Effective February 18, 2022
Last Updated February 18, 2022
A Master Service Agreement (“MSA”) or other agreement may supplement this Agreement, but if any term of this Agreement expressly conflicts with any term of a MSA, the conflicting term in the MSA will control but only with respect to the applicable product, function or service. All other terms and conditions in both this Agreement and the MSA will remain in force.
If you are using the Services as a job seeker, please review the terms of Section 5 carefully. If you are using the Services as an Employer, please review the terms of Section 4 carefully.
Below are your rights and responsibilities as a TCJB User:
Protect your personal information by never providing social security, credit card or bank account numbers to prospective employers.
These Terms constitute a binding agreement between You and TCJB LLC dba The Cannabis Job Board operating the Web site for the country in which You live or in which business is headquartered (“TCJB”), and are deemed accepted by You each time that You use or access any TCJB Site or TCJB Services. If You do not accept the Terms stated here, do not use the TCJB Sites and/or TCJB Services.
TCJB may revise these Terms at any time by posting an updated version to this URL. You should visit this URL periodically to review the most current Terms because they are binding on You. Users who violate these Terms may have their access and use of the TCJB Sites suspended or terminated, at TCJB’s discretion.
You must be at least 18 years of age or older to visit or use any TCJB Site in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any TCJB Site under the supervision of a parent, legal guardian, or other responsible adult. It is the parent's and/or legal guardian's responsibility of any minor to determine whether any of the TCJB Services and/or content provided are age-appropriate for their child.
You shall not use the TCJB Content (as defined below) or Profiles to determine a consumer's eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit.
When using specific Services, we may ask for your consent to contact you by telephone, including by SMS. By granting such consent, you authorize TCJB to contact you by telephone at the number(s) you have provided, and acknowledge that TCJB may do so using an automatic telephone dialing system or an artificial or prerecorded voice (to the extent permitted by the laws of the jurisdiction where you reside).
You may revoke consent to be contacted by telephone by emailing firstname.lastname@example.org and including the wording "Revocation of Telephone Consent" in the subject line. To stop receiving SMS messages from TCJB, you may reply “STOP” to any SMS message you receive. Consent to being contacted by telephone is not required as a condition of using the Services or of purchasing any other property, goods, or services from TCJB.
You agree that we may, but are not obligated to, monitor or record any of your telephone conversations with us for quality control purposes, for training our employees and for our own protection. You acknowledge that not all telephone lines or calls are recorded by us and that we do not guarantee that recordings of any particular telephone calls will be retained or are capable of being retrieved.
By providing TCJB your email address, you consent to our using the email address to send you Service-related and other non-commercial notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers (to the extent permitted by the laws of the jurisdiction where you reside). If you have consented to receive email job alerts or marketing communications from us, we will send you such communications until you opt-out. If you do not want to receive job alert emails and/or marketing communications from us, you may opt-out or change your preferences in your account page or by following the opt-out and/or unsubscribe instructions in the email message, or by requesting to be opted-out by emailing: email@example.com. Please note that opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Please note, that while you can opt-out of marketing messages and email job alerts, you cannot opt-out of service-related communications, including those related to security, legal notices, your account, your use of our Services, billing, and other transactional purposes unless you deactivate your account and stop using our Services.
TCJB authorizes You, subject to these Terms, to access and use the TCJB Sites and the TCJB Content and to download and print a single copy of the content available on or from the TCJB Sites solely for Your personal, non-commercial use. The contents of the TCJB Sites, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other TCJB content (collectively, "TCJB Content"), are protected under copyright, trademark and other laws. All TCJB Content is the property of TCJB or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the TCJB Sites is the exclusive property of TCJB and is protected by copyright, trademark, and other laws. Unauthorized use of the TCJB Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original TCJB Content on any authorized copy You make of the TCJB Content.
You agree not to sell or modify the TCJB Content or reproduce, display, publicly perform, distribute, or otherwise use the TCJB Content in any way for any public or commercial purpose, in connection with products or services that are not those of the TCJB Sites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits TCJB or its licensors, that dilutes the strength of TCJB's or its licensor’s property, or that otherwise infringes TCJB's or its licensor’s intellectual property rights. You further agree to in no other way misuse TCJB Content. The use of the TCJB Content on any other application, web site or in a networked computer environment for any purpose is prohibited. Any code that TCJB creates to generate or display any TCJB Content or the pages making up any Application or Service is also protected by TCJB's intellectual property rights and you may not copy or adapt such code.
