JOBFIT INC. TERMS OF SERVICE

For Members

In order to use JobFit Inc.’s (“JobFit”) job posting and recruitment platform to find and apply for jobs, you must agree to these Terms of Service for Members (“Terms”). By signing below, you agree that you have read, understand, and agree to these Terms. If you do not agree to these Terms or the Privacy Policy, do not access or use the Platform or any JobFit services, but please get in touch with us so we can try to help**.**

Acceptance of the Terms

These Terms of Service are entered into between you and JobFit, and they, along with JobFit’s Privacy Policy that you must also accept, govern your use of the JobFit online job posting and recruitment platform (“Platform”). These Terms will remain in full force and effect while you use the Platform.

Age Requirement

The Platform is intended only for access and use by individuals at least eighteen (18) years old. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Platform.

Accessing the Platform

To use the Platform and its resources for Members, you must provide certain registration details to create an account. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to or on the Platform is governed by the Platform Privacy Policy available here.

Beta Version

If you have agreed to be a “beta” user of the Platform, you are being given access to an early version of the Platform (“Beta Version”), in exchange for your feedback on the Beta Version. You understand and agree that upon signing these Terms you are using the Beta Version, and you will be using the Beta Version until JobFit notifies you in writing that it is revoking your access to the Beta Version and converting your usage to the standard version of the Platform. These entire Terms of Service apply during your use of the Platform, whether it is the Beta Version or standard version of the Platform, and this section “Beta Version” will survive even after you stop using the Beta Version.

While you use the Beta Version, you will receive early access to the Platform in exchange for your agreement to the following:

• You will actively use and evaluate the Beta Version in your role as a Member, including by viewing Job Postings and applying for jobs, if you find any jobs that are of interest to you.
• You will use reasonable efforts to notify JobFit of any and all functional flaws, errors, anomalies, and problems directly or indirectly associated with the Beta Version discovered by you.
• You understand and agree that JobFit may monitor and observe your use of the Beta Version.
• You understand that JobFit is using the Beta Version to improve the Platform, and therefore you will not publicly make or publish any negative or derogatory information about the Beta Version.
• You will respond to all online surveys, emails, or other requests for information about your experience with the Beta Version by the deadlines set by JobFit.
• You will participate in at least two video or phone calls with JobFit to discuss your experiences with the Beta Version at JobFit’s request.
• Your responses to JobFit’s requests for information will be truthful and complete.
• All feedback, ideas, modifications, suggestions, improvements, and the like made by you with respect to the Beta Version (“Feedback”) will be the property of JobFit, and you hereby assign all right, title, and interest in and to the Feedback and all related intellectual property rights to JobFit.

You agree to the following regarding confidentiality:

• The Beta Version, including all content, information, materials, functionalities, designs, users, and anything else available therein, plus any information or materials related to the Beta Version and provided by JobFit to you, constitutes the confidential and proprietary information of JobFit (“Confidential Information”).
• You will hold in confidence JobFit’s Confidential Information and not disclose it except as specifically directed or consented to by JobFit.
• You will not use JobFit’s Confidential Information for any reason other than as specifically directed by JobFit to test the Beta Version and provide Feedback to JobFit.
• You will treat JobFit’s Confidential Information with the same degree of care that you use to protect your own confidential information, but in no event with less than a reasonable degree of care.
• You will not use for your own benefit or disclose to, or use for the benefit of, any other person or entity JobFit’s Confidential Information without JobFit’s prior written consent.
• You will not reverse engineer, disassemble, or decompile any of JobFit’s Confidential Information.

For avoidance of doubt, JobFit hereby consents to you using the Platform for its intended uses by Members, namely to view Job Postings and apply to jobs that interest you, and as further set forth below under “Use of Platform”.

Use of Platform

The Platform provides a space for Community Builders to post jobs that are sent to them by Employers and Members like you to view and apply for the jobs through an elaborative blind audition process. As a Member, you can use the Platform in three main ways:

A. Personalize Your Platform Profile

You can personalize your Platform profile to include information about you, your employment history, your skills and qualifications, and other information. Information on your Platform profile may be publicly available. You are solely responsible for any information you post on your profile, and warrant that anything you post on your profile is accurate and you have all necessary rights to post it on your profile. JobFit reserves the right to remove or revise any information posted on your profile that it believes violates these Terms or is inappropriate, offensive, hateful, fraudulent, or misleading, at JobFit’s sole discretion. We do not charge Members to personalize their Platform profile page.

B. View Job Postings

Once you have a Platform profile, you can become a member of communities on the Platform by joining or following pages posted by Community Builders. These Community Builders can work with Employers to post open jobs (“Job Postings”) on their Job Boards, and then you can view the Job Board and Job Postings.

Community Builders are entirely responsible for their own Job Boards, including which Job Postings are posted on their Job Boards and how and with whom they share their Job Boards. If you have any questions regarding a specific Job Board or Job Posting, direct these questions to the Community Builder, as JobFit does not have control over these matters; JobFit’s role is solely to host the Platform and support the Platform as described in these Terms. Therefore, while JobFit may be a resource if any questions arise, the Community Builders are the main contact person for their Members and the Employers that post on their Job Boards, and Platform users are solely responsible for resolving disputes or issues among themselves.

If you have are having any issues with another Platform user, please contact JobFit at hello@getjobfit.com and we will endeavor to help you find a solution.

