- Secure our Services and find and help prevent fraud and abuse
- Understand, detect, and resolve problems with the Services
- Resolve disputes, protect ourselves, our users, and others, exercise our legal rights and enforce any legal terms that govern use of our Services
- Comply with laws, regulations, and other legal process and procedures
4. How We Disclose Information We Collect
- Employers and Vendors. We may provide access to or disclose your information, as a Seeker, with Employers (or service providers acting on behalf of an employer) when you interact with them, at your request, and in accordance with your account settings. For example, if you click “Apply” for a job posting, we may disclose information with the relevant Employer (or a services provider acting on behalf of the employer) and when you complete a job application, we will disclose your application responses with the relevant Employer (or a service provider acting on behalf of an employer). In accordance with your profile settings, we may disclose your profile information with Employers who are searching for eligible job applicants. Moreover, we may disclose your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider.
- Seekers. We may provide access to or disclose your information, as an Employer, with Seekers at your request. For example, if you post a job opportunity, we may disclose the information with relevant Seekers. You may also choose to use one of our third party vendor integrations related to Employer services, such as with a background check provider or payroll provider, and we would disclose relevant information at your direction to provide those services.
- Service Providers. We provide access to or disclose your information to third parties that perform services on our behalf, such as billing, payment processing, advertising, web and other analytics, data storage and processing, customer support, security, fraud prevention, and other services.
- For Legal Reasons or the Protection of Us and Others. We will disclose the information we collect about you if required by law or legal process or if we believe in good faith that disclosure is reasonably necessary to: (i) enforce our Terms of Use, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (ii) respond to claims that any content violates the rights of third parties; and/or (iii) protect the rights, property or personal safety of Snagajob, users of our Services, and/or others. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.
- Business Transfers. In the event of sale (of some or all of our assets), transfer, merger, reorganization, dissolution, or similar event involving our business (including in contemplation of such transactions), your information may be among the transferred business assets. If such transfer is subject to any mandatory restrictions under applicable laws, we will comply with those restrictions.
- Your Consent. If you consent to our disclosure of your information, including through account settings, we will disclose your information consistent with your consent and account settings. For instance, you may be able to choose whether your profile information is visible to Employers on Snagajob’s network or the public at large. Be aware that any information included in your public profile may be read, collected, and used by others who access it.
5. Aggregate/De-Identified Information
6. Your Rights and Choices
- Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we disclose personal information.
- Provide you access to and/or a copy of certain personal information we hold about you.
- Correct or update personal information we hold about you.
- Delete certain personal information we have about you.
- Provide you with information about the financial incentives that we offer to you, if any.
- Opt you out of the processing of your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable.
7. How We Protect Your Data and Our Services
8. Your Obligations
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
9. Third-Party Links and Features
10. Children’s Privacy
11. Changes to our Privacy Policy
12. Contact Information
Effective November 5, 2021 to December 22, 2022
DownloadTable of Contents
Snagajob Privacy Policy
The Privacy Policy describes the data protection practices of Snagajob.com, Inc. and its affiliated companies (together referred to as “Snagajob” “we,” “us,” or “our”). This Privacy Policy applies to all websites and mobile applications owned and operated by us that link to this Privacy Policy, and related online and offline services (collectively, the “Services”).
Snagajob is a provider of cloud-based software services that help connect businesses (“Employers”) looking to hire for employment positions with our network of job and shift seekers (“Seekers”). When applicable we have made distinctions in these sections between Seekers and Employers to be transparent about the different situations in which we may collect, use, or share personal information.
When we handle information about Seekers who use our Services to fill out job applications or onboarding documents/forms for specific Employers or otherwise communicate directly with Employers (“Employer Direct Engagement”), we do so on behalf of the Employers as a service provider or processor. Employers determine how to engage with Seekers through our Services and thus act as the business that determines the purposes and means of handling Seeker data in relation to Employer Direct Engagements. In those circumstances, Seekers are ultimately subject to the privacy policies of the Employers with which they interact, and they should read those policies carefully. Snagajob is not responsible for the privacy practices of Employers. Snagajob acts as the business and not a service provider when Seekers build profiles and use related services.
1. Data We Collect
- Data We Collect From Seekers
We collect personal information in order to successfully provide Snagajob Services through the means discussed below. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, DOB, password, email address, username, phone number, wireless device, security questions and answers, city, state, ZIP code, and U.S. work eligibility ("Yes" or "No") - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Contact information, e.g. name, email address, postal address, and phone number - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Profile information, you may have choices about the information included in your profile, such as your name, email address, educational history, employment history, professional licenses, city and state, and bio. In accordance with your profile settings, you may be able to choose whether your profile information is visible to Employers on Snagajob’s network or the public at large. Be aware that any information included in your public or shared profile may be read, collected, and used by others who access it. - Provide the Services
- Application information and employment onboarding
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Demographic and statistical information, e.g. gender, race, age, date of birth, health information, apparel size, marital status, military and veteran status, nationality, disability information, criminal history information, educational history, employment history, professional licenses and memberships, schedule and availability, access to transportation, and responses to tests and surveys. - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Personal identifiers and employment eligibility information, e.g. photographs, driver's license number, operator's license number, motor vehicle license number, passport number, Social Security Number, other state or federal-issued identification numbers, and information you provide on tax and other government forms. - Provide the Services
- Application information and employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Employers
Application responses, e.g. when you submit an application using the Services, we may collect application question responses, documents uploaded for job applications, and results of background checks and identity verification. Some of this information may be added to your Snagajob profile. - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Third party providers, e.g., background check and identity verification
Financial and transactional information, e.g. bank account number and paycard information. - Employment onboarding
- Fraud prevention and legal purposes
- You
- Employers
Customer service information, e.g. questions and other messages you address to us directly through online forms, by mail, over the phone, or by post; and summaries or voice recordings of your interactions with our customer support team. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Communications with other users, e.g. your in-Services messages and information surrounding those messages such as the date/time of the communication. - >Provide the Services
- Employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- The Employers you are communicating with
Research, survey, or sweepstakes information, e.g. if you participate in an internal Snagajob survey or sweepstakes on our Services or areas we can improve, we collect information needed for you to participate (such as contact information) and to fulfill your prize. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Survey partners
- Researchers and analysts
Information about others, e.g. if you submit information about your references or former employers; or if you use a "tell-a-friend" tool (or similar feature) that allows you to send information to another person, we will collect, at a minimum, the recipient's contact information. In providing this information, you represent that you are authorized to provide it. - Provide the Services
- Employment onboarding
- Fraud prevention and legal purposes
- You
- Other users (if you are the recipient of a communication
Device information and identifiers, e.g. IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network, information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Data We Collect from and About Employers
We also collect information from Employers to provide the Services. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, phone number, email address, postal address, account username, password, security questions and answers. - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Business or company information, e.g. business name, industry, FEIN, business phone number, location(s), links to external business websites, pictures, business logo. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Financial and transactional information, e.g. credit card information, billing address. - Provide the Services
- Fraud detection and prevention
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Employment opportunity information, e.g. title, wage range, location(s), availability information, desired qualifications and skills, job description and expectations, job postings. - Provide the Services
- Personalize your experience
- Communicate with you
- Application information and Employment onboarding
- You
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network and information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address or derived through Wi-Fi triangulation. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Additional Information
The following information provides additional information about the purposes for collecting and using your information.
2. Purposes of Use
Provide the Services, for example:
- Creating a profile and saving selected job postings
- Displaying job opportunities and potential candidates
- Processing and fulfilling your requests and transactions, including registrations, subscriptions, purchases, and payments
- Assisting you in submitting, requesting, processing, or reviewing an application
- Engaging in analysis, research, measuring and reports to better understand how you use the Services, so we can improve them, develop them, and fix errors
- Administering internal Net Promotor Score surveys
- Sending communications that you have requested on your behalf
- Understanding and resolving app crashes and other issues being reported
Application information and employment onboarding, for example:
- Applying for a job or shift
- Conducting background check and employment eligibility screenings
- Complying with applicable laws, including federal and state employment law
- Arranging for financial deposits and transactions and relevant trainings
- Facilitating logistics for employment, such as uniform sizing
Communicate with you, for example:
- Responding to your requests for information and provide you with more effective and efficient customer service and technical support, including to investigate, respond to and resolve incidents and complaints
- Keeping you updated regarding job opportunities, interview requests, application reminders, and/or jobs you may be interested in
- Informing Employers about new applicants to posted jobs, account-specific information, and/or promotions regarding our Services
- Providing you with transactional updates and information about the Services (e.g., inform you about updates to our Services, information about your account, or information about ecommerce transactions that you conduct on the Services)
- In accordance with applicable legal requirements, contacting you by email, postal mail, phone, or SMS regarding our Services. If participating in the Snagajob Info Alerts SMS/MMS/Text Program or any other feature that involves SMS messages, you should review the Snagajob SMS/MMS Terms.
Personalize your experience, for example:
- Finding and recommending appropriate and eligible job opportunities and candidates
- Sending you personalized newsletters, surveys, and information about Snagajob products and services
Secure our Services and users, for example:
- Monitoring, preventing, and detecting fraud, such as through verifying your identity
- Combatting spam or other malware or security risks
- Monitoring, enforcing, and improving the security of our Services
Fraud detection and prevention, defending our legal rights and compliance with the law, for example:
- Complying with any applicable procedures, laws, and regulations where it is necessary for our legitimate interests or the legitimate interests of others
- Establishing, exercising, or defending our legal rights where it is necessary for our legitimate interests or the legitimate interests of others (e.g., to enforce compliance with our Terms of Use, Privacy Policies, or to protect our Services, users, or others)
Combined Information.For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.
Consent.We may use all the categories of information set forth above for any purpose with your consent.
3. Cookies and Online Analytics.
We use a variety of online tracking and analytics tools (e.g., cookies, flash cookies, and pixel tags) to collect and analyze information as you use the Services. Among other things, these technologies allow us to offer you a more tailored experience in the future, by understanding and remembering your particular browsing and usage preferences.
We may also use third-party web analytics services (such as those of Google Analytics, Coremetrics, Mixpanel, and Segment) on our Services to collect and analyze information collected through these technologies to assist us in auditing, research, or reporting; fraud prevention; and providing certain features to you. The types of tracking and analytics tools we and our service providers use for these purposes are:
- “Cookies” are small data files stored on your computer or device to collect information about your use of the Services. Cookies may enable us to recognize you as the same user who used our Services in the past, and relate your use of the Services to other information we have about you. Cookies may also be used to enhance your experience on the Services (for example, by storing your username) and/or to collect general usage and aggregated statistical information. Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, limit your use of our Services or features. Learn more about the use of cookies, including how to manage or delete them. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.
- “Local shared objects,” or “flash cookies,” may be stored on your computer or device using a media player or other software. Local shared objects operate much like cookies, but cannot be managed in the same way. Depending on how local shared objects are enabled on your computer or device, you may be able to manage them using software settings. For information on managing flash cookies, for example, click here.
- “pixel tag” (also known as a “clear GIF” or “web beacon”) is a tiny image – typically just one-pixel – that can be placed on a web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our web pages.
Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for online advertising and analytics purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. Learn more about Do Not Track.
4. How We Share Data
- Seeker Data
We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Employers, Services, and Vendors We will share your information with Employers (or service providers acting on behalf of an employer) and services when you interact with them, at your request, and in accordance with your account settings. For example, if you click “Apply” for a job posting, we may share information with the relevant Employer (or a services provider acting on behalf of the employer) and when you complete a job application, we will share your application responses with the relevant Employer (or a service provider acting on behalf of an employer). In accordance with your profile settings, we may share your profile information with Employers who are searching for eligible job applicants. Moreover, we may share your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider. - Contact and account registration information
- Profile information
- Demographic and statistical information
- Personal identifiers and employment eligibility information
- Application responses
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other information
In Accordance with your Account Settings. You may be able to choose whether your profile information is visible to Employers on Snagajob’s network or the public at large. Be aware that any information included in your public profile may be read, collected, and used by others who access it. - Profile information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. subpoena or court order); (b) enforce our Terms of Service, the Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
- Employer Data
We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Seekers, Services, and Vendors. We will share your information with Seekers at your request. For example, if you post a job opportunity, we may share the information with relevant Seekers. You may also choose to use one of our third party vendor integrations related to Employer services, such as with a background check provider or payroll provider, and we would share relevant information at your direction to provide those services. - Business or employer information
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other Information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. a subpoena or court order); (b) enforce our Terms of Service, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
- Seeker Data
5. Aggregate/De-Identified Information
We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors, in our discretion.
6. Your Choices and Rights
You have certain rights with respect to your information as further described in this Section, in addition to any rights discussed elsewhere in this Privacy Policy. Please note your rights and choices vary depending upon your location.
Marketing Communications.
You may instruct us not to use your information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us using the information below. You may do so by logging into your Account and navigating towards Settings and, in commercial email messages, you can opt out by following the instructions located at the bottom of such emails. Removing your name from the email list may take a reasonable amount of time. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.
Account information.
We encourage you to periodically review and update your settings and profile information to reflect your job and communication preferences. You can access these settings at any time by logging in. If you would like us to close your account, you can reach out to us and we will do so.
Privacy Rights for California Residents.
If you are a California resident, California law requires us to provide you with some additional information regarding your rights with respect to your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).
A. Your California Privacy Rights
If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:
- Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
- Provide access to and/or a copy of certain personal information we hold about you.
- Delete certain personal information we have about you.
- Provide you with information about the financial incentives that we offer to you, if any.
The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.
Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Service to you. We also will take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name, email address, phone number, or other information. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request. Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you or to comply with a legal obligation. In some circumstances if you still ask us to delete your information, you may no longer be able to access or use our Services. If you would like further information regarding your legal rights under California law or would like to exercise any of them, please use the form on the Snagajob Knowledge Base.
With regard to personal information collected by Employers through Employer Direct Engagements, Seekers should direct requests to exercise applicable rights to the Employer on whose behalf we handle the data. If we receive a request from a Seeker directly in relation to information collected through an Employer Direct Engagement, we will refer that request to the appropriate Employer(s) and await each Employer’s instructions on how to handle it.
B. Collection, Use, and Disclosure of Californians’ Personal Information
During the 12 months leading up to the effective date of this Privacy Policy, we collected (and continue to collect) account registration information, contact information, profile information, demographic and statistical information, business or company information, personal identifiers and employment eligibility information, application responses, financial and transactional information, employment opportunity information, customer service information, communications with other users, research, survey, or sweepstakes information, information about others, device information and identifiers, connection and usage data, social media information, geolocation, and other information, as described in the “Data We Collect” section of our Privacy Policy.
This data was and continues to be used for providing our Services, facilitating employment applications, employment onboarding, sending communications, personalizing the Services, engaging in transactions, improving the Services, securing our Services and users, detecting and preventing fraud, defending our legal rights, and complying with the law, as described in more detail in the “Purpose of Use” section of this Privacy Policy.
During those 12 months, we disclosed personal information with consumers’ consent, in the ways described in Section C. below, and with service providers, Seekers and Employers (and related services and vendors), and third parties for legal purposes, as described in the “How We Share Data” section of this Privacy Policy.
C. Notice of Right to Opt-Out of Sale of Personal Information
California residents may opt out of the “sale” of their personal information. The CCPA broadly defines of “sale” in a way that may include when we share your information with Employers and others to provide you with job and other offers and opportunities that may be of interest to you. Depending on what Services you use, we may provide your profile information, such as your contact information (like your name, email address, and phone number), demographic and statistical information (like your educational history, employment history, and professional licenses), geolocation (like your city and state), and user-generated content (like your bio).
If you would like to opt out of Snagajob’s use of your information for such purposes that are considered a “sale” under California law, you may do so as outlined on the following page: Do Not Sell My Personal Information. Please be aware that if you submit a sale opt-out request, your profile information may still be visible to Employers on Snagajob’s network who are searching for eligible job applicants or the public at large in accordance with your profile settings. You can adjust your profile settings by visiting this page. Please note that we do not knowingly sell the personal information of minors under 16 years of age without legally-required affirmative authorization.
D. California “Shine the Light” Disclosure.
The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
Privacy Rights for Nevada Residents.
Under Nevada law, certain Nevada residents may opt out of the “sale” of “covered information” (as such term is defined under Nevada law) for monetary consideration to a person for that person to license or sell such information to additional persons. “Covered information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of the sale of your covered information under Nevada law please use the form found at Snagajob Knowledge Base.
7. How We Protect Your Data and Our Services
We take measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, and access. However, no method of transmission over the internet, and no means of electronic or physical storage, is absolutely secure. By using our Services, you acknowledge and accept that we cannot guarantee the security of your information and that use of our Services is at your own risk. You are responsible for keeping your account information—and especially your login information—confidential. We ask you not to share your login credentials with anyone.
When you sign up for an account, you may be required to establish a username and password. If you create an account with us, you are responsible for maintaining the confidentiality of your account password and for any activity that occurs under your account. We are not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
If you use messaging features that allow you to interact with Employers or Seekers directly through our Services, please note that these communications are not encrypted and, for security purposes, you should not include any passwords, social security numbers, payment card information, or other sensitive information in such communications.
We have implemented the Invisible reCAPTCHA on our Website. Your use of the Invisible reCAPTCHA is subject to the Google Privacy Policy and Terms of Use.
8. Retention of your Information
We store and maintain your information for the purposes for which it is processed by us. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
9. Your Obligations
As discussed further in our Terms of Use, Seekers and Employers have obligations that they must abide by in order to use the Services:
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
10. Third-Party Links and Features
The Services contain links to third-party services, and you may also integrate our Services with third-party services. For example, Seeker may click a job application link that takes them to a third-party website hosted by an Employer or a third-party. If you choose to use these third-party services or features, you may disclose your information not just to those third parties but also to their users and the public more generally, depending on how their services function. Snagajob is not responsible for the content or practices of such third-party services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties.
11. Children’s Privacy
The Services are not intended for children under 13 years of age and we do not knowingly collect, maintain, or use Personal Information from children under 13 years of age. We will take reasonable steps to delete personal information (as defined by the United States Children’s Online Privacy Protection Act) as soon as reasonably possible if we learn that we have inadvertently collected it from children under the age of 13 without parental consent.
If you learn that your child has provided us with Personal Information without your consent, you may alert us at [email protected]. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.
12. Changes to our Privacy Policy
We reserve the right to amend this Privacy Policy at any time. We will make the revised Privacy Policy accessible through the Services, so you should review the Policy periodically. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date” at the beginning of this Privacy Policy. If we make a material change to this Privacy Policy, we will provide you with notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy.
13. Contact Information
If you wish to contact us or have any questions about or complaints in relation to this Privacy Policy, please email us at [email protected] or use our online contact us form. Please note that your communications with us may not necessarily be secure. Therefore, please do not include credit card information and/or other sensitive information in your communications with us.
Effective February 15, 2021 to November 5, 2021
DownloadTable of Contents
Snagajob Privacy Policy
The Privacy Policy describes the data protection practices of Snagajob.com, Inc. and its affiliated companies (together referred to as “Snagajob” “we,” “us,” or “our”). This Privacy Policy applies to all websites and mobile applications owned and operated by us that link to this Privacy Policy, and related online and offline services (collectively, the “Services”).
Snagajob is a provider of cloud-based software services that help connect businesses (“Employers”) looking to hire for employment positions with our network of job and shift seekers (“Seekers”). When applicable we have made distinctions in these sections between Seekers and Employers to be transparent about the different situations in which we may collect, use, or share personal information.
When we handle information about Seekers who use our Services to fill out job applications or onboarding documents/forms for specific Employers or otherwise communicate directly with Employers (“Employer Direct Engagement”), we do so on behalf of the Employers as a service provider or processor. Employers determine how to engage with Seekers through our Services and thus act as the business that determines the purposes and means of handling Seeker data in relation to Employer Direct Engagements. In those circumstances, Seekers are ultimately subject to the privacy policies of the Employers with which they interact, and they should read those policies carefully. Snagajob is not responsible for the privacy practices of Employers. Snagajob acts as the business and not a service provider when Seekers build profiles and use related services.
1. Data We Collect
- Data We Collect From Seekers
We collect personal information in order to successfully provide Snagajob Services through the means discussed below. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, DOB, password, email address, username, phone number, wireless device, security questions and answers, city, state, ZIP code, and U.S. work eligibility ("Yes" or "No") - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Contact information, e.g. name, email address, postal address, and phone number - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Profile information, you may have choices about the information included in your profile, such as your name, email address, educational history, employment history, professional licenses, city and state, and bio. In accordance with your profile settings, you may be able to choose whether your profile information is visible to Employers on Snagajob’s network or the public at large. Be aware that any information included in your public or shared profile may be read, collected, and used by others who access it. - Provide the Services
- Application information and employment onboarding
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Demographic and statistical information, e.g. gender, race, age, date of birth, health information, apparel size, marital status, military and veteran status, nationality, disability information, criminal history information, educational history, employment history, professional licenses and memberships, schedule and availability, access to transportation, and responses to tests and surveys. - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Personal identifiers and employment eligibility information, e.g. photographs, driver's license number, operator's license number, motor vehicle license number, passport number, Social Security Number, other state or federal-issued identification numbers, and information you provide on tax and other government forms. - Provide the Services
- Application information and employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Employers
Application responses, e.g. when you submit an application using the Services, we may collect application question responses, documents uploaded for job applications, and results of background checks and identity verification. Some of this information may be added to your Snagajob profile. - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Third party providers, e.g., background check and identity verification
Financial and transactional information, e.g. bank account number and paycard information. - Employment onboarding
- Fraud prevention and legal purposes
- You
- Employers
Customer service information, e.g. questions and other messages you address to us directly through online forms, by mail, over the phone, or by post; and summaries or voice recordings of your interactions with our customer support team. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Communications with other users, e.g. your in-Services messages and information surrounding those messages such as the date/time of the communication. - >Provide the Services
- Employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- The Employers you are communicating with
Research, survey, or sweepstakes information, e.g. if you participate in an internal Snagajob survey or sweepstakes on our Services or areas we can improve, we collect information needed for you to participate (such as contact information) and to fulfill your prize. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Survey partners
- Researchers and analysts
Information about others, e.g. if you submit information about your references or former employers; or if you use a "tell-a-friend" tool (or similar feature) that allows you to send information to another person, we will collect, at a minimum, the recipient's contact information. In providing this information, you represent that you are authorized to provide it. - Provide the Services
- Employment onboarding
- Fraud prevention and legal purposes
- You
- Other users (if you are the recipient of a communication
Device information and identifiers, e.g. IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network, information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Data We Collect from and About Employers
We also collect information from Employers to provide the Services. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, phone number, email address, postal address, account username, password, security questions and answers. - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Business or company information, e.g. business name, industry, FEIN, business phone number, location(s), links to external business websites, pictures, business logo. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Financial and transactional information, e.g. credit card information, billing address. - Provide the Services
- Fraud detection and prevention
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Employment opportunity information, e.g. title, wage range, location(s), availability information, desired qualifications and skills, job description and expectations, job postings. - Provide the Services
- Personalize your experience
- Communicate with you
- Application information and Employment onboarding
- You
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network and information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address or derived through Wi-Fi triangulation. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Additional Information
The following information provides additional information about the purposes for collecting and using your information.
2. Purposes of Use
Provide the Services, for example:
- Creating a profile and saving selected job postings
- Displaying job opportunities and potential candidates
- Processing and fulfilling your requests and transactions, including registrations, subscriptions, purchases, and payments
- Assisting you in submitting, requesting, processing, or reviewing an application
- Engaging in analysis, research, measuring and reports to better understand how you use the Services, so we can improve them, develop them, and fix errors
- Administering internal Net Promotor Score surveys
- Sending communications that you have requested on your behalf
- Understanding and resolving app crashes and other issues being reported
Application information and employment onboarding, for example:
- Applying for a job or shift
- Conducting background check and employment eligibility screenings
- Complying with applicable laws, including federal and state employment law
- Arranging for financial deposits and transactions and relevant trainings
- Facilitating logistics for employment, such as uniform sizing
Communicate with you, for example:
- Responding to your requests for information and provide you with more effective and efficient customer service and technical support, including to investigate, respond to and resolve incidents and complaints
- Keeping you updated regarding job opportunities, interview requests, application reminders, and/or jobs you may be interested in
- Informing Employers about new applicants to posted jobs, account-specific information, and/or promotions regarding our Services
- Providing you with transactional updates and information about the Services (e.g., inform you about updates to our Services, information about your account, or information about ecommerce transactions that you conduct on the Services)
- In accordance with applicable legal requirements, contacting you by email, postal mail, phone, or SMS regarding our Services. If participating in the Snagajob Info Alerts SMS/MMS/Text Program or any other feature that involves SMS messages, you should review the Snagajob SMS/MMS Terms.
Personalize your experience, for example:
- Finding and recommending appropriate and eligible job opportunities and candidates
- Sending you personalized newsletters, surveys, and information about Snagajob products and services
Secure our Services and users, for example:
- Monitoring, preventing, and detecting fraud, such as through verifying your identity
- Combatting spam or other malware or security risks
- Monitoring, enforcing, and improving the security of our Services
Fraud detection and prevention, defending our legal rights and compliance with the law, for example:
- Complying with any applicable procedures, laws, and regulations where it is necessary for our legitimate interests or the legitimate interests of others
- Establishing, exercising, or defending our legal rights where it is necessary for our legitimate interests or the legitimate interests of others (e.g., to enforce compliance with our Terms of Use, Privacy Policies, or to protect our Services, users, or others)
Combined Information.For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.
Consent.We may use all the categories of information set forth above for any purpose with your consent.
3. Cookies and Online Analytics.
We use a variety of online tracking and analytics tools (e.g., cookies, flash cookies, and pixel tags) to collect and analyze information as you use the Services. Among other things, these technologies allow us to offer you a more tailored experience in the future, by understanding and remembering your particular browsing and usage preferences.
We may also use third-party web analytics services (such as those of Google Analytics, Coremetrics, Mixpanel, and Segment) on our Services to collect and analyze information collected through these technologies to assist us in auditing, research, or reporting; fraud prevention; and providing certain features to you. The types of tracking and analytics tools we and our service providers use for these purposes are:
- “Cookies” are small data files stored on your computer or device to collect information about your use of the Services. Cookies may enable us to recognize you as the same user who used our Services in the past, and relate your use of the Services to other information we have about you. Cookies may also be used to enhance your experience on the Services (for example, by storing your username) and/or to collect general usage and aggregated statistical information. Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, limit your use of our Services or features. Learn more about the use of cookies, including how to manage or delete them. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.
- “Local shared objects,” or “flash cookies,” may be stored on your computer or device using a media player or other software. Local shared objects operate much like cookies, but cannot be managed in the same way. Depending on how local shared objects are enabled on your computer or device, you may be able to manage them using software settings. For information on managing flash cookies, for example, click here.
- “pixel tag” (also known as a “clear GIF” or “web beacon”) is a tiny image – typically just one-pixel – that can be placed on a web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our web pages.
Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for online advertising and analytics purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. Learn more about Do Not Track.
4. How We Share Data
- Seeker Data
We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Employers, Services, and Vendors We will share your information with Employers and services when you interact with them, at your request, and in accordance with your account settings. For example, if you click “Apply” for a job posting, we may share information with the relevant Employer and when you complete a job application, we will share your application responses with the relevant Employer. In accordance with your profile settings, we may share your profile information with Employers who are searching for eligible job applicants. Moreover, we may share your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider. - Contact and account registration information
- Profile information
- Demographic and statistical information
- Personal identifiers and employment eligibility information
- Application responses
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other information
In Accordance with your Account Settings. You may be able to choose whether your profile information is visible to Employers on Snagajob’s network or the public at large. Be aware that any information included in your public profile may be read, collected, and used by others who access it. - Profile information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. subpoena or court order); (b) enforce our Terms of Service, the Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
- Employer Data
We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Seekers, Services, and Vendors. We will share your information with Seekers at your request. For example, if you post a job opportunity, we may share the information with relevant Seekers. You may also choose to use one of our third party vendor integrations related to Employer services, such as with a background check provider or payroll provider, and we would share relevant information at your direction to provide those services. - Business or employer information
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other Information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. a subpoena or court order); (b) enforce our Terms of Service, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
- Seeker Data
5. Aggregate/De-Identified Information
We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors, in our discretion.
6. Your Choices and Rights
You have certain rights with respect to your information as further described in this Section, in addition to any rights discussed elsewhere in this Privacy Policy. Please note your rights and choices vary depending upon your location.
Marketing Communications.
You may instruct us not to use your information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us using the information below. You may do so by logging into your Account and navigating towards Settings and, in commercial email messages, you can opt out by following the instructions located at the bottom of such emails. Removing your name from the email list may take a reasonable amount of time. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.
Account information.
We encourage you to periodically review and update your settings and profile information to reflect your job and communication preferences. You can access these settings at any time by logging in. If you would like us to close your account, you can reach out to us and we will do so.
Privacy Rights for California Residents.
If you are a California resident, California law requires us to provide you with some additional information regarding your rights with respect to your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).
A. Your California Privacy Rights
If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:
- Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
- Provide access to and/or a copy of certain personal information we hold about you.
- Delete certain personal information we have about you.
- Provide you with information about the financial incentives that we offer to you, if any.
The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.
Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Service to you. We also will take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name, email address, phone number, or other information. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request. Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you or to comply with a legal obligation. In some circumstances if you still ask us to delete your information, you may no longer be able to access or use our Services. If you would like further information regarding your legal rights under California law or would like to exercise any of them, please use the form on the Snagajob Knowledge Base.
With regard to personal information collected by Employers through Employer Direct Engagements, Seekers should direct requests to exercise applicable rights to the Employer on whose behalf we handle the data. If we receive a request from a Seeker directly in relation to information collected through an Employer Direct Engagement, we will refer that request to the appropriate Employer(s) and await each Employer’s instructions on how to handle it.