The job advertisements, post job database, or any information obtained from the job database (“Job Database”) and other features of the TCJB Sites may be used only by individuals seeking employment and/or career information and by employers seeking employees. In addition, TCJB networking and Profiles may be used by individuals for permitted professional and personal networking purposes. Your use of the TCJB Services is also subject to any Master Services Agreement (“MSA”) or other contracts You may have with TCJB. In the case of any conflict between these Terms and any contract you have with TCJB, the terms of that contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on a TCJB Site.
You are responsible for maintaining the confidentiality of Your account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your TCJB Site registrations and passwords, whether or not authorized by You. You agree to immediately notify TCJB of any unauthorized use of Your account, Profile, or passwords.
All TCJB Users agree to not:
Violations of system or network security may result in civil and/or criminal liability. TCJB will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
Employers or Job Posters (hereinafter a Job Poster may be referred to as an Employer) are solely responsible for their postings on TCJB Sites. TCJB is not to be considered to be an employer with respect to Your use of any TCJB Site and TCJB shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any TCJB Site.
You understand and acknowledge that certain Services provided by TCJB does not guarantee a job seeker match. Employer is ultimately responsible to verify that the job seeker or candidate is eligible and qualified to work in that jurisdiction.
Given the cannabis industry’s regulations are constantly involving, the Employer shall ensure they are a valid business, holding the proper license in their jurisdiction to post jobs and have the ability to utilize TCJB Services. TCJB is not responsible for non-compliant Employers using the Site and Services. TCJB reserves the right to cancel your Employer account if it finds you are in violation of any laws in your jurisdiction.
As an Employer, your account is for business use and not for person al use. TCJB is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for an TCJB account, you agree to receive mandatory email updates regarding anomalous activity to your TCJB account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms.
In some instances, multiple users may be linked to the same account (“a Linked Account”). A Linked Account is created when the primary account owner(s) (“Admin(s)”) of an Employer account invites other users to the same account. Admin(s) can provide these other users varying levels of access and functionality (“Roles”) within the account, as described on the site, including but not limited to accessing account data or purchasing services from TCJB under such account. If you are an Admin adding a user to a Role or several Roles, you represent to TCJB that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless TCJB from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data, access to your account, and any purchases made under your account. You agree that TCJB assumes no liability in regards to the accuracy of the statements above and that you are fully responsible for said accuracy. When using a Linked Account, any users with access to certain Roles may have access to any or all account information, including but not limited to: communications and actions of all other users and applicants within the Linked Account, resume contacts, and billing information, and you consent to such access. When using a Linked Account, any users with access to certain Roles may also have the ability to purchase TCJB products under your account, and you agree that you are responsible for the payment of all such purchases made.
Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by these Terms with the same TCJB party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by these Terms with the applicable TCJB party identified in the first paragraph of this Agreement with respect to such new territory.
If your TCJB employer account has a credit card on file to pay for one TCJB product or service, TCJB may charge that card for any additional products or services you order.
You agree that TCJB may send notices to Job Seekers informing them that an Employer account has been compromised, including if such account is associated with you. TCJB cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that TCJB bears no responsibility for doing so. TCJB makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.
TCJB may offer suggestions, recommendations, or information to users that may support or improve their experience on TCJB Sites. You understand that these offerings are provided as a courtesy and without warranty, and your use of such information is at your sole discretion. As an Employer, you are responsible for your use of the Site and any tools offered therein, including your decisions regarding your job description, the requirements for your job, and whom you interview or hire. TCJB assumes no responsibility and disclaims all liability for any actions you take based on any information provided by TCJB. Further as an Employer using TCJB Site and Services, you shall not engage in any unlawful activity that may put TCJB in harm’s way or that may potentially tarnish TCJB’s reputation or good will.
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from TCJB, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from TCJB's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through TCJB’s web servers.
In order to protect our TCJB Users from commercial advertising or solicitation, TCJB reserves the right to restrict the number of e-mails which an employer may send to Users, to a number which TCJB deems appropriate in its sole discretion. You shall use the TCJB Services in accordance with all applicable privacy and data protection laws.
By submitting Job Advertisements to TCJB (whether or not during a Free Trial), you agree that TCJB is under no obligation to accept, publish, or distribute your Job Advertisements. TCJB may require some Job Advertisements and/or Employers to be reviewed and/or verified to prevent fraud or abuse of the Services, improve our Services, or for any other reason in TCJB’s sole discretion. In addition, TCJB may publicly disclose the number of Job Advertisements that you have posted during any time period of measurement.
