Terms of Service
Last modified: April 22, 2020
Using People First Jobs Means Accepting these Terms
By using the Service, you are acknowledging that you have read and have agreed to these Terms, so please read them carefully. We may need to update these Terms from time to time. Once any updated Terms are posted here, you will be bound by them if you continue to use the Service, therefore you are expected to check this page frequently so that you are aware of any changes. If you do not agree to our updated Terms, you must immediately cease your use of the Service.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority, you must not accept these Terms or use the Service on behalf of such entity.
You must be 13 years of age or older to visit or use the Site and/or the Service in any manner, and, if under the age of 18 or the age of majority as that is defined in your jurisdiction, you may only use the Site and/or the Service under the supervision of a parent, legal guardian or other responsible adult.
Privacy and Communications
You acknowledge and agree that Wildbit may send you e-mails related to your use of the Service. You agree that Wildbit can use your company name or logo in its advertising unless and until you tell us in writing not to.
Compliance with Laws
You must comply with all applicable laws and regulations in connection with your use of the Service, including but by no means limited to complying with applicable privacy laws (e.g., GDPR, CCPA).
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED “AS IS” AND YOU USE IT AT YOUR OWN RISK. WILDBIT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF NON-INFRINGEMENT.
WE TRY TO KEEP THE SERVICE BUG-FREE AND SAFE, BUT WILDBIT DOES NOT WARRANT OR ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS- FREE OPERATION OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU SHALL NOT BE ENTITLED TO MAKE ANY CLAIM BASED ON WILDBIT’S FAILURE, IRRESPECTIVE OF FAULT, TO PROVIDE ANY OF THE FOREGOING. LIKE WE SAID, YOU USE THE SERVICE AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, THE SERVICE IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL- SAFE CONTROLS, INCLUDING WITHOUT LIMITATION OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION/COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. IF SOMEONE’S LIFE OR THE FATE OF THE FREE WORLD DEPENDS ON YOUR USE OF THE SERVICE, PLEASE DO NOT USE THE SERVICE.
Employers are solely responsible for their postings through the Service. We are not responsible FOR THE CONTENT OF SUCH POSTINGS (INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF SUCH CONTENT) OR for any employment decisions, for whatever reason, made by any entity posting jobs through the Service.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF PARTICULAR WARRANTIES, AND, TO THAT EXTENT, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT YOU LIVE IN A JURISDICTION THAT REFUSES TO ENFORCE THE FOREGOING DISCLAIMERS, WILDBIT DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL WILDBIT BE LIABLE TO THE USER OR THIRD PARTIES FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROFITS OR LOSS, CORRUPTION AND/OR ALTERATION OF DATA) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR DATA AND/OR YOUR USE OF THE, WHETHER IN AN ACTION IN CONTRACT, TORT, EQUITY OR OTHERWISE.
USER VOLUNTARILY ENGAGES IN THE ACTIVITY OF INTERNET USE AND BEARS THE RISKS ASSOCIATED WITH THAT ACTIVITY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR YOUR DATA THAT RESULTS FROM SUCH ACTIVITY. IN NO EVENT WILL WILDBIT HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR UNAUTHORIZED ACCESS TO OR USE, ALTERATION, CORRUPTION, THEFT OR DESTRUCTION OF YOUR DATA.
WILDBIT’S LIABILITY IS EXPRESSLY LIMITED FOR ANY REASON AND UPON ANY CAUSE OF ACTION TO THE AMOUNT YOU ACTUALLY PAID TO WILDBIT FOR THE SERVICE DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU CLAIM THE CAUSE OF ACTION ACCRUED.
SOME JURISDICTIONS’ LAWS PROHIBIT THE FOREGOING LIMITATION OF LIABILITY PROVISION. TO THE EXTENT THAT YOU LIVE IN A JURISDICTION THAT REFUSES TO ENFORCE THE FOREGOING PROVISION, WILDBIT’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
You agree to indemnify, defend and hold harmless Wildbit, its affiliates, and its and their respective officers, directors, employees, licensors or service providers from all actual or alleged from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from or related to your data, your use of the Service and/or any breach of these Terms by you. You further agree to defend, indemnify and hold harmless Wildbit, its affiliates, and its and their respective officers, directors, employees, licensors or service providers from all actual or alleged from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from or related to any claims by third parties that your data or your use of the Service infringes upon, violates or misappropriates any of their Intellectual Property Rights, discloses their Proprietary Information or violates and law or regulation.
