Candidate Terms of Service
Last Updated: February 1, 2024
Welcome, and thank you for your interest in MEDLEY US, Inc. (“MEDLEY,” “we,” or “us”) and our website at us.job-medley.com, along with our related websites, hosted applications, and other services provided by us (collectively, the “Service”). These Candidate Terms of Service are a legally binding contract between you as an individual job seeker and MEDLEY regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
YOU AGREE TO RECEIVE TEXTS/CALLS FROM OR ON BEHALF OF MEDLEY AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS/CALLS WILL INCLUDE SERVICE NOTIFICATIONS, CAREER SUPPORT, OPERATIONAL MESSAGES, AND INFORMATION REGARDING NEW JOB OPENINGS. YOU UNDERSTAND AND AGREE THAT THESE TEXTS/CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND MEDLEY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1. Jobley Service Overview
MEDLEY provides the recruitment platform Jobley with a focus on the medical and healthcare fields. Job seekers can interact with employers (“Employers”) through chat, audio call, video conference, or other online channels to explore job opportunities and arrange interviews. Our goal is not only to provide better matching for job seekers and employers but also to resolve the shortage of medical and healthcare personnel by facilitating the return to work of unemployed qualified workers and tackling the issue of uneven distribution in communities.
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service due to your violation of the Terms or any applicable laws; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
3. Accounts and Registration
To apply for or show interest in any job posts, or interact with any Employer on the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, state and city of residence, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at email@example.com.
4. Jobley Bonus
- Jobley Bonus Eligibility. Certain positions may be eligible for a sign-on bonus (“Jobley Bonus”) from MEDLEY in the event that (a) you are hired for that position through the Service, (b) your employment lasts for more than 60 days, and (c) you meet other criteria described in the job description for that position (“Bonus Requirements”). MEDLEY reserves the right to determine the amount of any Jobley Bonus at its sole discretion and will disclose the amount in the relevant job description. You must apply for the Jobley Bonus within 90 days from commencement of your employment and submit all necessary information requested by MEDLEY, including without limitation your email address in order to receive the Jobley Bonus. In addition, a completed W-9 form must be submitted to MEDLEY for income tax reporting, if required. Any application for Jobley Bonus received after 90 days from your commencement of employment will be automatically rejected.
- Jobley Bonus Payment. Upon receipt of your application and confirmation that you have satisfied the Bonus Requirements, MEDLEY will pay you the Jobley Bonus specified in the job description at the time you applied for the job opening. If the amount of the Jobley Bonus has changed since you applied for the job, the original amount at the time you submitted your job application will apply. You can apply for the Jobley Bonus by filling out the application form available in your account. All Jobley Bonuses will be paid in U.S. Dollars in the form of an Amazon.com eGift Card. You will receive a link to receive the Jobley Bonus via email. You must enter and keep your email address information accurate and up to date. MEDLEY is not responsible for any delay or failure to make the Jobley Bonus payment to you due to your breach of the foregoing sentence. In the event that you terminate your account or this Agreement before MEDLEY sends the Jobley Bonus to you, you will be disqualified from receiving the Jobley Bonus, even if MEDLEY has already approved your application.
- Limited License. Subject to your complete and ongoing compliance with these Terms, MEDLEY grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.
- License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service or any portion thereof or any content available through the Service; (b) make modifications to or derivative works of the Service or any portion thereof or any content available through the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
- Feedback. We respect and appreciate the thoughts and comments from our users. You may choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), MEDLEY may also ask you to fill out online surveys or other questionnaires regarding your use of the Service, which may ask you about your application status, job offer status, and employment status (“Survey Data”). MEDLEY may edit and publish the Survey Data on MEDLEY’s website on an anonymous and aggregated basis. You hereby grant MEDLEY an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback and Survey Data in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback or Survey Data you provide to us.
6. Ownership; Proprietary Rights
The Service is owned and operated by MEDLEY. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by MEDLEY (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of MEDLEY or its third-party licensors. Except as expressly authorized by MEDLEY, you may not make use of the Materials. There are no implied licenses in these Terms and MEDLEY reserves all rights to the Materials not granted expressly in these Terms.
7. Third-Party Terms
- Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
8. Candidate Content
- Candidate Content Generally. Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Service, including personal information, resumes, skills, messages, reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, data, text, and any other works of authorship or other works (“Candidate Content”). You retain any copyright and other proprietary rights that you may hold in the Candidate Content that you Post to the Service, subject to the licenses granted in these Terms.
