General Terms and Conditions
Updated as of June 10, 2020
LocalJobs.com LLC (hereinafter "LocalJobs.com", "Site") provides a Job Board that allows Job Seekers to post resumes and apply for Jobs and Employers and Recruiters to post job postings using the Internet. The following are the terms and conditions for LocalJobs.com.
TERMS OF SERVICE FOR JOB SEEKERS
- Job Ads or Job Listings
LocalJobs, which is free to those individuals searching for employment openings (“Job Seekers”), may make available Job Ads advertising employment opportunities and other job-related content, including links to third-party websites (“Job Listings” or “Job Ads”), through LocalJobs’s search results or otherwise through the Site. Searching for Job Ads on LocalJobs is free for Job Seekers. Job Ads are created and provided by third parties over whom LocalJobs exercises no control; you acknowledge and understand that LocalJobs has no control over the content of Job Ads, links to or from Job Ads, or any conditions third parties might impose once a Job Seeker has submitted an application or left the Site. For example, some of these third parties may attempt to charge Job Seekers a fee to apply to a particular job, although LocalJobs endeavors not to make such Job Ads available on the Site. If you leave the LocalJobs Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. Except for featured or paid placements, the Job Ads contained on, or linked from, the Site are indexed or posted in an automated manner. LocalJobs has no obligation to screen any Job Ads, or to include any Job Ads in its search results or other listings, and may exclude or remove any Job Ads from the Site for any or no reason. We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Employer or other user, including the identity of such Employer or other user. LocalJobs assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Ads, Company Pages, screener questions and responses, and assessments. Additionally, LocalJobs may provide search options to narrow down Job Ads search results by job type categories (i.e. full-time, part-time, etc.), and such categories are created independently and entirely by LocalJobs, and may not directly or accurately reflect the content of the Job Ads. LocalJobs may reformat Job Listings so that you may read them more clearly on a mobile phone. While LocalJobs may in some circumstances be compensated by employers who post Job Ads, helping keep LocalJobs job search free for Job Seekers, all Job Ads are considered advertising. LocalJobs displays Job Ads based on search terms and other activity on LocalJobs. You are not permitted to use LocalJobs’s Site or its content other than for non-commercial purposes. For purposes of this Section A of the LocalJobs General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as a Job Seeker.
- Visible and Public Resumes and Recommended Jobs
By creating a VISIBLE resume through the Site, you are requesting and authorizing LocalJobs to make available your resume to third parties, such as Employers, that LocalJobs believes may have an interest in your resume. To protect your privacy, LocalJobs may mask or hide your contact information, such as your email address and phone number(s) and require that an Employer request a CONTACT/CONNECTION with you in order to unmask and reveal your contact information. Such information will not be revealed without your personal approval.
By creating a VISIBLE resume also set to PUBLIC on LocalJobs (an “LocalJobs Resume”), LocalJobs may promote your resume publically by showing a snippet, including your profile photo. Your resume will be publicly visible EXCEPT your contact details (email and phone number) will remain masked. An Employer must request a CONTACT/CONNECTION with you in order to unmask and reveal your contact information. Such information will not be revealed without your personal approval.
Additionally, by creating or uploading a resume on LocalJobs, LocalJobs my share with you Job Listings that match the contents of your LocalJobs Resume. LocalJobs assumes no responsibility and disclaims all liability for the resume or application information you post, send or receive through the Site. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact LocalJobs to do so. LocalJobs may also automatically send you recommended jobs via the email address you use to create a LocalJobs account or apply to a job. LocalJobs may determine what these recommended jobs are on the basis of a variety of factors, including but not limited to, any information you input on the Site about yourself (including in your LocalJobs Resume), searches you run on the Site, jobs you click on, jobs you apply to, or the materials you provide in a job application to an Employer through LocalJobs.
Applying to Jobs Through LocalJobs
When you apply to a job using LocalJobs Apply, LocalJobs will attempt to send your application to the contact information provided to us by an Employer or their Agent. We cannot guarantee that such messages and applications will be delivered, received, accessed, read or acted upon. LocalJobs also does not guarantee that any Employer will receive, be notified about, access, read or respond to any such resume or other application material, or that there will be no mistakes in the transmission or storage of the data. However, LocalJobs may alert you when any of the above events occur. Please note that Job Ads may expire between the time you submit your application and from the time it is received. LocalJobs has no responsibility for expired Job Ads or for delivering applications prior to a Job Ad’s expiration. In addition we cannot vouch for the validity of the contact information provided to us by Employers. We also cannot vouch for the technical capabilities of any third party sites, including but not limited to Applicant Tracking Systems (ATSs). If you do not feel comfortable sending an application or messages in this manner, or having your application or messages stored on LocalJobs, do not use the LocalJobs Apply or LocalJobs relay functions and please send your application or messages directly to the Employer by whatever other method you so choose, including the public mail system. You may contact the Employer directly to find alternative methods of application if you do not wish to apply through LocalJobs. By using the LocalJobs Apply system, you fully consent to the above.
