Terms and Conditions of SCHINDLERZ
Last Updated: August 18, 2021
Any references to “SCHINDLERZ” or “we” in this Agreement shall mean Par6.
The Site is made available for use only by individuals searching for employment openings, or services or information related to their personal employment or job search (“Job Seekers”), and by individuals and/or organizations seeking information related to hiring or human resources or seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties and employment agencies (“Employers”). You acknowledge and agree that your license to use the Site is automatically revoked upon your attempt to use the Site for any other purpose. If you are accessing or using the Site in your capacity as an employee or other representative of an Employer, you are agreeing to this Agreement on behalf of yourself and such Employer, and you represent and warrant that you have the authority to bind such Employer to this Agreement. You acknowledge that SCHINDLERZ owns a copyright in the Site, SCHINDLERZ Apps, including in compilations of information available through any of the foregoing.
We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legends in each section of the terms and conditions indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.
A. Terms of Service for Job Seekers
1. Job Ads or Job Listings
SCHINDLERZ 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 SCHINDLERZ’s search results or otherwise through the Site. Searching for Job Ads on SCHINDLERZ is free for Job Seekers. Job Ads are created and provided by third parties over whom SCHINDLERZ exercises no control; you acknowledge and understand that SCHINDLERZ 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 SCHINDLERZ endeavors not to make such Job Ads available on the Site. If you leave the SCHINDLERZ Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. Employer websites may have conversion trackers or other functionality provided by SCHINDLERZ, which informs us that an application has been completed on an Employer site. An Employer who installs such functionality is required under this Agreement to provide any notice, and obtain any prior consent, that may be required by applicable law. However, you acknowledge and agree that SCHINDLERZ has no control over such an Employer or its website. You agree to SCHINDLERZ’s use of, and receipt of information from, any such conversion tracker functionality. Except for sponsored, featured or paid placements, the Job Ads contained on (or linked from) the Site are indexed or posted in an automated manner. SCHINDLERZ 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 or your search result for any or no reason. You understand and agree that SCHINDLERZ has no obligation to present you with any or all Job Ads. 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. SCHINDLERZ 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, SCHINDLERZ 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 SCHINDLERZ, and may not directly or accurately reflect the content of the Job Ads. SCHINDLERZ may reformat Job Listings so that you may read them more clearly on a mobile phone. Placement of a Job Ad on a certain page is not a representation regarding the nature of the role for legal purposes. While SCHINDLERZ may in some circumstances be compensated by employers who post Job Ads, helping keep SCHINDLERZ job search free for Job Seekers, all Job Ads are considered advertising. SCHINDLERZ displays Job Ads based on a combination of employer bids and relevance, such as search terms, and other information provided and activities conducted on SCHINDLERZ. You are not permitted to use SCHINDLERZ’s Site or its content other than for non-commercial purposes. For purposes of this Section A of the SCHINDLERZ 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. SCHINDLERZ may provide functionality to call a telephone number contained in a Job Ad using the phone app on a mobile device. SCHINDLERZ cannot guarantee that the extracted phone number is the correct phone number for the Employer or for the Job Ad you are viewing.
By uploading or creating a resume through the Site, you are requesting and authorizing SCHINDLERZ to make available your resume on the Site and to third parties (such as Employers and SCHINDLERZ partners or affiliate websites) that SCHINDLERZ believes may have an interest in your resume. By creating or uploading a resume on SCHINDLERZ (a “SCHINDLERZ Resume”), SCHINDLERZ may share with you Job Ads that match the contents of your SCHINDLERZ Resume. SCHINDLERZ may also highlight to you items in your resume that may match qualifications from the Job Ad, or highlight to you items that appear in the Job Ad and may be missing from your resume. These highlights do not mean you are or are not qualified for the job or that you should or should not apply for it. Applying for such Job Ads does not guarantee job interviews or hiring. Even where SCHINDLERZ highlights items or a Job Ad is shared with you, SCHINDLERZ assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Ads or highlights. SCHINDLERZ assumes no responsibility and disclaims all liability for the resume or application information you post, send or receive through the Site. It is your responsibility to review your resume to ensure it contains the right information or any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact SCHINDLERZ to do so. To mitigate fraud, SCHINDLERZ may mask or hide your contact information, such as your email address, from your resume or application, for example, and may substitute it with an alias. SCHINDLERZ makes no promise to you about whether all or part of your contact information will be masked, and the decision to mask such information is in SCHINDLERZ’s sole discretion. SCHINDLERZ reserves the right to limit your ability to set your resume to public, and may set a public resume to private, at any time, to prevent illegal conduct, for fraud mitigation, or for any other reason in SCHINDLERZ’s discretion. SCHINDLERZ assumes no responsibility and disclaims all liability for the resume or application information you post, send or receive through the Site.
SCHINDLERZ may also automatically send you recommended jobs via the email address you use to create a SCHINDLERZ account or apply to a job. SCHINDLERZ 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 SCHINDLERZ 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 SCHINDLERZ.
3. Applying to Jobs Through SCHINDLERZ
When you apply to a job using SCHINDLERZ Apply, SCHINDLERZ 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. SCHINDLERZ 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, SCHINDLERZ 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. SCHINDLERZ 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. You may contact the Employer directly to find alternative methods of application if you do not wish to apply through SCHINDLERZ. By using the SCHINDLERZ 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 alternatives as SCHINDLERZ is not responsible for the Employer application process.
By using SCHINDLERZ, you agree that SCHINDLERZ 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 SCHINDLERZ does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that SCHINDLERZ 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. SCHINDLERZ cannot guarantee that the Employer will consider such an application or make a particular determination with regard to such an application. SCHINDLERZ may inform Job Seekers that an Employer’s requirement from a job description does not appear to be present on a resume or application; this information is presented without warranty and SCHINDLERZ does not guarantee that updating a resume or application will result in any job offer. SCHINDLERZ does not guarantee the identity of an Employer or any individuals working for any Employers, and cautions Job Seekers when applying to jobs. SCHINDLERZ cannot make any guarantee regarding health and safety measures in an Employer’s hiring or interviewing process. SCHINDLERZ recommends Job Seekers follow personal health and safety best practices as recommended by the World Health Organization or similar institution. SCHINDLERZ 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.
