TABLE OF CONTENTS
You may use the Service only if you are at least eighteen (18) years of age and can form a binding contract with Awesome Workforce, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Awesome Workforce, unless we provide such Users with specific written authorization to re-use the Service. You must not be a competitor of Awesome Workforce or use our Service for reasons that are in competition with Awesome Workforce or otherwise to replicate some or all of the Service for any reason.
Please note: any documents or information available via the Awesome Workforce HR Service are not intended for use outside the United States of America.
The Site is not directed to individuals under the age of fourteen (14), but if you are under the age of 18 or the age of majority in your jurisdiction, you must use Awesome Workforce under the supervision of a parent or legal guardian, or responsible adult.
The Service may allow Users to post content that may be viewable by other Users, including job and company information, job postings, application information, and other content or information ("User Content").
(i)may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or to any other person.
(ii)may create a risk of any other loss or damage to any person or property
(iii)seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise.
(iv)may constitute or contribute to a crime or tort
(v)contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people.
(vi)contains any information or content that you know is not correct and current.
You agree that any User Content that you submit or post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy.
Awesome Workforce takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it. You agree that Awesome Workforce is only acting as a passive conduit for the online distribution and publication of your User Content, and has no obligation to screen job postings, or any other type of content or information.
However, Awesome Workforce may review and not display on, or remove any content from, the Service that violates this Agreement or any other agreement you have with Awesome Workforce, or violates applicable laws, rules or regulations, or is abusive, disruptive, offensive, illegal, or harms or threatens the safety of, Awesome Workforce users or members, or was purchased by fraudulent credit cards.
You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that Awesome Workforce shall not be liable for any damages you allege to incur as a result of User Content.
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the, "Awesome Workforce Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Awesome Workforce and its licensors.
You agree that any feedback, comments, or suggestions you may provide regarding Awesome Workforce or the Service are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
If you elect to use paid features of the Service, you agree to the pricing and payment terms for the applicable Service, as we may update them from time to time. Awesome Workforce may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. We may also provide certain services via our third-party partners and you agree, that your use of such third-party services is subject to the contractual (including payment) terms presented by such third parties should you wish to use their services. You further agree that Awesome Workforce has no responsibility for such third-party services and your use of such services is entirely at your own risk.
You may cancel your User account at any time; however, there are no refunds for cancellation. In the event that Awesome Workforce suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
All information that you provide in connection with a purchase or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes relating to such purchases or other monetary transaction interactions.
If at any time Awesome Workforce is required by a taxing authority to pay any taxes not previously collected from you, you will promptly submit such taxes (including applicable penalties and interest, if any) to Awesome Workforce upon written notice.
As a Job Seeker, you can
(i)use the Service to search for jobs.
(ii)apply for jobs that are listed on the Service.
(iii)receive job alert emails.
(iv)upload your resume to the Resume Database.
You have the ability to choose how to submit your Job Application through the Service using the options offered through the Service.
If you elect to apply through a third-party account such as a Gmail.com or Facebook.com account, you will be asked to log-in to the applicable account, and the profile, resume and other information that you have provided as part of any of those accounts will then be sent to the Employer that posted the applicable job. You can also submit a Job Application through your mobile device (Android or IOS App)
Please note that once you have submitted a Job Application your resume and other applicable information will be shared with the Employer that posted the Job Listing. You should therefore ensure that the information you provide is complete and accurate, and only contains information you are comfortable sharing with Employers. The Employer will also be able to see your resume in the form in which you originally submitted it to Awesome Workforce.
Employers who have access to the Resume Database will be able to access and view your resume and the contact information you provide on your resume. For purposes of this Agreement, references to "resume" shall also mean, a curriculum vitae and other similar written overviews of a person's experience and other qualifications that are uploaded to the Resume Database.
You are solely responsible for your interactions with Employers that you contact, or that contact you. Please note that there are risks, including but not limited to the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretences. You should therefore use caution with regard to the information you elect to share as part of your User Profile or Resume that you provide through the Service. Only list the contact information that you are comfortable disclosing to Employers and other Users of the Service.
Although Awesome Workforce requests that Employers maintain the confidentiality of the Job Applications and resumes they receive through the Service, Awesome Workforce cannot and does not guarantee that the information you provide to Employers through the Service as part of a Job Application, onboarding process, employee or benefits management process, or via a resume, will be held in confidence or properly secured by each applicable Employer.
In addition, Awesome Workforce takes no responsibility and assumes no liability for any Job Listing, onboarding or other employee-related documents, human resources information, or insurance information that any Employer posts, sends or provides via the Service. You agree that Awesome Workforce is not responsible or liable for the conduct of any Employer.
If you are an Employer, you agree that you will not use the Service to post or promote any position that:
-contains inaccurate, false, or misleading information
-includes any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job.
-involves any franchise, pyramid scheme, "club membership", distributorship, or multi-level marketing opportunity.
-requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples.
contains content that violates applicable laws.
When using the Service, you are responsible for ensuring that your use of the Service is in compliance with applicable law.
If you create an Employer Account to post a job opening, we will make reasonable efforts to distribute your job posting to third-party services or job boards, or in job alert emails. However, you acknowledge and accept that we have no control over any Distributors and therefore, we provide no guarantee that your job post will be accepted by other Job Boards. You accept that a Distributor may not have an obligation to use or display your job post in their services, and may reject your job post for any reason, whether you are on a paid job posting plan or on a free job posting, and even if you have paid for a "Sponsored Post".
You agree that Awesome Workforce is not liable to you or any third party if your job post is rejected or not posted, and you will not be entitled to any refund for jobs not posted or distributed. By posting your job, you give us permission to distribute your job posting to current and future Distributors and on the Awesome Workforce website. You acknowledge and agree that Awesome Workforce cannot be responsible, and disclaims all liability, for Distributors and their actions or omissions related to your job postings, including without limitation their availability, operations, features and functionality. You are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate candidate. In certain cases, Distributors may require that you agree to additional service policies in order to allow your job post to be distributed on their services.
As a condition to the distribution of your job posting to a Distributor's/Job Boards services, you hereby agree to such additional Distributor/Job Boards service policies as they apply to the distribution of your job posting through the applicable Distributor's services.
As an Employer, you agree to abide by the following rules:
-Ensure that Accounts are not shared between your personnel or with any other third parties.
-Ensure that Authorized Users comply with this Agreement, and promptly notify Awesome Workforce of any suspected or alleged violation of this Agreement including any unauthorized use of any password or account or any other known or suspected breach of security.
Please cooperate with Awesome Workforce with respect to
(i)investigation by Awesome Workforce of any suspected or alleged violation of this Agreement
(ii)Any action by Awesome Workforce to enforce this Agreement. Awesome Workforce may suspend or terminate an Authorized User's access to the Service in the event that Awesome Workforce reasonably determines that such Authorized User has violated this Agreement or appears likely to do so.
You acknowledge and agree that Awesome Workforce may, with no liability or penalty, remove any Job Listing, content, communication or information posted, which in the sole judgment of Awesome Workforce, violates or may violate this Agreement, the Awesome Workforce applicable laws, rules or regulations third party terms, or may adversely affect Awesome Workforce; is false, inaccurate, misleading, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party.
If you are accessing the Resume Database as an Employer, then subject to the terms and conditions of this Agreement, Awesome Workforce hereby grants you a limited access the Resume Database from the Service for the limited purpose of viewing or downloading a single copy of available paper resumes solely for use by you.
If a Job Seeker opts out of the Resume Database at any time, Awesome Workforce reserves the right to block access to, and/or remove, the Job Seeker's resume. You agree to comply with the following rules regarding access to the Resume Database:
-You will only use the Resume Database to seek employees
-You will not sell, license, share, rent or otherwise disclose the resumes or their contents to any third party. However, if you are a recruiter or staffing agency sourcing candidates on behalf of your client, you may share resumès with that client subject to this Agreement
-You will not use contact information in resumes to send unsolicited mail or e-mails, make unsolicited phone calls or send unsolicited faxes regarding promotions or advertising of yours or a third party's products or services
-You agree to implement appropriate physical, technical, and administrative measures to protect the data within the Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction
-The Resume Database shall only be used and accessed by you in accordance with privacy, data protection and other applicable laws and regulations
-You will respect the privacy choices of Job Seekers who have uploaded their information to the Resume Database
-You will not use the Resume Database in any manner that, in the sole discretion of Awesome Workforce, adversely affects Awesome Workforce business, performance of the Service, or interferes with the ability, of others to access the Resume Database
-You will remain primarily liable for all acts or omissions of Authorized Users and for any activity under your account.
You acknowledge and agree that if you view or download the resume of a Job Seeker, then Awesome Workforce may inform the Job Seeker that his/her resume has been viewed by an employer.
It is the policy of Awesome Workforce to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify the Awesome Workforce copyright agent as set forth below. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1.An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work that you claim has been infringed.
3. Identification of the material that is claimed to be infringing and provide a link (where available) to where it is located on the Service.
4. Information reasonably sufficient to permit Awesome Workforce to contact you, such as your address, telephone number, and, e-mail address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: Prachi Modi
Address: Awesome Workforce Inc.
39900 Blacow road,
Fremont, CA 94538 (USA)
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
In accordance with the DMCA and other applicable law, Awesome Workforce has adopted a policy of terminating, in appropriate circumstances, the accounts of Users who are deemed to be repeat infringers. Awesome Workforce may also at its sole discretion limit access to the Service and terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you have any questions about this Agreement, the practices of this site, or your dealings with this website, please contact us at firstname.lastname@example.org, or send mail to:
Awesome Workforce, Inc.
39900 Blacow road,
California 94538 (USA)