- Limited License Grant to MEDLEY. By Posting Candidate Content to or via the Service, you grant MEDLEY a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, process, transfer, publicly display, publicly perform (including by means of a digital audio transmission), reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your Candidate Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed, including for the purposes of marketing, sales and promotion, except that MEDLEY will honor the choices you make through functionality of the Service about who can see messages or other information. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for Candidate Content Posted or otherwise used on external services via the Service. You agree to pay all monies owing to any person or entity resulting from Posting your Candidate Content and from MEDLEY’s exercise of the license set forth in this Section.
- Limited License Grant to Employers. By Posting Candidate Content to or via the Service and making it available to Employers on the Service, you grant Employers a non-exclusive license to access and use that Candidate Content as permitted by these Terms and the functionality of the Service.
- You Must Have Rights to the Content You Post; Candidate Content Representations and Warranties. You must not Post Candidate Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that Candidate Content. MEDLEY disclaims any and all liability in connection with Candidate Content. You are solely responsible for your Candidate Content and the consequences of providing Candidate Content via the Service. By providing Candidate Content via the Service, you affirm, represent, and warrant to us that:
- you are the creator and owner of the Candidate Content, or have the necessary licenses, rights, consents, and permissions to authorize MEDLEY and users of the Service to use and distribute your Candidate Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by MEDLEY, the Service, and these Terms;
- your Candidate Content, and the Posting or other use of your Candidate Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause MEDLEY to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties;
- your Candidate Content must be accurate, complete, and not-misleading, including information and materials related to your candidacy as a job seeker; and
- your Candidate Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
- Candidate Content Disclaimer. We are under no obligation to edit or control Candidate Content that you or other users Post and will not be in any way responsible or liable for Candidate Content. MEDLEY may, however, at any time and without prior notice, screen, remove, edit, or block any Candidate Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to Candidate Content from a variety of sources and acknowledge that Candidate Content may be inaccurate, offensive, indecent, objectionable, or racially, ethnically, religiously, or otherwise biased. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against MEDLEY with respect to Candidate Content. If notified by a user or content owner that Candidate Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Candidate Content, which we reserve the right to do at any time and without notice. For clarity, MEDLEY does not permit infringing activities on the Service.
- Text Messaging & Phone Calls. You agree that MEDLEY and those acting on our behalf may call and send you text (SMS) messages at the phone number you provide us. These calls and messages may include operational calls or messages about your use of the Service, as well as marketing calls or messages. Calls and text messages may be made or sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING CALLS AND TEXT MESSAGES FROM MEDLEY, YOU CAN EMAIL firstname.lastname@example.org OR TEXT THE WORD “STOP” OR “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. “STOPALL” WILL ALSO UNSUBSCRIBE YOU FROM RECEIVING MARKETING EMAILS FROM MEDLEY. IF YOU WISH TO OPT OUT OF ALL CALLS AND TEXT MESSAGES FROM MEDLEY, YOU CAN EMAIL email@example.com OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing calls and texts is not a condition of any purchase on or use of the Service.
- Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
10. Prohibited Conduct
BY USING THE SERVICE, YOU AGREE NOT TO:
- apply for a job with an Employer when you do not intend to work for the Employer;
- use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;
- violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
- access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by MEDLEY;
- interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
- interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or otherwise provide false information to MEDLEY;
- sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials;
- cooperate with an Employer's fraudulent act, including concealing the fact that the Employer has hired you through the Service; provided, that you will not be held responsible for an Employer’s fraud if you promptly report to MEDLEY after becoming aware of such fraud;
- apply for Jobley Bonus when you do not intend to continue your employment for 60 days or more;
- using information obtained from the Service to engage in recruiting activities outside of Jobley;
- attempt to do any of the acts described in this Section 10 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 10 (Prohibited Conduct).
11. Intellectual Property Rights Protection
- Respect of Third Party Rights. MEDLEY respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
- DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:
MEDLEY US, Inc.
Attn: Legal Department (IP Notification)
500 108th Avenue NE, Suite 1750, Bellevue, WA 98004
- Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property right that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.