SCHINDLERZ may use your application materials (including resumes and responses to screener questions) and your activity on SCHINDLERZ to determine whether the words of any Job Seeker’s resume and answers to screener questions match the words of a Job Listing or Resume query, and vice-versa. You agree and consent that SCHINDLERZ may differentiate those matching resumes and screener questions from those that do not match, and present them to Employers as matches or not matches. SCHINDLERZ may also use such information in order to improve the Site or any other SCHINDLERZ product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers). SCHINDLERZ may also highlight to you items in your prior application materials (including items in your resume and past responses to screener questions) that may match qualifications from the Job Listing, or highlight to you items that appear in the Job Listing that may not match your application materials. These highlights do not mean you are or are not qualified for the job or that you should or should not apply for it. Applying for such Job Listings does not guarantee job interviews or hiring. Even where SCHINDLERZ highlights items or a Job Listing is shared with you, SCHINDLERZ assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Listings or highlights.
By using SCHINDLERZ Apply and answering screener questions, you acknowledge that Employers may have instructed SCHINDLERZ to send out rejection notices if your answers do not match the answers sought by the Employer, and you acknowledge that SCHINDLERZ has no discretion in the transmission of these rejections. When you search for jobs on the SCHINDLERZ Job Search app and proceed to apply for a job, including jobs on third-party sites, SCHINDLERZ may suggest information from your SCHINDLERZ profile to include in your application. It is your responsibility to review suggestions before accepting them and including them on your application.
When you view, send, store or receive materials (including Job Listings, resumes, messages, applications, questions and responses in applications, and any other information) through or using the Site, SCHINDLERZ may, for example, use such materials for data analysis, quality control, or to refine the Site or any other SCHINDLERZ 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, SCHINDLERZ may inform you about such actions. Additionally, we may also inform you that an Employer has taken other actions 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. SCHINDLERZ may inform the Employer about activities you take on the Site or your use of the Site, for example, whether you are online on SCHINDLERZ, and you hereby consent to SCHINDLERZ taking such actions.
If you have turned on browser push notification and wish to turn them off, you may do so by visiting the settings on your browser.
SCHINDLERZ may offer you the opportunity to receive a text message interview reminder from SCHINDLERZ when an Employer has scheduled interviews with you. In such an event you will enter your phone number on the SCHINDLERZ 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. SCHINDLERZ 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.
SCHINDLERZ 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 SCHINDLERZ. 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 or an Employer’s (in the event you applied for a job) activity on or use of the Site, SCHINDLERZ Apply, 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, and you should not rely on them. For example, if you accept an interview request, it is your responsibility to follow up with the employer separately to ensure they know your response, do not rely on notifications through SCHINDLERZ. SCHINDLERZ 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. Once an Employer has your contact information, you agree that SCHINDLERZ is not responsible or liable for the manner in which the Employer uses the information. Should you choose to send an email from a third-party email client, the person with whom you’re communicating may be able to see your email address, rather than the alias. SCHINDLERZ 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.
5. Other Information Provided by SCHINDLERZ
SCHINDLERZ may provide some information and content to users for informational purposes only. For example, SCHINDLERZ may provide you with data regarding estimated salaries for a given Job Listing, number of applies to a Job Listing, responses to certain screener questions for a Job Listing, or the likelihood that a particular event will occur such as being selected for an interview. This information provided by SCHINDLERZ is based on estimates given for informational purposes only and without warranty, and is subject to change or varying levels of accuracy. SCHINDLERZ may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to SCHINDLERZ, including from SCHINDLERZ affiliates. These figures are given to SCHINDLERZ users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.
Similarly, career-related or hiring-related information provided by SCHINDLERZ is for informational purposes only, and is in no way to be construed as professional career counseling or staffing services. You understand that SCHINDLERZ may give suggestions or information regarding best-practices, however, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search. You further understand that in providing any such career or hiring guides, SCHINDLERZ is not acting as a job placement agency or staffing firm. You also understand that by referring to or using such career or hiring guides, you are not guaranteed job interviews, job placement, or assurance of being hired, and you take full responsibility for use of these services or guides. As a user of the Site, SCHINDLERZ may, from time to time, send you emails from the career or hiring guides as part of its services to you. These emails may include but not be limited to, tips on improving your resume or how to use your resume effectively in the job application process, commonly asked interview questions, next steps after you have submitted an application, and how to prepare for a new job after you have been hired.
SCHINDLERZ may offer, as part of the Services, the opportunity for you to engage with third parties, sometimes referred to as career coaches or professional writers, to discuss job search, resume writing, or career strategies, either through the Site or in person. Regardless of how you interact with them, you acknowledge that these third parties are not employees of SCHINDLERZ and that SCHINDLERZ is not responsible for the content of any such discussion. Do not share any information you consider confidential or personally sensitive with these third parties. SCHINDLERZ does not guarantee the quality or effectiveness of any advice, recommendations, or guidance you may receive from these third parties. You agree that, to the maximum extent permitted by law, SCHINDLERZ will have no liability arising from any discussion you have with such a third party.