If you require alternative methods of screening or application you must approach the Employer directly to request such as LocalJobs is not responsible for the Employer application process.
By using LocalJobs, you agree that LocalJobs is not responsible for the content of the Employer’s job application, messages, screener questions, skills assessments or their format or method of delivery, and that LocalJobs does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that LocalJobs does not choose the questions asked by Employers or decide the job qualification criteria of Employers. Some questions may be labeled as Optional, indicating only that the application may be submitted to the Employer without providing an answer. LocalJobs cannot guarantee that the Employer will consider such an application or make a particular determination with regard to such an application. LocalJobs may inform Job Seekers that an Employer’s requirement from a job description does not appear to be present on a resume; this information is presented without warranty and LocalJobs does not guarantee that updating a resume will result in any job offer. LocalJobs does not guarantee the identity of an Employer or any individuals working for any Employers, and cautions Job Seekers when applying to jobs. LocalJobs cannot make any guarantee regarding health and safety measures in an Employer’s hiring or interviewing process. LocalJobs recommends Job Seekers follow personal health and safety best practices as recommended by the World Health Organization or similar institution. LocalJobs does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Job Seekers are solely responsible for verifying the accuracy of any Employer or job offer.
Communications and Other Actions on the Site
When you view, send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, LocalJobs may, for example, use such materials for data analysis, quality control, or to refine the Site or any other LocalJobs product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When an Employer views, sends, stores or receives materials through or using the Site, LocalJobs may also inform you that an Employer has taken an action with regards to a Job Ad, your Resume, or your application, such as pausing or closing a Job Ad, opening your Resume or application, viewing your Resume or application, responding to your Resume or application, and making a decision with regards to your application or Job Ad. LocalJobs may inform the Employer about activities you take on the Site or your use of the Site, for example, whether you are online on LocalJobs, and you hereby consent to LocalJobs taking such actions.
LocalJobs may offer you the opportunity to receive a text message interview reminder from LocalJobs when an Employer has scheduled interviews with you. In such an event you will enter your phone number on the LocalJobs consent form and by entering your phone number you are representing and confirming it is your phone number and that you have the right to accept text messages at the number. LocalJobs will only send you a text message reminder for such interview and you agree to accept such text message reminder on your cell phone, including messages sent by automated telephone dialing system. Please note that since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. We also cannot vouch for the technical capabilities of any third parties to receive such text messages.
LocalJobs may also insert functionality into messages relating to your application allowing you to place calls directly to third parties. Please note this functionality is provided solely as a courtesy and that such calls are not placed through or tracked by LocalJobs. Your standard calling rates with your phone provider will apply.
You may receive messages, including but not limited to text messages, emails or email notifications corresponding with your activity on or use of the Site, LocalJobs Apply, LocalJobs Chat, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy. LocalJobs may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address to the Employer. LocalJobs disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
LocalJobs reserves the right to turn on or enable LocalJobs Chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify you that LocalJobs Chat or other communication options are available for a particular job or Employer. For LocalJobs Chat, you may access or view your messages by visiting your LocalJobs Chat messages dashboard. LocalJobs may, in its sole discretion, turn off or disable LocalJobs Chat for any Employer or Job Seeker at any time without prior notice. Please note that if you are using LocalJobs Chat to communicate with an Employer, LocalJobs will deliver your messages as instructed by the Employer.