Your Notification of Claimed Infringement may be shared by MEDLEY with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to MEDLEY making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
- Repeat Infringers. MEDLEY’s policy is to: (a) remove or disable access to material that MEDLEY believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. MEDLEY will terminate the accounts of users that are determined by MEDLEY to be repeat infringers. MEDLEY reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
- Counter Notification. If you receive a notification from MEDLEY that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide MEDLEY with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to MEDLEY’s Designated Agent through one of the methods identified in Section 11.2 (DMCA Notification), and include substantially the following information:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which MEDLEY may be found, and that you will accept service of process from the person who provided notification under Section 11.2 (DMCA Notification) above or an agent of that person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
- Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to MEDLEY in response to a Notification of Claimed Infringement, then MEDLEY will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that MEDLEY will replace the removed Candidate Content or cease disabling access to it in 10 business days, and MEDLEY will replace the removed Candidate Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless MEDLEY’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on MEDLEY’s system or network.
- False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of MEDLEY relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” MEDLEY reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
12. Modification of Terms.
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your Candidate Content and discontinue your use of the Service. Except as expressly permitted in this Section 12 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
13. Term, Termination, and Modification of the Service
- Term. These Terms are effective beginning when you accept the Terms or first access or use the Service, and ending when terminated as described in Section 13.2 (Termination).
- Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically and immediately terminate. In addition, MEDLEY may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by canceling your membership on our website or contacting customer support at firstname.lastname@example.org.
- Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) your eligibility to receive any Jobley Bonus will automatically terminate, regardless of the status of your application for Jobley Bonus; and (d) Sections 5.3 (Feedback), 6 (Ownership; Proprietary Rights), 13.3 (Effect of Termination), 14 (Indemnity), 15 (Disclaimers; No Warranties by MEDLEY), 16 (Limitation of Liability), 17 (Dispute Resolution and Arbitration), and 18 (Miscellaneous) will survive. You are solely responsible for retaining copies of any Candidate Content you Post to the Service since upon termination of your account, you may lose access rights to any Candidate Content you Posted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.
- Modification of the Service. MEDLEY reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. MEDLEY will have no liability for any change to the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any Candidate Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to Candidate Content you Posted to the Service.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify MEDLEY, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “MEDLEY Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party (including between you and an Employer). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
15. Disclaimers; No Warranties by MEDLEY
- THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. MEDLEY, ITS SUPPLIERS AND SUBCONTRACTORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. MEDLEY DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND MEDLEY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
- MEDLEY DOES NOT GUARANTEE THAT YOU WILL SUCCEED IN FINDING A JOB OR CHANGING JOBS THROUGH THE USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR MEDLEY ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE MEDLEY ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. MEDLEY DOES NOT GUARANTEE THE LEGALITY, ACCURACY, OR APPROPRIATENESS OF THE JOB OPENINGS, THE ACCURACY OR USEFULNESS OF JOB DESCRIPTIONS, ADVERTISEMENTS, OR OTHER INFORMATION PROVIDED BY EMPLOYERS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER USERS OR EMPLOYERS. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING CANDIDATE CONTENT.
- THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 15 (DISCLAIMERS; NO WARRANTIES BY MEDLEY) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. MEDLEY does not disclaim any warranty or other right that MEDLEY is prohibited from disclaiming under applicable law.
16. Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MEDLEY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MEDLEY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
- EXCEPT AS PROVIDED IN SECTIONS 17.5 (COMMENCING ARBITRATION) AND 17.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE MEDLEY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO US$100.
- EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. Dispute Resolution and Arbitration
- Generally. Except as described in Section 17.2 (Exceptions) and 17.3 (Opt-Out), you and MEDLEY agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MEDLEY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
- Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending an email to email@example.com. that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once MEDLEY receives your Opt-Out Notice, this Section 17 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 18.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
- Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting MEDLEY.
- Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). MEDLEY’s address for Notice is: MEDLEY US, Inc., 500 108th Avenue NE, Suite 1750, Bellevue, WA 98004. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or MEDLEY may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, MEDLEY will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.
- Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or MEDLEY must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
- Arbitration Relief. Except as provided in Section 17.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by MEDLEY before an arbitrator was selected, MEDLEY will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
- No Class Actions. YOU AND MEDLEY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MEDLEY agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. If MEDLEY makes any substantive change to this arbitration provision, you may reject the change by sending an email to firstname.lastname@example.org. within 30 days of the change to MEDLEY’s address for Notice of Arbitration, in which case your account with Jobley will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
- Enforceability. If Section 17.8 (No Class Actions) or the entirety of this Section 17 (Dispute Resolution and Arbitration) is found to be unenforceable, or if MEDLEY receives an Opt-Out Notice from you, then the entirety of this Section 17 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2 (Governing Law) will govern any action arising out of or related to these Terms.