Termination of Service
We reserve the right to terminate your use of the Service at any time and for any reason unless prohibited by law. Accordingly, we may, but have no obligation to, remove content containing what we determine, in our sole discretion, to be unlawful, inaccurate, offensive, threatening, defamatory, obscene or otherwise objectionable material. In the event of termination, you will lose all data related to your use of the Service.
Wildbit claims no intellectual property rights over the data you provide to the Service. You acknowledge and agree that Wildbit owns all right, title and interest in and to the Service, including without limitation all intellectual property rights. You agree that you will not copy, reproduce, alter, reverse engineer, clone, or modify the Service or create derivative works from the Service.
We respect the intellectual property rights of others and expects users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law (including the Digital Millennium Copyright Act or “DMCA” at 17 U.S.C. § 512) and are properly provided to us. If you would like the benefit of your legal protections under the DMCA, please review the DMCA to ensure your compliance. If you believe that content has been copied in a way that constitutes copyright infringement or the infringement of other intellectual property rights, please send us a written request to remove the allegedly-infringing content (a “takedown notice”). Each takedown notice must be in English and include the following information:
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
- Information reasonably sufficient to permit us to locate the material (e.g., the applicable uniform resource locator or “URL”).
- Your contact information, including your postal address, telephone number and an email address.
- A statement by you that you have a good faith belief that use of the content or other material in the manner complained of is not authorized by the copyright owner or other owner, its agent or the law.
- A statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner or other owner.
- A physical or electronic signature of the copyright owner, other owner or a person authorized to act on their behalf.
Following our receipt of a takedown notice, we may publish the takedown notice to the general public or provide a copy of the takedown notice to the user that uploaded or provided the content accused to be infringing (“Accused Content”). For any takedown notice that is subject to the provisions of the DMCA, the original provider of the Accused Content may have the right to send a notice to us (“counter notice”) demanding that the Accused Content be restored to the Site.
In compliance with the DMCA or other applicable law, we may implement any takedown notice by removing the Accused Content or other material from the Site, and we may implement any counter notice by restoring the Accused Content or other material to the Site. In either case, we shall bear no liability to you or anyone else for the posting, removal or re-posting of any Accused Content.
Independent of the DMCA and any other applicable laws or regulations, we reserve the right to remove any Accused Content at any time without prior notice, at our sole discretion, and without liability to you or anyone else. In appropriate circumstances, we may also terminate a user’s access to the Service if we determine the user to be a repeat infringer. Our designated copyright agent for sending takedown notices and counter notices is:
Wildbit, LLC, 2400 Market Street, Suite 235B, Philadelphia, PA 19103
If the Site or the Service contains links or references to other sites, applications or resources provided by third parties, those links are provided for your convenience only. Other web sites may also reference or link to our Site. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third party sites, applications or resources linked to or referred to in the Site or the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such sites, applications or resources.
Neither party shall be responsible for any failure to perform, or delay in performing any of its obligations under these Terms, where and to the extent that such a failure or delay results from causes outside the control of such party. Such causes shall include, without limitation, failures caused by a third-party service, acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion or the like.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
Dispute Resolution by Arbitration
YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, THE SITE AND/OR THE SERVICE SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) either of us may seek injunctive relief in state or federal court located in Philadelphia County, Pennsylvania concerning infringement, misappropriation or other violation by either of us of the other party’s Intellectual Property Rights, and (b) Wildbit may seek injunctive relief in state or federal court located in Philadelphia County, Pennsylvania concerning violation by a user of any of these Terms, and in both such cases (a) and (b), the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes (the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration shall be in Philadelphia, Pennsylvania, and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Choice of Law
You agree that all disputes related in any way to or arising from your use of the Service shall be governed, without respect to conflict of law principles, by the laws of the Commonwealth of Pennsylvania.
Limited Time to Bring a Claim
You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may wish to assert related in any manner to the Service must be filed within one (1) year after such claim or cause of action first accrued or be forever barred.