B. Collection, Use, and Disclosure of Californians’ Personal Information
During the 12 months leading up to the effective date of this Privacy Policy, we collected (and continue to collect) account registration information, contact information, profile information, demographic and statistical information, business or company information, personal identifiers and employment eligibility information, application responses, financial and transactional information, employment opportunity information, customer service information, communications with other users, research, survey, or sweepstakes information, information about others, device information and identifiers, connection and usage data, social media information, geolocation, and other information, as described in the “Data We Collect” section of our Privacy Policy.
This data was and continues to be used for providing our Services, facilitating employment applications, employment onboarding, sending communications, personalizing the Services, engaging in transactions, improving the Services, securing our Services and users, detecting and preventing fraud, defending our legal rights, and complying with the law, as described in more detail in the “Purpose of Use” section of this Privacy Policy.
During those 12 months, we disclosed personal information with consumers’ consent, in the ways described in Section C. below, and with service providers, Seekers and Employers (and related services and vendors), and third parties for legal purposes, as described in the “How We Share Data” section of this Privacy Policy.
C. Notice of Right to Opt-Out of Sale of Personal Information
California residents may opt out of the “sale” of their personal information. The CCPA broadly defines of “sale” in a way that may include when we share your information with Employers and others to provide you with job and other offers and opportunities that may be of interest to you. Depending on what Services you use, we may provide your profile information, such as your contact information (like your name, email address, and phone number), demographic and statistical information (like your educational history, employment history, and professional licenses), geolocation (like your city and state), and user-generated content (like your bio).
If you would like to opt out of Snagajob’s use of your information for such purposes that are considered a “sale” under California law, you may do so as outlined on the following page: Do Not Sell My Personal Information. Please be aware that if you submit a sale opt-out request, your profile information may still be visible to Employers on Snagajob’s network who are searching for eligible job applicants or the public at large in accordance with your profile settings. You can adjust your profile settings by visiting this page. Please note that we do not knowingly sell the personal information of minors under 16 years of age without legally-required affirmative authorization.
D. California “Shine the Light” Disclosure.
The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
Privacy Rights for Nevada Residents.
Under Nevada law, certain Nevada residents may opt out of the “sale” of “covered information” (as such term is defined under Nevada law) for monetary consideration to a person for that person to license or sell such information to additional persons. “Covered information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of the sale of your covered information under Nevada law please use the form found at Snagajob Knowledge Base.
7. How We Protect Your Data and Our Services
We take measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, and access. However, no method of transmission over the internet, and no means of electronic or physical storage, is absolutely secure. By using our Services, you acknowledge and accept that we cannot guarantee the security of your information and that use of our Services is at your own risk. You are responsible for keeping your account information—and especially your login information—confidential. We ask you not to share your login credentials with anyone.
When you sign up for an account, you may be required to establish a username and password. If you create an account with us, you are responsible for maintaining the confidentiality of your account password and for any activity that occurs under your account. We are not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
If you use messaging features that allow you to interact with Employers or Seekers directly through our Services, please note that these communications are not encrypted and, for security purposes, you should not include any passwords, social security numbers, payment card information, or other sensitive information in such communications.
We have implemented the Invisible reCAPTCHA on our Website. Your use of the Invisible reCAPTCHA is subject to the Google Privacy Policy and Terms of Use.
8. Retention of your Information
We store and maintain your information for the purposes for which it is processed by us. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
9. Your Obligations
As discussed further in our Terms of Use, Seekers and Employers have obligations that they must abide by in order to use the Services:
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
10. Third-Party Links and Features
The Services contain links to third-party services, and you may also integrate our Services with third-party services. For example, Seeker may click a job application link that takes them to a third-party website hosted by an Employer or a third-party. If you choose to use these third-party services or features, you may disclose your information not just to those third parties but also to their users and the public more generally, depending on how their services function. Snagajob is not responsible for the content or practices of such third-party services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties.
11. Children’s Privacy
The Services are not intended for children under 13 years of age and we do not knowingly collect, maintain, or use Personal Information from children under 13 years of age. We will take reasonable steps to delete personal information (as defined by the United States Children’s Online Privacy Protection Act) as soon as reasonably possible if we learn that we have inadvertently collected it from children under the age of 13 without parental consent.
If you learn that your child has provided us with Personal Information without your consent, you may alert us at [email protected]. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.
12. Changes to our Privacy Policy
We reserve the right to amend this Privacy Policy at any time. We will make the revised Privacy Policy accessible through the Services, so you should review the Policy periodically. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date” at the beginning of this Privacy Policy. If we make a material change to this Privacy Policy, we will provide you with notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy.
13. Contact Information
If you wish to contact us or have any questions about or complaints in relation to this Privacy Policy, please email us at [email protected] or use our online contact us form. Please note that your communications with us may not necessarily be secure. Therefore, please do not include credit card information and/or other sensitive information in your communications with us.
Effective November 30, 2020 to February 15, 2021
DownloadTable of Contents
Snagajob Privacy Policy
The Privacy Policy describes the data protection practices of Snagajob.com, Inc. and its affiliated companies (together referred to as “Snagajob” “we,” “us,” or “our”). This Privacy Policy applies to all websites and mobile applications owned and operated by us that link to this Privacy Policy, and related online and offline services (collectively, the “Services”).
Snagajob is a provider of cloud-based software services that help connect businesses (“Employers”) looking to hire for employment positions with our network of job and shift seekers (“Seekers”). When applicable we have made distinctions in these sections between Seekers and Employers to be transparent about the different situations in which we may collect, use, or share personal information.
When we handle information about Seekers who use our Services to fill out job applications or onboarding documents/forms for specific Employers or otherwise communicate directly with Employers (“Employer Direct Engagement”), we do so on behalf of the Employers as a service provider or processor. Employers determine how to engage with Seekers through our Services and thus act as the business that determines the purposes and means of handling Seeker data in relation to Employer Direct Engagements. In those circumstances, Seekers are ultimately subject to the privacy policies of the Employers with which they interact, and they should read those policies carefully. Snagajob is not responsible for the privacy practices of Employers. Snagajob acts as the business and not a service provider when Seekers build profiles and use related services.
1. Data We Collect
- Data We Collect From Seekers
We collect personal information in order to successfully provide Snagajob Services through the means discussed below. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, DOB, password, email address, username, phone number, wireless device, security questions and answers, city, state, ZIP code, and U.S. work eligibility ("Yes" or "No") - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Contact information, e.g. name, email address, postal address, and phone number - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Profile information, you may have choices about the information included in your profile, such as your name, email address, educational history, employment history, professional licenses, city and state, and bio. In accordance with your profile settings, you may be able to choose whether your profile information is visible to Employers on Snagajob’s network or the public at large. Be aware that any information included in your public or shared profile may be read, collected, and used by others who access it. - Provide the Services
- Application information and employment onboarding
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Demographic and statistical information, e.g. gender, race, age, date of birth, health information, apparel size, marital status, military and veteran status, nationality, disability information, criminal history information, educational history, employment history, professional licenses and memberships, schedule and availability, access to transportation, and responses to tests and surveys. - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Personal identifiers and employment eligibility information, e.g. photographs, driver's license number, operator's license number, motor vehicle license number, passport number, Social Security Number, other state or federal-issued identification numbers, and information you provide on tax and other government forms. - Provide the Services
- Application information and employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Employers
Application responses, e.g. when you submit an application using the Services, we may collect application question responses, documents uploaded for job applications, and results of background checks and identity verification. Some of this information may be added to your Snagajob profile. - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Third party providers, e.g., background check and identity verification
Financial and transactional information, e.g. bank account number and paycard information. - Employment onboarding
- Fraud prevention and legal purposes
- You
- Employers
Customer service information, e.g. questions and other messages you address to us directly through online forms, by mail, over the phone, or by post; and summaries or voice recordings of your interactions with our customer support team. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Communications with other users, e.g. your in-Services messages and information surrounding those messages such as the date/time of the communication. - >Provide the Services
- Employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- The Employers you are communicating with
Research, survey, or sweepstakes information, e.g. if you participate in an internal Snagajob survey or sweepstakes on our Services or areas we can improve, we collect information needed for you to participate (such as contact information) and to fulfill your prize. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Survey partners
- Researchers and analysts
Information about others, e.g. if you submit information about your references or former employers; or if you use a "tell-a-friend" tool (or similar feature) that allows you to send information to another person, we will collect, at a minimum, the recipient's contact information. In providing this information, you represent that you are authorized to provide it. - Provide the Services
- Employment onboarding
- Fraud prevention and legal purposes
- You
- Other users (if you are the recipient of a communication
Device information and identifiers, e.g. IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network, information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Data We Collect from and About Employers
We also collect information from Employers to provide the Services. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, phone number, email address, postal address, account username, password, security questions and answers. - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Business or company information, e.g. business name, industry, FEIN, business phone number, location(s), links to external business websites, pictures, business logo. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Financial and transactional information, e.g. credit card information, billing address. - Provide the Services
- Fraud detection and prevention
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Employment opportunity information, e.g. title, wage range, location(s), availability information, desired qualifications and skills, job description and expectations, job postings. - Provide the Services
- Personalize your experience
- Communicate with you
- Application information and Employment onboarding
- You
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network and information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address or derived through Wi-Fi triangulation. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Additional Information
The following information provides additional information about the purposes for collecting and using your information.
2. Purposes of Use
Provide the Services, for example:
- Creating a profile and saving selected job postings
- Displaying job opportunities and potential candidates
- Processing and fulfilling your requests and transactions, including registrations, subscriptions, purchases, and payments
- Assisting you in submitting, requesting, processing, or reviewing an application
- Engaging in analysis, research, measuring and reports to better understand how you use the Services, so we can improve them, develop them, and fix errors
- Administering internal Net Promotor Score surveys
- Sending communications that you have requested on your behalf
- Understanding and resolving app crashes and other issues being reported
Application information and employment onboarding, for example:
- Applying for a job or shift
- Conducting background check and employment eligibility screenings
- Complying with applicable laws, including federal and state employment law
- Arranging for financial deposits and transactions and relevant trainings
- Facilitating logistics for employment, such as uniform sizing
Communicate with you, for example:
- Responding to your requests for information and provide you with more effective and efficient customer service and technical support, including to investigate, respond to and resolve incidents and complaints
- Keeping you updated regarding job opportunities, interview requests, application reminders, and/or jobs you may be interested in
- Informing Employers about new applicants to posted jobs, account-specific information, and/or promotions regarding our Services
- Providing you with transactional updates and information about the Services (e.g., inform you about updates to our Services, information about your account, or information about ecommerce transactions that you conduct on the Services)
- In accordance with applicable legal requirements, contacting you by email, postal mail, phone, or SMS regarding our Services. If participating in the Snagajob Info Alerts SMS/MMS/Text Program or any other feature that involves SMS messages, you should review the Snagajob SMS/MMS Terms.
Personalize your experience, for example:
- Finding and recommending appropriate and eligible job opportunities and candidates
- Sending you personalized newsletters, surveys, and information about Snagajob products and services
Secure our Services and users, for example:
- Monitoring, preventing, and detecting fraud, such as through verifying your identity
- Combatting spam or other malware or security risks
- Monitoring, enforcing, and improving the security of our Services
Fraud detection and prevention, defending our legal rights and compliance with the law, for example:
- Complying with any applicable procedures, laws, and regulations where it is necessary for our legitimate interests or the legitimate interests of others
- Establishing, exercising, or defending our legal rights where it is necessary for our legitimate interests or the legitimate interests of others (e.g., to enforce compliance with our Terms of Use, Privacy Policies, or to protect our Services, users, or others)
Combined Information.For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.
Consent.We may use all the categories of information set forth above for any purpose with your consent.
3. Cookies and Online Analytics.
We use a variety of online tracking and analytics tools (e.g., cookies, flash cookies, and pixel tags) to collect and analyze information as you use the Services. Among other things, these technologies allow us to offer you a more tailored experience in the future, by understanding and remembering your particular browsing and usage preferences.
We may also use third-party web analytics services (such as those of Google Analytics, Coremetrics, Mixpanel, and Segment) on our Services to collect and analyze information collected through these technologies to assist us in auditing, research, or reporting; fraud prevention; and providing certain features to you. The types of tracking and analytics tools we and our service providers use for these purposes are:
- “Cookies” are small data files stored on your computer or device to collect information about your use of the Services. Cookies may enable us to recognize you as the same user who used our Services in the past, and relate your use of the Services to other information we have about you. Cookies may also be used to enhance your experience on the Services (for example, by storing your username) and/or to collect general usage and aggregated statistical information. Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, limit your use of our Services or features. Learn more about the use of cookies, including how to manage or delete them. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.
- “Local shared objects,” or “flash cookies,” may be stored on your computer or device using a media player or other software. Local shared objects operate much like cookies, but cannot be managed in the same way. Depending on how local shared objects are enabled on your computer or device, you may be able to manage them using software settings. For information on managing flash cookies, for example, click here.
- “pixel tag” (also known as a “clear GIF” or “web beacon”) is a tiny image – typically just one-pixel – that can be placed on a web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our web pages.
Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for online advertising and analytics purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. Learn more about Do Not Track.
4. How We Share Data
- Seeker Data
We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Employers, Services, and Vendors We will share your information with Employers and services when you interact with them, at your request, and in accordance with your account settings. For example, if you click “Apply” for a job posting, we may share information with the relevant Employer and when you complete a job application, we will share your application responses with the relevant Employer. In accordance with your profile settings, we may share your profile information with Employers who are searching for eligible job applicants. Moreover, we may share your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider. - Contact and account registration information
- Profile information
- Demographic and statistical information
- Personal identifiers and employment eligibility information
- Application responses
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other information
In Accordance with your Account Settings. You may be able to choose whether your profile information is visible to Employers on Snagajob’s network or the public at large. Be aware that any information included in your public profile may be read, collected, and used by others who access it. - Profile information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. subpoena or court order); (b) enforce our Terms of Service, the Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
- Employer Data
We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Seekers, Services, and Vendors. We will share your information with Seekers at your request. For example, if you post a job opportunity, we may share the information with relevant Seekers. You may also choose to use one of our third party vendor integrations related to Employer services, such as with a background check provider or payroll provider, and we would share relevant information at your direction to provide those services. - Business or employer information
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other Information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. a subpoena or court order); (b) enforce our Terms of Service, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
- Seeker Data
5. Aggregate/De-Identified Information
We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors, in our discretion.
6. Your Choices and Rights
You have certain rights with respect to your information as further described in this Section, in addition to any rights discussed elsewhere in this Privacy Policy. Please note your rights and choices vary depending upon your location.
Marketing Communications.
You may instruct us not to use your information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us using the information below. You may do so by logging into your Account and navigating towards Settings and, in commercial email messages, you can opt out by following the instructions located at the bottom of such emails. Removing your name from the email list may take a reasonable amount of time. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.
Account information.
We encourage you to periodically review and update your settings and profile information to reflect your job and communication preferences. You can access these settings at any time by logging in. If you would like us to close your account, you can reach out to us and we will do so.
Privacy Rights for California Residents.
If you are a California resident, California law requires us to provide you with some additional information regarding your rights with respect to your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).
A. Your California Privacy Rights
If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:
- Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
- Provide access to and/or a copy of certain personal information we hold about you.
- Delete certain personal information we have about you.
- Provide you with information about the financial incentives that we offer to you, if any.
The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.
Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Service to you. We also will take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name, email address, phone number, or other information. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request. Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you or to comply with a legal obligation. In some circumstances if you still ask us to delete your information, you may no longer be able to access or use our Services. If you would like further information regarding your legal rights under California law or would like to exercise any of them, please use the form on the Snagajob Knowledge Base or contact us at [email protected]
With regard to personal information collected by Employers through Employer Direct Engagements, Seekers should direct requests to exercise applicable rights to the Employer on whose behalf we handle the data. If we receive a request from a Seeker directly in relation to information collected through an Employer Direct Engagement, we will refer that request to the appropriate Employer(s) and await each Employer’s instructions on how to handle it.
B. Collection, Use, and Disclosure of Californians’ Personal Information
During the 12 months leading up to the effective date of this Privacy Policy, we collected (and continue to collect) account registration information, contact information, profile information, demographic and statistical information, business or company information, personal identifiers and employment eligibility information, application responses, financial and transactional information, employment opportunity information, customer service information, communications with other users, research, survey, or sweepstakes information, information about others, device information and identifiers, connection and usage data, social media information, geolocation, and other information, as described in the “Data We Collect” section of our Privacy Policy.
This data was and continues to be used for providing our Services, facilitating employment applications, employment onboarding, sending communications, personalizing the Services, engaging in transactions, improving the Services, securing our Services and users, detecting and preventing fraud, defending our legal rights, and complying with the law, as described in more detail in the “Purpose of Use” section of this Privacy Policy.
During those 12 months, we disclosed personal information with consumers’ consent, in the ways described in Section C. below, and with service providers, Seekers and Employers (and related services and vendors), and third parties for legal purposes, as described in the “How We Share Data” section of this Privacy Policy.
C. Notice of Right to Opt-Out of Sale of Personal Information
California residents may opt out of the “sale” of their personal information. The CCPA broadly defines of “sale” in a way that may include when we share your information with Employers and others to provide you with job and other offers and opportunities that may be of interest to you. Depending on what Services you use, we may provide your profile information, such as your contact information (like your name, email address, and phone number), demographic and statistical information (like your educational history, employment history, and professional licenses), geolocation (like your city and state), and user-generated content (like your bio).
If you would like to opt out of Snagajob’s use of your information for such purposes that are considered a “sale” under California law, you may do so as outlined on the following page: Do Not Sell My Personal Information. You can also submit a sale opt-out request by emailing us at [email protected]. Please be aware that if you submit a sale opt-out request, your profile information may still be visible to Employers on Snagajob’s network who are searching for eligible job applicants or the public at large in accordance with your profile settings. You can adjust your profile settings by visiting this page. Please note that we do not knowingly sell the personal information of minors under 16 years of age without legally-required affirmative authorization.
D. California “Shine the Light” Disclosure.
The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
Privacy Rights for Nevada Residents.
Under Nevada law, certain Nevada residents may opt out of the “sale” of “covered information” (as such term is defined under Nevada law) for monetary consideration to a person for that person to license or sell such information to additional persons. “Covered information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of the sale of your covered information under Nevada law by emailing us at [email protected]. Please note we will take reasonable steps to verify your identity and the authenticity of the request.
7. How We Protect Your Data and Our Services
We take measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, and access. However, no method of transmission over the internet, and no means of electronic or physical storage, is absolutely secure. By using our Services, you acknowledge and accept that we cannot guarantee the security of your information and that use of our Services is at your own risk. You are responsible for keeping your account information—and especially your login information—confidential. We ask you not to share your login credentials with anyone.
When you sign up for an account, you may be required to establish a username and password. If you create an account with us, you are responsible for maintaining the confidentiality of your account password and for any activity that occurs under your account. We are not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
If you use messaging features that allow you to interact with Employers or Seekers directly through our Services, please note that these communications are not encrypted and, for security purposes, you should not include any passwords, social security numbers, payment card information, or other sensitive information in such communications.
We have implemented the Invisible reCAPTCHA on our Website. Your use of the Invisible reCAPTCHA is subject to the Google Privacy Policy and Terms of Use.
8. Retention of your Information
We store and maintain your information for the purposes for which it is processed by us. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
9. Your Obligations
As discussed further in our Terms of Use, Seekers and Employers have obligations that they must abide by in order to use the Services:
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
10. Third-Party Links and Features
The Services contain links to third-party services, and you may also integrate our Services with third-party services. For example, Seeker may click a job application link that takes them to a third-party website hosted by an Employer or a third-party. If you choose to use these third-party services or features, you may disclose your information not just to those third parties but also to their users and the public more generally, depending on how their services function. Snagajob is not responsible for the content or practices of such third-party services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties.
11. Children’s Privacy
The Services are not intended for children under 13 years of age and we do not knowingly collect, maintain, or use Personal Information from children under 13 years of age. We will take reasonable steps to delete personal information (as defined by the United States Children’s Online Privacy Protection Act) as soon as reasonably possible if we learn that we have inadvertently collected it from children under the age of 13 without parental consent.
If you learn that your child has provided us with Personal Information without your consent, you may alert us at [email protected]. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.
12. Changes to our Privacy Policy
We reserve the right to amend this Privacy Policy at any time. We will make the revised Privacy Policy accessible through the Services, so you should review the Policy periodically. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date” at the beginning of this Privacy Policy. If we make a material change to this Privacy Policy, we will provide you with notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy.
13. Contact Information
If you wish to contact us or have any questions about or complaints in relation to this Privacy Policy, please email us at [email protected] or use our online contact us form. Please note that your communications with us may not necessarily be secure. Therefore, please do not include credit card information and/or other sensitive information in your communications with us.
Effective October 26, 2020 to November 30, 2020
DownloadTable of Contents
Snagajob Privacy Policy
The Privacy Policy describes the data protection practices of Snagajob.com, Inc. and its affiliated companies (together referred to as “Snagajob” “we,” “us,” or “our”). This Privacy Policy applies to all websites and mobile applications owned and operated by us that link to this Privacy Policy, and related online and offline services (collectively, the “Services”).
Snagajob is a provider of cloud-based software services that help connect businesses (“Employers”) looking to hire for employment positions with our network of job and shift seekers (“Seekers”). When applicable we have made distinctions in these sections between Seekers and Employers to be transparent about the different situations in which we may collect, use, or share personal information.
When we handle information about Seekers who use our Services to fill out job applications or onboarding documents/forms for specific Employers or otherwise communicate directly with Employers (“Employer Direct Engagement”), we do so on behalf of the Employers as a service provider or processor. Employers determine how to engage with Seekers through our Services and thus act as the business that determines the purposes and means of handling Seeker data in relation to Employer Direct Engagements. In those circumstances, Seekers are ultimately subject to the privacy policies of the Employers with which they interact, and they should read those policies carefully. Snagajob is not responsible for the privacy practices of Employers. Snagajob acts as the business and not a service provider when Seekers build profiles and use related services.
1. Data We Collect
- Data We Collect From Seekers
We collect personal information in order to successfully provide Snagajob Services through the means discussed below. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, DOB, password, email address, username, phone number, wireless device, security questions and answers, city, state, ZIP code, and U.S. work eligibility ("Yes" or "No") - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Contact information, e.g. name, email address, postal address, and phone number - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Profile information, you may have choices about the information included in your profile, such as your name, email address, educational history, employment history, professional licenses, city and state, and bio. In accordance with your profile settings, you may be able to choose whether your profile information is visible to Employers on Snagajob’s network or the public at large. Be aware that any information included in your public or shared profile may be read, collected, and used by others who access it. - Provide the Services
- Application information and employment onboarding
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Demographic and statistical information, e.g. gender, race, age, date of birth, health information, apparel size, marital status, military and veteran status, nationality, disability information, criminal history information, educational history, employment history, professional licenses and memberships, schedule and availability, access to transportation, and responses to tests and surveys. - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Personal identifiers and employment eligibility information, e.g. photographs, driver's license number, operator's license number, motor vehicle license number, passport number, Social Security Number, other state or federal-issued identification numbers, and information you provide on tax and other government forms. - Provide the Services
- Application information and employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Employers
Application responses, e.g. when you submit an application using the Services, we may collect application question responses, documents uploaded for job applications, and results of background checks and identity verification. Some of this information may be added to your Snagajob profile. - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Third party providers, e.g., background check and identity verification
Financial and transactional information, e.g. bank account number and paycard information. - Employment onboarding
- Fraud prevention and legal purposes
- You
- Employers
Customer service information, e.g. questions and other messages you address to us directly through online forms, by mail, over the phone, or by post; and summaries or voice recordings of your interactions with our customer support team. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Communications with other users, e.g. your in-Services messages and information surrounding those messages such as the date/time of the communication. - >Provide the Services
- Employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- The Employers you are communicating with
Research, survey, or sweepstakes information, e.g. if you participate in an internal Snagajob survey or sweepstakes on our Services or areas we can improve, we collect information needed for you to participate (such as contact information) and to fulfill your prize. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Survey partners
- Researchers and analysts
Information about others, e.g. if you submit information about your references or former employers; or if you use a "tell-a-friend" tool (or similar feature) that allows you to send information to another person, we will collect, at a minimum, the recipient's contact information. In providing this information, you represent that you are authorized to provide it. - Provide the Services
- Employment onboarding
- Fraud prevention and legal purposes
- You
- Other users (if you are the recipient of a communication
Device information and identifiers, e.g. IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network, information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Data We Collect from and About Employers
We also collect information from Employers to provide the Services. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, phone number, email address, postal address, account username, password, security questions and answers. - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Business or company information, e.g. business name, industry, FEIN, business phone number, location(s), links to external business websites, pictures, business logo. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Financial and transactional information, e.g. credit card information, billing address. - Provide the Services
- Fraud detection and prevention
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Employment opportunity information, e.g. title, wage range, location(s), availability information, desired qualifications and skills, job description and expectations, job postings. - Provide the Services
- Personalize your experience
- Communicate with you
- Application information and Employment onboarding
- You
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network and information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address or derived through Wi-Fi triangulation. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Additional Information
The following information provides additional information about the purposes for collecting and using your information.
2. Purposes of Use
Provide the Services, for example:
- Creating a profile and saving selected job postings
- Displaying job opportunities and potential candidates
- Processing and fulfilling your requests and transactions, including registrations, subscriptions, purchases, and payments
- Assisting you in submitting, requesting, processing, or reviewing an application
- Engaging in analysis, research, measuring and reports to better understand how you use the Services, so we can improve them, develop them, and fix errors
- Administering internal Net Promotor Score surveys
- Sending communications that you have requested on your behalf
- Understanding and resolving app crashes and other issues being reported
Application information and employment onboarding, for example:
- Applying for a job or shift
- Conducting background check and employment eligibility screenings
- Complying with applicable laws, including federal and state employment law
- Arranging for financial deposits and transactions and relevant trainings
- Facilitating logistics for employment, such as uniform sizing
Communicate with you, for example:
- Responding to your requests for information and provide you with more effective and efficient customer service and technical support, including to investigate, respond to and resolve incidents and complaints
- Keeping you updated regarding job opportunities, interview requests, application reminders, and/or jobs you may be interested in
- Informing Employers about new applicants to posted jobs, account-specific information, and/or promotions regarding our Services
- Providing you with transactional updates and information about the Services (e.g., inform you about updates to our Services, information about your account, or information about ecommerce transactions that you conduct on the Services)
- In accordance with applicable legal requirements, contacting you by email, postal mail, phone, or SMS regarding our Services. If participating in the Snagajob Info Alerts SMS/MMS/Text Program or any other feature that involves SMS messages, you should review the Snagajob SMS/MMS Terms.
Personalize your experience, for example:
- Finding and recommending appropriate and eligible job opportunities and candidates
- Sending you personalized newsletters, surveys, and information about Snagajob products and services
Secure our Services and users, for example:
- Monitoring, preventing, and detecting fraud, such as through verifying your identity
- Combatting spam or other malware or security risks
- Monitoring, enforcing, and improving the security of our Services
Fraud detection and prevention, defending our legal rights and compliance with the law, for example:
- Complying with any applicable procedures, laws, and regulations where it is necessary for our legitimate interests or the legitimate interests of others
- Establishing, exercising, or defending our legal rights where it is necessary for our legitimate interests or the legitimate interests of others (e.g., to enforce compliance with our Terms of Use, Privacy Policies, or to protect our Services, users, or others)
Combined Information.For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.
Consent.We may use all the categories of information set forth above for any purpose with your consent.
3. Cookies and Online Analytics.
We use a variety of online tracking and analytics tools (e.g., cookies, flash cookies, and pixel tags) to collect and analyze information as you use the Services. Among other things, these technologies allow us to offer you a more tailored experience in the future, by understanding and remembering your particular browsing and usage preferences.
We may also use third-party web analytics services (such as those of Google Analytics, Coremetrics, Mixpanel, and Segment) on our Services to collect and analyze information collected through these technologies to assist us in auditing, research, or reporting; fraud prevention; and providing certain features to you. The types of tracking and analytics tools we and our service providers use for these purposes are:
- “Cookies” are small data files stored on your computer or device to collect information about your use of the Services. Cookies may enable us to recognize you as the same user who used our Services in the past, and relate your use of the Services to other information we have about you. Cookies may also be used to enhance your experience on the Services (for example, by storing your username) and/or to collect general usage and aggregated statistical information. Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, limit your use of our Services or features. Learn more about the use of cookies, including how to manage or delete them. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.
- “Local shared objects,” or “flash cookies,” may be stored on your computer or device using a media player or other software. Local shared objects operate much like cookies, but cannot be managed in the same way. Depending on how local shared objects are enabled on your computer or device, you may be able to manage them using software settings. For information on managing flash cookies, for example, click here.
- “pixel tag” (also known as a “clear GIF” or “web beacon”) is a tiny image – typically just one-pixel – that can be placed on a web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our web pages.
Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for online advertising and analytics purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. Learn more about Do Not Track.
4. How We Share Data
- Seeker Data
We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Employers, Services, and Vendors We will share your information with Employers and services when you interact with them, at your request, and in accordance with your account settings. For example, if you click “Apply” for a job posting, we may share information with the relevant Employer and when you complete a job application, we will share your application responses with the relevant Employer. In accordance with your profile settings, we may share your profile information with Employers who are searching for eligible job applicants. Moreover, we may share your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider. - Contact and account registration information
- Profile information
- Demographic and statistical information
- Personal identifiers and employment eligibility information
- Application responses
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other information
In Accordance with your Account Settings. You may be able to choose whether your profile information is visible to Employers on Snagajob’s network or the public at large. Be aware that any information included in your public profile may be read, collected, and used by others who access it. - Profile information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. subpoena or court order); (b) enforce our Terms of Service, the Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
- Employer Data
We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Seekers, Services, and Vendors. We will share your information with Seekers at your request. For example, if you post a job opportunity, we may share the information with relevant Seekers. You may also choose to use one of our third party vendor integrations related to Employer services, such as with a background check provider or payroll provider, and we would share relevant information at your direction to provide those services. - Business or employer information
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other Information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. a subpoena or court order); (b) enforce our Terms of Service, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
- Seeker Data
5. Aggregate/De-Identified Information
We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors, in our discretion.
