TERMS OF SERVICE
JobShakers is a referral recruitment software solution that includes a mobile app and an underlying backend data infrastructure enabling employees to use the contact list on their smartphone to refer job candidates to open positions at their employer. The solution consists of software and web sites hosted or made available by JobShakers.
This Terms of Service (the “Terms”) constitutes a contract between us. BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. In exchange for being enabled to use the service, you agree to abide by these Terms. This document describes in detail your rights and our rights relating to the provision and operation of the service.
Note that because the Service is a hosted, online application, JobShakers occasionally may need to notify all users of the Service of important announcements regarding the operation of the Service. If you are a customer of the Service, you also agree that JobShakers can disclose the fact that you are a customer.
JobShakers is committed to protect and secure your Personal Information. Despite our commitment, no security system can be 100% effective and we cannot guarantee that your Information will be secure in all situations.
We will nonetheless take all reasonable and appropriate steps to insure the safety and security of your Personal Information. This includes using at least industry standard security measures to protect the loss, misuse, and unintended alteration of the Personal Information under our control. For example, our policy is that only those individuals who need your Personal Information to perform a specific job for us are granted access to that Personal Information. Likewise, all employees and contractors are kept up-to-date on our security and privacy practices. Finally, the servers that we store personally identifiable information on are in a secure environment.
Changes in these Terms are likely to happen, due to changes in our service and the laws that apply to us and you. If we make a change, we will provide you with notice. We will announce changes here at our site, and we will also explain the reasons for the change.
JobShakers service accounts should not be shared. If you share your Account Information with anyone, that other person may be able to take control of the account, and we may not be able to determine who the proper account holder is. We will not have any liability to you (or anyone you share your Account Information with) as a result of your or their actions under such circumstances.
Once your account is created and you accept these Terms, we grant you a limited license to use the JobShakers service subject to these Terms, for so long as you are not barred from receiving the service under the laws applicable to you, until you close your account voluntarily, or until we close your account pursuant to these Terms, including the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears).
This Agreement may not be assigned by you without the prior written approval of JobShakers but may be assigned without your consent by JobShakers to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger.
You retain copyright and any other rights you already held in your Content before you submitted, posted or displayed it on or through the service. But you do grant JobShakers a limited license, as described below, so we can make your data accessible and usable on the service.
Other than this limited license and other rights you grant in these Terms, JobShakers acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms in any of your Content. You, not JobShakers, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and JobShakers shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
In order to enable JobShakers to operate the service, you grant certain license and other rights to the content you submit so that our processing, maintenance, storage, technical reproduction, back-up and distribution and related handling of your content does not infringe applicable copyright and other laws. This means that by using the service and uploading content, you grant JobShakers a license to display, perform and distribute your content and to modify (for technical purposes, e.g., making sure content is viewable on smart phones as well as computers) and reproduce such content to enable JobShakers to operate the service. You also agree that JobShakers has the right to elect not to accept, post, store, display, publish or transmit any content in our sole discretion.
Finally, you understand and agree that JobShakers, in performing the required technical steps to provide the service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services, or media.
All Content – such as text, images, software, videos and anything else you can think of, no matter what the form or technical structure (collectively, “Content”) – created, transmitted, stored or displayed in your account, is your sole responsibility as the person who created the Content or introduced it into the service. This applies whether the Content is kept private, shared or transmitted using the service or any third party application or services integrated with the JobShakers service.
If you install or enable Third-Party Applications for use with the Services, you acknowledge that we may allow providers of those Third-Party Applications to access your data as required for the interoperation of such Third-Party Applications with the Services. We shall not be responsible for any disclosure, modification or deletion of your data resulting from any such access by Third-Party Application providers.
While you own the content you store with the JobShakers service, you acknowledge and agree that JobShakers own(s) all legal right, title and interest in and to the service, including, without limitation, all software comprising a part of the service that is hosted on JobShakers’s servers. As a part of your use of the service, you grant JobShakers the right to use and share your non-identifiable personal (anonymous) aggregated Customer Data and Content.
Intellectual Property Rights.
In agreeing to these Terms, you also agree that the rights in the service and JobShakers Software, including all intellectual property rights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms and any Separate Agreement. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any JobShakers Software, unless you are expressly permitted to do so under an open source license or we give you express written permission.
Right to Update Our Software.
In connection with any modification of the service, JobShakers may automatically download software updates on your devices from time to time with the intention of improving, enhancing, repairing and/or further developing the service. JobShakers will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), JobShakers may require you to install the update to continue accessing the service. In all cases, you agree to permit JobShakers to deliver these updates to you (and you to receive them) as part of your use of the service.
Right to Audit.
JobShakers shall have the right to inspect Customer’s books and records and all other documents and material with respect to hired employee referrals. JobShakers shall have free and full access thereto for purposes of validation and verification and shall be permitted to be able to make copies thereof and extracts therefrom. Customer shall keep complete and accurate books of account and shall make all records available to JobShakers at JobShakers’s request. In the event that any shortfalls, inconsistencies or mistakes are discovered, they shall immediately be rectified by Customer at its sole cost and expense. In the event a shortfall in the amount of ten percent (10%) or more is discovered, Customer shall reimburse JobShakers for the cost of the audit.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JOBSHAKERS, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF JOBSHAKERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE OR RELATED TO THE JOBSHAKERS MARKET; (v) JOBSHAKERS’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; AND (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
This Agreement shall be governed by Kansas law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Johnson or Wyandotte Counties in Kansas.