6. Your Job Seeker Data
As a Job Seeker, you take a variety of actions on our Site and you provide various information. For example, you search for jobs, and SCHINDLERZ 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 SCHINDLERZ, information you provide directly to SCHINDLERZ including desired salary, or past experience, or information in the “About me” part of your profile, or any of your other behavior on the Site or information provided. You know exactly what this data is because you are the person who provided the information or undertook the activity and the data pertains only to your activity. If you have a SCHINDLERZ account or a SCHINDLERZ Resume, you agree that SCHINDLERZ may associate this data with your SCHINDLERZ profile and use this observed factual data to suggest jobs to you and to suggest you or your resume to Employers that might be interested in a person who matches your behavior on SCHINDLERZ. You also agree that SCHINDLERZ may contact you based on this observed behavior or provide you with information on behalf of Employers or SCHINDLERZ itself. Please note, the aforementioned actions do not include information sent to you by a third party, however, SCHINDLERZ may publicly display the fact that you have recently used the SCHINDLERZ Site to correspond with a third party. In addition, By uploading or creating a resume through the Site, SCHINDLERZ may share all of the aforementioned information about yourself with third-party Employers or SCHINDLERZ partners or affiliate websites. If you do not wish to share such information, you may set your Resume to private.
7. Screening Tools
SCHINDLERZ may make screening tools available to Employers for Employer use in the application process, including screener questions, phone screen tools and assessments. SCHINDLERZ 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 SCHINDLERZ. 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”. SCHINDLERZ 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.
8. 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 California, 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 Orange County, California, U.S.A., if you are located in the United States, or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Orange County, California, U.S.A., if you are located in the United States of America, or Dublin, Ireland, if you are located elsewhere.
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.
9. Class Action Waiver
By using the Site and in return for the services offered by SCHINDLERZ, you acknowledge that SCHINDLERZ 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 SCHINDLERZ 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 SCHINDLERZ 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, subject to Section 8 above.
Terms of Service for Employers
The following terms and conditions apply to all Employers and other users who access or use the Site as intended for individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties, or otherwise indicate their acceptance to this Agreement. For purposes of this Section B of the SCHINDLERZ General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as an Employer.
1. Employer Accounts
As an Employer, your account is for business use and not for personal use. SCHINDLERZ is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for a SCHINDLERZ account, you agree to receive mandatory email updates regarding anomalous activity to your SCHINDLERZ 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.
If you are an Admin adding a user to a Role or several Roles, you represent to SCHINDLERZ 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 SCHINDLERZ 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 SCHINDLERZ 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 SCHINDLERZ products under your account, and you agree that you are responsible for the payment of all such purchases made.
If your SCHINDLERZ employer account has a credit card on file to pay for one SCHINDLERZ product or service, SCHINDLERZ may charge that card for any additional products or services you order
If you purchase services from SCHINDLERZ, then you shall be charged if, and as, indicated by the Site. Details regarding payment plans are available on the Site. You are responsible for paying all taxes, government charges, and reasonable expenses and attorney fees SCHINDLERZ incurs in collecting late amounts. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODIC ALLOTMENTS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. Refunds (if any) are at the absolute discretion of SCHINDLERZ and only in the form of credit for SCHINDLERZ services. You acknowledge and agree that any credit card and related billing and payment information that you provide to SCHINDLERZ may be shared by SCHINDLERZ with companies who work on SCHINDLERZ’s behalf (such as payment processors and/or credit agencies) solely for the purposes of checking credit, effecting payment to SCHINDLERZ and servicing your account. SCHINDLERZ may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. SCHINDLERZ shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and SCHINDLERZ shall have no liability whatsoever therefore. Invoices may be provided to you via electronic mail, unless otherwise speciﬁed by SCHINDLERZ. If you purchase a subscription plan, you acknowledge and agree that SCHINDLERZ will charge you on a recurring basis until you cancel your subscription plan and such cancellation goes into effect, which may not be until the next billing cycle. The applicable billing cycle (e.g. monthly or annual, etc.) will depend upon the terms agreed upon.
2. Employer Services Including SCHINDLERZ Apply
You are responsible for the contents of your emails, application form, screener questions or their format, any Job Listings that you post, and any messages that you send through SCHINDLERZ Apply or otherwise, and agree that SCHINDLERZ is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that SCHINDLERZ may reject or remove any Job Listing, any part of any Company Page, or any questions for Job Seekers for any or no reason. SCHINDLERZ further does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. In the event a message being sent is intended for a closed account, these messages will not be deliverable. If you do not feel comfortable sending a message, including but not limited to an offer letter, to a Job Seeker through SCHINDLERZ’s relay functions, do not use the SCHINDLERZ functions and please contact the Job Seeker via the personal information provided in such Job Seeker’s resume or application or by whatever method you so choose. When using the SCHINDLERZ Apply function, SCHINDLERZ will attempt to send applications to the contact information provided to SCHINDLERZ by you, however, SCHINDLERZ has no ability to verify the contact information provided by you. In the event you provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Seekers, and you indemnify SCHINDLERZ for any damages resulting therefrom.
When you use the SCHINDLERZ Apply function for your Job Listings, you acknowledge and agree that SCHINDLERZ may add functions into the corresponding SCHINDLERZ Apply emails. In addition, SCHINDLERZ may, on your behalf, send out reminder emails to Job Seekers you wish to interview. SCHINDLERZ may also send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume. When you use screener questions, you may be given the option to instruct SCHINDLERZ to send out rejection notices if the Job Seeker has not answered the questions in the manner set forth in the online instruction. If you choose such option, you agree you are instructing us to send out rejection notices to such candidates and set them to rejected in your candidate dashboard. You further acknowledge that SCHINDLERZ has no discretion in the transmission or storage of these or all other rejection notifications (which is purely mechanical), that transmission or storage is not guaranteed, and that the Job Seeker may not have answered the screener questions accurately. When you use SCHINDLERZ’s candidate management tools, you may be given the option to send automatic rejection notices to candidates whose status you set to “rejected”. If you choose such option, you acknowledge that SCHINDLERZ has no discretion in the transmission or storage of rejection notices.