6. Your Choices and Rights
You have certain rights with respect to your information as further described in this Section, in addition to any rights discussed elsewhere in this Privacy Policy. Please note your rights and choices vary depending upon your location.
Marketing Communications.
You may instruct us not to use your information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us using the information below. You may do so by logging into your Account and navigating towards Settings and, in commercial email messages, you can opt out by following the instructions located at the bottom of such emails. Removing your name from the email list may take a reasonable amount of time. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.
Account information.
We encourage you to periodically review and update your settings and profile information to reflect your job and communication preferences. You can access these settings at any time by logging in. If you would like us to close your account, you can reach out to us and we will do so.
Privacy Rights for California Residents.
If you are a California resident, California law requires us to provide you with some additional information regarding your rights with respect to your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).
A. Your California Privacy Rights
If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:
- Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
- Provide access to and/or a copy of certain personal information we hold about you.
- Delete certain personal information we have about you.
- Provide you with information about the financial incentives that we offer to you, if any.
The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.
Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Service to you. We also will take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name, email address, phone number, or other information. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request. Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you or to comply with a legal obligation. In some circumstances if you still ask us to delete your information, you may no longer be able to access or use our Services. If you would like further information regarding your legal rights under California law or would like to exercise any of them, please use the form on the Snagajob Knowledge Base or contact us at [email protected]
With regard to personal information collected by Employers through Employer Direct Engagements, Seekers should direct requests to exercise applicable rights to the Employer on whose behalf we handle the data. If we receive a request from a Seeker directly in relation to information collected through an Employer Direct Engagement, we will refer that request to the appropriate Employer(s) and await each Employer’s instructions on how to handle it.
B. Collection, Use, and Disclosure of Californians’ Personal Information
During the 12 months leading up to the effective date of this Privacy Policy, we collected (and continue to collect) account registration information, contact information, profile information, demographic and statistical information, business or company information, personal identifiers and employment eligibility information, application responses, financial and transactional information, employment opportunity information, customer service information, communications with other users, research, survey, or sweepstakes information, information about others, device information and identifiers, connection and usage data, social media information, geolocation, and other information, as described in the “Data We Collect” section of our Privacy Policy.
This data was and continues to be used for providing our Services, facilitating employment applications, employment onboarding, sending communications, personalizing the Services, engaging in transactions, improving the Services, securing our Services and users, detecting and preventing fraud, defending our legal rights, and complying with the law, as described in more detail in the “Purpose of Use” section of this Privacy Policy.
During those 12 months, we disclosed personal information with consumers’ consent, in the ways described in Section C. below, and with service providers, Seekers and Employers (and related services and vendors), and third parties for legal purposes, as described in the “How We Share Data” section of this Privacy Policy.
C. Notice of Right to Opt-Out of Sale of Personal Information
California residents may opt out of the “sale” of their personal information. The CCPA broadly defines of “sale” in a way that may include when we share your information with Employers and others to provide you with job and other offers and opportunities that may be of interest to you. Depending on what Services you use, we may provide your profile information, such as your contact information (like your name, email address, and phone number), demographic and statistical information (like your educational history, employment history, and professional licenses), geolocation (like your city and state), and user-generated content (like your bio).
If you would like to opt out of Snagajob’s use of your information for such purposes that are considered a “sale” under California law, you may do so as outlined on the following page: Do Not Sell My Personal Information. You can also submit a sale opt-out request by emailing us at [email protected]. Please be aware that if you submit a sale opt-out request, your profile information may still be visible to Employers on Snagajob’s network who are searching for eligible job applicants or the public at large in accordance with your profile settings. You can adjust your profile settings by visiting this page. Please note that we do not knowingly sell the personal information of minors under 16 years of age without legally-required affirmative authorization.
D. California “Shine the Light” Disclosure.
The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
Privacy Rights for Nevada Residents.
Under Nevada law, certain Nevada residents may opt out of the “sale” of “covered information” (as such term is defined under Nevada law) for monetary consideration to a person for that person to license or sell such information to additional persons. “Covered information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of the sale of your covered information under Nevada law by emailing us at [email protected]. Please note we will take reasonable steps to verify your identity and the authenticity of the request.
7. How We Protect Your Data and Our Services
We take measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, and access. However, no method of transmission over the internet, and no means of electronic or physical storage, is absolutely secure. By using our Services, you acknowledge and accept that we cannot guarantee the security of your information and that use of our Services is at your own risk. You are responsible for keeping your account information—and especially your login information—confidential. We ask you not to share your login credentials with anyone.
When you sign up for an account, you may be required to establish a username and password. If you create an account with us, you are responsible for maintaining the confidentiality of your account password and for any activity that occurs under your account. We are not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
If you use messaging features that allow you to interact with Employers or Seekers directly through our Services, please note that these communications are not encrypted and, for security purposes, you should not include any passwords, social security numbers, payment card information, or other sensitive information in such communications.
We have implemented the Invisible reCAPTCHA on our Website. Your use of the Invisible reCAPTCHA is subject to the Google Privacy Policy and Terms of Use.
8. Retention of your Information
We store and maintain your information for the purposes for which it is processed by us. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
9. Your Obligations
As discussed further in our Terms of Use, Seekers and Employers have obligations that they must abide by in order to use the Services:
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
10. Third-Party Links and Features
The Services contain links to third-party services, and you may also integrate our Services with third-party services. For example, Seeker may click a job application link that takes them to a third-party website hosted by an Employer or a third-party. If you choose to use these third-party services or features, you may disclose your information not just to those third parties but also to their users and the public more generally, depending on how their services function. Snagajob is not responsible for the content or practices of such third-party services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties.
11. Children’s Privacy
The Services are not intended for children under 13 years of age and we do not knowingly collect, maintain, or use Personal Information from children under 13 years of age. We will take reasonable steps to delete personal information (as defined by the United States Children’s Online Privacy Protection Act) as soon as reasonably possible if we learn that we have inadvertently collected it from children under the age of 13 without parental consent.
If you learn that your child has provided us with Personal Information without your consent, you may alert us at [email protected]. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.
12. Changes to our Privacy Policy
We reserve the right to amend this Privacy Policy at any time. We will make the revised Privacy Policy accessible through the Services, so you should review the Policy periodically. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date” at the beginning of this Privacy Policy. If we make a material change to this Privacy Policy, we will provide you with notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy.
13. Contact Information
If you wish to contact us or have any questions about or complaints in relation to this Privacy Policy, please email us at [email protected] or use our online contact us form. Please note that your communications with us may not necessarily be secure. Therefore, please do not include credit card information and/or other sensitive information in your communications with us.
Effective June 9, 2020 to October 26, 2020
DownloadTable of Contents
Snagajob Privacy Policy
The Privacy Policy describes the data protection practices of Snagajob.com, Inc. and its affiliated companies (together referred to as “Snagajob” “we,” “us,” or “our”). This Privacy Policy applies to all websites and mobile applications owned and operated by us that link to this Privacy Policy, and related online and offline services (collectively, the “Services”).
Snagajob is a provider of cloud-based software services that help connect businesses (“Employers”) looking to hire for employment positions with our network of job and shift seekers (“Seekers”). When applicable we have made distinctions in these sections between Seekers and Employers to be transparent about the different situations in which we may collect, use, or share personal information.
When we handle information about Seekers who use our Services to fill out job applications or onboarding documents/forms for specific Employers or otherwise communicate directly with Employers (“Employer Direct Engagement”), we do so on behalf of the Employers as a service provider or processor. Employers determine how to engage with Seekers through our Services and thus act as the business that determines the purposes and means of handling Seeker data in relation to Employer Direct Engagements. In those circumstances, Seekers are ultimately subject to the privacy policies of the Employers with which they interact, and they should read those policies carefully. Snagajob is not responsible for the privacy practices of Employers. Snagajob acts as the business and not a service provider when Seekers build profiles and use related services.
PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. By using Snagajob Services, you are expressly and voluntarily accepting the terms and conditions of this Privacy Policy and our Terms of Use that allow us to process information about you.
1. Data We Collect
- Data We Collect From Seekers
We collect personal information in order to successfully provide Snagajob Services through the means discussed below. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, DOB, password, email address, username, phone number, wireless device, security questions and answers, city, state, ZIP code, and U.S. work eligibility ("Yes" or "No") - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Contact information, e.g. name, email address, postal address, and phone number - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Demographic and statistical information, e.g. gender, race, age, date of birth, health information, apparel size, marital status, military and veteran status, nationality, disability information, criminal history information, educational history, employment history, professional licenses and memberships, schedule and availability, access to transportation, and responses to tests and surveys. - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Personal identifiers and employment eligibility information, e.g. photographs, driver's license number, operator's license number, motor vehicle license number, passport number, Social Security Number, other state or federal-issued identification numbers, and information you provide on tax and other other government forms. - Provide the Services
- Application information and employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Employers
Financial and transactional information, e.g. bank account number and paycard information. - Employment onboarding
- Fraud prevention and legal purposes
- You
- Employers
Customer service information, e.g. questions and other messages you address to us directly through online forms, by mail, over the phone, or by post; and summaries or voice recordings of your interactions with our customer support team. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Communications with other users, e.g. your in-Serivces messages and information surrounding those messages such as the date/time of the communication. - Provide the Services
- Employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- The Employers you are communicating with
Research, survey, or sweepstakes information, e.g. if you participate in an internal Snagajob survey or sweepstakes on our Services or areas we can improve, we collect information needed for you to participate (such as contact information) and to fulfill your prize. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Survey partners
- Researchers and analysts
Information about others, e.g. if you submit information about your references or former employers; or if you use a "tell-a-friend" tool (or similar feature) that allows you to send information to another person, we will collect, at a minimum, the recipient's contact information. In providing this information, you represent that you are authorized to provide it. - Provide the Services
- Employment onboarding
- Fraud prevention and legal purposes
- You
- Other users (if you are the recipient of a communication
Device information and identifiers, e.g. IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network, information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Data We Collect from and About Employers
We also collect information from Employers to provide the Services. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, phone number, email address, postal address, account username, password, security questions and answers. - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Business or company information, e.g. business name, industry, FEIN, business phone number, location(s), links to external business websites, pictures, business logo. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Financial and transactional information, e.g. credit card information, billing address. - Provide the Services
- Fraud detection and prevention
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Employment opportunity information, e.g. title, wage range, location(s), availability information, desired qualifications and skills, job description and expectations, job postings. - Provide the Services
- Personalize your experience
- Communicate with you
- Application information and Employment onboarding
- You
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network and information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address or derived through Wi-Fi triangulation. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Additional Information
The following information provides additional information about the purposes for collecting and using your information.
2. Purposes of Use
Provide the Services, for example:
- Creating a profile and saving selected job postings
- Displaying job opportunities and potential candidates
- Processing and fulfilling your requests and transactions, including registrations, subscriptions, purchases, and payments
- Assisting you in submitting, requesting, processing, or reviewing an application
- Engaging in analysis, research, measuring and reports to better understand how you use the Services, so we can improve them, develop them, and fix errors
- Administering internal Net Promotor Score surveys
- Sending communications that you have requested on your behalf
- Understanding and resolving app crashes and other issues being reported
Application information and employment onboarding, for example:
- Applying for a job or shift
- Conducting background check and employment eligibility screenings
- Complying with applicable laws, including federal and state employment law
- Arranging for financial deposits and transactions and relevant trainings
- Facilitating logistics for employment, such as uniform sizing
Communicate with you, for example:
- Responding to your requests for information and provide you with more effective and efficient customer service and technical support, including to investigate, respond to and resolve incidents and complaints
- Keeping you updated regarding job opportunities, interview requests, application reminders, and/or jobs you may be interested in
- Informing Employers about new applicants to posted jobs, account-specific information, and/or promotions regarding our Services
- Providing you with transactional updates and information about the Services (e.g., inform you about updates to our Services, information about your account, or information about ecommerce transactions that you conduct on the Services)
- In accordance with applicable legal requirements, contacting you by email, postal mail, phone, or SMS regarding our Services. If participating in the Snagajob Info Alerts SMS/MMS/Text Program or any other feature that involves SMS messages, you should review the Snagajob SMS/MMS Terms.
Personalize your experience, for example:
- Finding and recommending appropriate and eligible job opportunities and candidates
- Sending you personalized newsletters, surveys, and information about Snagajob products and services
Secure our Services and users, for example:
- Monitoring, preventing, and detecting fraud, such as through verifying your identity
- Combatting spam or other malware or security risks
- Monitoring, enforcing, and improving the security of our Services
Fraud detection and prevention, defending our legal rights and compliance with the law, for example:
- Complying with any applicable procedures, laws, and regulations where it is necessary for our legitimate interests or the legitimate interests of others
- Establishing, exercising, or defending our legal rights where it is necessary for our legitimate interests or the legitimate interests of others (e.g., to enforce compliance with our Terms of Use, Privacy Policies, or to protect our Services, users, or others)
Combined Information.For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.
Consent. We may use all the categories of information set forth above for any purpose with your consent.
3. Cookies and Online Analytics.
We use a variety of online tracking and analytics tools (e.g., cookies, flash cookies, and pixel tags) to collect and analyze information as you use the Services. Among other things, these technologies allow us to offer you a more tailored experience in the future, by understanding and remembering your particular browsing and usage preferences.
We may also use third-party web analytics services (such as those of Google Analytics, Coremetrics, Mixpanel, and Segment) on our Services to collect and analyze information collected through these technologies to assist us in auditing, research, or reporting; fraud prevention; and providing certain features to you. The types of tracking and analytics tools we and our service providers use for these purposes are:
- “Cookies” are small data files stored on your computer or device to collect information about your use of the Services. Cookies may enable us to recognize you as the same user who used our Services in the past, and relate your use of the Services to other information we have about you. Cookies may also be used to enhance your experience on the Services (for example, by storing your username) and/or to collect general usage and aggregated statistical information. Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, limit your use of our Services or features. Learn more about the use of cookies, including how to manage or delete them. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.
- “Local shared objects,” or “flash cookies,” may be stored on your computer or device using a media player or other software. Local shared objects operate much like cookies, but cannot be managed in the same way. Depending on how local shared objects are enabled on your computer or device, you may be able to manage them using software settings. For information on managing flash cookies, for example, click here.
- A “pixel tag” (also known as a “clear GIF” or “web beacon”) is a tiny image – typically just one-pixel – that can be placed on a web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our web pages.
Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for online advertising and analytics purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. Learn more about Do Not Track.
4. How We Share Data
- Seeker Data
We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Employers, Services, and Vendors. We will share your information with Employers and services at your request. For example, if you apply for a job, we may share the information with the relevant Employer. Moreover, we may share your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider. - Contact and account registration information
- Demographic and statistical information
- Personal identifiers and employment eligibility information
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. subpoena or court order); (b) enforce our Terms of Service, the Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
- Employer Data
We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Employers, Services, and Vendors. We will share your information with Employers and services at your request. For example, if you apply for a job, we may share the information with the relevant Employer. Moreover, we may share your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider. - Contact and account registration information
- Demographic and statistical information
- Personal identifiers and employment eligibility information
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. subpoena or court order); (b) enforce our Terms of Service, the Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
5. Aggregate/De-Identified Information
We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors, in our discretion.
6. Your Choices and Rights
You have certain rights with respect to your information as further described in this Section, in addition to any rights discussed elsewhere in this Privacy Policy. Please note your rights and choices vary depending upon your location.
Marketing Communications.
You may instruct us not to use your information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us using the information below. You may do so by logging into your Account and navigating towards Settings and, in commercial email messages, you can opt out by following the instructions located at the bottom of such emails. Removing your name from the email list may take a reasonable amount of time. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.
Account information.
We encourage you to periodically review and update your settings and profile information to reflect your job and communication preferences. You can access these settings at any time by logging in. If you would like us to close your account, you can reach out to us and we will do so.
Privacy Rights for California Residents.
If you are a California resident, California law requires us to provide you with some additional information regarding your rights with respect to your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).
If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:
- Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
- Provide access to and/or a copy of certain personal information we hold about you.
- Delete certain personal information we have about you.
- Provide you with information about the financial incentives that we offer to you, if any.
The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.
Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Service to you. We also will take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name, email address, phone number, or other information. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request. Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you or to comply with a legal obligation. In some circumstances if you still ask us to delete your information, you may no longer be able to access or use our Services. If you would like further information regarding your legal rights under California law or would like to exercise any of them, please use the form on the Snagajob Knowledge Base or contact us at [email protected]
California residents may opt out of the “sale” of their personal information. We do not “sell” California residents’ personal information under the CCPA, based on our current understanding of the definition of sell. We do share certain information as set forth in Section 3 and allow third parties to collect certain information about your activity, for example through cookies, as explained in Section 2.
With regard to personal information collected by Employers through Employer Direct Engagements, Seekers should direct requests to exercise applicable rights to the Employer on whose behalf we handle the data. If we receive a request from a Seeker directly in relation to information collected through an Employer Direct Engagement, we will refer that request to the appropriate Employer(s) and await each Employer’s instructions on how to handle it.
California “Shine the Light” Disclosure.
The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
Privacy Rights for Nevada Residents.
Under Nevada law, certain Nevada residents may opt out of the “sale” of “covered information” (as such term is defined under Nevada law) for monetary consideration to a person for that person to license or sell such information to additional persons. “Covered information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of the sale of your covered information under Nevada law by emailing us at [email protected]. Please note we will take reasonable steps to verify your identity and the authenticity of the request.
7. How We Protect Your Data and Our Services
We take measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, and access. However, no method of transmission over the internet, and no means of electronic or physical storage, is absolutely secure. By using our Services, you acknowledge and accept that we cannot guarantee the security of your information and that use of our Services is at your own risk. You are responsible for keeping your account information—and especially your login information—confidential. We ask you not to share your login credentials with anyone.
When you sign up for an account, you may be required to establish a username and password. If you create an account with us, you are responsible for maintaining the confidentiality of your account password and for any activity that occurs under your account. We are not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
If you use messaging features that allow you to interact with Employers or Seekers directly through our Services, please note that these communications are not encrypted and, for security purposes, you should not include any passwords, social security numbers, payment card information, or other sensitive information in such communications.
We have implemented the Invisible reCAPTCHA on our Website. Your use of the Invisible reCAPTCHA is subject to the Google Privacy Policy and Terms of Use.
8. Retention of your Information
We store and maintain your information for the purposes for which it is processed by us. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
9. Your Obligations
As discussed further in our Terms of Use, Seekers and Employers have obligations that they must abide by in order to use the Services:
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
10. Third-Party Links and Features
The Services contain links to third-party services, and you may also integrate our Services with third-party services. For example, Seeker may click a job application link that takes them to a third-party website hosted by an Employer or a third-party. If you choose to use these third-party services or features, you may disclose your information not just to those third parties but also to their users and the public more generally, depending on how their services function. Snagajob is not responsible for the content or practices of such third-party services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties.
11. Children’s Privacy
The Services are not intended for children under 13 years of age and we do not knowingly collect, maintain, or use Personal Information from children under 13 years of age. We will take reasonable steps to delete personal information (as defined by the United States Children’s Online Privacy Protection Act) as soon as reasonably possible if we learn that we have inadvertently collected it from children under the age of 13 without parental consent.
If you learn that your child has provided us with Personal Information without your consent, you may alert us at [email protected]. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.
12. Changes to our Privacy Policy
We reserve the right to amend this Privacy Policy at any time. We will make the revised Privacy Policy accessible through the Services, so you should review the Policy periodically. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date” at the beginning of this Privacy Policy. If we make a material change to this Privacy Policy, we will provide you with notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy.
13. Contact Information
If you wish to contact us or have any questions about or complaints in relation to this Privacy Policy, please email us at [email protected] or use our online contact us form. Please note that your communications with us may not necessarily be secure. Therefore, please do not include credit card information and/or other sensitive information in your communications with us.
Effective May 6, 2020 to June 9, 2020
DownloadTable of Contents
Snagajob Privacy Policy
The Privacy Policy describes the data protection practices of Snagajob.com, Inc. and its affiliated companies (together referred to as “Snagajob” “we,” “us,” or “our”). This Privacy Policy applies to all websites and mobile applications owned and operated by us that link to this Privacy Policy, and related online and offline services (collectively, the “Services”).
Snagajob is a provider of cloud-based software services that help connect businesses (“Employers”) looking to hire for employment positions with our network of job and shift seekers (“Seekers”). When applicable we have made distinctions in these sections between Seekers and Employers to be transparent about the different situations in which we may collect, use, or share personal information.
When we handle information about Seekers who use our Services to fill out job applications or onboarding documents/forms for specific Employers or otherwise communicate directly with Employers (“Employer Direct Engagement”), we do so on behalf of the Employers as a service provider or processor. Employers determine how to engage with Seekers through our Services and thus act as the business that determines the purposes and means of handling Seeker data in relation to Employer Direct Engagements. In those circumstances, Seekers are ultimately subject to the privacy policies of the Employers with which they interact, and they should read those policies carefully. Snagajob is not responsible for the privacy practices of Employers. Snagajob acts as the business and not a service provider when Seekers build profiles and use related services.
PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. By using Snagajob Services, you are expressly and voluntarily accepting the terms and conditions of this Privacy Policy and our Terms of Use that allow us to process information about you.
1. Data We Collect
- Data We Collect From Seekers
We collect personal information in order to successfully provide Snagajob Services through the means discussed below. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, DOB, password, email address, username, phone number, wireless device, security questions and answers, city, state, ZIP code, and U.S. work eligibility ("Yes" or "No") - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Contact information, e.g. name, email address, postal address, and phone number - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Demographic and statistical information, e.g. gender, race, age, date of birth, health information, apparel size, marital status, military and veteran status, nationality, disability information, criminal history information, educational history, employment history, professional licenses and memberships, schedule and availability, access to transportation, and responses to tests and surveys. - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Personal identifiers and employment eligibility information, e.g. photographs, driver's license number, operator's license number, motor vehicle license number, passport number, Social Security Number, other state or federal-issued identification numbers, and information you provide on tax and other other government forms. - Provide the Services
- Application information and employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Employers
Financial and transactional information, e.g. bank account number and paycard information. - Employment onboarding
- Fraud prevention and legal purposes
- You
- Employers
Customer service information, e.g. questions and other messages you address to us directly through online forms, by mail, over the phone, or by post; and summaries or voice recordings of your interactions with our customer support team. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Communications with other users, e.g. your in-Serivces messages and information surrounding those messages such as the date/time of the communication. - Provide the Services
- Employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- The Employers you are communicating with
Research, survey, or sweepstakes information, e.g. if you participate in an internal Snagajob survey or sweepstakes on our Services or areas we can improve, we collect information needed for you to participate (such as contact information) and to fulfill your prize. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Survey partners
- Researchers and analysts
Information about others, e.g. if you submit information about your references or former employers; or if you use a "tell-a-friend" tool (or similar feature) that allows you to send information to another person, we will collect, at a minimum, the recipient's contact information. In providing this information, you represent that you are authorized to provide it. - Provide the Services
- Employment onboarding
- Fraud prevention and legal purposes
- You
- Other users (if you are the recipient of a communication
Device information and identifiers, e.g. IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network, information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Data We Collect from and About Employers
We also collect information from Employers to provide the Services. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, phone number, email address, postal address, account username, password, security questions and answers. - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Business or company information, e.g. business name, industry, FEIN, business phone number, location(s), links to external business websites, pictures, business logo. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Financial and transactional information, e.g. credit card information, billing address. - Provide the Services
- Fraud detection and prevention
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Employment opportunity information, e.g. title, wage range, location(s), availability information, desired qualifications and skills, job description and expectations, job postings. - Provide the Services
- Personalize your experience
- Communicate with you
- Application information and Employment onboarding
- You
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network and information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address or derived through Wi-Fi triangulation. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Additional Information
The following information provides additional information about the purposes for collecting and using your information.
2. Purposes of Use
Provide the Services, for example:
- Creating a profile and saving selected job postings
- Displaying job opportunities and potential candidates
- Processing and fulfilling your requests and transactions, including registrations, subscriptions, purchases, and payments
- Assisting you in submitting, requesting, processing, or reviewing an application
- Engaging in analysis, research, measuring and reports to better understand how you use the Services, so we can improve them, develop them, and fix errors
- Administering internal Net Promotor Score surveys
- Sending communications that you have requested on your behalf
- Understanding and resolving app crashes and other issues being reported
Application information and employment onboarding, for example:
- Applying for a job or shift
- Conducting background check and employment eligibility screenings
- Complying with applicable laws, including federal and state employment law
- Arranging for financial deposits and transactions and relevant trainings
- Facilitating logistics for employment, such as uniform sizing
Communicate with you, for example:
- Responding to your requests for information and provide you with more effective and efficient customer service and technical support, including to investigate, respond to and resolve incidents and complaints
- Keeping you updated regarding job opportunities, interview requests, application reminders, and/or jobs you may be interested in
- Informing Employers about new applicants to posted jobs, account-specific information, and/or promotions regarding our Services
- Providing you with transactional updates and information about the Services (e.g., inform you about updates to our Services, information about your account, or information about ecommerce transactions that you conduct on the Services)
- In accordance with applicable legal requirements, contacting you by email, postal mail, phone, or SMS regarding our Services. If participating in the Snagajob Info Alerts SMS/MMS/Text Program or any other feature that involves SMS messages, you should review the Snagajob SMS/MMS Terms.
Personalize your experience, for example:
- Finding and recommending appropriate and eligible job opportunities and candidates
- Sending you personalized newsletters, surveys, and information about Snagajob products and services
Secure our Services and users, for example:
- Monitoring, preventing, and detecting fraud, such as through verifying your identity
- Combatting spam or other malware or security risks
- Monitoring, enforcing, and improving the security of our Services
Fraud detection and prevention, defending our legal rights and compliance with the law, for example:
- Complying with any applicable procedures, laws, and regulations where it is necessary for our legitimate interests or the legitimate interests of others
- Establishing, exercising, or defending our legal rights where it is necessary for our legitimate interests or the legitimate interests of others (e.g., to enforce compliance with our Terms of Use, Privacy Policies, or to protect our Services, users, or others)
Combined Information.For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.
Consent. We may use all the categories of information set forth above for any purpose with your consent.
3. Cookies and Online Analytics.
We use a variety of online tracking and analytics tools (e.g., cookies, flash cookies, and pixel tags) to collect and analyze information as you use the Services. Among other things, these technologies allow us to offer you a more tailored experience in the future, by understanding and remembering your particular browsing and usage preferences.
We may also use third-party web analytics services (such as those of Google Analytics, Coremetrics, Mixpanel, and Segment) on our Services to collect and analyze information collected through these technologies to assist us in auditing, research, or reporting; fraud prevention; and providing certain features to you. The types of tracking and analytics tools we and our service providers use for these purposes are:
- “Cookies” are small data files stored on your computer or device to collect information about your use of the Services. Cookies may enable us to recognize you as the same user who used our Services in the past, and relate your use of the Services to other information we have about you. Cookies may also be used to enhance your experience on the Services (for example, by storing your username) and/or to collect general usage and aggregated statistical information. Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, limit your use of our Services or features. Learn more about the use of cookies, including how to manage or delete them. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.
- “Local shared objects,” or “flash cookies,” may be stored on your computer or device using a media player or other software. Local shared objects operate much like cookies, but cannot be managed in the same way. Depending on how local shared objects are enabled on your computer or device, you may be able to manage them using software settings. For information on managing flash cookies, for example, click here.
- A “pixel tag” (also known as a “clear GIF” or “web beacon”) is a tiny image – typically just one-pixel – that can be placed on a web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our web pages.
Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for online advertising and analytics purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. Learn more about Do Not Track.
4. How We Share Data
- Seeker Data
We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Employers, Services, and Vendors. We will share your information with Employers and services at your request. For example, if you apply for a job, we may share the information with the relevant Employer. Moreover, we may share your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider. - Contact and account registration information
- Demographic and statistical information
- Personal identifiers and employment eligibility information
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. subpoena or court order); (b) enforce our Terms of Service, the Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
- Employer Data
We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Employers, Services, and Vendors. We will share your information with Employers and services at your request. For example, if you apply for a job, we may share the information with the relevant Employer. Moreover, we may share your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider. - Contact and account registration information
- Demographic and statistical information
- Personal identifiers and employment eligibility information
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. subpoena or court order); (b) enforce our Terms of Service, the Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
5. Aggregate/De-Identified Information
We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors, in our discretion.
6. Your Choices and Rights
You have certain rights with respect to your information as further described in this Section, in addition to any rights discussed elsewhere in this Privacy Policy. Please note your rights and choices vary depending upon your location.
Marketing Communications.
You may instruct us not to use your information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us using the information below. You may do so by logging into your Account and navigating towards Settings and, in commercial email messages, you can opt out by following the instructions located at the bottom of such emails. Removing your name from the email list may take a reasonable amount of time. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.
Account information.
We encourage you to periodically review and update your settings and profile information to reflect your job and communication preferences. You can access these settings at any time by logging in. If you would like us to close your account, you can reach out to us and we will do so.
Privacy Rights for California Residents.
If you are a California resident, California law requires us to provide you with some additional information regarding your rights with respect to your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).
If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:
- Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
- Provide access to and/or a copy of certain personal information we hold about you.
- Delete certain personal information we have about you.
- Provide you with information about the financial incentives that we offer to you, if any.
The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.
Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Service to you. We also will take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name, email address, phone number, or other information. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request. Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you or to comply with a legal obligation. In some circumstances if you still ask us to delete your information, you may no longer be able to access or use our Services. If you would like further information regarding your legal rights under California law or would like to exercise any of them, please use the form on the Snagajob Knowledge Base or contact us at [email protected]
California residents may opt out of the “sale” of their personal information. We do not “sell” California residents’ personal information under the CCPA, based on our current understanding of the definition of sell. We do share certain information as set forth in Section 3 and allow third parties to collect certain information about your activity, for example through cookies, as explained in Section 2.