TCJB will make reasonable efforts to distribute Job Advertisements to third-party services, publishers, job boards and/or other entities in our distribution network, or in job alert emails and texts (where a job seeker has opted-in to receive such alerts) (collectively, “Distribution Channels”); provided, however, that TCJB has sole discretion in determining which Distribution Channels the Job Advertisements may be placed. However, you acknowledge and accept that we have no control over the Distribution Channels or communication networks, and therefore we provide no guarantee that your Job Advertisements will actually be delivered over the Internet or via communication networks, be accepted by an entity in the Distribution Channels or be received and/or read by a Job Seeker. You accept that entities in the Distribution Channels have no obligation to use or display a Job Advertisement and may reject a Job Advertisement for any reason or no reason, whether you are on a paid employer subscription plan, or a trial or free subscription, and even if you have paid for a premium service. You agree that TCJB is not liable to you or any third party if your Job Advertisement is rejected or not posted, and you will not be entitled to any refund for Job Advertisements not posted or distributed. By submitting a Job Advertisement, you give us permission to distribute that Job Advertisement in the Distribution Channels and on TCJB websites.
A Job Advertisement may not contain:
You may not use Your TCJB job ad or TCJB Services to:
We do not guarantee any responses, or the number of responses, to your Job Advertisements, including, without limitation, views, clicks, or applications, or that any responses will be from individuals suitable for the job vacancy you advertised. We make no guarantee as to the quality of candidates that you will receive as a result of your Job Advertisement. You are solely responsible for interviewing, reviewing and verifying background and reference checks on, verifying information provided by, and selecting an appropriate candidate. In certain cases, entities in the Distribution Channels may require that you agree to additional service policies in order to allow your Job Advertisement to be distributed on or via their services, and you hereby agree to such additional service policies as they apply to the distribution of your Job Advertisements.
TCJB reserves the right to remove any job advertisement or content from any TCJB Site, which in the reasonable exercise of TCJB’s discretion, does not comply with the above Terms, or if any content is posted that TCJB believes is not in the best interest of TCJB.
If at any time during Your use of the TCJB Services, You made a misrepresentation of fact to TCJB or otherwise misled TCJB in regards to the nature of Your business activities, TCJB will have grounds to terminate Your use of the TCJB Services and remove or delete Your profile or Membership with TCJB. TCJB reserves the right to prohibit You or any of Your affiliates from posting a job or creating an account with TCJB.
You shall use the TCJB Resume Database as provided in these Terms and in any contract You have with TCJB. You shall use the Resume Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from the TCJB Resume Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
You shall not use any automated computer programs or software to download resumes/CV or to extract Data (defined below), and shall not resell or sub-license access to the TCJB Resume Database (or any portion thereof) or any resume (including Data contained therein). You further agree that you shall not use the TCJB Resume Database or its contents to market or sell products or services to the data subjects whose resumes comprise the TCJB Resume Database.
You may have access to the Resume Match & Search Database as an Employer, depending on your account type. Please note that although You may have access to this service, You are still responsible to thoroughly screen each candidate to ensure that they are the right fit for you and your company. Further, You still have the responsibility to complete any necessary verifications to ensure they are eligible to and authorized to work in Your jurisdiction. TCJB is not responsible nor should TCJB be held responsible for the Employer’s failure to take the necessary steps to screen the potential candidate for selecting that candidate for a role.
You may not use the Resume Database in any way which, in TCJB’s sole discretion, adversely affects TCJB’s business, business prospects, the performance or function of any Site or the Resume Database, or interferes with the ability of other subscribers to access the Resume Database.
You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from TCJB Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share TCJB Resume Database seat-based license login credentials with any other party, nor share TCJB Resume Database pay-per-view license login credentials with any party.
The Resume Database and information obtained from the Resume Database shall not be used:
In order to ensure a safe and effective experience for all of our customers, TCJB reserves the right to limit the amount of data (including resume views) that may be accessed by You or the number of contacts, emails or messages You may make or send within any TCJB system in any given time period. These limits may be amended in TCJB’s sole discretion from time to time.
You accept that TCJB does not verify whether any telephone number contained within a resume/CV is a landline or a cell phone number, and it is your responsibility to ensure that any communication with the data subject of the resume/CV is in compliance with applicable laws related to telephone calls, automated dialing, SMS, spam, fax, and unsolicited communications.