Your Job Seeker Data
As a Job Seeker, you take a variety of actions on our Site. For example, you search for jobs, and LocalJobs knows and stores the titles of jobs you search for and click on, where those jobs are located, the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, your amount of activity or time of most recent activity on LocalJobs, information you provide directly to LocalJobs including desired salary or past experience, or any of your other behavior on the Site. You know exactly what this data is because you are the person who undertook the activity and the data pertains only to your activity. If you have an LocalJobs account or an LocalJobs Resume, you agree that LocalJobs may associate this data with your LocalJobs Profile and use this observed factual data to suggest jobs to you and to suggest you or your public resume to Employers that might be interested in a person who matches your behavior on LocalJobs. You also agree that LocalJobs may contact you based on this observed behavior on behalf of Employers or LocalJobs itself. Please note, the aforementioned actions do not include information sent to you by a third party, however, LocalJobs may publicly display the fact that you have recently used the LocalJobs Site to correspond with a third party. In addition, if you set your Resume to PUBLIC, this means that LocalJobs may share all of the aforementioned information about yourself with third-party Employers. If you do not wish to share such information, you may set your Resume to HIDDEN.
Governing Law and Dispute Resolution
This Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of North Carolina, United States of America, if you are located in the United States, or the laws of the Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Henderson County, North Carolina, U.S.A.,
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.
Class Action Waiver
By using the Site and in return for the services offered by LocalJobs, you acknowledge that LocalJobs can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue LocalJobs as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against LocalJobs regarding your use of the Site. Additionally, as a Job Seeker, your use of job search on the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court.
TERMS OF SERVICE FOR EMPLOYERS
LocalJobs.com provides a Job Board that allows Job Seekers to post resumes and apply for Jobs, and Employers and Recruiters to post job postings using the Internet. The following are the terms and conditions for LocalJobs.com.
1. Content. It is understood by all parties that the content of the advertising being provided by Client to LocalJobs.com for inclusion in the Website is the property of the Client, and becomes property of LocalJobs.com when posting on the website. All content on LocalJobs.com must conform to LocalJobs.com standards for language, contextual standards, graphical standards, and promotional standards.
a. Website. Prices listed on the website are current and accurate on the day they are listed, and can be changed or modified at any time.
b. Written Proposals. All prices quoted by LocalJobs.com sales staff in a written proposal will remain in effect for a 30-day period from the date the proposal is presented, unless noted differently on the proposal.
3. Credit Policy. LocalJobs.com offers credit to all customers who post jobs with LocalJobs.com. A credit limit may be reduced if the customer has a poor credit rating, an unreliable payment history with us, or one or more past due bills. Late payment results in late fees of $10, finance charges of 1.5% monthly, reduced credit limits, and/or revocation of credit privileges.
a. All billings will be due upon receipt.
b. The entire amount billed for standard postings is due on the date the related job postings are activated on the website. A posting may be taken down earlier than the 28 day posting period, however once the posting has â€œgone liveâ€ full payment is required. c. Subscriptions allow for a certain number of postings to be live on the website at any point in time. Any postings which are not used are non-refundable.
5. Accounting. LocalJobs.com shall provide Client with an accurate accounting of the number of job postings Client generated in the Website. LocalJobs.com and Client shall each maintain accurate accounts of its operations to effectively manage and execute this Agreement and shall, in the case of any discrepancies, provide a verified statement of operations to the requesting party within fifteen (15) days following each month. Each party reserves the right, upon reasonable notice and at its own expense, to audit the books and records of the other party to verify the accuracy of fees owned pursuant to this Agreement.
6. Intellectual Property. Client acknowledges that LocalJobs.com is the sole owner of LocalJobs.com trade names, service marks, and logos (LocalJobs.com Marks). Upon the termination of this Agreement, all rights of Client to use such LocalJobs.com Marks shall cease and Client shall immediately terminate all use of such LocalJobs.com Marks. Client further agrees that other than the limited license to use the LocalJobs.com Marks, set forth above, no other intellectual property of any kind or nature has been conveyed in connection with this Agreement. Client agrees and gives LocalJobs.com the right to utilize Client's trade names, service marks, and logos (Client Marks) in LocalJobs.com advertising and website. All uses of Client Marks will be approved by a designated Client contact before public use of such marks. Upon the termination of this Agreement, all rights of LocalJobs.com to use such Client Marks shall cease and LocalJobs.com shall immediately terminate all use of such Client Marks
7. Assignment. Client shall not assign or transfer this Agreement without the prior written consent of LocalJobs.com, which consent shall not be unreasonably withheld. LocalJobs.com shall not assign or transfer this Agreement without the prior written consent of Client, which consent shall not be unreasonably withheld, unless such transfer is in connection with the sale of all or substantially all of the assets of LocalJobs.com, in which case Client's consent is not required.
8. Miscellaneous. This Agreement shall be interpreted according to North Carolina State law. The relationship between the parties shall be that of independent contractors, and no party shall be liable for the debts, accounts, or liabilities of another.