You agree that SCHINDLERZ may take action to try to identify and reduce spam applications, and that one method of doing so may include imposing a cover letter requirement for such applicants. SCHINDLERZ does not verify the identity of any Job Seekers who apply to your job listing, nor does SCHINDLERZ know a Job Seeker’s motivation for applying to your job listing, and thus provides no guarantee as to the Job Seeker’s qualifications or interest in your job listing. You agree that SCHINDLERZ Apply and SCHINDLERZ’s relay functions are presented to you without warranty and SCHINDLERZ assumes no responsibility for the communications between you and the Job Seeker, which communications are yours’ and the Job Seekers’ sole responsibility.
You shall indemnify, defend and hold harmless SCHINDLERZ, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Company Page created or claimed by you, or any Job Listing or screener questions (or answers thereto) posted by you, or any message sent by you (including any questions for Job Seekers contained in any of the foregoing). SCHINDLERZ may make Job Ad analytics data available on a Company Page or elsewhere on the Site, and may provide analytics data regarding your Employer account to anyone at your company at SCHINDLERZ’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any SCHINDLERZ product, SCHINDLERZ reserves the right to suspend or terminate your use of that SCHINDLERZ product as well as any other SCHINDLERZ product, including but not limited to those SCHINDLERZ products where you do not have an unpaid invoice or account balance. SCHINDLERZ may elect to apply (i) penalties for late payment as per contemporaneous US Federal Reserve interest rates plus 10% or the maximum interest permitted by law, whichever is lower and (ii) a statutory lump-sum indemnity for recovery cost, if provided for under applicable laws, and (iii) any reasonable expenses and attorney fees SCHINDLERZ incurs collecting such late payments.
When you view, send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, SCHINDLERZ may, for example, use such materials for data analysis, quality control, or to refine the Site or any other SCHINDLERZ product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When you view, send, store or receive materials through or using the Site or when you simply use or visit the Site, SCHINDLERZ may inform a Job Seeker that you have taken an action, for example, with regards to a Job Ad, Job Seeker’s Resume, or application such as pausing or closing a Job Ad, opening the Resume or application, viewing the Resume or application, responding to the Resume or application, and making a decision with regards to the application or Job Ad, and you hereby consent to SCHINDLERZ taking such actions.
SCHINDLERZ, in its sole discretion, may add labels or badges to Employer names or Job Ads, such as, “Responsive Employer” or “Active Employer”. Employers may also request that SCHINDLERZ add such labels. SCHINDLERZ shall determine the method by which such labels or badges are determined or which Employers qualify. The lack of a label or badge may indicate that SCHINDLERZ does not have sufficient data to determine if an Employer qualifies.
3. Job Match
SCHINDLERZ may use Job Seekers’ application materials (including resumes and responses to screener questions) and the recency of their activity on SCHINDLERZ to determine whether the words of their resume and answers to screener questions match the words of your Job Listing or Resume query, and vice-versa. You further agree and consent that SCHINDLERZ may differentiate those matching resumes and screener questions from those that do not match, and present them to you as matches or not matches. SCHINDLERZ may also use such information in order to improve the Site or any other SCHINDLERZ product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers).
4. Salary Information Provided by SCHINDLERZ
SCHINDLERZ may provide some information and content to users for informational purposes only. For example, SCHINDLERZ may provide Job Seekers with data regarding estimated salaries for a given Job Listing, number of applies to a Job Listing, responses to certain screener questions for a Job listing, or provide you with estimated applies to your Job Listing. All such figures provided by SCHINDLERZ are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. With respect to information regarding estimated applies, if you are participating in the SCHINDLERZ Ads Program, please note that this is not the information you are purchasing from SCHINDLERZ and you are not charged per apply. SCHINDLERZ may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third-party submissions to SCHINDLERZ, including from SCHINDLERZ affiliates. These figures are given to SCHINDLERZ users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures. SCHINDLERZ may also provide data regarding impressions in relation to your job ad. Such figures are provided for informational purposes only, are subject to change at any time, and SCHINDLERZ does not guarantee their accuracy. SCHINDLERZ reserves the right to change the method of measuring such figures at any time.
5. Screening Tools
SCHINDLERZ may make available to you screening tools for your use during the application process, including screener questions. SCHINDLERZ is licensing these tools to you for your use as you determine. By using any screening product, made available to you by SCHINDLERZ, you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you, and are not being asked by SCHINDLERZ. You are the sole party to determine which answers will qualify a candidate. You are solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law. SCHINDLERZ 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. You agree to indemnify SCHINDLERZ for any and all claims arising out of your use of a Screening Tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or similar or equivalent law, or that such Screening Tool results in a “disparate impact”.
6. Communication through SCHINDLERZ
You may receive messages, emails or email notifications corresponding with your or a Job Seeker’s activity on or use of the Site SCHINDLERZ Apply, 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, and you should not rely on them. For example, if you wish to interview a Job Seeker, it is your responsibility to follow up with the Job Seeker separately to ensure they know about the interview; do not rely on notifications through SCHINDLERZ. SCHINDLERZ may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address to the Job Seeker. Once a Job Seeker has your contact information, you agree that SCHINDLERZ is not responsible or liable for the manner in which the Employer uses the information. Should you choose to send an email from a third party email client, the person with whom you’re communicating may be able to see your email address, rather than the alias. SCHINDLERZ 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.
Specifically, if you post a Job Listing directly on SCHINDLERZ, applications are sent only to your SCHINDLERZ dashboard; any other notifications you may receive are provided solely as a courtesy to you. For example, you may not receive application email notifications if a Job Seeker has not answered screener questions correctly, although these applications will be sent to your SCHINDLERZ dashboard.
7. Company Pages
When you post a Job Ad directly on SCHINDLERZ or submit a request for a landing page on SCHINDLERZ, SCHINDLERZ may automatically generate for you a Company Page. You understand that SCHINDLERZ may display publicly available information about your company on the Company Page, in accordance with applicable law. Company Pages allow User Content (as defined below) to be posted by individuals (through a SCHINDLERZ affiliate website) that may not be affiliated with the Company that owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Additionally, SCHINDLERZ may include all of your Job Ads posted on the Site on your Company Page, including but not limited to those posted directly on SCHINDLERZ as well as those indexed by SCHINDLERZ. You agree that you are solely responsible for any content you edit or put on a Company Page, whether generated by or for you, including but not limited to photograph(s) or videos you provide, and third-party websites reachable from content you put on a Company Page.