C. Submit an Application for a Job Posting

If you view a Job Posting on the Platform for which you are interested in applying, you must submit your application materials through the Platform. Employers will conduct all application collection and review, interviewing, hiring, and other interactions and communications with Member applicants through the Platform.

You are solely responsible for vetting and otherwise verifying all information posted by Employers and Community Builders on the Platform, as JobFit does not perform any of these activities on Community Builders, Employers, Job Boards, or Job Postings. JobFit does not make any representations, warranties, or guarantees about the suitability or otherwise of a Job Posting or Employer, and your decision to apply for, accept, or work at a job found on the Platform are at your own risk.

Fees

JobFit reserves the right to modify its fee structure at any time and without advanced notice, and you agree to pay all fees owed to JobFit that may apply to your usage of the Platform. Your use of the Platform after JobFit notifies you of any fees, or any changes thereto, constitutes your agreement to pay these fees.

User Contributions

The Platform may contain bulletin boards, chat functionalities, personal profiles or pages, forums, and other interactive features that allow you to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Platform. For avoidance of doubt, your “User Contributions” covered by this section include, but are not limited to, content that you send to Community Builders through the Platform and to Employers during the application and hiring process through the Platform.

Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. By posting any User Contribution on the Platform, you grant JobFit and its affiliates and service providers, and each of their respective licensees, successors, and assigns, a worldwide, perpetual, irrevocable, transferrable, sublicensable, royalty-free license to sublicense, use, reproduce, copy, modify, create derivative works of, publicly perform, publicly display, distribute, and otherwise disclose to third parties and/or exploit in any manner any such User Contribution for any purpose. However, notwithstanding the foregoing, any personal identifying information (“PII”) that you submit to the Platform will only be used or shared as set forth in JobFit’s Privacy Policy here, even if such PII is in a User Contribution.

You represent and warrant that:

• You own or control all rights in and to your User Contributions and have the right to grant the license granted above.
• All of your User Contributions do and will comply with these Terms.
• Neither the User Contributions nor your submission, uploading, publishing, or otherwise making available of such User Contributions, nor JobFit’s use of the User Contributions as permitted herein, will infringe, misappropriate, or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not JobFit, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Changes to the Platform

• JobFit may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and JobFit is under no obligation to update such material.
• JobFit has the right to remove any content, including any User Contributions or Job Posting, from the Platform at any time, for any or no reason, in its sole discretion. JobFit will not be liable to you or any other party for removing any content from the Platform.
• JobFit reserves the right to withdraw or amend the Platform, and any service or material JobFit provides on the Platform, in its sole discretion without notice. JobFit will not be liable if for any reason all or any part of the Platform is unavailable or inaccessible at any time or for any period.
• However, JobFit does not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, JobFit assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

Revoking Access

JobFit may terminate your account at any time and for any reason. If you wish to terminate your account, you may discontinue using the Platform and/or cancel your account. All provisions of the Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Intellectual Property Rights

JobFit hereby grants you a non-exclusive, non-transferable right and license to use the Platform for your personal, non-commercial use only, in accordance with these Terms. You are not permitted to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform outside of the Platform, except as it is created and owned by you.

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by JobFit, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted herein are reserved by JobFit.

Usage Information and Feedback

JobFit shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Platform and related systems and technologies, and JobFit shall own all such data and information and be free to (i) use such information and data to improve and enhance the Platform and for other development, diagnostic, and corrective purposes in connection with the Platform and other JobFit offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.

In the event that you provide JobFit any Feedback related to Platform, you agree JobFit may use the Feedback to improve and/or promote the Platform, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that JobFit has your name, likeness, or voice, this will be part of the Feedback and you agree that JobFit may use your name, likeness and voice in the same manner that JobFit can use other Feedback.

Trademarks

The JobFit name and logo, and all related names, logos, product and service names, designs, and slogans, are the property of JobFit or its affiliates or licensors. You must not use such marks without the prior written permission of JobFit. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:

• To transmit inappropriate, offensive, threatening, or any other communications to a Community Builder, an Employer, another Member, or any other user.
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate JobFit, a JobFit employee, another user, or any other person or entity.
• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by JobFit, may harm or offend JobFit or users of the Platform or expose them to liability.

Reliance on Information Posted

JobFit does not warrant the accuracy, completeness, or usefulness of any information on the Platform, including any information posted or submitted by Community Builders or Employers. Any reliance you place on such information is strictly at your own risk. JobFit disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

Links from the Platform

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. JobFit has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Users Outside the U.S.

The Platform is controlled and operated from the United States and is subject to its laws. If you choose to access the Platform outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations.

Disclaimer of Warranties

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES, JOBS, OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES, JOBS, OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER JOBFIT NOR ANY PERSON ASSOCIATED WITH JOBFIT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER JOBFIT NOR ANYONE ASSOCIATED WITH JOBFIT REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES, JOBS, OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES, JOBS, OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

JOBFIT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless JobFit, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms, your application for or acceptance of any job, your employment with or termination from any Employer, or your use of any information obtained from the Platform.

Changes to the Terms of Use

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Governing Law

All matters relating to the Platform and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provisions or rules.

Arbitration

Any disputes arising from the use of these Terms or the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, must be submitted to final and binding arbitration in San Francisco County under the Rules of Arbitration of the American Arbitration Association applying California law.

Waiver

No waiver by JobFit of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of JobFit to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

These Terms and JobFit’s Privacy Policy constitute the sole and entire agreement between you and JobFit with respect to the Platform, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.