Terms of Use

Jobsgoat, LLC

Last Modified: 4-16-2023 

  • Acceptance of the Terms of Use

These terms of use are entered into by and between you and Jobsgoat, LLC (“Jobsgoat,” “we,” or “us“). The following terms and conditions (“Terms of Use“) govern your access to and use of Jobsgoat.com (the “Website”) and digital assets, including our website applications, mobile applications and social media channels (together “Digital Properties”) and any content, functionality, and services offered on or through our Digital Properties, whether as a guest or a registered user.

By using the Website or the Digital Properties, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Digital Properties. 

  • Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. 

Your continued use of the Digital Properties following the posting of revised Terms of Use means that you accept and agree to the changes. you are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

  • Accessing the Digital Properties and Account Security

We reserve the right to withdraw or amend the Website and the Digital Properties, and any service or material we provide on the Digital Properties, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Digital Properties is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Digital Properties, or the entire Digital Properties to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Digital Properties.
  • Ensuring that all persons who access the Digital Properties through your internet connection are aware of these Terms of Use and comply with them.

To access the Digital Properties or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Digital Properties that all information you provide on the Digital Properties is correct, current, and complete. You agree that all information you provide to register with the Digital Properties or otherwise, including, but not limited to, through the use of any interactive features on the Digital Properties, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

  • Intellectual Property Rights

The Digital Properties and their 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 Jobsgoat, 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.

We sometimes share content belonging to others with their permission. By respecting our restrictions on the use of content on our Digital Properties or social media, you are helping us to protect content belonging to Jobsgoat employers and jobseekers like yourself.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Digital Properties, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Digital Properties for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • We may provide certain desktop, mobile, or other applications for download.  If you download these applications to your computer or mobile device, you agree to be bound by our end user license agreement for such applications.
  • We may update, amend, restrict use or withdraw these or other applications at any time without notice and at our sole discretion.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • Access or use for any commercial purposes any part of the Digital Properties or any services or materials available through the Digital Properties, except that certain of the Applications may be used for commercial purposes if such use is permitted within the terms of the end user license agreement for that application, as from time to time amended.

If you wish to make any use of material on the Digital Properties other than that set out in this section, please address your request to: support@Jobsgoat.com

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Digital Properties in breach of the Terms of Use, your right to use the Digital Properties will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Digital Properties or any content on the Digital Properties is transferred to you, and all rights not expressly granted are reserved by Jobsgoat. Any use of the Digital Properties not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

  • Trademarks

Jobsgoat’s name and all related names, logos, product and service names, designs, and slogans are trademarks of Jobsgoat or its affiliates or licensors. You must not use such marks without the prior written permission of Jobsgoat. All other names, logos, product and service names, designs, and slogans on our Digital Properties are the trademarks of their respective owners.

  • Prohibited Uses

You may use the Digital Properties only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Digital Properties:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of the personal information or others, or data or software to and from the U.S. 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 other similarly harmful conduct.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • 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 Jobsgoat, a Jobsgoat employee, another user, or any other person or entity, including, without limitation, by using email addresses or screen names associated with any of the foregoing.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Digital Properties, or which, as determined by us, may harm Jobsgoat or users of the Digital Properties, or expose them to liability.

Additionally, you agree not to:

  • Use the Digital Properties in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Digital Properties, including their ability to engage in real time activities through the Digital Properties.
  • Use any robot, spider, or other automatic device, process, or means to access the Digital Properties for any purpose, including monitoring or copying any of the material on the Digital Properties.
  • Use any manual process to monitor or copy any of the material on the Digital Properties, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Digital Properties.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Digital Properties, the server on which the Digital Properties are stored, or any server, computer, or database connected to the Digital Properties. 
  • Attack the Digital Properties via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Digital Properties.
  • User Contributions

Our Digital Properties contain interactive features that enable employers to post advertisements for employment that are not public outside the Website and other interactive features that are public outside the Website that allow users to post, submit, publish, display, or transmit to other users or other persons (“post”) content or materials (collectively, “User Contributions“) on or through the Digital Properties. Together these features are known as the “Interactive Features”.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Digital Properties, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. 

You represent and warrant that: 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use. 

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

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Digital Properties. 

  • Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Digital Properties or the public, or could create liability for Jobsgoat.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Digital Properties. 
  • Terminate or suspend your access to all or part of the Digital Properties for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Digital Properties. You waive and hold harmless Jobsgoat and its affiliates, licensees, and service providers from any claims resulting from any action taken by Jobsgoat or any of the foregoing parties during, or taken as a consequence of, investigations by either Jobsgoat, such parties or law enforcement authorities.

We cannot review all material before it is uploaded or posted on the Digital Properties, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

  • Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services, including posts for employment. User Contributions must comply in their entirety with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable federal, state or local laws or regulations, or discriminate against any job applicant regarding race, color, religion, age, sex, national origin, disability status, genetics, protected veteran status, sexual orientation, gender identity/expression, or any other characteristic protected by state or federal law.   
  • Be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  • Seek fees or payments from any other users, particularly job seekers.
  • Trademark or Copyright Infringement

If you believe that any User Contributions violate your trademarks or copyright, please contact us at support@Jobsgoat.com. It is the policy of Jobsgoat to terminate the user accounts of repeat infringers. 

  • Reliance on Information Posted

The information presented on or through the Digital Properties is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Digital Properties, or by anyone who may be informed of any of its contents.