8. 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 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 California, if you are located in the United States; Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Orange County, California, U.S.A., if you are located in the United States; Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in: Orange County, California, U.S.A., if you are located in the United States or you are located elsewhere.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from SCHINDLERZ. If you intend to propound discovery seeking user information from SCHINDLERZ, you agree to do so pursuant to a valid federal, California or California domesticated request, addressed to and properly served at our registered agent in California. You further agree to submit to the personal jurisdiction of the appropriate California 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.
10. Class Action Waiver
By using the Site and in return for the services offered by SCHINDLERZ, you acknowledge that SCHINDLERZ 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 SCHINDLERZ 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 SCHINDLERZ regarding your use of the Site. 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, subject to Section 8 above.
Terms of Service for All Users
The following terms and conditions apply to all Job Seekers, Employers, and other users who access or use the Site (whether directly or via any API), or otherwise indicate their acceptance to this Agreement.
1. Accessing External Sites
The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites” or “External Site”). You acknowledge that SCHINDLERZ is not responsible or liable for any such third parties or for the availability of, or the materials located on or through any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.
In addition, SCHINDLERZ may provide you with links to third party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such third party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided by these third parties, and disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party. You may be notified on the site that these are third-party sites and services, and not SCHINDLERZ.
For example, SCHINDLERZ may provide you with access to a link on SCHINDLERZ to background check services offered and performed by a third party (each a “Third-Party Background Check Service”). This service may be offered in the form of permitting a Jobseeker to request their own background check or permitting an Employer to request a background check of a Jobseeker. If you choose to use this link and these services, you are contracting directly with the Third-Party Background Check Service, and SCHINDLERZ is not a party to this contract. Please note (and you acknowledge) that SCHINDLERZ cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate or store the background check reports provided by any Third-Party Background Check Service to you or to any other SCHINDLERZ user. SCHINDLERZ operates solely as a technical conduit, allowing the transmission of background checks sent by a Third-Party Background Check Service to you. Further, you agree to fully indemnify and defend SCHINDLERZ for any claims arising out of your use of a Third-Party Background Check Service’s services or a background check provided to you by a Third-Party Background Check Service.
Please note that while this Agreement describes SCHINDLERZ’s services generally, services may differ by availability, and you should check the Site in your location to see which services are available to you. For example, while some parts of this Agreement describe matching services, SCHINDLERZ does not offer any matching services in Japan.
2. Using our Site
When you use the Site, you agree to SCHINDLERZ knowing, processing, analyzing, and recording any and all activities you take on the Site and any and all interactions and communications you have with, on, or through the Site, including, but not limited to, knowing, processing, analyzing, and recording which areas of the Site you visit (including without limitation URLs), which content you view, which info you input, whether and where you click, scroll, hover-over, mouseover, or otherwise interact with or communicate with or through the Site, the timing of each activity, and time spent on each activity. You agree that SCHINDLERZ may use third-party vendors to create, store, process, analyze, and record any and all such interactions, activities, and communications made with, on, or through our Site. The Site cannot work as SCHINDLERZ intends it to work unless SCHINDLERZ undertakes such activities. If you do not want your actions to be processed, analyzed, or recorded this way, do not use the Site.
Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling) is prohibited. SCHINDLERZ reserves the right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorized use of the Site. If you wish to make commercial use of the Site, if you wish to make use of the Site in any capacity other than that of a Jobseeker or Employer, or if you wish to purchase SCHINDLERZ services that utilize the Site, you must have a prior written agreement with SCHINDLERZ to do so, or have accepted SCHINDLERZ’s online terms of service. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason.
3. User Content
Some parts of the Site, such as message boards and forums or job posting pages, may allow users to post content like Job Listings, resumes, information, text, images, audio, video, messages, and other materials (any such materials that a user submits, posts, displays, or otherwise makes available on or through the Site, or any materials that a user submits to SCHINDLERZ, including where it is stated that such materials may be posted on the Site or a third-party website, including, but not limited to, mobile apps, are referred to herein as “User Content”). Such functionality is designed to help users obtain career and company information, to let users know of jobs, to provide information about potential job candidates, and facilitate other communication. User Content is provided by third-party contributors, many of whom may use anonymous screen names. User Content may be inaccurate, incomplete, misleading or deceptive. For example, the Site makes available Company Pages, which allow User Content to be posted on SCHINDLERZ affiliate websites by individuals that may not be affiliated with the Company who owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. SCHINDLERZ does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. Some elements of SCHINDLERZ job search results pages may appear to be content produced by SCHINDLERZ, but are actually a reproduction of user-generated search queries. Job Ads or other User Content may be reformatted or include words such as “Powered by Indeed”. Such content retains its status as User Content despite reformatting or addition of “Powered by Indeed” or a similar phrase. You acknowledge that by accessing the Site, you may come into contact with content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that SCHINDLERZ shall have no liability with respect to such content.
You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, advertisements (other than Job Advertisements permitted by this Agreement), solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.
You are prohibited from posting any User Content containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. SCHINDLERZ may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information. SCHINDLERZ reserves the right to change the display of resume on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements.