TCJB makes no representations or warranties regarding any content provided or generated by third parties, including, without limitation, resumes/CVs. You accept that TCJB acts as a passive conduit for receipt of resumes/CVs and has no obligation to screen resumes/CVs, verify the identity of the person submitting a resume/CV, or verify the accuracy of the data or content contained in resumes/CV. It is your responsibility to conduct due diligence as regards the individual job seeker-subject of each resume/CV. We do not guarantee any response or the number of responses to your Job Advertisements or that any responses will be from individuals suitable for the job vacancy you advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that individuals who respond to your Job Advertisements have the required qualifications to meet your requirements.
References to "resume" or "CV" as used herein, will include curriculum vitae, profile, references, recommendations, and other similar written overviews or assessments of a person's experience and qualifications.
You shall use the TCJB services and TCJB profiles as provided in these Terms, any contract You have with TCJB, and the in accordance with the following:
Your account may give you access to additional Services that TCJB offers, such as the screen and hire services, reference check services, background check services and more. TCJB reserves the right to use third-party services to enhance its Services. TCJB may disclose the third-parties used for conducting Services and You are responsible for reviewing those third-party’s terms of service and policies located in their sites. Further, You are ultimately responsible for ensuring a Job Seeker or candidate is the right fit for Your company or business. You are solely responsible for reviewing and verifying the information provided for each candidate. TCJB shall not be held liable for the Services provided to You by it or any of its third-party affiliates.
When You register with the TCJB Site, or through the TCJB Mobile App, You may be asked to login using a third-party site, with Facebook, Google or another service or create an account and provide TCJB with certain information including, without limitation, name, zip code, career and education level and a valid email address ("Personal Data").
Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, or other means of contacting You, other than Your name.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the TCJB Sites.
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your TCJB account or Your TCJB account is terminated, all Your account information from TCJB, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from TCJB's databases and will be removed from any public area of the TCJB Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through TCJB’s web servers. In addition, third parties may retain saved copies of Your Personal Data.
TCJB may make screening tools available to Employers for Employer use in the application process, including screener questions, phone screen tools and assessments. TCJB is licensing these tools for Employers’ use as determined by Employers. As a Job Seeker you agree that the Employer has made the determination to use these tools as part of its application process, and the questions asked are solely determined by the Employer, and are not being asked by TCJB. The Employer is the sole party to determine which answers will qualify a candidate and is solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”. You further acknowledge that only the Employer is responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law. While TCJB is using its efforts to design and develop accessible offerings, as outlined in the accessibility statement, TCJB does not warrant that the method of delivery of these questions is compliant with the Americans with Disabilities Act or any equivalent or similar law.
TCJB Hiring Platform is a platform designed to automate and streamline Employer hiring and employment decision-making processes by allowing users access to various products such as TCJB interview, or related services (“TCJB Hiring Platform”). Employers may offer you the opportunity to participate in hiring activities that might be supported by TCJB Hiring Platform. You acknowledge and understand that Employers select the method and manner that TCJB Hiring Platform will be used for its job openings and that the Employer determines the job requirements and specific needs of its hiring efforts. YOU UNDERSTAND AND AGREE THAT EMPLOYER IS RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING ITS EMPLOYMENT AND HIRING PRACTICES, INCLUDING TITLE VII, AND THAT EMPLOYER INDEMNIFIES TCJB AGAINST ANY AND ALL CLAIMS ARISING FROM EMPLOYER’S USE OF TCJB HIRING PLATFORM OR SIMILAR PRODUCTS. TCJB DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT EMPLOYER’S USE OF THE SERVICES COMPLIES WITH TITLE VII OR ANY SIMILAR LAW. TCJB has no control nor participates in the hiring or decision-making process regarding Employer hiring efforts. Further, you understand that TCJB is not an employment agency by offering TCJB Hiring Platform and related tools. By using TCJB Hiring Platform, you understand that TCJB is not procuring employees for Employer or opportunities for Job Seekers. TCJB merely provides TCJB Hiring platform as a tool that enables Employers and Job Seekers to exchange information as they determine.
You understand and acknowledge that certain Services provided by TCJB does not guarantee a job or match with an Employer. Further TCJB does not guarantee that You may get the salary estimated or posted on the Site, it will ultimately be decided by the Employer for the specific job You are applying for.
Being that the cannabis industry’s regulations are constantly changing You shall ensure You are of the proper age in the necessary jurisdiction to apply for a specific job. TCJB does not control nor guarantee that a suggested job posting or match indicates that You are of proper age to be placed with that specific job.