With regard to personal information collected by Employers through Employer Direct Engagements, Seekers should direct requests to exercise applicable rights to the Employer on whose behalf we handle the data. If we receive a request from a Seeker directly in relation to information collected through an Employer Direct Engagement, we will refer that request to the appropriate Employer(s) and await each Employer’s instructions on how to handle it.
California “Shine the Light” Disclosure.
The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
Privacy Rights for Nevada Residents.
Under Nevada law, certain Nevada residents may opt out of the “sale” of “covered information” (as such term is defined under Nevada law) for monetary consideration to a person for that person to license or sell such information to additional persons. “Covered information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of the sale of your covered information under Nevada law by emailing us at [email protected]. Please note we will take reasonable steps to verify your identity and the authenticity of the request.
7. How We Protect Your Data and Our Services
We take measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, and access. However, no method of transmission over the internet, and no means of electronic or physical storage, is absolutely secure. By using our Services, you acknowledge and accept that we cannot guarantee the security of your information and that use of our Services is at your own risk. You are responsible for keeping your account information—and especially your login information—confidential. We ask you not to share your login credentials with anyone.
When you sign up for an account, you may be required to establish a username and password. If you create an account with us, you are responsible for maintaining the confidentiality of your account password and for any activity that occurs under your account. We are not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
If you use messaging features that allow you to interact with Employers or Seekers directly through our Services, please note that these communications are not encrypted and, for security purposes, you should not include any passwords, social security numbers, payment card information, or other sensitive information in such communications.
We have implemented the Invisible reCAPTCHA on our Website. Your use of the Invisible reCAPTCHA is subject to the Google Privacy Policy and Terms of Use.
8. Retention of your Information
We store and maintain your information for the purposes for which it is processed by us. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
9. Your Obligations
As discussed further in our Terms of Use, Seekers and Employers have obligations that they must abide by in order to use the Services:
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
10. Third-Party Links and Features
The Services contain links to third-party services, and you may also integrate our Services with third-party services. For example, Seeker may click a job application link that takes them to a third-party website hosted by an Employer or a third-party. If you choose to use these third-party services or features, you may disclose your information not just to those third parties but also to their users and the public more generally, depending on how their services function. Snagajob is not responsible for the content or practices of such third-party services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties.
11. Children’s Privacy
The Services are not intended for children under 13 years of age and we do not knowingly collect, maintain, or use Personal Information from children under 13 years of age. We will take reasonable steps to delete personal information (as defined by the United States Children’s Online Privacy Protection Act) as soon as reasonably possible if we learn that we have inadvertently collected it from children under the age of 13 without parental consent.
If you learn that your child has provided us with Personal Information without your consent, you may alert us at [email protected]. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.
12. Changes to our Privacy Policy
We reserve the right to amend this Privacy Policy at any time. We will make the revised Privacy Policy accessible through the Services, so you should review the Policy periodically. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date” at the beginning of this Privacy Policy. If we make a material change to this Privacy Policy, we will provide you with notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy.
13. Contact Information
If you wish to contact us or have any questions about or complaints in relation to this Privacy Policy, please email us at [email protected] or use our online contact us form. Please note that your communications with us may not necessarily be secure. Therefore, please do not include credit card information and/or other sensitive information in your communications with us.
Snagajob Privacy Policy
Note: This Privacy Policy is effective until 12/31/2019. Starting January 1, the new Privacy Policy above will be effective.
This is the privacy policy for Snagajob.com Inc. and Snag Work, LLC (collectively "Snagajob"). This page summarizes the key highlights from our Privacy Policy. For more information, read our full Privacy Policy.
Information we collect from you
We collect information:
- When you register an account to become a Snagajob member (examples: name, e-mail, employer, country, and a password).
- When you provide information to us about yourself.
- We use cookies and other technologies to recognize you, customize your experience, and serve advertisements.
- We automatically receive from your internet use information like your IP address, the URLs of sites from which you arrive or leave the Snagajob websites, your type of browser, your operating system, your mobile provider, your mobile device, and your ISP.
- We retain information you provide in connection with third party services available through Snagajob like surveys and polls or other third party research undertaken with your consent.
How we use information we collect from you
We use the information you provide to:
- Enable you to share your information and communicate with other members, or provide your personal details to third parties offering combined services with Snagajob;
- Allow you to apply to jobs and shifts.
- Administer your account with us and customize the service we provide to you and other members; and to
- Send you service or promotional communications through email and notices on the Snagajob websites.
How you can access, correct or delete your Personal Information
- Review, enhance or edit your personal information through your personal profile page;
- Change your settings to control visibility and accessibility through our website; and
- Tell us to close your Snagajob account.
Your obligations to us and to other Members
Do not abuse the websites by using them to spam, abuse, harass, or otherwise violate the Terms of Use or Privacy Policy.
How we protect the information you give to us
- Personal information you provide will be secured with industry standards and technology. Since the internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
- Although we have made reasonable efforts to safeguard the confidentiality of your Personal Information, we cannot promise, and you should not expect, that your Personal Information will always stay private.
- You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications at all times.
How to contact us
If you have any questions or comments please email us at [email protected] or contact us at:
www.snagajob.com
1-866-227-0466
4851 Lake Brook Drive
Glen Allen, VA 23060
Important information
Notice of all changes that materially affect ways in which your personal information may be used or shared will be posted in updates to our Privacy Policy.
If we change our Privacy Policy, we will post the changes to our Website, and may alert you to such change via e-mail or a message in My Account.
Complete Snagajob.com Privacy Policy
This is the complete Privacy Policy for Snagajob.com Inc. and Snag Work, LLC (collectively "Snagajob").
Purpose of our Privacy Policy
Snagajob.com, Inc. ("Snagajob.com") and Snag Work, LLC ("Snag Work") (together referred to as "Snagajob") appreciate the sensitivity and privacy with which your job search should be handled. In addition to installing numerous privacy features on the Snagajob websites, Snagajob has created this Privacy Policy to emphasize our commitment to your privacy. The Privacy Policy describes how we collect, protect and use information received and collected from you by means of our Websites. It does not apply to information that we gather or collect using any other method. We urge you to read our Privacy Policy so that you will understand both our commitment to you and your privacy, and how you can participate in that commitment. Capitalized and other terms not defined in this Privacy Policy will have the meaning ascribed to them in our Terms of Use.
Providing information to us is voluntary and may be withdrawn by you at any time.
The information you provide to us through our Websites may reveal, or allow others to identify, your nationality, ethnic origin, religion, gender, age, geography, or other aspects of your private life. By providing information to us for the purposes of creating your Member account or adding any additional details to your profile, you are expressly and voluntarily accepting the terms and conditions of this Privacy Policy and our Terms of Use that allow us to process information about you. You have the right to withdraw your consent to our collection and processing of your information at any time, in accordance with the terms of this Privacy Policy and our Terms of Use, by changing your Settings, or by closing your Snagajob accounts. Please note, however, that your withdrawal of consent will not be retroactive.
Information we collect from you
Personally Identifiable Information
Our Websites enables you to search for jobs and shifts in your area, register to receive communication about future work opportunities, participate in interactive areas such as My Account or to permit employers to contact you directly regarding job offerings. You may search without registering, but in order to apply for a job or a shift, receive communication, participate in the interactive areas to be found at My Account or be contacted by an employer interested in you for employment, you will have to register with Snagajob. We sometimes collect the following personally identifiable information:
- Email address
- Password
- Name
- Address
- City
- State
- ZIP code
- Phone number
- Date of birth
- Gender
- Military service
- Citizenship
- Education
- Job preferences
- Work experience
- Social Security Number
- References
We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and activity occurring on or through the Services. The information that may be collected automatically includes your computer or mobile device operating system type and version number, manufacturer and model, device identifier (such as the Google Advertising ID or Apple ID for Advertising), browser type, screen resolution, IP address, the website you visited before browsing to our website, general location information such as city, state or geographic area; and information about your use of and actions on the Services, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access. Our service providers and business partners may collect this type of information over time and across third-party websites and mobile applications.
Your personally identifiable information allows us to share your job preferences and work experiences with prospective employers, communicate with you about potential work opportunities, our business and our Websites, improve the information on and operation of our Websites, customize the Websites to your individual preferences and ensure your compliance with our Terms of Use and any other restrictions noted on the Websites.
In addition to providing us with your personally identifiable information and your IP address, if you chose to participate in the interactive portions of our Websites found at My Account, you will have to complete a user profile in which you may describe your skills, professional experiences, educational background, recommendations from other Websites users, group memberships, and networking objectives (this information, together with your personally identifiable information, shall be referred to collectively herein as your "Personal Information"). Providing additional information about yourself beyond what is minimally required at registration is entirely up to you, but providing such additional information enables you to derive more benefit from the Websites and your professional network by helping you build and leverage your professional network and facilitating your search for professional resources, information, and new opportunities. Any Personal Information you provide at registration or in the profile section may be used by us as we describe in the Terms of Use and this Privacy Policy. If you decide not to share such Personal Information, you may not receive the full benefit of being a Website Member.
You may also choose to manually enter or upload data about your contacts to the "Contacts" section of your account with us. Information entered into Contacts is only viewable by you and us. By providing email addresses or other information of non-Members, you represent that you have authority to do so. All information that you enter or upload about your contacts will be covered by the Terms of Use and this Privacy Policy and will enable us to provide customized services such as suggesting people to connect on our Websites.
We may collect information through our Websites in order to, among other things, accurately categorize and respond to Member inquiries and investigate breaches of our terms.
We may collect information about the fact that you use certain features and functionality or our Website, click on ads, or participate in research initiatives like polling and surveys on our Website.
We have implemented the Invisible reCAPTCHA on our Website. Your use of the Invisible reCAPTCHA is subject to the Google Privacy Policy and Terms of Use.
Polls and surveys on our Website
Polls and surveys may be conducted by us or our sponsors. As a Member, you may be invited to participate in polls and surveys from our Websites. Your selection may be random, or it may be based on your non-personally identifiable information, such as job title, geographic location, company size and/or industry. Whether or not you decide to participate in a poll or survey is completely up to you.
After you complete a poll, you will be given access to the aggregate responses of the poll on a results page. Some third parties may target advertisements to you on the results page based on your answers in the poll. Further, we or our Sponsors may follow up with you via e-mail in your My Account account regarding your participation unless you have opted out of receiving such e-mail messages.
We may use third parties to deliver incentives to you to participate in surveys or polls. If the delivery of incentives requires your contact information, you may be asked to provide Personal Information to the third party fulfilling the incentive offer, which will only be used for the purpose of delivering incentives and/or verifying your contact information. It is up to you whether you provide this information, or whether you desire to take advantage of an incentive.
We will not disclose any Personal Information to any third parties in connection with the conduct of any polls or surveys. Your consent to use any Personal Information for the purposes set forth in the poll or survey will be explicitly requested by the party conducting it. You may opt-out of participating in surveys by changing your settings to stop receiving these inquiries and requests.
“Cookies”
We use cookies and web log files to track your Websites usage and trends, to improve the quality of our service, to customize your experience on our Websites, as well as to deliver third-party advertising to Members both on and off our Websites.
While your browser may accept cookies automatically, you can change the settings on your browser to prevent our cookies from being downloaded automatically, or to notify you that they are ready to be downloaded. The latter will give you the option of whether or not you want to accept our cookies. If you decide to decline our cookies, however, some of our Website's features or services may not function as well as they would have had you accepted our cookies.
Our Websites may also contain very small, transparent, electronic images called "Web Beacons" that allow us to count Members who have visited the Website pages on which they are located. Web Beacons are not used to access your Personal Information, but rather are a method for us to assemble aggregated statistics about the usage of our Website. While you cannot decline Web Beacons, you can decline all cookies and therefore render the Web Beacons ineffective. We use Web Beacons with respect to our mobile applications as well.
Summary of information collected by us
In sum, we collect the following information from you:
- Registration information;
- Profile information;
- Information regarding your contacts with other Snagajob Members;
- Information regarding your usage of our Website;
- Information we glean from our cookies;
- Information we glean from our Web Beacons; and
- Your IP address, operating system or mobile platform, ISP or mobile provider, whichever is applicable.
How we communicate with you
As described in our Terms of Use, we will communicate with you through e-mail and notices posted on our Websites, messages to your My Account inbox, mobile text messages, or through other means available to us. We may send you a series of e-mails that help inform new Members about the features of our Websites, and we will also send you service messages relating to the functioning of our Websites. We may also send you messages with promotional information directly or on behalf of our sponsors, unless you have opted out of receiving promotional information.
Many communications you initiate through our Websites (e.g., an invitation sent to a non-Member) will list your primary e-mail address and name in the header of the message. Other communications that you initiate through our Websites, like a request for an introduction, will list your name as the initiator but will not include your personal email address contact information. Your contact information will only be shared with another Member if both of you have indicated that you would like to establish contact with each other.
You can change your e-mail and contact preferences at any time by logging into your account and changing the Settings related to your communication preferences. Unfortunately, you cannot opt-out of receiving service messages from us. If we send communications to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with your receipt of messages on your mobile device (including text messaging charges).
You may unsubscribe from Snagajob emails at any time by either clicking on the "Unsubscribe" link in the footer of the email or logging into your account, clicking Settings. Removing your name from the email list may take up to ten (10) days.
How we use information we collect from you
We take your privacy very seriously, and we do not sell, rent, or otherwise provide your Personal Information to third parties for marketing purposes. The only instances in which we disclose your Personal Information to third parties is as follows:
We disclose your Personal Information to companies and individuals who perform duties on our behalf, such as website hosting, marketing and customer service companies. While these companies may have access to your Personal Information in order to perform their jobs, they are prohibited from sharing your information with any other individual or company.
We will consider releasing, and may release, Personal Information to third parties to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order. We also may release Personal Information in order to prevent a crime, for national security, to protect our rights and property and to protect the personal safety of our Members or the public.
We disclose your Personal Information to prospective employers when you apply for a job and to third parties if you consent for us to do so. In addition, if you indicate that you want to receive offers and promotions from our sponsors, we will send your Personal Information to them according to your interests and preferences. If you decide to share your contact information in this manner, you will be provided with instructions regarding how to opt out of sharing your contact information if you decide you no longer wish to do so. If your Personal Information is disclosed to a prospective employer or a third party or sponsor, the use of your information will be subject to the privacy policy of that company and we are not responsible for that company’s use of your information.
We may disclose and transfer your Personal Information to a third party that acquires all or a substantial portion of our business, whether by way of merger, consolidation or purchase of all or a substantial portion of our assets. In addition, in the unlikely event that we become the subject of a voluntary or involuntary bankruptcy proceeding, we or our trustee in bankruptcy may sell, license or otherwise dispose of your Personal Information in a transaction approved by a bankruptcy court. If all or a substantial portion of our business is sold, you will be notified by e-mail or a notice posted on the Websites.
We may use information that does not allow you to be identified ("Anonymized Information") to better design our Websites and to share with our advertisers. For example, we may tell an advertiser or potential advertiser that a certain number of individuals visited a certain area on our Websites. We also might share Aggregate Information regarding the overall demographics of the users of our Websites, such as their age, sex or occupation. Depending on the circumstances, we may or may not charge advertisers for this information.
Notwithstanding anything else herein, we may partner with third party advertisers who may (themselves or through their partners) place or recognize a unique cookie on your browser. These cookies enable more customized ads, content or services to be provided to you. To trigger these cookies, we may pass an encrypted or “hashed” (non-human readable) identifier corresponding to your email address to a Web advertising partner, who may place a cookie on your computer. To opt-out of these cookies, please go to http://www.aboutads.info/choices.
Notwithstanding anything else in this policy, we or a data partner we have engaged may collect and store a unique identifier matched to your mobile device, in order to deliver customized ads or content while you use applications or surf the mobile web. In order to customize these ads or content, we or a data partner may connect demographic or other data about you (received from third parties) either to data you voluntarily have submitted to us, e.g., your email address, or to data passively collected from you, such as your device identifier or IP address. However, personal information may only be passed to a data partner in de-identified or in hashed, non-human readable form.
Some of our third-party partners may allow you to opt out of their targeted advertising. For more information, visit the Network Advertising Initiative Opt-Out Page.
Our Websites contains links to other websites that may be of interest to you. We do not have control over these websites, however, and therefore are not responsible for their privacy policies or practices. Please make sure to review the privacy policies of these websites so that you will be familiar with them.
We offer search services to help find information and learn more about other Members, as well as employment opportunities. We use information from Member profiles to populate and refine our search engine results.
How we protect the information you give to us
We have implemented a variety of security measures to maintain the safety of your Personal Information. We keep your Personal Information on a central database on a secured network in the United States that can be accessed only by a limited number of persons who are required to keep such information confidential. We audit our network regularly for possible vulnerabilities and attacks.
By using the Website, you grant us and all other persons or entities involved in the operation of our Website the right to receive, transmit, monitor, retrieve, store and use your Personal Information, including information that may be privileged and confidential under applicable state and federal laws, in connection with the operation of our Website and our maintenance of your Personal Information.
Although we have made reasonable efforts to safeguard the confidentiality of your Personal Information, we cannot promise, and you should not expect, that your Personal Information will always stay private. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. We also cannot guarantee that unauthorized third parties will never be able to circumvent our security measures and obtain access to your Personal Information and use it for improper purposes. As a user of the Website, you agree that you assume all risks regarding your use of the Website, transmissions made over the Internet generally, and your sharing of your Personal Information.
You are responsible, however, for taking all reasonable steps to ensure that no unauthorized person has access to your password. It is your sole responsibility (1) to control the dissemination and use of your password; (2) to authorize, monitor and control access to your password; and (3) to promptly notify us of any need to deactivate your login, or to change your password.
Also, please note that e-mails, instant messaging, and similar means of communication with other Members of our Website are not encrypted, and we strongly advise you not to communicate any confidential information through these means.
How you can access, correct or delete your Personal Information
We are committed to providing you reasonable and practical access to your Personal Information to determine if it is accurate. You may review the Personal Information that we have collected from you by logging in, and clicking "Edit Profile." If you would like a hard copy of the Personal Information that we have collected from you, you may contact us at [email protected] or [email protected]. To protect your privacy and security, we will also take reasonable steps to verify your identity before sending your Personal Information or making corrections to it. Please be aware that even after your request for a change is processed, we may, for a time, retain residual information about you in our backup and/or archival copies of our database.
While we have developed default settings for Member accounts that most Members desire, we encourage you to review your account Settings and adjust them according to your preferences.
You may opt out of or discontinue receiving communications from us by logging in, clicking Settings, and deselecting the corresponding checkboxes before clicking the "Submit" button. If you no longer wish to use our Websites, we will, upon request, remove your account and Profile Information from our records. In order to do so, please contact us at [email protected] or [email protected] with your username, password and email address. The removal process may take up to ten (10) days.
If you decide to close your account with us, we will remove your name and other Personal Information from our publicly viewable database. If you close your account, we have no obligation to retain your information, and may delete any or all of your account information without liability. However, we may retain certain data contributed by you if we believe it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, account recovery, or if required by law. We may also retain and use your information if necessary to provide our Website services to other Members. We disclaim any liability in relation to the deletion or retention (subject to the terms herein) of information or any obligation not to delete the information. We do not control when search engines update their caches, which may contain certain public profile information that has since been removed from our publicly viewable database.
If we learn that a Member is deceased, we may close such Member's account. In those cases we may restrict profile access, remove messaging functionality, and close an account if we receive a formal request from the Member's next of kin or other proper legal request to do so.
Your obligations to us and to other Members
As a Member, you have certain obligations to other Members. Those obligations include the following:
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others.
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
Do Not Track Signals
Some Internet browsers may be configured to send 'Do Not Track' signals to the online services that you visit. We currently do not respond to "Do Not Track" or similar signals. To find out more about 'Do Not Track,' please visit http://www.allaboutdnt.com.
SMS/Text Program Terms and Conditions
How to contact us
Should you have other questions or concerns about this Privacy Policy, or any comments, concerns or general feedback, please do not hesitate to contact us by sending us an email from this page or https://www.snagajob.com/shifts/contact-us/, or at the following:
www.snagajob.com
1-866-227-0466
4851 Lake Brook Drive
Glen Allen, VA 23060
How we announce changes to our Privacy Policy
We may update this Privacy Policy at any time, with or without advance notice. If we change our Privacy Policy, we will post the changes to our Websites, and may alert you to such change via e-mail, as described above. Your use of the Websites constitutes acceptance of this Privacy Policy, and your continued usage of our Websites after such changes are posted constitutes acceptance of such revised Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account that we have collected from you by means of our Websites.
Effective May 6, 2020 to May 6, 2020
DownloadTable of Contents
Snagajob Privacy Policy
The Privacy Policy describes the data protection practices of Snagajob.com, Inc. and its affiliated companies (together referred to as “Snagajob” “we,” “us,” or “our”). This Privacy Policy applies to all websites and mobile applications owned and operated by us that link to this Privacy Policy, and related online and offline services (collectively, the “Services”).
Snagajob is a provider of cloud-based software services that help connect businesses (“Employers”) looking to hire for employment positions with our network of job and shift seekers (“Seekers”). When applicable we have made distinctions in these sections between Seekers and Employers to be transparent about the different situations in which we may collect, use, or share personal information.
When we handle information about Seekers who use our Services to fill out job applications or onboarding documents/forms for specific Employers or otherwise communicate directly with Employers (“Employer Direct Engagement”), we do so on behalf of the Employers as a service provider or processor. Employers determine how to engage with Seekers through our Services and thus act as the business that determines the purposes and means of handling Seeker data in relation to Employer Direct Engagements. In those circumstances, Seekers are ultimately subject to the privacy policies of the Employers with which they interact, and they should read those policies carefully. Snagajob is not responsible for the privacy practices of Employers. Snagajob acts as the business and not a service provider when Seekers build profiles and use related services.
PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. By using Snagajob Services, you are expressly and voluntarily accepting the terms and conditions of this Privacy Policy and our Terms of Use that allow us to process information about you.
1. Data We Collect
- Data We Collect From Seekers
We collect personal information in order to successfully provide Snagajob Services through the means discussed below. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, DOB, password, email address, username, phone number, wireless device, security questions and answers, city, state, ZIP code, and U.S. work eligibility ("Yes" or "No") - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Contact information, e.g. name, email address, postal address, and phone number - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Demographic and statistical information, e.g. gender, race, age, date of birth, health information, apparel size, marital status, military and veteran status, nationality, disability information, criminal history information, educational history, employment history, professional licenses and memberships, schedule and availability, access to transportation, and responses to tests and surveys. - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Personal identifiers and employment eligibility information, e.g. photographs, driver's license number, operator's license number, motor vehicle license number, passport number, Social Security Number, other state or federal-issued identification numbers, and information you provide on tax and other other government forms. - Provide the Services
- Application information and employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Employers
Financial and transactional information, e.g. bank account number and paycard information. - Employment onboarding
- Fraud prevention and legal purposes
- You
- Employers
Customer service information, e.g. questions and other messages you address to us directly through online forms, by mail, over the phone, or by post; and summaries or voice recordings of your interactions with our customer support team. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Communications with other users, e.g. your in-Serivces messages and information surrounding those messages such as the date/time of the communication. - Provide the Services
- Employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- The Employers you are communicating with
Research, survey, or sweepstakes information, e.g. if you participate in an internal Snagajob survey or sweepstakes on our Services or areas we can improve, we collect information needed for you to participate (such as contact information) and to fulfill your prize. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Survey partners
- Researchers and analysts
Information about others, e.g. if you submit information about your references or former employers; or if you use a "tell-a-friend" tool (or similar feature) that allows you to send information to another person, we will collect, at a minimum, the recipient's contact information. In providing this information, you represent that you are authorized to provide it. - Provide the Services
- Employment onboarding
- Fraud prevention and legal purposes
- You
- Other users (if you are the recipient of a communication
Device information and identifiers, e.g. IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network, information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Data We Collect from and About Employers
We also collect information from Employers to provide the Services. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, phone number, email address, postal address, account username, password, security questions and answers. - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Business or company information, e.g. business name, industry, FEIN, business phone number, location(s), links to external business websites, pictures, business logo. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Financial and transactional information, e.g. credit card information, billing address. - Provide the Services
- Fraud detection and prevention
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Employment opportunity information, e.g. title, wage range, location(s), availability information, desired qualifications and skills, job description and expectations, job postings. - Provide the Services
- Personalize your experience
- Communicate with you
- Application information and Employment onboarding
- You
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network and information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address or derived through Wi-Fi triangulation. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Additional Information
The following information provides additional information about the purposes for collecting and using your information.
2. Purposes of Use
Provide the Services, for example:
- Creating a profile and saving selected job postings
- Displaying job opportunities and potential candidates
- Processing and fulfilling your requests and transactions, including registrations, subscriptions, purchases, and payments
- Assisting you in submitting, requesting, processing, or reviewing an application
- Engaging in analysis, research, measuring and reports to better understand how you use the Services, so we can improve them, develop them, and fix errors
- Administering internal Net Promotor Score surveys
- Sending communications that you have requested on your behalf
- Understanding and resolving app crashes and other issues being reported
Application information and employment onboarding, for example:
- Applying for a job or shift
- Conducting background check and employment eligibility screenings
- Complying with applicable laws, including federal and state employment law
- Arranging for financial deposits and transactions and relevant trainings
- Facilitating logistics for employment, such as uniform sizing
Communicate with you, for example:
- Responding to your requests for information and provide you with more effective and efficient customer service and technical support, including to investigate, respond to and resolve incidents and complaints
- Keeping you updated regarding job opportunities, interview requests, application reminders, and/or jobs you may be interested in
- Informing Employers about new applicants to posted jobs, account-specific information, and/or promotions regarding our Services
- Providing you with transactional updates and information about the Services (e.g., inform you about updates to our Services, information about your account, or information about ecommerce transactions that you conduct on the Services)
- In accordance with applicable legal requirements, contacting you by email, postal mail, phone, or SMS regarding our Services. If participating in the Snagajob Info Alerts SMS/MMS/Text Program or any other feature that involves SMS messages, you should review the Snagajob SMS/MMS Terms.
Personalize your experience, for example:
- Finding and recommending appropriate and eligible job opportunities and candidates
- Sending you personalized newsletters, surveys, and information about Snagajob products and services
Secure our Services and users, for example:
- Monitoring, preventing, and detecting fraud, such as through verifying your identity
- Combatting spam or other malware or security risks
- Monitoring, enforcing, and improving the security of our Services
Fraud detection and prevention, defending our legal rights and compliance with the law, for example:
- Complying with any applicable procedures, laws, and regulations where it is necessary for our legitimate interests or the legitimate interests of others
- Establishing, exercising, or defending our legal rights where it is necessary for our legitimate interests or the legitimate interests of others (e.g., to enforce compliance with our Terms of Use, Privacy Policies, or to protect our Services, users, or others)
Combined Information.For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.
Consent. We may use all the categories of information set forth above for any purpose with your consent.
3. Cookies and Online Analytics.
We use a variety of online tracking and analytics tools (e.g., cookies, flash cookies, and pixel tags) to collect and analyze information as you use the Services. Among other things, these technologies allow us to offer you a more tailored experience in the future, by understanding and remembering your particular browsing and usage preferences.
We may also use third-party web analytics services (such as those of Google Analytics, Coremetrics, Mixpanel, and Segment) on our Services to collect and analyze information collected through these technologies to assist us in auditing, research, or reporting; fraud prevention; and providing certain features to you. The types of tracking and analytics tools we and our service providers use for these purposes are:
- “Cookies” are small data files stored on your computer or device to collect information about your use of the Services. Cookies may enable us to recognize you as the same user who used our Services in the past, and relate your use of the Services to other information we have about you. Cookies may also be used to enhance your experience on the Services (for example, by storing your username) and/or to collect general usage and aggregated statistical information. Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, limit your use of our Services or features. Learn more about the use of cookies, including how to manage or delete them. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.
- “Local shared objects,” or “flash cookies,” may be stored on your computer or device using a media player or other software. Local shared objects operate much like cookies, but cannot be managed in the same way. Depending on how local shared objects are enabled on your computer or device, you may be able to manage them using software settings. For information on managing flash cookies, for example, click here.
- A “pixel tag” (also known as a “clear GIF” or “web beacon”) is a tiny image – typically just one-pixel – that can be placed on a web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our web pages.
Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for online advertising and analytics purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. Learn more about Do Not Track.
4. How We Share Data
- Seeker Data
We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Employers, Services, and Vendors. We will share your information with Employers and services at your request. For example, if you apply for a job, we may share the information with the relevant Employer. Moreover, we may share your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider. - Contact and account registration information
- Demographic and statistical information
- Personal identifiers and employment eligibility information
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. subpoena or court order); (b) enforce our Terms of Service, the Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
- Employer Data
We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Employers, Services, and Vendors. We will share your information with Employers and services at your request. For example, if you apply for a job, we may share the information with the relevant Employer. Moreover, we may share your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider. - Contact and account registration information
- Demographic and statistical information
- Personal identifiers and employment eligibility information
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. subpoena or court order); (b) enforce our Terms of Service, the Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
5. Aggregate/De-Identified Information
We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors, in our discretion.
6. Your Choices and Rights
You have certain rights with respect to your information as further described in this Section, in addition to any rights discussed elsewhere in this Privacy Policy. Please note your rights and choices vary depending upon your location.
Marketing Communications.
You may instruct us not to use your information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us using the information below. You may do so by logging into your Account and navigating towards Settings and, in commercial email messages, you can opt out by following the instructions located at the bottom of such emails. Removing your name from the email list may take a reasonable amount of time. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.
Account information.
We encourage you to periodically review and update your settings and profile information to reflect your job and communication preferences. You can access these settings at any time by logging in. If you would like us to close your account, you can reach out to us and we will do so.
Privacy Rights for California Residents.
If you are a California resident, California law requires us to provide you with some additional information regarding your rights with respect to your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).
If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:
- Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
- Provide access to and/or a copy of certain personal information we hold about you.
- Delete certain personal information we have about you.
- Provide you with information about the financial incentives that we offer to you, if any.
The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.
Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Service to you. We also will take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name, email address, phone number, or other information. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request. Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you or to comply with a legal obligation. In some circumstances if you still ask us to delete your information, you may no longer be able to access or use our Services. If you would like further information regarding your legal rights under California law or would like to exercise any of them, please use the form on the Snagajob Knowledge Base or contact us at [email protected]
California residents may opt out of the “sale” of their personal information. We do not “sell” California residents’ personal information under the CCPA, based on our current understanding of the definition of sell. We do share certain information as set forth in Section 3 and allow third parties to collect certain information about your activity, for example through cookies, as explained in Section 2.
With regard to personal information collected by Employers through Employer Direct Engagements, Seekers should direct requests to exercise applicable rights to the Employer on whose behalf we handle the data. If we receive a request from a Seeker directly in relation to information collected through an Employer Direct Engagement, we will refer that request to the appropriate Employer(s) and await each Employer’s instructions on how to handle it.
California “Shine the Light” Disclosure.
The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
Privacy Rights for Nevada Residents.
Under Nevada law, certain Nevada residents may opt out of the “sale” of “covered information” (as such term is defined under Nevada law) for monetary consideration to a person for that person to license or sell such information to additional persons. “Covered information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of the sale of your covered information under Nevada law by emailing us at [email protected]. Please note we will take reasonable steps to verify your identity and the authenticity of the request.
7. How We Protect Your Data and Our Services
We take measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, and access. However, no method of transmission over the internet, and no means of electronic or physical storage, is absolutely secure. By using our Services, you acknowledge and accept that we cannot guarantee the security of your information and that use of our Services is at your own risk. You are responsible for keeping your account information—and especially your login information—confidential. We ask you not to share your login credentials with anyone.
When you sign up for an account, you may be required to establish a username and password. If you create an account with us, you are responsible for maintaining the confidentiality of your account password and for any activity that occurs under your account. We are not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
If you use messaging features that allow you to interact with Employers or Seekers directly through our Services, please note that these communications are not encrypted and, for security purposes, you should not include any passwords, social security numbers, payment card information, or other sensitive information in such communications.
We have implemented the Invisible reCAPTCHA on our Website. Your use of the Invisible reCAPTCHA is subject to the Google Privacy Policy and Terms of Use.
8. Retention of your Information
We store and maintain your information for the purposes for which it is processed by us. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
9. Your Obligations
As discussed further in our Terms of Use, Seekers and Employers have obligations that they must abide by in order to use the Services:
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
10. Third-Party Links and Features
The Services contain links to third-party services, and you may also integrate our Services with third-party services. For example, Seeker may click a job application link that takes them to a third-party website hosted by an Employer or a third-party. If you choose to use these third-party services or features, you may disclose your information not just to those third parties but also to their users and the public more generally, depending on how their services function. Snagajob is not responsible for the content or practices of such third-party services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties.
11. Children’s Privacy
The Services are not intended for children under 13 years of age and we do not knowingly collect, maintain, or use Personal Information from children under 13 years of age. We will take reasonable steps to delete personal information (as defined by the United States Children’s Online Privacy Protection Act) as soon as reasonably possible if we learn that we have inadvertently collected it from children under the age of 13 without parental consent.
If you learn that your child has provided us with Personal Information without your consent, you may alert us at [email protected]. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.
12. Changes to our Privacy Policy
We reserve the right to amend this Privacy Policy at any time. We will make the revised Privacy Policy accessible through the Services, so you should review the Policy periodically. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date” at the beginning of this Privacy Policy. If we make a material change to this Privacy Policy, we will provide you with notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy.
13. Contact Information
If you wish to contact us or have any questions about or complaints in relation to this Privacy Policy, please email us at [email protected] or use our online contact us form. Please note that your communications with us may not necessarily be secure. Therefore, please do not include credit card information and/or other sensitive information in your communications with us.
Snagajob Privacy Policy
Note: This Privacy Policy is effective until 12/31/2019. Starting January 1, the new Privacy Policy above will be effective.
This is the privacy policy for Snagajob.com Inc. and Snag Work, LLC (collectively "Snagajob"). This page summarizes the key highlights from our Privacy Policy. For more information, read our full Privacy Policy.
Information we collect from you
We collect information:
- When you register an account to become a Snagajob member (examples: name, e-mail, employer, country, and a password).
- When you provide information to us about yourself.
- We use cookies and other technologies to recognize you, customize your experience, and serve advertisements.
- We automatically receive from your internet use information like your IP address, the URLs of sites from which you arrive or leave the Snagajob websites, your type of browser, your operating system, your mobile provider, your mobile device, and your ISP.
- We retain information you provide in connection with third party services available through Snagajob like surveys and polls or other third party research undertaken with your consent.
How we use information we collect from you
We use the information you provide to:
- Enable you to share your information and communicate with other members, or provide your personal details to third parties offering combined services with Snagajob;
- Allow you to apply to jobs and shifts.
- Administer your account with us and customize the service we provide to you and other members; and to
- Send you service or promotional communications through email and notices on the Snagajob websites.
How you can access, correct or delete your Personal Information
- Review, enhance or edit your personal information through your personal profile page;
- Change your settings to control visibility and accessibility through our website; and
- Tell us to close your Snagajob account.
Your obligations to us and to other Members
Do not abuse the websites by using them to spam, abuse, harass, or otherwise violate the Terms of Use or Privacy Policy.
How we protect the information you give to us
- Personal information you provide will be secured with industry standards and technology. Since the internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
- Although we have made reasonable efforts to safeguard the confidentiality of your Personal Information, we cannot promise, and you should not expect, that your Personal Information will always stay private.
- You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications at all times.
How to contact us
If you have any questions or comments please email us at [email protected] or contact us at:
www.snagajob.com
1-866-227-0466
4851 Lake Brook Drive
Glen Allen, VA 23060
Important information
Notice of all changes that materially affect ways in which your personal information may be used or shared will be posted in updates to our Privacy Policy.
If we change our Privacy Policy, we will post the changes to our Website, and may alert you to such change via e-mail or a message in My Account.
Complete Snagajob.com Privacy Policy
This is the complete Privacy Policy for Snagajob.com Inc. and Snag Work, LLC (collectively "Snagajob").
Purpose of our Privacy Policy
Snagajob.com, Inc. ("Snagajob.com") and Snag Work, LLC ("Snag Work") (together referred to as "Snagajob") appreciate the sensitivity and privacy with which your job search should be handled. In addition to installing numerous privacy features on the Snagajob websites, Snagajob has created this Privacy Policy to emphasize our commitment to your privacy. The Privacy Policy describes how we collect, protect and use information received and collected from you by means of our Websites. It does not apply to information that we gather or collect using any other method. We urge you to read our Privacy Policy so that you will understand both our commitment to you and your privacy, and how you can participate in that commitment. Capitalized and other terms not defined in this Privacy Policy will have the meaning ascribed to them in our Terms of Use.
Providing information to us is voluntary and may be withdrawn by you at any time.
The information you provide to us through our Websites may reveal, or allow others to identify, your nationality, ethnic origin, religion, gender, age, geography, or other aspects of your private life. By providing information to us for the purposes of creating your Member account or adding any additional details to your profile, you are expressly and voluntarily accepting the terms and conditions of this Privacy Policy and our Terms of Use that allow us to process information about you. You have the right to withdraw your consent to our collection and processing of your information at any time, in accordance with the terms of this Privacy Policy and our Terms of Use, by changing your Settings, or by closing your Snagajob accounts. Please note, however, that your withdrawal of consent will not be retroactive.
Information we collect from you
Personally Identifiable Information
Our Websites enables you to search for jobs and shifts in your area, register to receive communication about future work opportunities, participate in interactive areas such as My Account or to permit employers to contact you directly regarding job offerings. You may search without registering, but in order to apply for a job or a shift, receive communication, participate in the interactive areas to be found at My Account or be contacted by an employer interested in you for employment, you will have to register with Snagajob. We sometimes collect the following personally identifiable information:
- Email address
- Password
- Name
- Address
- City
- State
- ZIP code
- Phone number
- Date of birth
- Gender
- Military service
- Citizenship
- Education
- Job preferences
- Work experience
- Social Security Number
- References
We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and activity occurring on or through the Services. The information that may be collected automatically includes your computer or mobile device operating system type and version number, manufacturer and model, device identifier (such as the Google Advertising ID or Apple ID for Advertising), browser type, screen resolution, IP address, the website you visited before browsing to our website, general location information such as city, state or geographic area; and information about your use of and actions on the Services, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access. Our service providers and business partners may collect this type of information over time and across third-party websites and mobile applications.
Your personally identifiable information allows us to share your job preferences and work experiences with prospective employers, communicate with you about potential work opportunities, our business and our Websites, improve the information on and operation of our Websites, customize the Websites to your individual preferences and ensure your compliance with our Terms of Use and any other restrictions noted on the Websites.
In addition to providing us with your personally identifiable information and your IP address, if you chose to participate in the interactive portions of our Websites found at My Account, you will have to complete a user profile in which you may describe your skills, professional experiences, educational background, recommendations from other Websites users, group memberships, and networking objectives (this information, together with your personally identifiable information, shall be referred to collectively herein as your "Personal Information"). Providing additional information about yourself beyond what is minimally required at registration is entirely up to you, but providing such additional information enables you to derive more benefit from the Websites and your professional network by helping you build and leverage your professional network and facilitating your search for professional resources, information, and new opportunities. Any Personal Information you provide at registration or in the profile section may be used by us as we describe in the Terms of Use and this Privacy Policy. If you decide not to share such Personal Information, you may not receive the full benefit of being a Website Member.
You may also choose to manually enter or upload data about your contacts to the "Contacts" section of your account with us. Information entered into Contacts is only viewable by you and us. By providing email addresses or other information of non-Members, you represent that you have authority to do so. All information that you enter or upload about your contacts will be covered by the Terms of Use and this Privacy Policy and will enable us to provide customized services such as suggesting people to connect on our Websites.
We may collect information through our Websites in order to, among other things, accurately categorize and respond to Member inquiries and investigate breaches of our terms.
We may collect information about the fact that you use certain features and functionality or our Website, click on ads, or participate in research initiatives like polling and surveys on our Website.
We have implemented the Invisible reCAPTCHA on our Website. Your use of the Invisible reCAPTCHA is subject to the Google Privacy Policy and Terms of Use.
Polls and surveys on our Website
Polls and surveys may be conducted by us or our sponsors. As a Member, you may be invited to participate in polls and surveys from our Websites. Your selection may be random, or it may be based on your non-personally identifiable information, such as job title, geographic location, company size and/or industry. Whether or not you decide to participate in a poll or survey is completely up to you.
After you complete a poll, you will be given access to the aggregate responses of the poll on a results page. Some third parties may target advertisements to you on the results page based on your answers in the poll. Further, we or our Sponsors may follow up with you via e-mail in your My Account account regarding your participation unless you have opted out of receiving such e-mail messages.
We may use third parties to deliver incentives to you to participate in surveys or polls. If the delivery of incentives requires your contact information, you may be asked to provide Personal Information to the third party fulfilling the incentive offer, which will only be used for the purpose of delivering incentives and/or verifying your contact information. It is up to you whether you provide this information, or whether you desire to take advantage of an incentive.
We will not disclose any Personal Information to any third parties in connection with the conduct of any polls or surveys. Your consent to use any Personal Information for the purposes set forth in the poll or survey will be explicitly requested by the party conducting it. You may opt-out of participating in surveys by changing your settings to stop receiving these inquiries and requests.
“Cookies”
We use cookies and web log files to track your Websites usage and trends, to improve the quality of our service, to customize your experience on our Websites, as well as to deliver third-party advertising to Members both on and off our Websites.
While your browser may accept cookies automatically, you can change the settings on your browser to prevent our cookies from being downloaded automatically, or to notify you that they are ready to be downloaded. The latter will give you the option of whether or not you want to accept our cookies. If you decide to decline our cookies, however, some of our Website's features or services may not function as well as they would have had you accepted our cookies.
Our Websites may also contain very small, transparent, electronic images called "Web Beacons" that allow us to count Members who have visited the Website pages on which they are located. Web Beacons are not used to access your Personal Information, but rather are a method for us to assemble aggregated statistics about the usage of our Website. While you cannot decline Web Beacons, you can decline all cookies and therefore render the Web Beacons ineffective. We use Web Beacons with respect to our mobile applications as well.
Summary of information collected by us
In sum, we collect the following information from you:
- Registration information;
- Profile information;
- Information regarding your contacts with other Snagajob Members;
- Information regarding your usage of our Website;
- Information we glean from our cookies;
- Information we glean from our Web Beacons; and
- Your IP address, operating system or mobile platform, ISP or mobile provider, whichever is applicable.
How we communicate with you
As described in our Terms of Use, we will communicate with you through e-mail and notices posted on our Websites, messages to your My Account inbox, mobile text messages, or through other means available to us. We may send you a series of e-mails that help inform new Members about the features of our Websites, and we will also send you service messages relating to the functioning of our Websites. We may also send you messages with promotional information directly or on behalf of our sponsors, unless you have opted out of receiving promotional information.
Many communications you initiate through our Websites (e.g., an invitation sent to a non-Member) will list your primary e-mail address and name in the header of the message. Other communications that you initiate through our Websites, like a request for an introduction, will list your name as the initiator but will not include your personal email address contact information. Your contact information will only be shared with another Member if both of you have indicated that you would like to establish contact with each other.
You can change your e-mail and contact preferences at any time by logging into your account and changing the Settings related to your communication preferences. Unfortunately, you cannot opt-out of receiving service messages from us. If we send communications to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with your receipt of messages on your mobile device (including text messaging charges).
You may unsubscribe from Snagajob emails at any time by either clicking on the "Unsubscribe" link in the footer of the email or logging into your account, clicking Settings. Removing your name from the email list may take up to ten (10) days.
How we use information we collect from you
We take your privacy very seriously, and we do not sell, rent, or otherwise provide your Personal Information to third parties for marketing purposes. The only instances in which we disclose your Personal Information to third parties is as follows:
We disclose your Personal Information to companies and individuals who perform duties on our behalf, such as website hosting, marketing and customer service companies. While these companies may have access to your Personal Information in order to perform their jobs, they are prohibited from sharing your information with any other individual or company.
We will consider releasing, and may release, Personal Information to third parties to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order. We also may release Personal Information in order to prevent a crime, for national security, to protect our rights and property and to protect the personal safety of our Members or the public.
We disclose your Personal Information to prospective employers when you apply for a job and to third parties if you consent for us to do so. In addition, if you indicate that you want to receive offers and promotions from our sponsors, we will send your Personal Information to them according to your interests and preferences. If you decide to share your contact information in this manner, you will be provided with instructions regarding how to opt out of sharing your contact information if you decide you no longer wish to do so. If your Personal Information is disclosed to a prospective employer or a third party or sponsor, the use of your information will be subject to the privacy policy of that company and we are not responsible for that company’s use of your information.
We may disclose and transfer your Personal Information to a third party that acquires all or a substantial portion of our business, whether by way of merger, consolidation or purchase of all or a substantial portion of our assets. In addition, in the unlikely event that we become the subject of a voluntary or involuntary bankruptcy proceeding, we or our trustee in bankruptcy may sell, license or otherwise dispose of your Personal Information in a transaction approved by a bankruptcy court. If all or a substantial portion of our business is sold, you will be notified by e-mail or a notice posted on the Websites.
We may use information that does not allow you to be identified ("Anonymized Information") to better design our Websites and to share with our advertisers. For example, we may tell an advertiser or potential advertiser that a certain number of individuals visited a certain area on our Websites. We also might share Aggregate Information regarding the overall demographics of the users of our Websites, such as their age, sex or occupation. Depending on the circumstances, we may or may not charge advertisers for this information.
Notwithstanding anything else herein, we may partner with third party advertisers who may (themselves or through their partners) place or recognize a unique cookie on your browser. These cookies enable more customized ads, content or services to be provided to you. To trigger these cookies, we may pass an encrypted or “hashed” (non-human readable) identifier corresponding to your email address to a Web advertising partner, who may place a cookie on your computer. To opt-out of these cookies, please go to http://www.aboutads.info/choices.
Notwithstanding anything else in this policy, we or a data partner we have engaged may collect and store a unique identifier matched to your mobile device, in order to deliver customized ads or content while you use applications or surf the mobile web. In order to customize these ads or content, we or a data partner may connect demographic or other data about you (received from third parties) either to data you voluntarily have submitted to us, e.g., your email address, or to data passively collected from you, such as your device identifier or IP address. However, personal information may only be passed to a data partner in de-identified or in hashed, non-human readable form.
Some of our third-party partners may allow you to opt out of their targeted advertising. For more information, visit the Network Advertising Initiative Opt-Out Page.
Our Websites contains links to other websites that may be of interest to you. We do not have control over these websites, however, and therefore are not responsible for their privacy policies or practices. Please make sure to review the privacy policies of these websites so that you will be familiar with them.
We offer search services to help find information and learn more about other Members, as well as employment opportunities. We use information from Member profiles to populate and refine our search engine results.
How we protect the information you give to us
We have implemented a variety of security measures to maintain the safety of your Personal Information. We keep your Personal Information on a central database on a secured network in the United States that can be accessed only by a limited number of persons who are required to keep such information confidential. We audit our network regularly for possible vulnerabilities and attacks.
By using the Website, you grant us and all other persons or entities involved in the operation of our Website the right to receive, transmit, monitor, retrieve, store and use your Personal Information, including information that may be privileged and confidential under applicable state and federal laws, in connection with the operation of our Website and our maintenance of your Personal Information.
Although we have made reasonable efforts to safeguard the confidentiality of your Personal Information, we cannot promise, and you should not expect, that your Personal Information will always stay private. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. We also cannot guarantee that unauthorized third parties will never be able to circumvent our security measures and obtain access to your Personal Information and use it for improper purposes. As a user of the Website, you agree that you assume all risks regarding your use of the Website, transmissions made over the Internet generally, and your sharing of your Personal Information.
You are responsible, however, for taking all reasonable steps to ensure that no unauthorized person has access to your password. It is your sole responsibility (1) to control the dissemination and use of your password; (2) to authorize, monitor and control access to your password; and (3) to promptly notify us of any need to deactivate your login, or to change your password.
Also, please note that e-mails, instant messaging, and similar means of communication with other Members of our Website are not encrypted, and we strongly advise you not to communicate any confidential information through these means.
How you can access, correct or delete your Personal Information
We are committed to providing you reasonable and practical access to your Personal Information to determine if it is accurate. You may review the Personal Information that we have collected from you by logging in, and clicking "Edit Profile." If you would like a hard copy of the Personal Information that we have collected from you, you may contact us at [email protected] or [email protected]. To protect your privacy and security, we will also take reasonable steps to verify your identity before sending your Personal Information or making corrections to it. Please be aware that even after your request for a change is processed, we may, for a time, retain residual information about you in our backup and/or archival copies of our database.
While we have developed default settings for Member accounts that most Members desire, we encourage you to review your account Settings and adjust them according to your preferences.
You may opt out of or discontinue receiving communications from us by logging in, clicking Settings, and deselecting the corresponding checkboxes before clicking the "Submit" button. If you no longer wish to use our Websites, we will, upon request, remove your account and Profile Information from our records. In order to do so, please contact us at [email protected] or [email protected] with your username, password and email address. The removal process may take up to ten (10) days.
If you decide to close your account with us, we will remove your name and other Personal Information from our publicly viewable database. If you close your account, we have no obligation to retain your information, and may delete any or all of your account information without liability. However, we may retain certain data contributed by you if we believe it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, account recovery, or if required by law. We may also retain and use your information if necessary to provide our Website services to other Members. We disclaim any liability in relation to the deletion or retention (subject to the terms herein) of information or any obligation not to delete the information. We do not control when search engines update their caches, which may contain certain public profile information that has since been removed from our publicly viewable database.
If we learn that a Member is deceased, we may close such Member's account. In those cases we may restrict profile access, remove messaging functionality, and close an account if we receive a formal request from the Member's next of kin or other proper legal request to do so.
Your obligations to us and to other Members
As a Member, you have certain obligations to other Members. Those obligations include the following:
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others.
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
Do Not Track Signals
Some Internet browsers may be configured to send 'Do Not Track' signals to the online services that you visit. We currently do not respond to "Do Not Track" or similar signals. To find out more about 'Do Not Track,' please visit http://www.allaboutdnt.com.
SMS/Text Program Terms and Conditions
How to contact us
Should you have other questions or concerns about this Privacy Policy, or any comments, concerns or general feedback, please do not hesitate to contact us by sending us an email from this page or http://snag.work/contact-us/, or at the following:
www.snagajob.com
1-866-227-0466
4851 Lake Brook Drive
Glen Allen, VA 23060
How we announce changes to our Privacy Policy
We may update this Privacy Policy at any time, with or without advance notice. If we change our Privacy Policy, we will post the changes to our Websites, and may alert you to such change via e-mail, as described above. Your use of the Websites constitutes acceptance of this Privacy Policy, and your continued usage of our Websites after such changes are posted constitutes acceptance of such revised Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account that we have collected from you by means of our Websites.
Effective May 6, 2020 to May 6, 2020
DownloadSummary of changes
Table of Contents
- Data We Collect From Seekers We collect personal information in order to successfully provide Snagajob Services through the means discussed below. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, DOB, password, email address, username, phone number, wireless device, security questions and answers, city, state, ZIP code, and U.S. work eligibility ("Yes" or "No") - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Contact information, e.g. name, email address, postal address, and phone number - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Demographic and statistical information, e.g. gender, race, age, date of birth, health information, apparel size, marital status, military and veteran status, nationality, disability information, criminal history information, educational history, employment history, professional licenses and memberships, schedule and availability, access to transportation, and responses to tests and surveys. - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Personal identifiers and employment eligibility information, e.g. photographs, driver's license number, operator's license number, motor vehicle license number, passport number, Social Security Number, other state or federal-issued identification numbers, and information you provide on tax and other other government forms. - Provide the Services
- Application information and employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Employers
Financial and transactional information, e.g. bank account number and paycard information. - Employment onboarding
- Fraud prevention and legal purposes
- You
- Employers
Customer service information, e.g. questions and other messages you address to us directly through online forms, by mail, over the phone, or by post; and summaries or voice recordings of your interactions with our customer support team. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Communications with other users, e.g. your in-Serivces messages and information surrounding those messages such as the date/time of the communication. - Provide the Services
- Employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- The Employers you are communicating with
Research, survey, or sweepstakes information, e.g. if you participate in an internal Snagajob survey or sweepstakes on our Services or areas we can improve, we collect information needed for you to participate (such as contact information) and to fulfill your prize. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Survey partners
- Researchers and analysts
Information about others, e.g. if you submit information about your references or former employers; or if you use a "tell-a-friend" tool (or similar feature) that allows you to send information to another person, we will collect, at a minimum, the recipient's contact information. In providing this information, you represent that you are authorized to provide it. - Provide the Services
- Employment onboarding
- Fraud prevention and legal purposes
- You
- Other users (if you are the recipient of a communication
Device information and identifiers, e.g. IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network, information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Data We Collect from and About Employers We also collect information from Employers to provide the Services. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, phone number, email address, postal address, account username, password, security questions and answers. - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Business or company information, e.g. business name, industry, FEIN, business phone number, location(s), links to external business websites, pictures, business logo. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Financial and transactional information, e.g. credit card information, billing address. - Provide the Services
- Fraud detection and prevention
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Employment opportunity information, e.g. title, wage range, location(s), availability information, desired qualifications and skills, job description and expectations, job postings. - Provide the Services
- Personalize your experience
- Communicate with you
- Application information and Employment onboarding
- You
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network and information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address or derived through Wi-Fi triangulation. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Additional Information The following information provides additional information about the purposes for collecting and using your information.
- Creating a profile and saving selected job postings
- Displaying job opportunities and potential candidates
- Processing and fulfilling your requests and transactions, including registrations, subscriptions, purchases, and payments
- Assisting you in submitting, requesting, processing, or reviewing an application
- Engaging in analysis, research, measuring and reports to better understand how you use the Services, so we can improve them, develop them, and fix errors
- Administering internal Net Promotor Score surveys
- Sending communications that you have requested on your behalf
- Understanding and resolving app crashes and other issues being reported
- Applying for a job or shift
- Conducting background check and employment eligibility screenings
- Complying with applicable laws, including federal and state employment law
- Arranging for financial deposits and transactions and relevant trainings
- Facilitating logistics for employment, such as uniform sizing
- Responding to your requests for information and provide you with more effective and efficient customer service and technical support, including to investigate, respond to and resolve incidents and complaints
- Keeping you updated regarding job opportunities, interview requests, application reminders, and/or jobs you may be interested in
- Informing Employers about new applicants to posted jobs, account-specific information, and/or promotions regarding our Services
- Providing you with transactional updates and information about the Services (e.g., inform you about updates to our Services, information about your account, or information about ecommerce transactions that you conduct on the Services)
- In accordance with applicable legal requirements, contacting you by email, postal mail, phone, or SMS regarding our Services. If participating in the Snagajob Info Alerts SMS/MMS/Text Program or any other feature that involves SMS messages, you should review the Snagajob SMS/MMS Terms.
- Finding and recommending appropriate and eligible job opportunities and candidates
- Sending you personalized newsletters, surveys, and information about Snagajob products and services
- Monitoring, preventing, and detecting fraud, such as through verifying your identity
- Combatting spam or other malware or security risks
- Monitoring, enforcing, and improving the security of our Services
- Complying with any applicable procedures, laws, and regulations where it is necessary for our legitimate interests or the legitimate interests of others
- Establishing, exercising, or defending our legal rights where it is necessary for our legitimate interests or the legitimate interests of others (e.g., to enforce compliance with our Terms of Use, Privacy Policies, or to protect our Services, users, or others)
- “Cookies” are small data files stored on your computer or device to collect information about your use of the Services. Cookies may enable us to recognize you as the same user who used our Services in the past, and relate your use of the Services to other information we have about you. Cookies may also be used to enhance your experience on the Services (for example, by storing your username) and/or to collect general usage and aggregated statistical information. Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, limit your use of our Services or features. Learn more about the use of cookies, including how to manage or delete them. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.
- “Local shared objects,” or “flash cookies,” may be stored on your computer or device using a media player or other software. Local shared objects operate much like cookies, but cannot be managed in the same way. Depending on how local shared objects are enabled on your computer or device, you may be able to manage them using software settings. For information on managing flash cookies, for example, click here.
- A “pixel tag” (also known as a “clear GIF” or “web beacon”) is a tiny image – typically just one-pixel – that can be placed on a web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our web pages.
- Seeker Data We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Employers, Services, and Vendors. We will share your information with Employers and services at your request. For example, if you apply for a job, we may share the information with the relevant Employer. Moreover, we may share your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider. - Contact and account registration information
- Demographic and statistical information
- Personal identifiers and employment eligibility information
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. subpoena or court order); (b) enforce our Terms of Service, the Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
- Employer Data We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Employers, Services, and Vendors. We will share your information with Employers and services at your request. For example, if you apply for a job, we may share the information with the relevant Employer. Moreover, we may share your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider. - Contact and account registration information
- Demographic and statistical information
- Personal identifiers and employment eligibility information
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. subpoena or court order); (b) enforce our Terms of Service, the Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
- Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
- Provide access to and/or a copy of certain personal information we hold about you.
- Delete certain personal information we have about you.
- Provide you with information about the financial incentives that we offer to you, if any.
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
- When you register an account to become a Snagajob member (examples: name, e-mail, employer, country, and a password).
- When you provide information to us about yourself.
- We use cookies and other technologies to recognize you, customize your experience, and serve advertisements.
- We automatically receive from your internet use information like your IP address, the URLs of sites from which you arrive or leave the Snagajob websites, your type of browser, your operating system, your mobile provider, your mobile device, and your ISP.
- We retain information you provide in connection with third party services available through Snagajob like surveys and polls or other third party research undertaken with your consent.
- Enable you to share your information and communicate with other members, or provide your personal details to third parties offering combined services with Snagajob;
- Allow you to apply to jobs and shifts.
- Administer your account with us and customize the service we provide to you and other members; and to
- Send you service or promotional communications through email and notices on the Snagajob websites.
- Review, enhance or edit your personal information through your personal profile page;
- Change your settings to control visibility and accessibility through our website; and
- Tell us to close your Snagajob account.
- Personal information you provide will be secured with industry standards and technology. Since the internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
- Although we have made reasonable efforts to safeguard the confidentiality of your Personal Information, we cannot promise, and you should not expect, that your Personal Information will always stay private.
- You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications at all times.
- Email address
- Password
- Name
- Address
- City
- State
- ZIP code
- Phone number
- Date of birth
- Gender
- Military service
- Citizenship
- Education
- Job preferences
- Work experience
- Social Security Number
- References
- Registration information;
- Profile information;
- Information regarding your contacts with other Snagajob Members;
- Information regarding your usage of our Website;
- Information we glean from our cookies;
- Information we glean from our Web Beacons; and
- Your IP address, operating system or mobile platform, ISP or mobile provider, whichever is applicable.
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others.
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
Effective May 5, 2020 to May 6, 2020
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We also collect information from Employers to provide the Services. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information.
C. Additional Information
· Creating a profile and saving selected job postings
· Displaying job opportunities and potential candidates
· Processing and fulfilling your requests and transactions, including registrations, subscriptions, purchases, and payments
· Assisting you in submitting, requesting, processing, or reviewing an application
· Engaging in analysis, research, measuring and reports to better understand how you use the Services, so we can improve them, develop them, and fix errors
· Administering internal Net Promotor Score surveys
· Sending communications that you have requested on your behalf
· Understanding and resolving app crashes and other issues being reported
· Applying for a job or shift
· Conducting background check and employment eligibility screenings
· Complying with applicable laws, including federal and state employment law
· Arranging for financial deposits and transactions and relevant trainings
· Facilitating logistics for employment, such as uniform sizing
· Responding to your requests for information and provide you with more effective and efficient customer service and technical support, including to investigate, respond to and resolve incidents and complaints
· Keeping you updated regarding job opportunities, interview requests, application reminders, and/or jobs you may be interested in
· Informing Employers about new applicants to posted jobs, account-specific information, and/or promotions regarding our Services
· Providing you with transactional updates and information about the Services (e.g., inform you about updates to our Services, information about your account, or information about ecommerce transactions that you conduct on the Services)
· In accordance with applicable legal requirements, contacting you by email, postal mail, phone, or SMS regarding our Services. If participating in the Snagajob Info Alerts SMS/MMS/Text Program or any other feature that involves SMS messages, you should review the Snagajob SMS/MMS Terms.