9. Invoicing Procedures. The invoicing of Client is calculated on a monthly agreement set forth in a written proposal. Keeping job postings current and up to date is the responsibility of the Client.
10. Program Modifications. Client agrees to accept the Website's current format and base level of functionality. LocalJobs.com reserves the right to upgrade and enhance that functionality at its sole discretion.
11. Support. LocalJobs.com will consult with the Client and upon request by Client for a reasonable amount of time by telephone during normal business hours to assist the Client with the use of product provided by LocalJobs.com. Normal business hours are defined as Monday through Friday, 8:00 AM to 5:00 PM in the Eastern Standard Time, excluding major holidays observed by LocalJobs.com.
12. Maintenance of Software and Equipment. LocalJobs.com shall be responsible for the maintenance of the software, servers and other equipment relating to the Website. LocalJobs.com shall reimburse Client on a pro-rata basis for any unscheduled downtime of the website in any specific week if that downtime exceeds 24 hours in that week.
13. Termination. Failure of Client to render any agreed payment to LocalJobs.com on a timely basis shall entitle LocalJobs.com to terminate the Agreement with Client upon thirty (30) days notice. Client may terminate this Agreement within thirty (30) days of written notice if LocalJobs.com has failed to keep the Website up and running for a period exceeding 14 days.
15. Indemnity. Definition of "Claim": For purposes of this Agreement, the term "Claim" shall mean any claim, action, suit, proceeding or litigation and any loss, deficiency, damages, liabilities, costs and expenses including, without limitation, reasonable attorneys' fees and all related costs and expenses, to be paid to a third party or otherwise incurred in connection with the defense of any claim, action, suit, proceeding or litigation involving a third party. Client shall indemnify and hold LocalJobs.com and its affiliates, as well as each of their respective officers, directors and employees and customers, harmless from and against any and all Claims brought against Client. Client shall assume defense of such Claim at its own expense and with counsel of its own choosing. LocalJobs.com shall be entitled to participate in any such action or proceeding at its own expense with counsel of its own choosing. If LocalJobs.com participates in such action or proceeding, LocalJobs.com shall control the defense of any action against LocalJobs.com including, but not limited to, whether or not to settle any Claim and/or the terms of any proposed settlement.
16. Limitation of Liability. LocalJobs.com makes no warranties, claims, or promises in regards to the fitness or suitability of its program(s) for use by Client. All programs are accepted on an as is basis. LocalJobs.com makes no claims or guarantees as to the ability of the program(s) to produce any employees for Client. LocalJobs.com's liability shall be limited to no more than the price paid for the product minus any expenses LocalJobs.com has incurred for maintaining the program(s). In no event shall LocalJobs.com be liable to Client, or any other third party, for any direct, or indirect, special incidental or consequential damages resulting from performance or failure to perform under this agreement other than those conditions as set forth in item 10. Maintenance of Software and Equipment.
17. Amendment. LocalJobs.com may, at its sole discretion, change, modify, add, or remove portions of these Terms, and Job Board provided hereunder, at any time. LocalJobs.com will notify users of any such changes by posting notice of such changes on its web site or by sending notice via email to user. User's continued use of Job Board following posting of such change shall be deemed to be User's acceptance of any such modification. This Agreement may not be modified in any way except in writing by both parties or as described in this section.
18. Severability. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
19. Miscellaneous. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes and replaces any and all prior written or verbal agreements. LocalJobs.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between Client and LocalJobs.com nor trade practice shall act to modify any provision of this Agreement. Client understands that he or she represents his or her organization when agreeing to the terms of this Agreement.
20. Government Law and Dispute Resolution
This Agreement and any Dispute arising out of or in connection with this Agreement or related in any way to the Site will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Henderson Country in the State of North Carolina, if you are located in the United States.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from Indeed. If you intend to propound discovery seeking user information from LocalJobs.com, LLC., you agree to do so pursuant to a valid federal, North Carolina or North Carolina domesticated request, addressed to and properly served at our registered agent in North Carolina at LocalJobs.com LLC., as noted in our contact information below. You further agree to submit to the personal jurisdiction of the appropriate North Carolina state or federal courts for such discovery proceedings.
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.
How to Contact Us
You may contact us for questions or concerns about our privacy practices. You may also call us at 1-888-681-8975, or write to us at:
187 Duncan Creek Road
Fletcher, NC 28732