TCJB reserves the right to delete Your account and all of Your Personal Data after a significant duration of inactivity.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a TCJB Site ("User Content") is the sole responsibility of the person from which such User Content originated. TCJB claims no ownership or control over any User Content. You or a third-party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through TCJB and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through TCJB, you grant TCJB a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through TCJB. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant TCJB a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting TCJB and its services. TCJB will discontinue this licensed use within a commercially reasonable period after such User Content is removed from TCJB. TCJB reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
You also represent and warrant that You have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If You post User Content in any public area of any TCJB Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any TCJB Site retains any and all rights that may exist in such User Content. TCJB may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any TCJB Site. TCJB reserves the right to expel Users and prevent their further access to the TCJB Sites and/or use of TCJB Services for violating the Terms or applicable laws, rules or regulations. TCJB may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for TCJB, damage TCJB’s brand or public image, or cause TCJB to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
TCJB does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does TCJB endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
The following is a partial list of User Content that is prohibited on the application. The list below is for illustration only and is not a complete list of all prohibited User Content.
The prohibited includes Content that:
Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You.
You may not include, in any User Content submitted to TCJB Services, information that may be interpreted as a direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. In order to protect our TCJB Community Users from commercial advertising or solicitation, TCJB reserves the right to restrict the number of e-mails or other messages which a User may send to other Users to a number which TCJB deems appropriate in its sole discretion.
Profiles derived from User Content may also be made available through the TCJB Sites. TCJB does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived Profiles may differ significantly from User Content.
We appreciate hearing from our Users and welcome Your comments regarding our services and the TCJB Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value Your feedback on our services, please be specific in Your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of TCJB. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. TCJB shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any TCJB Site and is accessible on such TCJB Site in a way that constitutes copyright or trademark infringement, please contact TCJB by email at firstname.lastname@example.org or by regular mail at:
6080 Center Drive, Suite 600,
Los Angeles, California 90045
TCJB respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the TCJB Sites, You agree not to use any TCJB Site to infringe the intellectual property rights of others in any way. TCJB reserves the right to terminate the accounts of any Users, and block access to the TCJB Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. TCJB reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact TCJB as set forth in Section 7 above.
The TCJB Sites act as, among other things, a technology company for (i) employers to post job opportunities and search for, evaluate, and screen job candidates and (ii) candidates to post resumes and Profiles and search for and evaluate job opportunities, amongst other TCJB Services. TCJB may not screen or censor the listings, including Profiles offered. TCJB does not control the actual transaction between employers and candidates, it is ultimately the responsibility of the Employer. As a result, TCJB is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and TCJB makes no representations about any jobs, resumes or User Content on the TCJB Sites. While TCJB reserves the right in its sole discretion to remove User Content, job ads, resumes or other material from the TCJB Sites from time to time, TCJB does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
TCJB Sites provide a venue for individuals to network for professional and personal purposes and TCJB does not screen or censor the Profiles or User Content on the TCJB Sites. TCJB is not involved in the actual communications between Users. As a result, TCJB has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the TCJB Sites and makes no representations about any Profile or User Content on the TCJB Sites.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the TCJB Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the TCJB Sites.
Because User authentication on the Internet is difficult, TCJB cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any TCJB Site, in the event that You have a dispute with one or more Users, You release TCJB (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
The TCJB Sites and the TCJB Content may contain inaccuracies or typographical errors. TCJB makes no representations about the accuracy, reliability, completeness, or timeliness of any TCJB Site or the TCJB Content. The use of all TCJB Sites and the TCJB Content is at Your own risk. Changes are periodically made to TCJB Sites and may be made at any time. TCJB cannot guarantee and does not promise any specific results from use of any TCJB Site. No advice or information, whether oral or written, obtained by a User from TCJB or through or from any TCJB Site shall create any warranty not expressly stated herein.
TCJB encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall TCJB be liable for the deletion, loss, or unauthorized modification of any User Content.
TCJB does not provide or make any representation as to the quality or nature of any of the third-party products or services purchased through any TCJB Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
If You believe that something on the Site violates these Terms please contact us in the method provided above.
If notified of any content or other materials which allegedly do not conform to these Terms, TCJB may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. TCJB has no liability or responsibility to Users for performance or nonperformance of such activities.