Although SCHINDLERZ has no obligation to do so, SCHINDLERZ may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in SCHINDLERZ’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific portion of the Site on which it is posted, or that is an advertisement, recruiting or other commercial message (other than Job Advertisements permitted by this Agreement), or that SCHINDLERZ deems in its sole discretion to be inappropriate. SCHINDLERZ may limit your use of the Site, including but not limited to, your ability to contact other Employers or Job Seekers. If you believe that any User Content violates this Agreement or our policies, please contact SCHINDLERZ immediately so that we may have the opportunity to consider its removal. You acknowledge and agree that SCHINDLERZ does not have any obligation to host or remove any User Content, and i) the interpretation of whether any User Content violates any SCHINDLERZ policy, ii) whether to publish or to withdraw from publication any User Content, and iii) whether to exclude any material that any party seeks to post on SCHINDLERZ, will always remain within the sole discretion of SCHINDLERZ. You agree that SCHINDLERZ has no liability to you or anyone else arising from its editorial decisions. You acknowledge and agree that SCHINDLERZ is an interactive computer service and does not have any obligation to screen any User Content, or to include any User Content (including without limitation Job Ads) in its search results or other listings, and may exclude or remove any User Content from publication for any or no reason.
SCHINDLERZ reserves the right to disclose all User Content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that SCHINDLERZ may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information. When you post on SCHINDLERZ confidentially or otherwise (e.g. anonymous Company Reviews or a confidential Job Ad), your identity may be discoverable by legal request, including, but not limited to, requests from the government or law enforcement.
Without limiting the generality of the foregoing, SCHINDLERZ reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing that directly or indirectly discriminate against Job Seekers or otherwise violate applicable law.
Please note: Section 230 of the U.S. Communications Decency Act provides that:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil liability
No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).
4. License to User Content and Feedback
Only to the extent permitted by law, you grant SCHINDLERZ a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, transferable, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content you post or submit, for the purpose of publishing material on the SCHINDLERZ website or its publishers, maintaining the SCHINDLERZ website and promoting SCHINDLERZ and such User Content without restriction. You understand that no compensation in any form shall be due or payable to you in connection with SCHINDLERZ’s exercise of its rights under the license granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, SCHINDLERZ’s exercise of these rights, you hereby waive any and all rights to such compensation.
Furthermore, you grant to SCHINDLERZ, its affiliates, and sublicensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any SCHINDLERZ marketing materials containing or incorporating such User Content, or (iii) any actions by SCHINDLERZ to promote or publicize such User Content (e.g. Job Listings), including without limitation on third-party websites and the use of keywords in third-party internet search engines. To any extent that such User Content contains your name, likeness, voice or image, you hereby irrevocably waive all legal and equitable rights relating to claims for violation of your rights of publicity (or any similar claims) arising directly or indirectly from SCHINDLERZ’s exercise of its rights pursuant to the license granted hereunder.
You represent and warrant that: (i) you own the User Content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless SCHINDLERZ and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow SCHINDLERZ to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content. There may be a charge for answering and executing such a request; please contact SCHINDLERZ for more details.
At your discretion, you may provide feedback and related materials to SCHINDLERZ concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to SCHINDLERZ a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that SCHINDLERZ may disclose any or all Feedback to any third party in any manner, and you agree that SCHINDLERZ may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place SCHINDLERZ under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, SCHINDLERZ does not waive any rights to use similar or related ideas previously known to SCHINDLERZ, or developed by its employees, or obtained from sources other than you.
5. Rules for Using Our Site
You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by SCHINDLERZ, unless you have been specifically allowed to do so in a separate, written agreement with SCHINDLERZ. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with SCHINDLERZ, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. Using or providing any false, fake, or fictitious name or contact information in connection with the Site is grounds for immediate termination of your SCHINDLERZ account and ability to use the Site. You agree that you are solely responsible for (and that SCHINDLERZ has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which SCHINDLERZ may suffer) of any such breach.
You agree that you shall not transmit to SCHINDLERZ or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:
- Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
- sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;
- imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
- data mining the Site or any content, service, or property provided by SCHINDLERZ “SCHINDLERZ Property”;
- sending messages to users who have asked not to be contacted;
- selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and
- using SCHINDLERZ Resume contacts in violation of SCHINDLERZ policy, as determined by SCHINDLERZ, including, for example, as indicated by low response rates from those persons contacted.
- Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same. SCHINDLERZ may block the transmission of such content.
- Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.
- Conduct or forward pyramid schemes or similar programs.
- Transmit content that may be harmful to minors.
- Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.
- Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission. Users who repeatedly post intellectual property owned by others will be banned from SCHINDLERZ.
- Violate the legal rights (such as rights of privacy and publicity) of others.
- Promote or encourage illegal activity.
- Interfere with other SCHINDLERZ users’ enjoyment of the Site.
- Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses.
- Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any SCHINDLERZ account.
- Modify, adapt, translate, or reverse engineer any portion of the Site.
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.
- Reformat or frame any portion of the web pages that are part of the Site without SCHINDLERZ’s explicit written permission.
- Contact other SCHINDLERZ users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics SCHINDLERZ considers detrimental to its users.
- Create multiple SCHINDLERZ accounts without permission.
- Create multiple SCHINDLERZ accounts not under your corporate or company name, in order to attempt to achieve higher visibility in the free-to-post system.
- Bypass any limitations or suspensions of functionality.
- Provide false information.
- Scrape the SCHINDLERZ Resume database
- Scrape or otherwise replicate any SCHINDLERZ content for competitive purposes
- Use ad blocking or similar software in connection with your use of the Site, if and only to the extent that such software interferes with or prevents the display of Job Ads.
SCHINDLERZ reserves the right to use any User Content (including the content of messages or material sent through or to the Site or SCHINDLERZ) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. SCHINDLERZ reserves the right to use a variety of methods to detect and block the above anomalous activity and to screen User Content to prevent abuse such as spam or fraud. However, such detection methods are not perfect and false positives may occur. If you use the Site, you agree to SCHINDLERZ enforcing the above rules or attempting to prevent spam, fraud, or other anomalous activity. Such measures may result in a temporary or permanent suspension or termination of your account, of your access to SCHINDLERZ’s message relay, or of your use of any other functions of the Site, with or without notice. SCHINDLERZ shall not be responsible or liable for any such suspension or termination, including any consequences thereof.