- Governing Law. These Terms are governed by the laws of the State of Washington without regard to conflict of law principles. You and MEDLEY submit to the personal and exclusive jurisdiction of the state courts and federal courts located within King County, Washington for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Washington, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
- Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
- Use of Subcontractors. MEDLEY may, at its discretion, delegate, outsource, or subcontract any part or all of the Service to a subcontractor of its choice; provided, that MEDLEY will remain liable for any and all damages or loss caused by the subcontractor under these Terms.
- Contact Information. The Service is offered by MEDLEY US, Inc., located at 500 108th Avenue NE, Suite 1750, Bellevue, WA 98004. You may contact us by sending correspondence to that address or by emailing us at email@example.com.
- Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
- No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
- International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
Information We Collect
We may collect a variety of information from or about you or your devices from various sources, as described below.
If you choose not to provide us with information we collect, some features of the Services may not work as intended.
A. Information You Provide to Us.
Registration and Profile Information. If you are a Candidate, when you sign up for an account and register to use the Services, we ask you for your name, email address, city, state and zip code you live in, phone number, current employment status and your preferred jobs. When you enrich your profile and create a resume on the Service, you generally provide education history, certifications, current and past jobs, and whether you have a professional license.
If you are an Employer, when you sign up for an account and register to use the Services, we ask you for your name, email address, street address, city, state, zip code, phone number, FAX number, pictures you upload and company name.
Application. If you are a Candidate, when you apply for a job available on the Services, we ask you for name, phone number, city, state and ZIP code you live in, current employment status, years of experience, qualifications, preferred interview dates, and licenses.
Communications. If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Support Team, Career Support Team or Sales Team, we may receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide. If you register to participate in a questionnaire, campaign, or any events hosted by MEDLEY, we may collect additional information about you, such as your name and contact information.
Call Recordings. If you call us, we may record the call for quality assurance purposes and to improve the Services.
Careers. If you decide that you wish to apply for a job with us, you may submit your contact information and your resume online through the Services. We collect from you the same information we collect from Candidates.
Jobley Bonus. If you are a Candidate and are successfully hired by an Employer, we may offer a small bonus (“Jobley Bonus”) after the Candidate starts working for the Employer and meets certain criteria described in Candidate Terms of Service. In order to make Jobley Bonus payment to you, we may ask the Candidate to submit a Form W-9 with the necessary information to complete a Form 1099, such as your Individual Taxpayer Identification Number (“ITIN”), bank account information, and home address.
B. Information We Collect When You Use the Services.
Device Information. We receive information about the device and software you use to access the Services, including internet protocol (“IP”) address, address, web browser type, operating system version, and device identifiers.
Usage Information. To help us understand how you use the Services and to help us improve them, we automatically receive information about your interactions with the Services, like the pages or other content you view, how far down you scroll on each page, the searches you conduct, your browsing history, other Users you interact with and the times, dates, and durations of your use of the Services. We also receive communications between Job Applicants and Employers, such as the messages sent to arrange interviews.
Location Information. When you use our Services, we may infer the general location information of our Users, for example by using your IP address.
Information from Cookies and Similar Technologies. We and our third-party partners collect information using cookies, pixel tags, or similar technologies. Our third-party partners, such as analytics and advertising partners, may use these technologies to collect information about your activities on the Services over time. Cookies are small text files containing a string of alphanumeric characters. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Services.
Please change your web browser’s settings to learn the proper way to modify your cookie settings. Please note that if you delete or choose not to accept cookies from the Services, you may not be able to utilize the features of the Services to their fullest potential.
C. Information We Receive from Third Parties
Partners. We may receive additional information about you from third parties, such as data or marketing partners and combine it with other information we have about you.
Other Users. We may receive additional information about you from other Users, including through customer support inquiries and from Users with whom you connect on the Services.