TO THE FULLEST EXTENT POSSIBLE BY LAW, TCJB DOES NOT WARRANT THAT ANY TCJB SITE OR ANY TCJB SERVICES WILL OPERATE ERROR-FREE OR THAT ANY TCJB SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY TCJB SITE OR THE TCJB CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, TCJB IS NOT RESPONSIBLE FOR THOSE COSTS. THE TCJB SITES AND TCJB CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TCJB, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. TCJB MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE TCJB CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL TCJB, ITS SUPPLIERS, AFFILIATES OR ANY THIRD PARTIES MENTIONED ON ANY TCJB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY TCJB SITE AND THE TCJB CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TCJB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT POSSIBLE BY LAW, TCJB'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY TCJB SITE OR YOUR USE OF THE TCJB CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any TCJB Site.
You agree to defend, indemnify, and hold harmless TCJB, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any TCJB Site, (ii) Your use of any TCJB Content (iii) Your use of TCJB Services, where TCJB did not act intentionally or engaged in willful misconduct or (iv) Your breach of these Terms. TCJB shall provide notice to You promptly of any such claim, suit, or proceeding.
TCJB makes no claims or representations that the TCJB Content may be lawfully viewed or accessed outside of the United States. Access to the TCJB Content may not be legal by certain persons or in certain countries. If You access any TCJB Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Any software downloaded from any TCJB Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
These Terms are governed by the laws of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Los Angeles, California. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, TCJB’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect TCJB’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the TCJB Sites, a particular "Legal Notice," or software license or material on particular pages on the TCJB Sites, these Terms constitute the entire agreement between You and TCJB with respect to the use of the TCJB Sites. No changes to these Terms shall be made except by a revised posting on this page.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 17 is enforceable, the following mandatory arbitration provisions apply to you:
A. Binding Arbitration
This Section 17 is referred to in this Agreement as the "Agreement to Arbitrate". Unless you opt-out pursuant to the opt-out procedures set forth below, you agree that any and all disputes or claims that have arisen or may arise between you and TCJB or its affiliates, whether relating to the Services, this Agreement (including any alleged breach thereof), or otherwise (each a "Dispute"), shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Agreement to Arbitrate. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU UNDERSTAND THAT ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN COURT.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party (“Notice”), by certified mail or Federal Express (signature required) or, in the event that we do not have a physical address on file for you, by electronic mail. TCJB’s address for Notice is: TCJB LLC, Attention: Legal, 6080 Center Drive, Suite 600, Los Angeles, California 90045.
The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 60 days after the Notice is received, you or TCJB may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or TCJB shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Additional Requirements Applicable to Users in the United States or any other Jurisdiction not Expressly Identified Herein: The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes, each available at www.adr.org, or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by you and TCJB. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. Any arbitration hearings will take place at a location to be agreed upon in Los Angeles, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (a) solely on the basis of documents submitted to the arbitrator; (b) submitted to the arbitrator; (b) through a non-appearance based telephonic hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and TCJB may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Additional Requirements Applicable to Users in Canada: Disputes shall be referred to ADR Institute of Canada ("ADRIC"), including the ADRIC’s Arbitration Rules, available at: http://adric.ca/, or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by you and TCJB. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and TCJB may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Additional Requirements Applicable to Users in Australia: Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and TCJB may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
You and TCJB agree that any arbitration shall be limited to the Dispute between TCJB and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
C. Exceptions to Informal Negotiations and Arbitration
You and TCJB agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or TCJB intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
D. 30 Day Right to Opt Out of Arbitration
You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 15 by sending written notice of your decision to opt-out to email@example.com or to the U.S. mailing address listed above. The notice must be sent to TCJB within thirty (30) days of your registering to use the Services or agreeing to these terms, whichever occurs first, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
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 TCJB, you acknowledge that TCJB can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and the Publisher Program, you agree not to sue TCJB 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 TCJB 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.
If You use the TCJB Sites through a mobile device, You agree that information about Your use of the TCJB Sites through Your mobile device and carrier may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the TCJB Sites through a mobile device may cause data to be displayed on and through Your mobile device. By accessing the TCJB Sites using a mobile device, You represent that to the extent You import any of Your TCJB data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your TCJB account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the TCJB Sites through Your mobile access provider. Therefore, You should check with Your provider to find out if the TCJB Sites are available and the terms for these services for Your specific mobile devices.
These Terms will remain in full force and effect while You are a User of any TCJB Site. TCJB reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the TCJB Sites and immediate termination of Your registration with or ability to access the TCJB Sites and/or any other services provided to You by TCJB, upon any breach by You of these Terms or if TCJB is unable to verify or authenticate any information You submit to a TCJB Site registration. Even after You are no longer a User of the TCJB Sites, certain provisions of these Terms will remain in effect, including Sections 1, 2, 6, 8 through 17, inclusive.