We reserve the right to not deliver any message, including, but not limited to, job applications, that SCHINDLERZ suspects to be malicious or spam, for fraud mitigation, or for any reason. This includes but is not limited to messages with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .so, .dll, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment or any other attachment containing scripts, macros, or other code. SCHINDLERZ further reserves the right to conduct investigations to determine whether you are perpetrating a scam, spamming SCHINDLERZ or its users, or otherwise conducting fraudulent activity on SCHINDLERZ by various means, including but not limited to investigating your functionality by setting up profiles and names that belong to SCHINDLERZ. SCHINDLERZ reserves the right to turn over any information gathered via such investigations to the police or other third party if SCHINDLERZ has a good faith belief that you are using the Site in violation of these terms.
You may not use the Site, or otherwise exchange services or money with SCHINDLERZ, if you appear on any of the following lists administered by the United States Government: (a) Bureau of Industry and Security, U.S. Department of Commerce, Denied Persons List; (b) Bureau of Industry and Security, U.S. Department of Commerce, Unverified List; (c) Defense Trade Controls –List of Debarred Parties; and (d) Specially Designated Nationals, Terrorists, Narcotics Traffickers, Blocked Persons and Vessels List; and (e) Bureau of Industry and Security, Department of Commerce, The Entity List. If you appear on such a list, SCHINDLERZ may terminate this Agreement and your license to use the Site without any further obligations to you whatsoever.
6. Registering with and Contacting SCHINDLERZ
Some areas of the Site, including areas that may permit you to set up a SCHINDLERZ account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. Please note that any individuals with whom you have shared your username and password and who are able to answer verification questions about your SCHINDLERZ account may receive access to information regarding your SCHINDLERZ account. You are advised to safeguard important data and to not upload confidential information on the Site. We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs. SCHINDLERZ encourages you to enable two-factor authentication on your account. If you do not enable two-factor authentication on your account, please be aware that you are proceeding at your own risk. If someone obtains unauthorized access of your account, they may have the ability to contact users or take other actions through your account, and SCHINDLERZ may have only limited ability to remedy such situations.
You agree that SCHINDLERZ may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your SCHINDLERZ account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to SCHINDLERZ or that SCHINDLERZ may otherwise obtain from third-party sources. By providing SCHINDLERZ with a mobile phone number, you confirm that you are the primary user and subscriber to the telephone number entered, and you expressly consent to receiving communication via such mobile number. If you are a Job Seeker who provided your phone number in connection with your job application, you agree the Employer may contact you at that number. When you give SCHINDLERZ a mobile number and consent to receiving communication, such communications are inherent to the services you have signed up for. To revoke consent at any time, reply to the text with STOP or contact SCHINDLERZ Customer Support. For clarity, you agree and understand that texting STOP in response to a SCHINDLERZ SMS alert will unsubscribe you from SCHINDLERZ SMS alerts. However, you may continue to receive texts related to some offerings to which you have subscribed. In order to unsubscribe from these, you must respond STOP within the specific text flows of those offerings. You may also revoke your consent by terminating the Agreement through closing your SCHINDLERZ account. By enabling two step verification, you verify that you are the owner of the phone number you provided. Revoking consent by replying STOP or terminating the Agreement does not apply to a phone number that an Employer already has that you provided as part of a job application. Once an Employer has your phone number, you agree that SCHINDLERZ is not responsible or liable for the manner in which the Employer uses the number.
7. Disclaimers of Warranties
SCHINDLERZ disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the SCHINDLERZ search results (including Jobs Listings) or otherwise made available on the Site by SCHINDLERZ or third parties (including User Content), regardless of whether paid for or used for free. SCHINDLERZ disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by SCHINDLERZ for informational purposes only, including but not limited to, SCHINDLERZ Analytics data like estimated applies or organic traffic, and salary information. You acknowledge you are not paying SCHINDLERZ for the aforementioned information. SCHINDLERZ disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including User Content). SCHINDLERZ does not guarantee that the Site will always be error free, safe, or secure. SCHINDLERZ further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall SCHINDLERZ be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall SCHINDLERZ be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from SCHINDLERZ’s Site.
SCHINDLERZ further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by SCHINDLERZ as a result of technical problems or traffic congestion on the Internet or any third party website or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services. Under no circumstances will SCHINDLERZ be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.
THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, CAREER GUIDE, USER CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. YOU USE SCHINDLERZ AND THE SITE AT YOUR OWN RISK. SCHINDLERZ AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SCHINDLERZ AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, FEATURES, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. SCHINDLERZ AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY SCHINDLERZ. SCHINDLERZ IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.
8. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL SCHINDLERZ OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF SCHINDLERZ OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF SCHINDLERZ AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID SCHINDLERZ TO USE THE SITE.
Without limiting the foregoing, under no circumstances shall SCHINDLERZ or its affiliates, or its or their third-party licensors, be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or indirectly, or results from acts, causes, forces or circumstances beyond its or their control, including, without limitation, the following force majeure events: (a) acts of God or natural catastrophes or forces, (b) flood, fire, storm, earthquake, epidemics, explosion or other similar events; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrections, other civil unrest or disturbances, military disturbances or sabotage; (d) government action, order, law or regulation or orders of domestic or foreign courts or tribunals; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor disputes or stoppages or slowdowns or other industrial disturbances or shortage of labor or materials; (i) breakdown, interruptions, loss., fluctuations or malfunctions of utilities (including heat, light or air conditioning), communications, computers (software and hardware, and including, but not limited to, computer viruses), or telephone communication services; (j) internet, computer equipment, telecommunication equipment, electrical power or other equipment or mechanical failures or shortages; (k) loss of data due to power failures or mechanical difficulties with information storage or retrieval systems; (l) non-performance of third parties; and (m) other events beyond the control of SCHINDLERZ.