· Finding and recommending appropriate and eligible job opportunities and candidates
· Sending you personalized newsletters, surveys, and information about Snagajob products and servicesSecure our Services and users, for example:
· Monitoring, preventing, and detecting fraud, such as through verifying your identity
· Combatting spam or other malware or security risks
· Monitoring, enforcing, and improving the security of our Services
· Complying with any applicable procedures, laws, and regulations where it is necessary for our legitimate interests or the legitimate interests of others
· Establishing, exercising, or defending our legal rights where it is necessary for our legitimate interests or the legitimate interests of others (e.g., to enforce compliance with our Terms of Use, Privacy Policies, or to protect our Services, users, or others)
Combined Information. For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.
2. Cookies and Online Analytics.
- “Cookies” are small data files stored on your computer or device to collect information about your use of the Services. Cookies may enable us to recognize you as the same user who used our Services in the past, and relate your use of the Services to other information we have about you. Cookies may also be used to enhance your experience on the Services (for example, by storing your username) and/or to collect general usage and aggregated statistical information. Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, limit your use of our Services or features. To learn more about the use of cookies, including how to manage or delete them, click here. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.
- “Local shared objects,” or “flash cookies,” may be stored on your computer or device using a media player or other software. Local shared objects operate much like cookies, but cannot be managed in the same way. Depending on how local shared objects are enabled on your computer or device, you may be able to manage them using software settings. For information on managing flash cookies, for example, click here.
- A “pixel tag” (also known as a “clear GIF” or “web beacon”) is a tiny image – typically just one-pixel – that can be placed on a web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our web pages.
3. How We Share Data
A. Seeker Data
B. Employer Data
4. Aggregate/De-Identified Information
5. Your Choices and Rights
We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of the sale of your covered information under Nevada law by emailing us at [email protected]. Please note we will take reasonable steps to verify your identity and the authenticity of the request.
7. Retention of your Information
8. Your Obligations
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
10. Children’s Privacy
11. Changes to our Privacy Policy
- When you register an account to become a Snagajob member (examples: name, e-mail, employer, country, and a password).
- When you provide information to us about yourself.
- We use cookies and other technologies to recognize you, customize your experience, and serve advertisements.
- We automatically receive from your internet use information like your IP address, the URLs of sites from which you arrive or leave the Snagajob websites, your type of browser, your operating system, your mobile provider, your mobile device, and your ISP.
- We retain information you provide in connection with third party services available through Snagajob like surveys and polls or other third party research undertaken with your consent.
- Enable you to share your information and communicate with other members, or provide your personal details to third parties offering combined services with Snagajob;
- Allow you to apply to jobs and shifts.
- Administer your account with us and customize the service we provide to you and other members; and to
- Send you service or promotional communications through email and notices on the Snagajob websites.
- Review, enhance or edit your personal information through your personal profile page;
- Change your settings to control visibility and accessibility through our website; and
- Tell us to close your Snagajob account.
- Personal information you provide will be secured with industry standards and technology. Since the internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
- Although we have made reasonable efforts to safeguard the confidentiality of your Personal Information, we cannot promise, and you should not expect, that your Personal Information will always stay private.
- You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications at all times.
- Email address
- Password
- Name
- Address
- City
- State
- ZIP code
- Phone number
- Date of birth
- Gender
- Military service
- Citizenship
- Education
- Job preferences
- Work experience
- Social Security Number
- References
- Registration information;
- Profile information;
- Information regarding your contacts with other Snagajob Members;
- Information regarding your usage of our Website;
- Information we glean from our cookies;
- Information we glean from our Web Beacons; and
- Your IP address, operating system or mobile platform, ISP or mobile provider, whichever is applicable.
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others.
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
Snagajob.com Copyright Policy
Effective May 6, 2020
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Snagajob.com Copyright Policy
Snagajob.com’s Terms of Use require that information posted by Customers be accurate, lawful and not in violation of the intellectual property rights of third parties. In order to help ensure this, we have a process for submission of complaints concerning content posted by our Customers. Our complaint process is as follows:
COMPLAINT PROCEDURE REGARDING CONTENT POSTED ON THE SNAGAJOB.COM WEBSITE
In accordance with our Terms of Use and these procedures, and regardless of whether we may be liable for any alleged violation of rights or inaccurate or unlawful content, we may remove or disable access to specific content appearing on the our website upon receipt of a verified notice asserting that the content infringes a copyright or other intellectual property rights (collectively, “IP Rights”), is inaccurate, or is otherwise unlawful. Whether or not we disable access to or remove content, we may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the Customer who posted the content and/or take other reasonable steps to notify the Customer that we have received notice of an alleged violation of IP Rights or other content violation. The Customer may refute a claim by submitting a counter-notice (“Counter-Notice”) as permitted in these procedures. Any Counter-Notice submitted may be provided to the complainant with the Customer’s contact information.
Please note that any Notice or Counter-Notice you submit must be truthful and must be submitted under penalty of perjury. A false Notice or Counter-Notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a Notice or a Counter-Notice.
Our policies and procedures for removing or disabling access to content alleged to be infringing, inaccurate or otherwise unlawful are and remain at our sole discretion. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Customers, or groups as the case may be, who may infringe or repeatedly infringe the IP Rights of others, or who otherwise post inaccurate or unlawful content.
CLAIMS REGARDING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY INFRINGEMENT
Notice of Claimed Infringement
In an effort to prevent unauthorized use of intellectual property on our Website, and pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), we have implemented procedures for receiving written notification of claimed infringements of IP Rights. We have also designated an agent to receive notices of claimed infringement. If you believe in good faith that your IP Rights have been infringed, you may complete and submit a Notice of Claimed Infringement form, or otherwise provide a written communication which contains the following information:
- A signature of the person authorized to act on behalf of the owner of the IP Rights;
- A description of the work that you claim has been infringed;
- A description specifying the location on our website of the material that you claim is infringing;
- Your telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the intellectual property owner’s behalf.
Please submit the Notice to Snagajob.com’s Legal Department, as follows:
By e-mail at:
[email protected]
By U.S. mail at:
ATTN: Legal
Snagajob.com
4851 Lake Brook Drive
Glen Allen, VA 23060
USA
By telephone at:
804-236-9934
By fax at:
804-822-4655
Counter-Notice Regarding Claim of Infringement
If you believe that a Notice has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may complete the Counter-Notice Regarding Claim of Infringement form, or otherwise provide a written communication which contains:
- Your signature;
- Identification of the material removed or to which access has been disabled;
- A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
- Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Eastern District of Virginia, Richmond Division, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.
Please submit your Counter-Notice to Snagajob’s Legal Department via email or mail to the addresses specified above.
Any assertions made in submitting either the Notice or the Counter-Notice are under penalty of perjury. Snagajob will process the Notice and Counter-Notice in accordance with its policies and procedures which remain in our sole discretion.
Effective May 6, 2020 to May 6, 2020
DownloadTable of Contents
Snagajob.com Copyright Policy
Snagajob.com’s Terms of Use require that information posted by Customers be accurate, lawful and not in violation of the intellectual property rights of third parties. In order to help ensure this, we have a process for submission of complaints concerning content posted by our Customers. Our complaint process is as follows:
COMPLAINT PROCEDURE REGARDING CONTENT POSTED ON THE SNAGAJOB.COM WEBSITE
In accordance with our Terms of Use and these procedures, and regardless of whether we may be liable for any alleged violation of rights or inaccurate or unlawful content, we may remove or disable access to specific content appearing on the our website upon receipt of a verified notice asserting that the content infringes a copyright or other intellectual property rights (collectively, “IP Rights”), is inaccurate, or is otherwise unlawful. Whether or not we disable access to or remove content, we may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the Customer who posted the content and/or take other reasonable steps to notify the Customer that we have received notice of an alleged violation of IP Rights or other content violation. The Customer may refute a claim by submitting a counter-notice (“Counter-Notice”) as permitted in these procedures. Any Counter-Notice submitted may be provided to the complainant with the Customer’s contact information.
Please note that any Notice or Counter-Notice you submit must be truthful and must be submitted under penalty of perjury. A false Notice or Counter-Notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a Notice or a Counter-Notice.
Our policies and procedures for removing or disabling access to content alleged to be infringing, inaccurate or otherwise unlawful are and remain at our sole discretion. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Customers, or groups as the case may be, who may infringe or repeatedly infringe the IP Rights of others, or who otherwise post inaccurate or unlawful content.
CLAIMS REGARDING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY INFRINGEMENT
Notice of Claimed Infringement
In an effort to prevent unauthorized use of intellectual property on our Website, and pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), we have implemented procedures for receiving written notification of claimed infringements of IP Rights. We have also designated an agent to receive notices of claimed infringement. If you believe in good faith that your IP Rights have been infringed, you may complete and submit a Notice of Claimed Infringement form, or otherwise provide a written communication which contains the following information:
- A signature of the person authorized to act on behalf of the owner of the IP Rights;
- A description of the work that you claim has been infringed;
- A description specifying the location on our website of the material that you claim is infringing;
- Your telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the intellectual property owner’s behalf.
Please submit the Notice to Snagajob.com’s Legal Department, as follows:
By e-mail at:
[email protected]
By U.S. mail at:
ATTN: Legal
Snagajob.com
4851 Lake Brook Drive
Glen Allen, VA 23060
USA
By telephone at:
804-236-9934
By fax at:
804-822-4655
Counter-Notice Regarding Claim of Infringement
If you believe that a Notice has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may complete the Counter-Notice Regarding Claim of Infringement form, or otherwise provide a written communication which contains:
- Your signature;
- Identification of the material removed or to which access has been disabled;
- A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
- Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Eastern District of Virginia, Richmond Division, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.
Please submit your Counter-Notice to Snagajob’s Legal Department via email or mail to the addresses specified above.
Any assertions made in submitting either the Notice or the Counter-Notice are under penalty of perjury. Snagajob will process the Notice and Counter-Notice in accordance with its policies and procedures which remain in our sole discretion.
Effective May 6, 2020 to May 6, 2020
DownloadTable of Contents
- A signature of the person authorized to act on behalf of the owner of the IP Rights;
- A description of the work that you claim has been infringed;
- A description specifying the location on our website of the material that you claim is infringing;
- Your telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the intellectual property owner’s behalf.
By e-mail at:
[email protected]
ATTN: Legal
Snagajob.com
4851 Lake Brook Drive
Glen Allen, VA 23060
USA
804-236-9934
804-822-4655
- Your signature;
- Identification of the material removed or to which access has been disabled;
- A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
- Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Eastern District of Virginia, Richmond Division, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.
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Snagajob California Privacy Notice
Effective December 27, 2022
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Snagajob California Privacy Notice
Last Updated: January 1, 2023
Below is a summary of Snagajob’s collection and use of “personal information” (as defined by the California Consumer Privacy Act (“CCPA”)) about California residents in connection with our websites and mobile apps that link to this page. This Privacy Notice applies to information that we collect and process when you interact with our website and applications and related online and offline services (collectively, the “Services”). For more details, you can read our Privacy Policy.
This notice provides information about our practices in the 12 months leading up to the effective date of this Policy in relation to the categories of personal information that we collect from California residents generally – including the categories of sensitive personal information (race, ethnicity, health information, citizenship status, precise location information) – the purposes for which we use the information, the categories of third parties to whom we disclose the information for business purposes, our “sales” and “sharing” of information (as defined by the CCPA), and retention practices.
A. Categories of Information Collected
SEEKER – INFO WE COLLECT, PURPOSES, AND THIRD PARTIES
Categories of information collected | Purposes of use | Categories of third parties to whom we disclose the information for business and operational purposes (See “How We Disclose Information We Collect” in our Privacy Policy for additional information) |
Account registration information, e.g. email address and password |
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Contact information, e.g. name, email address, postal address, and phone number |
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Profile information, you may have choices about the information included in your profile, such as your name, email address, educational history, employment history, professional licenses, compensation, skills, interests, citizenship status and U.S. work eligibility, references, job and career preferences, location and postal address information (including city, state, and ZIP code), and bio. In accordance with your profile settings, you may be able to choose whether your profile information is visible to Employers on Snagajob’s network or the public at large. Be aware that any information included in your public or shared profile may be read, collected, and used by others who access it. |
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Demographic and statistical information, e.g. gender, age, date of birth, ability to meet physical demands of position, apparel size, marital status, military and veteran status, race, ethnicity, national origin, nationality, disability information, criminal history information, educational history, employment history, professional licenses and memberships, schedule and availability, access to transportation, and responses to tests and surveys. |
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Personal identifiers and employment eligibility information, e.g. photographs, driver's license number, operator's license number, motor vehicle license number, passport number, Social Security Number, other government and work identification numbers and licenses, and information you provide on tax and other government forms. |
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Application responses, e.g. when you submit an application using the Services, we may collect application question responses, documents uploaded for job applications, and results of background checks and identity verification. Some of this information may be added to your Snagajob profile. |
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Financial and transactional information, e.g. bank account number and paycard information. |
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Customer service information, e.g. questions and other messages you address to us directly through online forms, by mail, over the phone, or by post; and summaries or visual or voice recordings of your interactions with our customer support team. |
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Communications with other users, e.g. your in-Services messages and information surrounding those messages such as the date/time of the communication. This might include requests, questions, and/or issues regarding your account, profile, or applications, our Services, or other topics you might raise. |
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Research, survey, or sweepstakes information, e.g. if you participate in a Snagajob survey, promotion, or sweepstakes on our Services or areas we can improve, we collect information needed for you to participate (such as contact information) and to fulfill your prize. |
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Information about others, e.g. if you submit information about your references or former employers; or if you use a "tell-a-friend" tool (or similar feature) that allows you to send information to another person, we will collect, at a minimum, the recipient's contact information. In providing this information, you represent that you are authorized to provide it. |
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Device information and identifiers, e.g. IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers. |
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Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information. |
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Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network, information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). |
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Geolocation, e.g. city, state, country, and ZIP code associated with your IP address. |
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Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. |
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EMPLOYER– INFO WE COLLECT, PURPOSES, AND THIRD PARTIES
Categories of information collected | Purposes of use | Categories of third parties to whom we disclose the information for business and operational purposes (See “How We Disclose Information We Collect” in our Privacy Policy for additional information) |
Account registration information, e.g. name, phone number, email address, postal address, account username, password, security questions and answers. |
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Business or company information, e.g. business name, industry, FEIN, business phone number, postal address, location(s), links to external business websites, pictures, business logo. |
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Financial and transactional information, e.g. financial account or credit card information, billing address. |
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Employment opportunity information, e.g. title, wage range, location(s), availability information, desired qualifications and skills, job description and expectations, job postings. |
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Communications with other users, e.g. your in-Services messages and information surrounding those messages such as the date/time of the communication. |
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Information about others, e.g. if you use a "tell-a-friend" tool (or similar feature) that allows you to send information to another person, we will collect, at a minimum, the recipient's contact information. In providing this information, you represent that you are authorized to provide it. |
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Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network and information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). |
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Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information. |
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Geolocation, e.g. city, state, country, and ZIP code associated with your IP address or derived through Wi-Fi triangulation. |
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Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. |
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SUPPLIERS, BUSINESS PARTNERS, AND SIMILAR BUSINESSES – INFO WE COLLECT, PURPOSES, AND THIRD PARTIES
Categories of information collected | Purposes of use | Categories of third parties to whom we disclose the information for business and operational purposes (See “How We Disclose Information We Collect” in our Privacy Policy for additional information) |
Contact and business information, e.g. name, business name, business phone number, email address and postal address, government identifier, industry, location(s), other information relating to your employer, and information you choose to provide us. |
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Financial and transactional information, e.g. financial account or credit card information, billing address. |
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Communications with us, e.g. your name, email address, phone number, contents of communications with us, and information surrounding those messages such as the date/time of the communication. This might include requests, questions, and/or issues regarding your food orders, your account, our Services, or other topics you might raise. |
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Events and Programs, e.g. if you register for or attend a Snagajob event or program, we may collect your name, email address, phone number, and attendance-related information. |
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B. “Sale” and “Sharing” Opt-Out Right
California residents may opt out of the “sale” and “sharing” of their personal information. As explained in the “Notice of Right to Opt Out of Sales of Personal Information and Processing/Sharing of Personal Information for Targeted Advertising Purposes” section in our Privacy Policy, we sometimes disclose information to unaffiliated third-party advertising providers for targeted advertising purposes, so that we can provide you with more relevant and tailored ads regarding our services, or use analytics partners to assist us in analyzing use of our services and our user/customer base. The disclosure of your personal information to these third parties to assist us in providing these services may be considered a “sale” of personal information under the CCPA, or, the “sharing” of your personal information for purposes of “cross-context behavioral advertising.”
The following chart lists the categories of personal information we have sold or shared over the last 12 months and the categories of third parties to which we have sold or shared:
Category of Personal Information | Categories of Third Parties to Which we Have “Sold” this PI | Categories of Third Parties to Which we Have “Shared” this PI |
Identifiers | Analytics providers | Ad networks and advertising partners |
Transactional information | Analytics providers | Ad networks and advertising partners |
Internet network and device activity data | Analytics providers | Ad networks and advertising partners |
If you would like to opt out of Snagajob’s online disclosure such as through cookie and pixel technology of your personal information for purposes that could be considered “sales” or “sharing,” please review the information in the “Online and Mobile App Advertising” section of our Privacy Policy and follow the instructions below. You can also submit a request to opt out of our offline disclosures of information that are subject to applicable opt out rights by visiting this link. You may be permitted to designate an authorized agent to submit such requests on your behalf Please note that we do not knowingly sell the personal information of minors under 16 years of age without legally-required affirmative authorization.
Please be aware that if you submit a sale opt-out request, your profile information may still be visible to Employers on Snagajob’s network who are searching for eligible job applicants or the public at large in accordance with your profile settings. You can adjust your profile settings by visiting this page.
Instructions For Opting Out of Online Disclosures
Online Advertising Opt Out Options
Digital Advertising Alliance (“DAA”) and Network Advertising Initiative (“NAI”) Opt-Outs. The Digital Advertising Alliance (“DAA”) and the Network Advertising Initiative (“NAI”) offer tools to provide consumers with choices as to whether participating third parties can use your information to provide targeted advertising. To opt out of sharing your information with such participating third parties for targeted advertising, please use the following tools:
For websites: the DAA WebChoices Tool, available at http://optout.aboutads.info/?c=2⟨=EN, and the NAI Consumer Opt-Out Tool, available at http://optout.networkadvertising.org/?c=1. For mobile applications: the DAA AppChoices Tool, available at http://www.aboutads.info/appchoices.
Mobile Ad Settings
If you no longer wish to receive interest-based advertising on your mobile applications, please refer to your device’s operating system settings. Information on “limit ad tracking” settings for many common operating systems is available on NAI’s Mobile Choices page: https://www.networkadvertising.org/mobile-choice.
Facebook Ad Preferences
Facebook offers settings that may control what information Facebook uses about you or your device activity for advertising purposes. Login to Facebook and go to Settings > Ads > Ad Settings (web) or Ad Preferences > Ad Settings (app) for more information.
Please Note:
- The opt-outs described above are device- and browser-based. Because the information being shared relates to your device ID and/or browser ID, you must opt out on each device and each browser where you want your choice to apply.
- Opt-outs may be stored via cookies. If you clear cookies, your opt-out will no longer be valid and you must opt out again where you want your choices to apply.
- We do not maintain or control the opt-out mechanisms and settings above and is not responsible for their operation.
- Exercising these choices does not prevent us from delivering contextual advertising, conducting cross-device tracking for us to serve you first-party ads directly, or using information for non-targeted advertising purposes, such as attribution and analytics.
- We may also still share some personal information with our partners to help us perform functions such as measuring ad effectiveness, controlling how many times you see an ad, determining ad performance, providing and securing ad, providing aggregate statistics and analytics, and/or reducing ad fraud. In such instances, these partners will act as our services providers.
The above choices will not opt you out of the use of previously collected and shared information or all interest-based advertising (such as that conducted on other sites).
C. “Shine the Light” Disclosure
The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
D. Retention
We will keep your personal information for as long as necessary to fulfill the purposes described above, unless a longer retention is required or permitted by law. We may delete or de-identify your information sooner if we receive a verifiable deletion request, subject to exemptions under applicable law. The retention period that applies to your information may vary depending on the services you use and how you interact with them. We may retain cached or archived copies of your information.
Effective February 15, 2021 to December 27, 2022
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- Account registration information, e.g. name, DOB, password, email address, username, phone number, wireless device, security questions and answers, city, state, ZIP code, and U.S. work eligibility ("Yes" or "No")
- Contact information, e.g. name, email address, postal address, and phone number
- Profile information, you may have choices about the information included in your profile, such as your name, email address, educational history, employment history, professional licenses, city and state, and bio. In accordance with your profile settings, you may be able to choose whether your profile information is visible to Employers on Snagajob’s network or the public at large. Be aware that any information included in your public or shared profile may be read, collected, and used by others who access it.
- Demographic and statistical information, e.g. gender, race, age, date of birth, health information, apparel size, marital status, military and veteran status, nationality, disability information, criminal history information, educational history, employment history, professional licenses and memberships, schedule and availability, access to transportation, and responses to tests and surveys.
- Personal identifiers and employment eligibility information, e.g. photographs, driver's license number, operator's license number, motor vehicle license number, passport number, Social Security Number, other state or federal-issued identification numbers, and information you provide on tax and other government forms.
- Application responses, e.g. when you submit an application using the Services, we may collect application question responses, documents uploaded for job applications, and results of background checks and identity verification. Some of this information may be added to your Snagajob profile.
- Financial and transactional information, e.g. bank account number and paycard information.
- Customer service information, e.g. questions and other messages you address to us directly through online forms, by mail, over the phone, or by post; and summaries or voice recordings of your interactions with our customer support team.
- Communications with other users, e.g. your in-Services messages and information surrounding those messages such as the date/time of the communication.
- Research, survey, or sweepstakes information, e.g. if you participate in an internal Snagajob survey or sweepstakes on our Services or areas we can improve, we collect information needed for you to participate (such as contact information) and to fulfill your prize.
- Information about others, e.g. if you submit information about your references or former employers; or if you use a "tell-a-friend" tool (or similar feature) that allows you to send information to another person, we will collect, at a minimum, the recipient's contact information. In providing this information, you represent that you are authorized to provide it.
- Device information and identifiers, e.g. IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers.
- Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information.
- Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network, information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter).
- Geolocation, e.g. city, state, country, and ZIP code associated with your IP address.
- Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services.
B. Purposes of Use
C. “Sale” Opt-Out Right
Effective October 26, 2020 to February 15, 2021
DownloadTable of Contents
- Account registration information, e.g. name, DOB, password, email address, username, phone number, wireless device, security questions and answers, city, state, ZIP code, and U.S. work eligibility ("Yes" or "No")
- Contact information, e.g. name, email address, postal address, and phone number
- Profile information, you may have choices about the information included in your profile, such as your name, email address, educational history, employment history, professional licenses, city and state, and bio. In accordance with your profile settings, you may be able to choose whether your profile information is visible to Employers on Snagajob’s network or the public at large. Be aware that any information included in your public or shared profile may be read, collected, and used by others who access it.
- Demographic and statistical information, e.g. gender, race, age, date of birth, health information, apparel size, marital status, military and veteran status, nationality, disability information, criminal history information, educational history, employment history, professional licenses and memberships, schedule and availability, access to transportation, and responses to tests and surveys.
- Personal identifiers and employment eligibility information, e.g. photographs, driver's license number, operator's license number, motor vehicle license number, passport number, Social Security Number, other state or federal-issued identification numbers, and information you provide on tax and other government forms.
- Application responses, e.g. when you submit an application using the Services, we may collect application question responses, documents uploaded for job applications, and results of background checks and identity verification. Some of this information may be added to your Snagajob profile.
- Financial and transactional information, e.g. bank account number and paycard information.
- Customer service information, e.g. questions and other messages you address to us directly through online forms, by mail, over the phone, or by post; and summaries or voice recordings of your interactions with our customer support team.
- Communications with other users, e.g. your in-Services messages and information surrounding those messages such as the date/time of the communication.
- Research, survey, or sweepstakes information, e.g. if you participate in an internal Snagajob survey or sweepstakes on our Services or areas we can improve, we collect information needed for you to participate (such as contact information) and to fulfill your prize.
- Information about others, e.g. if you submit information about your references or former employers; or if you use a "tell-a-friend" tool (or similar feature) that allows you to send information to another person, we will collect, at a minimum, the recipient's contact information. In providing this information, you represent that you are authorized to provide it.
- Device information and identifiers, e.g. IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers.
- Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information.
- Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network, information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter).
- Geolocation, e.g. city, state, country, and ZIP code associated with your IP address.
- Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services.
B. Purposes of Use
C. “Sale” Opt-Out Right
Effective October 26, 2020 to October 26, 2020
DownloadTable of Contents
A. Categories of Information Collected
- Account registration information, e.g. name, DOB, password, email address, username, phone number, wireless device, security questions and answers, city, state, ZIP code, and U.S. work eligibility ("Yes" or "No")
- Contact information, e.g. name, email address, postal address, and phone number
- Profile information, you may have choices about the information included in your profile, such as your name, email address, educational history, employment history, professional licenses, city and state, and bio. In accordance with your profile settings, you may be able to choose whether your profile information is visible to Employers on Snagajob’s network or the public at large. Be aware that any information included in your public or shared profile may be read, collected, and used by others who access it.
- Demographic and statistical information, e.g. gender, race, age, date of birth, health information, apparel size, marital status, military and veteran status, nationality, disability information, criminal history information, educational history, employment history, professional licenses and memberships, schedule and availability, access to transportation, and responses to tests and surveys.
- Personal identifiers and employment eligibility information, e.g. photographs, driver's license number, operator's license number, motor vehicle license number, passport number, Social Security Number, other state or federal-issued identification numbers, and information you provide on tax and other government forms.
- Application responses, e.g. when you submit an application using the Services, we may collect application question responses, documents uploaded for job applications, and results of background checks and identity verification. Some of this information may be added to your Snagajob profile.
- Financial and transactional information, e.g. bank account number and paycard information.
- Customer service information, e.g. questions and other messages you address to us directly through online forms, by mail, over the phone, or by post; and summaries or voice recordings of your interactions with our customer support team.
- Communications with other users, e.g. your in-Services messages and information surrounding those messages such as the date/time of the communication.
- Research, survey, or sweepstakes information, e.g. if you participate in an internal Snagajob survey or sweepstakes on our Services or areas we can improve, we collect information needed for you to participate (such as contact information) and to fulfill your prize.
- Information about others, e.g. if you submit information about your references or former employers; or if you use a "tell-a-friend" tool (or similar feature) that allows you to send information to another person, we will collect, at a minimum, the recipient's contact information. In providing this information, you represent that you are authorized to provide it.
- Device information and identifiers, e.g. IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers.
- Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information.
- Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network, information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter).
- Geolocation, e.g. city, state, country, and ZIP code associated with your IP address.
- Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services.
B. Purposes of Use
C. “Sale” Opt-Out Right
Do Not Sell My Personal Information
Effective December 27, 2022
DownloadTable of Contents
- The opt-outs described above are device- and browser-based. Because the information being shared relates to your device ID and/or browser ID, you must opt out on each device and each browser where you want your choice to apply.
- Opt-outs may be stored via cookies. If you clear cookies, your opt-out will no longer be valid and you must opt out again where you want your choices to apply.
- We do not maintain or control the opt-out mechanisms and settings above and is not responsible for their operation.
- Exercising these choices does not prevent us from delivering contextual advertising, conducting cross-device tracking for us to serve you first-party ads directly, or using information for non-targeted advertising purposes, such as attribution and analytics.
- We may also still share some personal information with our partners to help us perform functions such as measuring ad effectiveness, controlling how many times you see an ad, determining ad performance, providing and securing ad, providing aggregate statistics and analytics, and/or reducing ad fraud. In such instances, these partners will act as our services providers.
Effective February 15, 2021 to December 27, 2022
DownloadTable of Contents
Effective October 26, 2020 to February 15, 2021
DownloadTable of Contents
Snagajob Security
Effective October 25, 2020
DownloadTable of Contents
- Regular risk and security assessments
- Methods to prevent and detect unauthorized access
- Testing of components by internal and third party experts
- Real-time alerting and on-call response to issues
- Keep your data safe and confidential
- Store your data encrypted
- Use industry-standard encryption protocols to protect all data in transit
- Protect our infrastructure and hold any providers we use to the highest expectations of physical access, control, and safety.
- Never share your login information with anyone to any website
- Never use the same password for all your online accounts (Netflix, Amazon, your email accounts, etc.) and try to change your passwords every 2-3 months
- Do not fill out social media quizzes that gather information about you (your birth month, your high school mascot, etc.) – you can't ever be 100% sure of where that data is going and who could use it to try and hack you.
- When looking at a web address, make sure "https://" is in the URL. This means that the website you're visiting is secure and that all communication between you and that website is encrypted.
- We recommend using a passphrase instead of a password. Learn more by clicking here – NIST Update: Passphrases In, Complex Passwords Out
- Never send personal information (Social Security Number, driver's license, DOB, etc.) or credit card information over email or text message
- Learn how to spot a phishing email – FTC's guide on phishing
- If you get an email from a business, verify the sender by hovering over the email address
- Check for spelling mistakes
- Don't ever give up personal or company confidential information – most businesses will never ask for personal credentials via email
- Beware of urgent or threatening language in the subject line
- No work? No money. Do not cash any checks or accept any money if you haven't done any work. Job scammers often say they will pay you in advance for miscellaneous items like office supplies or personal items. These checks are not real and they will bounce. If you are unsure, you can always go to your bank and have them confirm the authenticity of the check.