Our Digital Properties, particularly the Interactive Services, may include content provided by third parties, including materials provided by other users, including employers, third-party licensors, advertisers and service providers. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Jobsgoat, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinions of Jobsgoat. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  • Changes to the Digital Properties

We may update the content on the Digital Properties from time to time, but its content is not necessarily complete or up-to-date. Any material on the Digital Properties may be out of date at any given time, and we are under no obligation to update such material. 

  • Information About You and Your Visits to the Digital Properties

All information we collect on the Digital Properties is subject to our Privacy Policy. By using the Digital Properties, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

  • Linking to the Digital Properties and Social Media Features

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. 

Our Digital Properties may provide certain social media features that enable you to:

  • Link from your own or certain third-party Digital Properties to certain content on our Digital Properties.
  • Send emails or other communications with certain content, or links to certain content, on our Digital Properties.
  • Cause limited portions of content on our Digital Properties to be displayed or appear to be displayed on your own or certain third-party Digital Properties.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Digital Properties or portions of them to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Otherwise take any action with respect to the materials on our Digital Properties that is inconsistent with any other provision of these Terms of Use.

The Digital Properties from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. 

  • Links from the Digital Properties

If the Digital Properties contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept 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 Digital Properties linked to the Digital Properties, you do so entirely at your own risk and subject to the terms and conditions of use for such Digital Properties.  

  • Geographic Restrictions

The owner of the Digital Properties is based in the State of Vermont in the United States. Access to the Digital Properties may not be legal by certain persons or in certain countries. If you access the Digital Properties from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  • Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Digital Properties will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 

To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Digital Properties or any services or items obtained through the Digital Properties or to your downloading of any material posted on it, or on any Digital Properties linked to it.

Your use of the Digital Properties, its content, and any services or items obtained through the Digital Properties is at your own risk. The Digital Properties, their content, and any services or items obtained through the Digital Properties are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Jobsgoat nor any person associated with Jobsgoat makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Digital Properties. Without limiting the foregoing, neither Jobsgoat nor anyone associated with Jobsgoat represents or warrants that the Digital Properties, its content, or any services or items obtained through the Digital Properties will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the Digital Properties or any services or items obtained through the Digital Properties will otherwise meet your needs or expectations. 

To the fullest extent provided by law, Jobsgoat 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 that cannot be excluded or limited under applicable law.

  • Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL JOBSGOAT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DIGITAL PROPERTIES, ANY DIGITAL PROPERTIES LINKED TO IT, ANY CONTENT ON THE DIGITAL PROPERTIES OR SUCH OTHER DIGITAL PROPERTIES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  • Indemnification

You agree to defend, indemnify, and hold harmless Jobsgoat, 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 of Use or your use of the Digital Properties, including, but not limited to, your User Contributions, any use of the Digital Properties’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Digital Properties.

  • Governing Law

All matters relating to the Digital Properties and these Terms of Use, 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 Vermont of the United States without giving effect to any choice or conflict of law provision or rule, whether of the State of Vermont or any other jurisdiction.

  • Arbitration

At Jobsgoat’s sole discretion, it may require you to submit any dispute, controversy or claim arising from these Terms of Use or use of the Digital Properties, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration be submitted to, and settled by, arbitration before a single arbitrator in Burlington, Vermont.  The arbitration shall proceed pursuant to and in accordance with these Terms of Use and otherwise pursuant to and in accordance with the Commercial Arbitration Rules then in effect of the American Arbitration Association (or at any other place or under any other form of arbitration mutually acceptable to the parties so involved).  Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the appropriate court of any forum, state or federal, having jurisdiction.  The expenses of the arbitration shall be borne equally by the parties to the arbitration or as otherwise determined by the arbitrator to be more just and equitable under all the circumstances.  Each party shall pay for and bear the cost of its own experts, evidence and counsels’ fees except to the extent, if at all, the arbitrator determines that it is more just and equitable under all the facts and circumstances that one party reimburse the other, in whole or in part, for the cost of the other party’s experts, evidence and/or counsel fees; provided, however that if either party fails to proceed with the arbitration as provided herein or unsuccessfully seeks to stay such arbitration, or fails to comply with any arbitration award, the other party shall be entitled to be awarded costs, including reasonable attorneys’ fees, paid or incurred by such other party in successfully compelling such arbitration and/or successfully defending or enforcing the award.  

  • Limitation on Time to Submit Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE DIGITAL PROPERTIES MUST BE SUBMITTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  • No Waiver

No waiver by Jobsgoat of any term or condition set out in these Terms of Use 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 Jobsgoat to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

Reformation; Severability

If any clause or provision of these Terms of Use is held by a court of competent jurisdiction to be illegal, invalid or unenforceable under present or future laws the remainder of the Terms of Use shall not be affected thereby, and in lieu of any clause, provision or term that is held illegal, invalid or unenforceable, you agree that you or we or any court or arbitrator having jurisdiction shall add as a part of this Agreement a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and legal, valid and enforceable to accomplish the intent of these Terms of Use.

  • Entire Agreement

The Terms of Use, our Privacy Policy and any user agreements associated with the Applications, as from time to time amended, constitute the sole and entire agreement between you and Jobsgoat, LLC regarding the Digital Properties and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Digital Properties. 

  • Your Comments and Concerns

Our Digital Properties are operated by Jobsgoat, LLC, a Vermont limited liability company, located in the United States.

All notices of copyright infringement claims should be sent to us at support@Jobsgoat.com or by mail to P.O. Box 1158, Williston, Vermont 05495, United States.

All other feedback, comments, requests for technical support, and other communications relating to the Digital Properties should be directed to support@Jobsgoat.com