9. Claims of Infringement
U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by SCHINDLERZ infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow SCHINDLERZ to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send SCHINDLERZ a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to Par6. Attn: SCHINDLERZ Copyright Agent. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us.
10. Governing Law and Dispute Resolution
If you are neither a Job Seeker nor an Employer as defined in this Agreement and are not using the Site as intended by SCHINDLERZ, this Agreement 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 Orange County, California, U.S.A.
11. Severability and Reformation
Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
12. Filtering for Minors
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Please note that SCHINDLERZ does not endorse any of the products or services listed on such sites.
13. Use of Site by Minors
The Site is not for use by anyone under the age of 16. However, if local laws provide for an alternative minimum age for SCHINDLERZ to lawfully provide the services in the Site to you, then that shall apply as the applicable minimum age. In all jurisdictions outside the European Union, if you are under the age of 18 or the age of majority in your jurisdiction, you must use SCHINDLERZ under the supervision of your parent, legal guardian or responsible adult. SCHINDLERZ adopts a range of measures to try to ensure that we do not accept individuals who do not meet the minimum age and any other applicable age requirements.
14. Using e-Signature
Some pages on the Site may offer an e-signature option, which is powered by a third-party service provider. By using e-signatures on the Site, you agree that your e-signature is intended to authenticate the document you’re signing, and your e-signature will have the same force and effect as a manual signature. SCHINDLERZ disclaims all warranties associated with e-signatures, including any errors associated with the software or the validity of the signature. SCHINDLERZ is not a legal record keeper. Your use of e-signatures is at your own risk, and it is your responsibility to ensure that your document is received and to retain your own copies.
15. Beta Products
SCHINDLERZ may offer beta test products or features on our Site. You will know that a product or feature is offered on a beta or test basis because the product name or feature will state that it is offered on a beta or test basis or the name will include the word “beta.” These beta test products or features may be offered in limited quantities, in limited locations, and for a limited time. SCHINDLERZ may discontinue or cancel all or part of a beta product or feature at anytime without prior notice to you. ANY BETA PRODUCT OR FEATURE IS IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, IS BELIEVED TO CONTAIN DEFECTS, AND A PRIMARY PURPOSE OF THIS BETA TEST IS TO OBTAIN FEEDBACK ON THE PRODUCT PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT OR FEATURE OR ACCOMPANYING MATERIALS. If you have been invited to test a beta product or feature, you agree that, unless otherwise specifically provided herein or agreed by SCHINDLERZ in writing, any beta product or feature and any documentation provided corresponding with a beta product or feature constitute confidential proprietary information of SCHINDLERZ. You shall permit only authorized users, who possess rightfully obtained access to any beta product or functionality, access to the beta product or functionality or any corresponding documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of SCHINDLERZ.
16. Questions or Complaints
If you have a question or complaint regarding the Site, please use our SCHINDLERZ Contact Page.
This Agreement (including any other section of this Agreement) constitutes the entire agreement between the parties with respect to the subject matter hereof, including any and all provisions applicable to the parties, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by SCHINDLERZ. This Agreement, together with any amendments and any additional agreements you may enter into with SCHINDLERZ in connection with the Site, shall constitute the entire agreement between you and SCHINDLERZ concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and a SCHINDLERZ employee shall not constitute an amendment or alteration of this Agreement.
By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. or other export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo, sanctions, or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users; or (c) the subject of sanctions consistent with U.S. law imposed by the government of the country where you are using SCHINDLERZ. If (a), (b), or (c) applies to you, you may not use the Site or Services, and SCHINDLERZ may terminate this Agreement and your access to the Site and Services without any further obligations to you whatsoever. The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of SCHINDLERZ’s proprietary rights in them.
You understand and acknowledge that SCHINDLERZ or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. SCHINDLERZ reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.
In the event of any irreconcilable conflict between these SCHINDLERZ Terms of Service and other subset of terms as applicable to you, the other subset of terms as applicable to you will govern.
Any notices to SCHINDLERZ must be sent to SCHINDLERZ’s registered agent in Orange County California. Par6. Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your SCHINDLERZ Ads interface).
You may not assign or delegate any of your rights or obligations hereunder without SCHINDLERZ’s prior written consent and any such attempt is void. SCHINDLERZ may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, SCHINDLERZ may assign any agreement between you and SCHINDLERZ to any related SCHINDLERZ entity by informing you of such assignment. SCHINDLERZ and you are not in a legal partnership, agency relationship, or employment relationship. When SCHINDLERZ provides the Site or any related services to you, SCHINDLERZ does so solely in its capacity as a service provider.
18. The SCHINDLERZ Apps
By using any of the SCHINDLERZ Apps, including but not limited to the SCHINDLERZ JobMap, SCHINDLERZ Resume Search, SCHINDLERZ Employer, or others, you agree that all of the terms and conditions found herein apply to your use of the SCHINDLERZ App. Additionally, you agree that the SCHINDLERZ App may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications. By downloading and using the SCHINDLERZ App, you are asking SCHINDLERZ to make formatting changes to any Job Listings as they appear on your phone, in order to enable you to utilize your SCHINDLERZ Resume. You further acknowledge that your use of the SCHINDLERZ Apps may require use of your data plan from your cellular provider. You are responsible for payment of all data usage accrued based on your use of the SCHINDLERZ App, and SCHINDLERZ disclaims all responsibility for such data usage. In addition, if you allow SCHINDLERZ Apps to utilize location services, the SCHINDLERZ Apps may suggest to you and collect from you information based on your geographic location. The legal entity that ( i) provides any services to you through the SCHINDLERZ Apps, (ii) owns or licenses the intellectual property rights to any of SCHINDLERZ Apps and/or (iii) has access or controls any personal data through the SCHINDLERZ Apps may at times be an affiliate of SCHINDLERZ, even if the entity identified as the application developer on any of the application marketplaces is Par6.