- Share your info wisely. Applying to many legitimate jobs online requires you to provide a lot of information, like your address or Social Security number. Just remember, never give out your information through email or over the phone. And always check to make sure the site you are using to apply is secure.
- Stay organized. Some scammers will post a job under a legitimate company name, but then contact you as a different, fake company in the hopes you won't remember all of the jobs you've applied to. We recommend keeping a notebook or spreadsheet that lists each position and company you send an application to and don't respond to anyone unfamiliar.
- Do your research. If someone reaches out to you from a company you've never heard of, do a quick internet search to check them out to see if others have been scammed by them. Also, keep an eye out for people who do not have a company domain name in their email address, but instead use a free email service (e.g., [email protected] vs. [email protected]).
- Trust your gut. If it sounds too good to be true, it probably is. Pay attention to the pay rate you are being offered and compare it to similar jobs in your area. If they offer to pay you $30 an hour to answer phones at home because their office is under construction, let this be a red flag.
- Place an initial fraud alert - Ask credit companies to put a fraud alert on your credit report. This will make it difficult for anyone to access your account and lasts 90 days. More information can be found here: FTC – Place a Fraud Alert
- Order a free credit report - After you've placed an initial fraud alert, you will be entitled to a free credit report. More information: FTC – Order a Credit Report
- Create an identity theft report - This report will help you deal with credit reporting companies, debt collectors and businesses. You can also use the report to get fraudulent information removed from your credit report and can extend the fraud alert on your credit report. More information: FTC – Create an identity theft report
- File a complaint with the FTC - This will help prevent anyone from opening accounts in your name. More information: FTC – File a Complaint
- File a complaint with the Internet Crime Complaint Center - a partnership between the FBI and national White Collar Crime Center. More information: FBI/WCC – Internal Crime Complaint Center
Effective October 22, 2020 to October 25, 2020
DownloadTable of Contents
- Regular risk and security assessments
- Methods to prevent and detect unauthorized access
- Testing of components by internal and third party experts
- Real-time alerting and on-call response to issues
- Keep your data safe and confidential
- Store your data encrypted
- Use industry-standard encryption protocols to protect all data in transit
- Protect our infrastructure and hold any providers we use to the highest expectations of physical access, control, and safety.
- Never share your login information with anyone to any website
- Never use the same password for all your online accounts (Netflix, Amazon, your email accounts, etc.) and try to change your passwords every 2-3 months
- Do not fill out social media quizzes that gather information about you (your birth month, your high school mascot, etc.) – you can't ever be 100% sure of where that data is going and who could use it to try and hack you.
- When looking at a web address, make sure "https://" is in the URL. This means that the website you're visiting is secure and that all communication between you and that website is encrypted.
- We recommend using a passphrase instead of a password. Learn more by clicking here – NIST Update: Passphrases In, Complex Passwords Out
- Never send personal information (Social Security Number, driver's license, DOB, etc.) or credit card information over email or text message
- Learn how to spot a phishing email – FTC's guide on phishing
- If you get an email from a business, verify the sender by hovering over the email address
- Check for spelling mistakes
- Don't ever give up personal or company confidential information – most businesses will never ask for personal credentials via email
- Beware of urgent or threatening language in the subject line
- No work? No money. Do not cash any checks or accept any money if you haven't done any work. Job scammers often say they will pay you in advance for miscellaneous items like office supplies or personal items. These checks are not real and they will bounce. If you are unsure, you can always go to your bank and have them confirm the authenticity of the check.
- Share your info wisely. Applying to many legitimate jobs online requires you to provide a lot of information, like your address or Social Security number. Just remember, never give out your information through email or over the phone. And always check to make sure the site you are using to apply is secure.
- Stay organized. Some scammers will post a job under a legitimate company name, but then contact you as a different, fake company in the hopes you won't remember all of the jobs you've applied to. We recommend keeping a notebook or spreadsheet that lists each position and company you send an application to and don't respond to anyone unfamiliar.
- Do your research. If someone reaches out to you from a company you've never heard of, do a quick internet search to check them out to see if others have been scammed by them. Also, keep an eye out for people who do not have a company domain name in their email address, but instead use a free email service (e.g., [email protected] vs. [email protected]).
- Be cautious with IM interviews. If the employer does not want to meet you face-to-face (whether in person or over video) this is good sign that the job is a scam. In addition, they'll most likely hire you on the spot during the chat interview and ask for your bank account information. Never give this information out through an internet chat.
- Trust your gut. If it sounds too good to be true, it probably is. Pay attention to the pay rate you are being offered and compare it to similar jobs in your area. If they offer to pay you $30 an hour to answer phones at home because their office is under construction, let this be a red flag.
- Place an initial fraud alert - Ask credit companies to put a fraud alert on your credit report. This will make it difficult for anyone to access your account and lasts 90 days. More information can be found here: FTC – Place a Fraud Alert
- Order a free credit report - After you've placed an initial fraud alert, you will be entitled to a free credit report. More information: FTC – Order a Credit Report
- Create an identity theft report - This report will help you deal with credit reporting companies, debt collectors and businesses. You can also use the report to get fraudulent information removed from your credit report and can extend the fraud alert on your credit report. More information: FTC – Create an identity theft report
- File a complaint with the FTC - This will help prevent anyone from opening accounts in your name. More information: FTC – File a Complaint
- File a complaint with the Internet Crime Complaint Center - a partnership between the FBI and national White Collar Crime Center. More information: FBI/WCC – Internal Crime Complaint Center
Effective August 5, 2020 to October 22, 2020
DownloadTable of Contents
Security
What we do to protect your personal information
At Snagajob, we work hard to keep your information safe. Internal procedures include:
- Regular risk and security assessments
- Methods to prevent and detect unauthorized access
- Testing of components by internal and third party experts
- Real-time alerting and on-call response to issues
We promise to:
- Keep your data safe and confidential
- Store your data encrypted
- Use industry-standard encryption protocols to protect all data in transit
- Protect our infrastructure and hold any providers we use to the highest expectations of physical access, control, and safety.
Your Part – What you should do
In General:
- Never share your login information with anyone to any website
- Never use the same password for all your online accounts (Netflix, Amazon, your email accounts, etc.) and try to change your passwords every 2-3 months
- Do not fill out social media quizzes that gather information about you (your birth month, your high school mascot, etc.) – you can't ever be 100% sure of where that data is going and who could use it to try and hack you.
- When looking at a web address, make sure "https://" is in the URL. This means that the website you're visiting is secure and that all communication between you and that website is encrypted.
- We recommend using a passphrase instead of a password. Learn more by clicking here – NIST Update: Passphrases In, Complex Passwords Out
- Never send personal information (Social Security Number, driver's license, DOB, etc.) or credit card information over email or text message
- Learn how to spot a phishing email – FTC's guide on phishing
- If you get an email from a business, verify the sender by hovering over the email address
- Check for spelling mistakes
- Don't ever give up personal or company confidential information – most businesses will never ask for personal credentials via email
- Beware of urgent or threatening language in the subject line
Job Seekers – Common red flags when applying
It can sometimes be difficult to tell the difference between a real job posting and a scam posting. After all, scammers tend to advertise jobs openings inthe same places that legitimate employers do.
That’s why we’ve put together some tips to help you keep your information safe during your job search. Watch out for these red flags and you will be able to tell the difference between a real job and a fake:
- No work? No money. Do not cash any checks or accept anymoney if you haven't done any work. Job scammers often say they will pay you in advance for miscellaneous items like office supplies or personal items. These checks are not real and they will bounce.If you are unsure, you can always go to your bank and have them confirm the authenticity of the check.
- Share your info wisely. Applying to many legitimate jobs online requires you to provide a lot of information, like your address or Social Security number.Just remember, never give out your information throughemail or over the phone. And always check to make sure the site you are using to apply is secure.
- Stay organized. Some scammers will post a job under a legitimate company name, but then contact youas a different, fake company in the hopes you won't rememberall of the jobs you've applied to. We recommend keeping a notebook or spreadsheet that lists each position and company you send an application to and don't respond to anyone unfamiliar.
- Do your research. If someone reaches out to you from a company you'venever heard of, do a quick internet search to check them out to see if others have been scammed by them. Also, keep an eye out for people who do not have a company domain name in their emailaddress, but instead use a free email service (e.g., [email protected] vs. [email protected]).
- Be cautious with IM interviews. If the employer does not want to meet you face-to-face (whether in person or over video) this is good sign that the job is a scam.In addition, they'll most likely hire you on the spot during the chat interview and ask for your bank account information. Never give this information out through an internet chat.
- Trust your gut. If it sounds too good to be true, it probably is. Pay attentionto the pay rate you are being offered and compare it to similarjobs in your area. If they offer to pay you $30 an hour to answer phones at home because their office is under construction, let this be a red flag.
What to do if you suspect you’ve been avictim of fraud
- Place an initial fraud alert - Ask credit companiesto put a fraud alert on your credit report. This will make it difficult for anyone to access your account and lasts 90 days. More information canbe found here: FTC – Place a Fraud Alert
- Order a free credit report - After you've placed an initial fraudalert, you will be entitled to a free credit report. More information: FTC – Order a Credit Report
- Create an identity theft report - This report will help you deal with creditreporting companies, debt collectors and businesses. You can also use thereport to get fraudulent information removed from your credit report and can extend the fraud alert on your credit report. More information: FTC – Create an identity theft report
- File a complaint with the FTC - This will help prevent anyone from openingaccounts in your name. More information: FTC – File a Complaint
- File a complaint with the Internet Crime Complaint Center - a partnership between the FBI and national White CollarCrime Center. More information: FBI/WCC – Internal Crime Complaint Center
Snagajob Disclosures and Consents
Effective June 9, 2020
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Disclosures & Consents
- I understand that, where permissible under applicable federal, state, or local law, I may be subject to a pre-employment background check after receiving a conditional offer of employment to investigate my background and other matters related to my suitability for employment. I understand that a separate disclosure and consent form will be provided to me prior to any background check being conducted by a third party in accordance with the Fair Credit Reporting Act.
- I understand that employment with Snagajob is also contingent on my providing sufficient documentation necessary to establish my identity and legal eligibility to work in the United States.
- I further understand that the completion of an application with Snagajob is a preliminary step to employment. It does not obligate Snagajob to offer employment to me, or for me to accept employment. I understand and agree that if hired, my employment will be at-will, which means employment is for an indefinite period of time and may be terminated by myself or Snagajob at any time, with or without cause, and with or without notice.
- I agree that Snagajob may communicate with me about my application by email, cellular telephone, SMS or MMS messaging, telephone, or delivery services including the U.S. Postal Service. I acknowledge and agree that Snagajob shall have no liability associated with or arising from my failure to maintain accurate contact or other information, including, but not limited to, my failure to receive critical information about my application.
- State Specific Disclosures
- FOR ARIZONA APPLICANTS: THE SMOKE-FREE ARIZONA ACT, A.R.S. § 36-601.01, PROHIBITS SMOKING IN PLACES OF EMPLOYMENT AND WITHIN 20 FEET OF ALL ENTRANCES, OPEN WINDOWS, OR VENTILATION SYSTEMS.
- FOR CALIFORNIA APPLICANTS: I RECOGNIZE THAT I MAY WAIVE MY RIGHT TO RECEIVE A COPY OF ANY PUBLIC RECORD OBTAINED BY THE COMPANY WHEN CONDUCTING A BACKGROUND INVESTIGATION OF ME PER THE REQUIREMENTS OF CALIFORNIA’S INVESTIGATIVE CONSUMER REPORTING AGENCIES ACT (CALIFORNIA CIVIL CODE § 1786, ET SEQ.). I MAY WAIVE MY RIGHT BY CHECKING THIS BOX: I DO NOT WISH TO RECEIVE A COPY OF ANY PUBLIC RECORDS OBTAINED BY THE COMPANY ABOUT ME THROUGH NON-INVESTIGATIVE CONSUMER REPORTING AGENCY SOURCES.
- FOR MARYLAND APPLICANTS: UNDER MARYLAND LAW, AN EMPLOYER MAY NOT REQUIRE OR DEMAND, AS A CONDITION OF EMPLOYMENT, PROSPECTIVE EMPLOYMENT OR CONTINUED EMPLOYMENT, THAT AN INDIVIDUAL SUBMIT TO OR TAKE A LIE DETECTOR OR SIMILAR TEST. AN EMPLOYER WHO VIOLATES THIS LAW IS GUILTY OF A MISDEMEANOR AND SUBJECT TO A FINE NOT EXCEEDING $100.
- FOR MASSACHUSETTS APPLICANTS: IT IS UNLAWFUL IN MASSACHUSETTS TO REQUIRE OR ADMINISTER A LIE DETECTOR TEST AS A CONDITION OF EMPLOYMENT OR CONTINUED EMPLOYMENT. AN EMPLOYER WHO VIOLATES THIS LAW SHALL BE SUBJECT TO CRIMINAL PENALTIES AND CIVIL LIABILITY.
- FOR MONTANA APPLICANTS: THE EMPLOYMENT RELATIONSHIP IS GOVERNED BY THE WRONGFUL DISCHARGE FROM EMPLOYMENT ACT. MONT. CODE ANN. §39-2-901.
- FOR RHODE ISLAND APPLICANTS: IF YOU PROVIDE FALSE INFORMATION ABOUT YOUR ABILITY TO PERFORM THE ESSENTIAL FUNCTIONS OF THE JOB, WITH OR WITHOUT ACCOMMODATIONS, YOU MAY BE BARRED FROM FILING A CLAIM UNDER THE PROVISIONS OF THE WORKERS’ COMPENSATION ACT OF THE STATE OF RHODE ISLAND.
Effective May 6, 2020 to June 9, 2020
DownloadTable of Contents
Disclosures & Consents
- I understand that, where permissible under applicable federal, state, or local law, I may be subject to a pre-employment background check after receiving a conditional offer of employment to investigate my background and other matters related to my suitability for employment. I understand that a separate disclosure and consent form will be provided to me prior to any background check being conducted by a third party in accordance with the Fair Credit Reporting Act.
- I understand that employment with Snagajob is also contingent on my providing sufficient documentation necessary to establish my identity and legal eligibility to work in the United States.
- I further understand that the completion of an application with Snagajob is a preliminary step to employment. It does not obligate Snagajob to offer employment to me, or for me to accept employment. I understand and agree that if hired, my employment will be at-will, which means employment is for an indefinite period of time and may be terminated by myself or Snagajob at any time, with or without cause, and with or without notice.
- I agree that Snagajob may communicate with me about my application by email, cellular telephone, SMS or MMS messaging, telephone, or delivery services including the U.S. Postal Service. I acknowledge and agree that Snagajob shall have no liability associated with or arising from my failure to maintain accurate contact or other information, including, but not limited to, my failure to receive critical information about my application.
- State Specific Disclosures
- FOR ARIZONA APPLICANTS: THE SMOKE-FREE ARIZONA ACT, A.R.S. § 36-601.01, PROHIBITS SMOKING IN PLACES OF EMPLOYMENT AND WITHIN 20 FEET OF ALL ENTRANCES, OPEN WINDOWS, OR VENTILATION SYSTEMS.
- FOR CALIFORNIA APPLICANTS: I RECOGNIZE THAT I MAY WAIVE MY RIGHT TO RECEIVE A COPY OF ANY PUBLIC RECORD OBTAINED BY THE COMPANY WHEN CONDUCTING A BACKGROUND INVESTIGATION OF ME PER THE REQUIREMENTS OF CALIFORNIA’S INVESTIGATIVE CONSUMER REPORTING AGENCIES ACT (CALIFORNIA CIVIL CODE § 1786, ET SEQ.). I MAY WAIVE MY RIGHT BY CHECKING THIS BOX: I DO NOT WISH TO RECEIVE A COPY OF ANY PUBLIC RECORDS OBTAINED BY THE COMPANY ABOUT ME THROUGH NON-INVESTIGATIVE CONSUMER REPORTING AGENCY SOURCES.
- FOR MARYLAND APPLICANTS: UNDER MARYLAND LAW, AN EMPLOYER MAY NOT REQUIRE OR DEMAND, AS A CONDITION OF EMPLOYMENT, PROSPECTIVE EMPLOYMENT OR CONTINUED EMPLOYMENT, THAT AN INDIVIDUAL SUBMIT TO OR TAKE A LIE DETECTOR OR SIMILAR TEST. AN EMPLOYER WHO VIOLATES THIS LAW IS GUILTY OF A MISDEMEANOR AND SUBJECT TO A FINE NOT EXCEEDING $100.
- FOR MASSACHUSETTS APPLICANTS: IT IS UNLAWFUL IN MASSACHUSETTS TO REQUIRE OR ADMINISTER A LIE DETECTOR TEST AS A CONDITION OF EMPLOYMENT OR CONTINUED EMPLOYMENT. AN EMPLOYER WHO VIOLATES THIS LAW SHALL BE SUBJECT TO CRIMINAL PENALTIES AND CIVIL LIABILITY.
- FOR MONTANA APPLICANTS: THE EMPLOYMENT RELATIONSHIP IS GOVERNED BY THE WRONGFUL DISCHARGE FROM EMPLOYMENT ACT. MONT. CODE ANN. §39-2-901.
- FOR RHODE ISLAND APPLICANTS: IF YOU PROVIDE FALSE INFORMATION ABOUT YOUR ABILITY TO PERFORM THE ESSENTIAL FUNCTIONS OF THE JOB, WITH OR WITHOUT ACCOMMODATIONS, YOU MAY BE BARRED FROM FILING A CLAIM UNDER THE PROVISIONS OF THE WORKERS’ COMPENSATION ACT OF THE STATE OF RHODE ISLAND.
Effective May 6, 2020 to May 6, 2020
DownloadSummary of changes
Table of Contents
- I understand that, where permissible under applicable federal, state, or local law, I may be subject to a pre-employment background check after receiving a conditional offer of employment to investigate my background and other matters related to my suitability for employment. I understand that a separate disclosure and consent form will be provided to me prior to any background check being conducted by a third party in accordance with the Fair Credit Reporting Act.
- I understand that employment with Snagajob is also contingent on my providing sufficient documentation necessary to establish my identity and legal eligibility to work in the United States.
- I further understand that the completion of an application with Snagajob is a preliminary step to employment. It does not obligate Snagajob to offer employment to me, or for me to accept employment. I understand and agree that if hired, my employment will be at-will, which means employment is for an indefinite period of time and may be terminated by myself or Snagajob at any time, with or without cause, and with or without notice.
- I agree that Snagajob may communicate with me about my application by email, cellular telephone, SMS or MMS messaging, telephone, or delivery services including the U.S. Postal Service. I acknowledge and agree that Snagajob shall have no liability associated with or arising from my failure to maintain accurate contact or other information, including, but not limited to, my failure to receive critical information about my application.
- State Specific Disclosures
- FOR ARIZONA APPLICANTS: THE SMOKE-FREE ARIZONA ACT, A.R.S. § 36-601.01, PROHIBITS SMOKING IN PLACES OF EMPLOYMENT AND WITHIN 20 FEET OF ALL ENTRANCES, OPEN WINDOWS, OR VENTILATION SYSTEMS.
- FOR CALIFORNIA APPLICANTS: I RECOGNIZE THAT I MAY WAIVE MY RIGHT TO RECEIVE A COPY OF ANY PUBLIC RECORD OBTAINED BY THE COMPANY WHEN CONDUCTING A BACKGROUND INVESTIGATION OF ME PER THE REQUIREMENTS OF CALIFORNIA’S INVESTIGATIVE CONSUMER REPORTING AGENCIES ACT (CALIFORNIA CIVIL CODE § 1786, ET SEQ.). I MAY WAIVE MY RIGHT BY CHECKING THIS BOX: I DO NOT WISH TO RECEIVE A COPY OF ANY PUBLIC RECORDS OBTAINED BY THE COMPANY ABOUT ME THROUGH NON-INVESTIGATIVE CONSUMER REPORTING AGENCY SOURCES.
- FOR MARYLAND APPLICANTS: UNDER MARYLAND LAW, AN EMPLOYER MAY NOT REQUIRE OR DEMAND, AS A CONDITION OF EMPLOYMENT, PROSPECTIVE EMPLOYMENT OR CONTINUED EMPLOYMENT, THAT AN INDIVIDUAL SUBMIT TO OR TAKE A LIE DETECTOR OR SIMILAR TEST. AN EMPLOYER WHO VIOLATES THIS LAW IS GUILTY OF A MISDEMEANOR AND SUBJECT TO A FINE NOT EXCEEDING $100.
- FOR MASSACHUSETTS APPLICANTS: IT IS UNLAWFUL IN MASSACHUSETTS TO REQUIRE OR ADMINISTER A LIE DETECTOR TEST AS A CONDITION OF EMPLOYMENT OR CONTINUED EMPLOYMENT. AN EMPLOYER WHO VIOLATES THIS LAW SHALL BE SUBJECT TO CRIMINAL PENALTIES AND CIVIL LIABILITY.
- FOR MONTANA APPLICANTS: THE EMPLOYMENT RELATIONSHIP IS GOVERNED BY THE WRONGFUL DISCHARGE FROM EMPLOYMENT ACT. MONT. CODE ANN. §39-2-901.
- FOR RHODE ISLAND APPLICANTS: IF YOU PROVIDE FALSE INFORMATION ABOUT YOUR ABILITY TO PERFORM THE ESSENTIAL FUNCTIONS OF THE JOB, WITH OR WITHOUT ACCOMMODATIONS, YOU MAY BE BARRED FROM FILING A CLAIM UNDER THE PROVISIONS OF THE WORKERS’ COMPENSATION ACT OF THE STATE OF RHODE ISLAND.
Effective May 5, 2020 to May 6, 2020
DownloadTable of Contents
- I understand that, where permissible under applicable federal, state, or local law, I may be subject to a pre-employment background check after receiving a conditional offer of employment to investigate my background and other matters related to my suitability for employment. I understand that a separate disclosure and consent form will be provided to me prior to any background check being conducted by a third party in accordance with the Fair Credit Reporting Act.
- I understand that employment with Snagajob is also contingent on my providing sufficient documentation necessary to establish my identity and legal eligibility to work in the United States.
- I further understand that the completion of an application with Snagajob is a preliminary step to employment. It does not obligate Snagajob to offer employment to me, or for me to accept employment. I understand and agree that if hired, my employment will be at-will, which means employment is for an indefinite period of time and may be terminated by myself or Snagajob at any time, with or without cause, and with or without notice.
- I agree that Snagajob may communicate with me about my application by email, cellular telephone, SMS or MMS messaging, telephone, or delivery services including the U.S. Postal Service. I acknowledge and agree that Snagajob shall have no liability associated with or arising from my failure to maintain accurate contact or other information, including, but not limited to, my failure to receive critical information about my application.
- State Specific Disclosures
- FOR ARIZONA APPLICANTS: THE SMOKE-FREE ARIZONA ACT, A.R.S. § 36-601.01, PROHIBITS SMOKING IN PLACES OF EMPLOYMENT AND WITHIN 20 FEET OF ALL ENTRANCES, OPEN WINDOWS, OR VENTILATION SYSTEMS.
- FOR CALIFORNIA APPLICANTS: I RECOGNIZE THAT I MAY WAIVE MY RIGHT TO RECEIVE A COPY OF ANY PUBLIC RECORD OBTAINED BY THE COMPANY WHEN CONDUCTING A BACKGROUND INVESTIGATION OF ME PER THE REQUIREMENTS OF CALIFORNIA’S INVESTIGATIVE CONSUMER REPORTING AGENCIES ACT (CALIFORNIA CIVIL CODE § 1786, ET SEQ.). I MAY WAIVE MY RIGHT BY CHECKING THIS BOX: I DO NOT WISH TO RECEIVE A COPY OF ANY PUBLIC RECORDS OBTAINED BY THE COMPANY ABOUT ME THROUGH NON-INVESTIGATIVE CONSUMER REPORTING AGENCY SOURCES.
- FOR MARYLAND APPLICANTS: UNDER MARYLAND LAW, AN EMPLOYER MAY NOT REQUIRE OR DEMAND, AS A CONDITION OF EMPLOYMENT, PROSPECTIVE EMPLOYMENT OR CONTINUED EMPLOYMENT, THAT AN INDIVIDUAL SUBMIT TO OR TAKE A LIE DETECTOR OR SIMILAR TEST. AN EMPLOYER WHO VIOLATES THIS LAW IS GUILTY OF A MISDEMEANOR AND SUBJECT TO A FINE NOT EXCEEDING $100.
- FOR MASSACHUSETTS APPLICANTS: IT IS UNLAWFUL IN MASSACHUSETTS TO REQUIRE OR ADMINISTER A LIE DETECTOR TEST AS A CONDITION OF EMPLOYMENT OR CONTINUED EMPLOYMENT. AN EMPLOYER WHO VIOLATES THIS LAW SHALL BE SUBJECT TO CRIMINAL PENALTIES AND CIVIL LIABILITY.
- FOR MONTANA APPLICANTS: THE EMPLOYMENT RELATIONSHIP IS GOVERNED BY THE WRONGFUL DISCHARGE FROM EMPLOYMENT ACT. MONT. CODE ANN. §39-2-901.
- FOR RHODE ISLAND APPLICANTS: IF YOU PROVIDE FALSE INFORMATION ABOUT YOUR ABILITY TO PERFORM THE ESSENTIAL FUNCTIONS OF THE JOB, WITH OR WITHOUT ACCOMMODATIONS, YOU MAY BE BARRED FROM FILING A CLAIM UNDER THE PROVISIONS OF THE WORKERS’ COMPENSATION ACT OF THE STATE OF RHODE ISLAND.
E-Signature Disclosures & Consent
Effective June 15, 2020
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Consent to receive, review, access, sign & authenticate certain documents, forms, letters, & other information electronically
Snag.Work LLC ("Snagajob") is a provider of on-demand workers to fill shifts as requested by employers.
You are agreeing to electronically access, receive, review, sign, and authenticate certain documents, forms, and/or letters ("Materials") covered by the federal U.S. Electronic Signatures in Global and National Commerce Act ("E-SIGN"), various U.S. state electronic transactions acts ("ETAs"), and/or the separate state laws of Illinois, New York, and Washington, including but not limited to the following Materials:
- Applications for employment
- Offer letter, Confidentiality Agreement, and Arbitration Agreement which are a condition of your employment with Snagajob; and/or
- Any other materials provided by Snagajob in order to facilitate your employment and the filling of shifts.
These E-Signature Disclosures & Consent apply to all Materials, both current and future, related to your employment with Snagajob.
You are agreeing that your electronic signature is the equivalent of your handwritten (or wet) signature, with all the same legal and binding effect. In certain cases throughout your use of this system, you may be asked to click buttons labeled "I Agree," "I Acknowledge," or using similar words, or otherwise electronically to acknowledge, accept, review, etc. Materials. These E-Signature Disclosures & Consent apply to those instances as well. You also understand that, in its sole discretion, Snagajob may mail, hand-deliver, communicate, or otherwise send you hard-copy Materials.
You may obtain a paper copy of any electronic Materials, including ones already or to be accessed, received, reviewed, and/or signed electronically from Snagajob by sending a written request to Snagajob at 4851 Lake Brook Drive, Glen Allen, Virginia 23060. You will be charged a reasonable fee to cover the costs of providing a paper copy.
You may withdraw your consent to receive, review, access, sign, and authenticate any additional electronic Materials at any time by canceling these E-Signature Disclosures & Consent. You may cancel these E-Signature Disclosures & Consent and withdraw your consent now by not completing this E-Signature Disclosures & Consent form and exiting the system. You may cancel these E-Signature Disclosures & Consent and withdraw your consent in the future by sending a written cancellation request to Snagajob at 4851 Lake Brook Drive, Glen Allen, Virginia 23060 or [email protected]. Any withdrawal of your consent will be effective after a reasonable period of time in order for Snagajob to process your withdrawal. Withdrawal of your consent will have no legal effect on the validity, effectiveness, or enforceability of (a) any authorization, consent, or e-signature provided by you prior to the effective date of your withdrawal or (b) any document, form, letter, etc. that was provided or made available to you in electronic format prior to the effective date of your withdrawal. Withdrawal of your consent (i.e., canceling these E-Signature Disclosures & Consent) will terminate your access to Snagajob's online system.
You must update Snagajob regarding the information necessary to contact you electronically (including your personal email address) by emailing [email protected]. Snagajob may electronically send Materials to your work or personal email addresses, in its discretion.
To access these electronic Materials, you must have (a) a personal computer or mobile device and an operating system capable of receiving, accessing, displaying, and either printing or storing information, (b) an Internet connection, and (c) Internet Browser Software such as Internet Explorer®, Google Chrome®, Safari®, or Firefox®. Your Internet Browser Software must support 128-bit encryption and Secure Sockets Layer (SSL) protocol. If you are able to see these E-Signature Disclosures & Consent, your hardware and software should allow you to access these electronic Materials.
To retain any of these electronic Materials, you may either print or download them. To print these Materials on your computer, you will need a printer connected to your computer with adequate paper. To download these Materials on your computer, you will need an available storage medium, like a hard drive on your computer or a removable thumb drive. To print these Materials on your mobile device, you will need a printer linked with your device (e.g., via Wi-Fi, Bluetooth®, etc.) and/or an application (app) that allows for printing. To store these Materials on your mobile device you will need (1) sufficient storage space on your mobile device and (2) an app or function that allows for the capture of electronic data (e.g., a screenshot). Please follow the instructions for your particular computer operating system and/or software to print and/or to download these Materials. Each individual screen may need to be printed and/or downloaded separately. If you have trouble printing and/or downloading, please contact the manufacturer of your personal computer or mobile device, computer operating system, web browser, app, or other relevant software or another information source of your choosing.