How We Use the Information We Collect
We use the information we collect for the following purposes:
- Authenticating Users to provide the Services;
- Providing the information to Employers that use the Services based on the Candidate’s consent;
- Monitoring for creating job postings, recruiting and accepting applications for Candidates;
- Communicating with you, providing you with updates and other information relating to the Services, providing information that you request, responding to comments and questions, and otherwise providing customer support;
- Contacting Employers to which Candidates apply to confirm employment status;
- Personalizing your experience on the Services such as by providing tailored content, targeted advertising, and recommendations;
- Understanding and analyzing how you use the Services and developing new services, features, and functionality;
- For marketing and advertising purposes, such as developing and providing promotional and advertising materials that may be relevant, valuable or otherwise of interest to you;
- Facilitating Jobley Bonus payments;
- Facilitating our questionnaires and campaigns, processing applications, contacting winners, and sending gifts;
- Providing communications, guidance, and necessary information for the operation and management of events, seminars (including virtual seminars), and other events hosted by MEDLEY;
- Finding and preventing fraud, responding to trust and safety issues that may arise, and investigating as necessary to ensure the security of the Services;
- Improving and enhancing the Services and fixing bugs;
- For compliance purposes, including enforcing our Candidate Terms of Service and Client Terms of Service or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and
- For other purposes for which we provide specific notice at the time the information is collected.
How We Share the Information We Collect
Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the Services.
Candidates. The Services consist of a job board in which you can search, share, and apply for jobs. If you are a Candidate, the Services allow you to communicate with Employers and apply for jobs with Employers. Certain information that you make available in the Services, such as your name, email address, city, state and ZIP code you live in, phone number, certifications, current and past jobs including years of experiences, and whether you have a professional license will be shared with Employers, if you apply to their jobs. We are not responsible for Employers’ or any other Users’ use of available information, so you should carefully consider whether and what to post on the Services.
Employers. If you are an Employer, the Services allow you to connect with Candidates who may be interested in your job postings. Certain information that you make available in the Services, such as your company name and other profile information will be viewable and searchable by other Users. We are not responsible for the Candidates’ or any other Users’ use of available information, so you should carefully consider whether and what to post on the Services.
Marketing. We do not rent, sell, or share information about you with non-affiliated companies for their direct marketing purposes, unless we have your permission.
Analytics Partners. We use analytics services such as Google Analytics and BigQuery to collect and process certain analytics data. You can learn more about Google’s practices by visiting https://www.google.com/policies/privacy/partners/. To help us understand how you use the Services and to help us improve it, we automatically receive information about your interactions with the Services, like the pages or other content you view, the searches you conduct, and the messages you send.
Advertising Partners. We work with third-party advertising partners to show you ads that we think may interest you. Some of our advertising partners are members of the Network Advertising Initiative (https://optout.networkadvertising.org) or the Digital Advertising Alliance (https://optout.aboutads.info). If you do not wish to receive personalized ads, please visit their opt-out pages to learn about how you may opt out of receiving web-based personalized ads from member companies. You can access any settings offered by your mobile operating system to limit ad tracking, or you can install the AppChoices mobile app to learn more about how you may opt out of personalized ads in mobile apps.
As Required By Law and Similar Disclosures. We may access, preserve, and disclose your information if we believe doing so is required or appropriate to: (a) comply with law enforcement requests and legal process, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our, or others’ rights, property, or safety. For the avoidance of doubt, the disclosure of your information may occur if you post any objectionable content on or through the Services.
Consent. We may also disclose information from or about you or you with your permission.
Marketing Communications. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by emailing firstname.lastname@example.org. or text the word “STOP” or “STOP ALL”.
Do Not Track. There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals.
We make reasonable efforts to protect your information by using physical and electronic safeguards designed to improve the security of the information we maintain. However, as no electronic transmission or storage of information can be entirely secure, we can make no guarantees as to the security or privacy of your information.
If you are a California resident under the age of 18 and you wish to remove content that you publicly posted, you may submit a request by contacting us at email@example.com. Removing the public content does not ensure complete or comprehensive removal of the content or information.
The Services is hosted in the United States and intended for visitors located within the United States. If you choose to use the Services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your information from the United States to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Services. By providing any information, including personal information, on or to the Services, you consent to such transfer, storage, and processing.
Update Your Information
You can update your account and profile information or close your account through my page.
Contact Information & Effective Date
Contact Information If you have any questions, comments, or concerns about our processing activities, please email us at firstname.lastname@example.org.