Effective June 15, 2020 to June 15, 2020
DownloadTable of Contents
Consent to receive, review, access, sign & authenticate certain documents, forms, letters, & other information electronically
Snag.Work LLC ("Snagajob") is a provider of on-demand workers to fill shifts as requested by employers.
You are agreeing to electronically access, receive, review, sign, and authenticate certain documents, forms, and/or letters ("Materials") covered by the federal U.S. Electronic Signatures in Global and National Commerce Act ("E-SIGN"), various U.S. state electronic transactions acts ("ETAs"), and/or the separate state laws of Illinois, New York, and Washington, including but not limited to the following Materials:
- Applications for employment
- Offer letter, Confidentiality Agreement, and Arbitration Agreement which are a condition of your employment with Snagajob; and/or
- Any other materials provided by Snagajob in order to facilitate your employment and the filling of shifts.
These E-Signature Disclosures & Consent apply to all Materials, both current and future, related to your employment with Snagajob.
You are agreeing that your electronic signature is the equivalent of your handwritten (or wet) signature, with all the same legal and binding effect. In certain cases throughout your use of this system, you may be asked to click buttons labeled "I Agree," "I Acknowledge," or using similar words, or otherwise electronically to acknowledge, accept, review, etc. Materials. These E-Signature Disclosures & Consent apply to those instances as well. You also understand that, in its sole discretion, Snagajob may mail, hand-deliver, communicate, or otherwise send you hard-copy Materials.
You may obtain a paper copy of any electronic Materials, including ones already or to be accessed, received, reviewed, and/or signed electronically from Snagajob by sending a written request to Snagajob at 4851 Lake Brook Drive, Glen Allen, Virginia 23060. You will be charged a reasonable fee to cover the costs of providing a paper copy.
You may withdraw your consent to receive, review, access, sign, and authenticate any additional electronic Materials at any time by canceling these E-Signature Disclosures & Consent. You may cancel these E-Signature Disclosures & Consent and withdraw your consent now by not completing this E-Signature Disclosures & Consent form and exiting the system. You may cancel these E-Signature Disclosures & Consent and withdraw your consent in the future by sending a written cancellation request to Snagajob at 4851 Lake Brook Drive, Glen Allen, Virginia 23060 or [email protected]. Any withdrawal of your consent will be effective after a reasonable period of time in order for Snagajob to process your withdrawal. Withdrawal of your consent will have no legal effect on the validity, effectiveness, or enforceability of (a) any authorization, consent, or e-signature provided by you prior to the effective date of your withdrawal or (b) any document, form, letter, etc. that was provided or made available to you in electronic format prior to the effective date of your withdrawal. Withdrawal of your consent (i.e., canceling these E-Signature Disclosures & Consent) will terminate your access to Snagajob's online system.
You must update Snagajob regarding the information necessary to contact you electronically (including your personal email address) by emailing [email protected]. Snagajob may electronically send Materials to your work or personal email addresses, in its discretion.
To access these electronic Materials, you must have (a) a personal computer or mobile device and an operating system capable of receiving, accessing, displaying, and either printing or storing information, (b) an Internet connection, and (c) Internet Browser Software such as Internet Explorer®, Google Chrome®, Safari®, or Firefox®. Your Internet Browser Software must support 128-bit encryption and Secure Sockets Layer (SSL) protocol. If you are able to see these E-Signature Disclosures & Consent, your hardware and software should allow you to access these electronic Materials.
To retain any of these electronic Materials, you may either print or download them. To print these Materials on your computer, you will need a printer connected to your computer with adequate paper. To download these Materials on your computer, you will need an available storage medium, like a hard drive on your computer or a removable thumb drive. To print these Materials on your mobile device, you will need a printer linked with your device (e.g., via Wi-Fi, Bluetooth®, etc.) and/or an application (app) that allows for printing. To store these Materials on your mobile device you will need (1) sufficient storage space on your mobile device and (2) an app or function that allows for the capture of electronic data (e.g., a screenshot). Please follow the instructions for your particular computer operating system and/or software to print and/or to download these Materials. Each individual screen may need to be printed and/or downloaded separately. If you have trouble printing and/or downloading, please contact the manufacturer of your personal computer or mobile device, computer operating system, web browser, app, or other relevant software or another information source of your choosing.
Snagajob Application Policy
Effective June 9, 2020
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Snagajob is committed to a policy of Equal Employment Opportunity and will not discriminate against an applicant or employee based on race, color, religion, creed, national origin or ancestry, ethnicity, sex (including pregnancy), sexual orientation, gender (including gender nonconformity and status as a transgender individual), marital status, presence of children, age, physical or mental disability, citizenship, past, current or prospective service in the uniformed services, genetic information, or any other characteristic protected under applicable federal, state or local law. The information collected by this application is solely to determine suitability for employment and verify identity.
IF EMPLOYED, ALL EMPLOYEES ARE AT-WILL EMPLOYEES, WHICH MEANS EITHER THEY OR THE COMPANY MAY TERMINATE EMPLOYMENT AT ANY TIME, WITH OR WITHOUT CAUSE AND WITH OR WITHOUT NOTICE.
Applicants with disabilities may be entitled to reasonable accommodation under the Americans with Disabilities Act (ADA) and certain state or local laws. A reasonable accommodation is a change in the way things are normally done which will ensure an equal employment opportunity without imposing undue hardship on Snagajob. Please inform the company’s hiring representative if you need assistance completing this application or to otherwise participate in the application process.
Your application will be active for 60 days. If you are not hired during that time, but wish to continue to be considered for employment, you must complete a new application.
Upon employment, employees of Snagajob may be encouraged to create and/or update their Worker profile with a picture of themselves. If offered employment, agreeing to create and/or update your worker profile will be a condition of employment.
Effective May 6, 2020 to June 9, 2020
DownloadTable of Contents
Snagajob is committed to a policy of Equal Employment Opportunity and will not discriminate against an applicant or employee based on race, color, religion, creed, national origin or ancestry, ethnicity, sex (including pregnancy), sexual orientation, gender (including gender nonconformity and status as a transgender individual), marital status, presence of children, age, physical or mental disability, citizenship, past, current or prospective service in the uniformed services, genetic information, or any other characteristic protected under applicable federal, state or local law. The information collected by this application is solely to determine suitability for employment and verify identity.
IF EMPLOYED, ALL EMPLOYEES ARE AT-WILL EMPLOYEES, WHICH MEANS EITHER THEY OR THE COMPANY MAY TERMINATE EMPLOYMENT AT ANY TIME, WITH OR WITHOUT CAUSE AND WITH OR WITHOUT NOTICE.
Applicants with disabilities may be entitled to reasonable accommodation under the Americans with Disabilities Act (ADA) and certain state or local laws. A reasonable accommodation is a change in the way things are normally done which will ensure an equal employment opportunity without imposing undue hardship on Snagajob. Please inform the company’s hiring representative if you need assistance completing this application or to otherwise participate in the application process.
Your application will be active for 60 days. If you are not hired during that time, but wish to continue to be considered for employment, you must complete a new application.
Upon employment, employees of Snagajob may be encouraged to create and/or update their Worker profile with a picture of themselves. If offered employment, agreeing to create and/or update your worker profile will be a condition of employment.
Effective May 6, 2020 to May 6, 2020
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Table of Contents
Effective May 5, 2020 to May 6, 2020
DownloadTable of Contents
Snagajob SMS/MMS Terms
Effective May 6, 2020
DownloadTable of Contents
Snagajob SMS/MMS Terms
Snagajob Info Alerts SMS/MMS/Text Program Terms & Conditions By participating in the Snagajob Info Alerts SMS/MMS/Text Program (the "Info Alerts Program" or "Program"), you agree to be bound by the terms and conditions set forth herein.
- Info Alerts Program Content: Snagajob and its representatives will send SMS and/or MMS messages to you when employers find your profile and request that you apply for a position. We may also send SMS and MMS messages to inform you of interview opportunities and job openings as well as to inform you of events, polls, giveaways, downloads, offers and information alerts from Snagajob.
- Message Frequency: Info Alerts Program participants will receive a variable number of messages per week depending in part on how many employers find and express interest in a participant's profile. Snagajob will occasionally offer the option to opt-in to additional mobile messages for specific promotions for a specified amount of time.
- Authorized Participation: By enrolling in the Info Alerts Program, you certify that you are authorized: (a) to enroll the designated mobile phone number in the Program, (b) to incur any mobile message or data charges that may be incurred by participating in the Program, and (c) expressly consent to be contacted by or on behalf of Snagajob and prospective employers via SMS and MMS messages delivered using an automatic telephone dialing system or other technology even if your telephone number is listed on federal, state, provincial or other applicable "Do Not Call" lists in order to receive the Program Content described above.
- Location Information: You agree that Snagajob may use location information (such as GPS data) from your mobile device when you are near a Snagajob job posting and send you additional SMS and/or MMS messages based upon your location.
- To Stop Messages or Opt Out: To stop receiving Snagajob Info Alerts Program messages, reply STOP to the SMS or MMS message sent by Snagajob or contact the Snagajob Customer Support team at 866-277-1995. If opting-out via a STOP reply message, you consent to receive a text message confirming your opt-out request. You agree to allow up to five business days to process your request. If you opt-out of the Info Alerts Program, you will continue to receive MMS messages through any other Snagajob SMS or MMS program to which you have separately subscribed until you separately unsubscribe from those programs. You may also contact our Customer Support team at 866-277-1995 to request to be unsubscribed from all Snagajob SMS/MMS programs you have joined. You acknowledge that our Program SMS/MMS platform may not recognize and respond to Program opt-out requests that do not include the STOP keyword command and you agree that Snagajob and its representatives will have no liability to you for for failing to honor such requests. If you attempt to stop receiving Snagajob Info Alerts Program messages via a STOP reply message and you do not promptly receive a text message confirming your opt-out request, you agree to contact our Customer Support team at 866-277-1995 to confirm your request.
- For Help: Text HELP to 242424 for help. Participants may also email Snagajob Customer Support [email protected], call 866-227-1995 or visit www.snagajob.com/contact for help or for questions about the Info Alerts Program.
- Cost to Participate: Message and Data Rates may apply. Check your mobile plan for details. Snagajob is not responsible for any messaging or data charges incurred by Program participants.
- Carriers Supported: The Program may not be available through all carriers or supported by all devices. If your device does not support MMS alerts then you will receive an SMS alert.
- SMS Supported Carriers: T-Mobile(R), AT&T, Verizon, Sprint, U.S. Cellular, Boost Mobile, Cricket, Virgin Mobile, Iowa Wireless, Metro PCS, ACS Wireless, West Central Cellular, Telos, Bluegrass, Plateau Wireless, AWCC, Cincinnati Bell, Cellular South, Carolina West Wireless, Immix Wireless/Keystone Wireless, Golden State Cellular, Cellcom, ECIT, GCI/Alaska Digitel, Inland Cellular, Illinois Valley, Nex-Tech, Chat Mobility, NW Missouri Cellular, NE Cellular One of PA, Element Wireless, MTPCS, Thumb Cellular, VI aero Wireless
- MMS Supported Carriers: AT&T, Cricket, T-Mobile(R), Sprint, Verizon Wireless, U.S. Cellular
Snagajob Shifts SMS/MMS Terms
Effective July 1, 2021
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Snagajob Shifts SMS/MMS Terms
Snagajob Shift Alerts SMS/MMS/Text Program Terms & Conditions
By participating in the Snagajob Shift Alerts SMS/MMS/Text Program (the “Shift Alerts Program” or “Program”), you agree to be bound by the terms and conditions set forth herein.
- Shift Alerts Program Content: Snagajob will send SMS and/or MMS messages to inform you of work opportunities in your area or updates as they relate to shifts you have claimed or requested. We may also send you updates in regards to shift status, product updates or your account.
- Message Frequency: Shift Alerts Program participants will receive 3 messages per shift depending in part on how many shifts are requested, claimed or updated or if any changes have been made on your account. Text “HELP” for help. Text “STOP” to cancel.
- Authorized Participation: By enrolling in the Shift Alerts Program, you certify that you are authorized: (a) to enroll the designated mobile phone number in the Program, (b) to incur any mobile message or data charges that may be incurred by participating in the Program, and (c) expressly consent to be contacted by Snagajob via SMS and MMS messages even if your telephone number is listed on federal, state, provincial or other applicable “Do Not Call” lists in order to receive the Program Content described above.
- To Stop Messages or Opt Out: To stop receiving Snagajob Shift Alerts Program messages, reply STOP to 78395 or contact the Snagajob Customer Support team at 855-317-9649. If opting-out via a STOP reply message, you consent to receive a text message confirming your opt-out request. You agree to allow up to five business days to process your request. If you opt-out of the Shift Alerts Program, you will continue to receive MMS messages through any other Snagajob SMS or MMS program to which you have separately subscribed until you separately unsubscribe from those programs. You may also contact our Customer Support team at 855-317-9649 or [email protected] to request to be unsubscribed from all Snagajob SMS/MMS programs you have joined. You acknowledge that our Program SMS/MMS platform may not recognize and respond to Program opt-out requests that do not include the STOP keyword command and you agree that Snagajob and its representatives will have no liability to you for failing to honor such requests. If you attempt to stop receiving Snagajob Shift Alerts via a STOP reply message to 78395 and you do not promptly receive a text message confirming your opt-out request, you agree to contact our Customer Support team at 855-317-9649 to confirm your request.
- If you want to join again, just sign up as you did the first time and we will start sending messages to you again.
- To receive Help, reply HELP to 78395 or contact the Snagajob Customer Support team at 855-317-9649. Participants may also email Snagajob Customer Support [email protected] or visit https://www.snagajob.com/shifts/contact-us/ for help or for questions about the Shift Alerts Program.
- Cost to Participate: Message and Data Rates may apply. Check your mobile plan for details. Snagajob is not responsible for any messaging or data charges incurred by Program participants.
- Carriers Supported: The Program may not be available through all carriers or supported by all devices. If your device does not support MMS alerts then you will receive an SMS alert.
- Participating carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
- T-Mobile is not liable for delayed or undelivered messages.
- For all questions about the services provided by this short code, you can send an email to [email protected].
- If you have any questions regarding privacy, please read our privacy policy.
Effective May 6, 2020 to July 1, 2021
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Snagajob Shifts SMS/MMS Terms
Snagajob Shift Alerts SMS/MMS/Text Program Terms & Conditions
By participating in the Snagajob Shift Alerts SMS/MMS/Text Program (the “Shift Alerts Program” or “Program”), you agree to be bound by the terms and conditions set forth herein.
- Shift Alerts Program Content: Snagajob will send SMS and/or MMS messages to inform you of work opportunities in your area or updates as they relate to shifts you have claimed or requested. We may also send you updates in regards to shift status, product updates or your account.
- Message Frequency: Shift Alerts Program participants will receive 3 messages per shift depending in part on how many shifts are requested, claimed or updated or if any changes have been made on your account. Text “HELP” for help. Text “STOP” to cancel.
- Authorized Participation: By enrolling in the Shift Alerts Program, you certify that you are authorized: (a) to enroll the designated mobile phone number in the Program, (b) to incur any mobile message or data charges that may be incurred by participating in the Program, and (c) expressly consent to be contacted by Snagajob via SMS and MMS messages even if your telephone number is listed on federal, state, provincial or other applicable “Do Not Call” lists in order to receive the Program Content described above.
- To Stop Messages or Opt Out: To stop receiving Snagajob Shift Alerts Program messages, reply STOP to 78395 or contact the Snagajob Customer Support team at 866-277-1995. If opting-out via a STOP reply message, you consent to receive a text message confirming your opt-out request. You agree to allow up to five business days to process your request. If you opt-out of the Shift Alerts Program, you will continue to receive MMS messages through any other Snagajob SMS or MMS program to which you have separately subscribed until you separately unsubscribe from those programs. You may also contact our Customer Support team at 866-277-1995 or [email protected] to request to be unsubscribed from all Snagajob SMS/MMS programs you have joined. You acknowledge that our Program SMS/MMS platform may not recognize and respond to Program opt-out requests that do not include the STOP keyword command and you agree that Snagajob and its representatives will have no liability to you for failing to honor such requests. If you attempt to stop receiving Snagajob Shift Alerts via a STOP reply message to 78395 and you do not promptly receive a text message confirming your opt-out request, you agree to contact our Customer Support team at 866-277-1995 to confirm your request.
- If you want to join again, just sign up as you did the first time and we will start sending messages to you again.
- To receive Help, reply HELP to 78395 or contact the Snagajob Customer Support team at 866-277-1995. Participants may also email Snagajob Customer Support [email protected] or visit https://www.snagajob.com/shifts/contact-us/ for help or for questions about the Shift Alerts Program.
- Cost to Participate: Message and Data Rates may apply. Check your mobile plan for details. Snagajob is not responsible for any messaging or data charges incurred by Program participants.
- Carriers Supported: The Program may not be available through all carriers or supported by all devices. If your device does not support MMS alerts then you will receive an SMS alert.
- Participating carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
- T-Mobile is not liable for delayed or undelivered messages.
- For all questions about the services provided by this short code, you can send an email to [email protected].
- If you have any questions regarding privacy, please read our privacy policy.
Non-Disclosure Agreement
Effective July 1, 2021
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- Confidential Information.
"Confidential Information" means information relating to Snagajob's or its customers' business or technology which is disclosed to You, whether written or oral, and in any form, of a technical or nontechnical nature, including, without limitation, research and development, manuals, reports, trade secrets, methodologies, strategic or business plans, proprietary information, techniques and processes, related to the current, future and proposed products and services of Snagajob and/or its customers, processes, prices, sales and marketing plans, pricing information, customer lists and other customer information, financial information and employee files or other employee information, and any other information that by its nature reasonably should be considered confidential and/or proprietary. - Limited Use of Confidential Information.
- Subject to the exceptions in Paragraph 5, You agree to use the Confidential Information received hereunder solely for the purpose of performance of services for Snagajob and its customers (the "Purpose"). You agree to use the Confidential Information only to the extent necessary to achieve the Purpose.
- Upon the written request of Snagajob before, upon or after completion of the Purpose, You shall promptly return all copies of the Confidential Information, in whatever form or media, to Snagajob or, at the direction of Snagajob, destroy the same. You shall certify in writing to Snagajob such return or destruction within ten (10) days thereafter.
- Ownership of Confidential Information; Right to Disclose Confidential Information.
All Confidential Information is, and shall remain, the property of Snagajob or Snagajob's customer. Nothing herein shall be construed as granting or conferring any rights by license or otherwise in the Confidential Information except as expressly provided herein. You acquire hereunder only a limited right to use the Confidential Information solely for the Purpose, subject to the terms and conditions of this Agreement. - Obligation of Confidentiality.
You agree that You shall use not less than reasonable care and means, to prevent the unauthorized use or the disclosure of the Confidential Information to third parties. You may not alter, decompile, disassemble, reverse engineer, or otherwise modify any Confidential Information received hereunder and the mingling of the Confidential Information with your information shall not affect the confidential nature or ownership of the same as stated hereunder. - Exceptions to Obligation of Confidentiality.
This Agreement shall impose no obligation of confidentiality upon You with respect to any portion of the Confidential Information received hereunder which is: (i) now or hereafter, through no unauthorized act or failure to act on receiving party's part, publicly available, (ii) known to You without an obligation of confidentiality at the time You receive the same from Snagajob, as evidenced by written records; (iii) hereafter furnished to You by a third Party as a matter of right and without restriction on disclosure; or (iv) independently developed by You without use of the Confidential Information as evidenced by written records. Nothing in this Agreement shall prevent You from disclosing Confidential Information to the extent You are legally compelled to do so by any governmental, investigative or judicial agency or court; provided, however, that prior to any such disclosure, You shall (a) assert the confidential nature of the Confidential Information to the agency or court; (b) notify Snagajob in writing of the order or request to disclose as soon as reasonably practicable (so long as doing so is not prohibited by law); and (c) cooperate fully with Snagajob, in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of the compelled disclosure and protecting its confidentiality. Further, nothing in this Agreement prevents You from disclosing Confidential Information if necessary, for making a good faith report to a federal, state or local government agency of a potential violation of law or regulation. You may make such disclosures without providing notice, advance or otherwise, to Snagajob. - No Warranty.
Snagajob makes no warranty, express or implied, as to any Confidential Information that it may provide hereunder, including without limitation as to the accuracy of the Confidential Information, as to whether any new products will be produced as disclosed, or as to the availability of product(s) on any specific date. - Severability; Waiver.
If any part of this Agreement is held by a court of competent jurisdiction to be illegal or contrary to public policy or otherwise unenforceable, such invalid or unenforceable part shall be deemed modified or eliminated to the extent which, in the court's opinion, is necessary to make the remaining part(s) enforceable. The waiver by a party of any right hereunder will not be considered a waiver thereof unless expressly waived in a writing signed by the waiving party. No single waiver will be considered a continuing or subsequent waiver. - Equitable Remedies; Attorney's Fees.
Snagajob and You agree that it may be impossible to assess the damages caused by your violation of this Agreement or any of its terms. You agrees that any threatened or actual violation of this Agreement or any of its terms will constitute immediate and irreparable injury to Snagajob and Snagajob shall have the right to enforce this Agreement and any of its provisions by injunction, specific performance or other equitable relief, without bond and without prejudice to any other rights and remedies that Snagajob may have for a breach or threatened breach of this Agreement. You agree that if Snagajob is successful in whole or in part in any legal or equitable action against You for breach or threatened breach of this Agreement, Snagajob shall be entitled to payment of all of its costs, including reasonable attorney's fees, from You. - Miscellaneous.
This Agreement is intended as the complete and exclusive agreement as to the protection of the Confidential Information and supersedes all prior proposals, discussions, agreements, or commitments, whether oral or written, between the parties regarding such subject matter. This Agreement may only be modified in writing by authorized representatives of the parties. This Agreement shall be construed in accordance with, and all disputes hereunder shall be governed by, the laws of the Commonwealth of Virginia but without giving effect to the conflict of laws rules thereunder. This Agreement represents the entire understanding of Snagajob and You with respect to the subject matter of the Agreement. It cannot be changed or modified except in a writing signed by both parties. - Term.
This Agreement shall terminate three (3) years after the termination of your employment with Snagajob.
Arbitration Agreement
Effective July 1, 2021
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- If a wage or employment classification dispute of any kind ("Dispute") arises related to the services you provide to Snagajob or to clients of Snagajob, any terms, conditions or other matters related in any way to your relationship with Snagajob (or its successors) or its clients to which you provide services (or their successors), or the termination of your relationship with Snagajob, both You and Snagajob (and its successors, predecessors, benefit plans, directors, officers, employees, supervisors and agents) agree to submit the Dispute exclusively to binding arbitration, including, but not limited to, Disputes arising under statutory law (including, but not limited to any laws related to employment misclassification, wage payment, wage statements, minimum wage, overtime, meal and rest breaks, or any other wage and hour laws), and any other local, state or federal laws, excepting only claims which may not, by law, be arbitrated (collectively, "Claims"). This agreement to arbitrate shall apply to any and all Claims, whether asserted by You against the Company and/or any other entity, including but not limited to any Company client.
- Both You and the Company acknowledge that both parties are relinquishing their right to a jury trial in civil court. By signing this Agreement, the parties agree that arbitration is the exclusive remedy for all disputes related to the matters discussed in Paragraph 1 of this Agreement.
- The arbitration shall be held before a single arbitrator licensed to practice law and experienced in employment law, and administered by JAMS (or any successor) pursuant to its Employment Arbitration Rules & Procedures and subject to JAMS Policy on Employment Arbitration Minimum Standards of Procedural Fairness, except as provided otherwise in this Agreement. Such arbitration shall take place in the county in which You primarily provide(d) services to the Company or its clients. In any arbitration, the burden of proof shall be allocated as provided by applicable law. Either party may bring an action in court to compel arbitration under this Agreement and to enforce an arbitration award. Discovery (e.g., depositions, interrogatories, document requests, etc.) shall be available to the Company and You as though the dispute were pending in the state or local court where You primarily provide(d) services to the Company or its clients. The arbitrator shall have the ability to rule on pre-hearing motions, as though the matter were pending in the state court where You primarily provide(d) services to the Company or its clients, including the ability to rule on a motion for summary judgment or other dispositive motion. The arbitrator's authority shall extend to determinations regarding the scope or applicability of this agreement to arbitrate. Any party's right to appeal or to seek modification of rulings by the arbitrator is strictly limited by state law and the Federal Arbitration Act.
- This Agreement shall not apply to claims for unemployment insurance, workers' compensation, claims under an employee benefit plan, the terms of which contain its own arbitration or claims review procedure, or claims which parties are legally prohibited from submitting to arbitration, to the extent You are entitled to bring any such claims.
- Nothing in this Agreement restricts You from exercising statutory rights to seek assistance through resort to federal or state enforcement agencies. However, if an agency issues a right to sue notice, binding arbitration will be the sole remedy to the extent permitted by law. Should either party institute any legal action or administrative proceeding with respect to any claim waived by this Agreement or pursue any dispute or matter covered by this Agreement by any method other than the arbitration described herein, the responding party shall be entitled to recover from the other party all damages, costs, expenses and attorneys' fees incurred as a result of such action, including any appeal.
- Claims must be brought by either You or the Company in Your or its individual capacity, not as plaintiffs or class members in any purported class, collective or representative proceeding or as a private attorney general, and the arbitrator shall not have the power to hear the arbitration as a class, collective or representative action. To the extent permitted by law, both You and the Company waive the right to bring, maintain, participate in, or receive money from any class, collective or representative proceeding. In the event that an arbitrator or court determines a claim must be permitted to be brought as a class or in a collective action, then this agreement to arbitrate is null and void with respect to the claim(s) permitted to be brought as a class or collection action, except for the waiver of jury trial found in this Agreement, and such class or collective action must be brought in the appropriate court system and not in arbitration.
- The fees of the arbitrator and any other fees for the administration of the arbitration that would not normally be incurred if the action were brought in a court of law shall be paid by the Company. However, You shall be required to pay the amount of those fees equal to that which You would have been required to pay to file a lawsuit in the state court of your residence. The arbitrator must provide a written decision, which is subject to limited judicial review consistent with applicable law.
- Except as otherwise prohibited by law, and except as necessary to seek entry of judgment (which is required to be done under seal, unless prohibited by the court) upon an award as required by law, all arbitration proceedings pursuant to or in connection with this Agreement (including, but not limited to, any and all filings, discovery, hearings, reports, disclosures, exhibit lists, witness lists, exhibits, transcripts, decisions, opinions and awards, and their contents) shall be kept strictly confidential and not disclosed to third parties. In addition, all confidential or sensitive information, to the extent necessary to be disclosed to the arbitrator or exchanged between the Parties in connection with the prosecution or defense of a claim or counter-claim or cross-claim, shall be disclosed only to the most limited extent necessary and if disclosed, shall be disclosed only after the Parties and the arbitrator have entered into an agreement further protecting such information from disclosure to the public or third parties and taken any additional measures to guard and preserve the confidential nature of the information. Further, any disputes concerning confidentiality that cannot be resolved will be submitted to the arbitrator prior to making any disclosures. This provision shall not exempt from discovery in any other or future action any evidence otherwise discoverable merely because it is presented in, referred to, discussed in the course of, or in connection with proceedings pursuant to this Agreement. Nothing in this Agreement waives or limits either Party's right to provide truthful information to or communicate in good faith with a federal, state or local regulatory or law enforcement agency, or to prevent either Party from taking reasonable steps to investigate or obtain discovery related to any Dispute or Claim.
- This Agreement is not and shall not be construed to create any contract of employment, express or implied, or otherwise alter the terms of your engagement with Snagajob.
- This Agreement is governed by the Federal Arbitration Act ("FAA") to the maximum extent permitted by applicable law. Either Party may bring an action in any court of competent jurisdiction pursuant to the FAA to compel arbitration under this Agreement and to confirm, correct, vacate or otherwise enforce an arbitration award. For purposes not addressed by the FAA, this Agreement shall be governed by and shall be interpreted in accordance with the laws of the Commonwealth of Virginia, without regard to conflict of law principles.
- In addition to any other consideration to which You are not otherwise entitled, including Your engagement with the Company and receipt of the compensation and other benefits paid to You by Snagajob, each Party's mutual promise to resolve disputes by arbitration in accordance with the provisions of this Agreement, rather than through the courts or other bodies, is consideration for the other Party's like promise. The Parties agree that the consideration set forth in this Paragraph is wholly adequate to support this Agreement.
- This Agreement reflects the complete agreement between You and Snagajob on the subject matter of this Agreement. Neither You nor Snagajob should rely or are relying on anything outside of this Agreement regarding its effect, enforceability, or its meaning, except as specifically set forth in this Agreement. If any provision of this Agreement, or a portion thereof, is determined to be void or otherwise unenforceable, in whole or in part, the provision or portion thereof shall be severed and all other provisions not determined to be unenforceable will still remain in full force and effect. The agreement to arbitrate any Claim under this Agreement will survive the termination of your relationship with Snagajob. This Agreement cannot be modified or revoked except by an express writing signed by You and an authorized officer of Snagajob.
Food Employee Reporting Agreement
Effective July 1, 2021
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- Diarrhea
- Vomiting
- Jaundice
- Sore throat with fever
- Infected cuts or wounds, or lesions containing pus on the hand, wrist, an exposed body part, or other body part and the cuts, wounds, or lesions are not properly covered (such as boils and infected wounds, however small)
- Exposure to or suspicion of causing any confirmed disease outbreak of Norovirus, typhoid fever, shigellosis, E. coli O157:H7 or other STEC infection, or hepatitis A.
- A household member diagnosed with Norovirus, typhoid fever, shigellosis, illness due to STEC, or hepatitis A.
- A household member attending or working in a setting experiencing a confirmed disease outbreak of Norovirus, typhoid fever, shigellosis, E. coli O157:H7 or other STEC infection, or hepatitis A.
- Reporting requirements specified above involving symptoms, diagnoses, and exposure specified
- Work restrictions or exclusions that are imposed upon me
- Good hygienic practices.
