Effective Date: February 17th, 2025
These Terms and Conditions have been prepared by TopJobsNearYou.com (referred to herein as the “Website,” “Company,” “us,” “we,” or “our”). Together with our Privacy Policy and any amendments or supplements, these Terms and Conditions (collectively, the “Agreement”) constitute a binding legal agreement between you (“you,” “your,” or “user”) and the Company, including its directors, officers, parent organizations, subsidiaries, and representatives. This Agreement governs both your access to and use of the Website, as well as any use or attempted use of the products and services provided by the Company. By continuing to use or access the Website, you acknowledge and agree to be bound by this Agreement as if you had signed it directly.
By accepting these Terms, you consent to the arbitration agreement and class action waiver outlined in Section 5 below.
To access or use this Website, you must be at least 18 years old and legally eligible to enter into a binding agreement. Users aged 13 or older may access the Website with parental or guardian consent to these Terms. The Website is strictly not intended for use by children under 18 years of age. By using the Website, you represent and affirm that you are at least 18 years of age.
This Website and its services are intended for users residing in the contiguous United States, including Alaska and Hawaii.
The content available on the Website, including but not limited to text, graphics, logos, software, music, videos, sounds, photographs, and materials provided by suppliers, sponsors, or third-party advertisers, is protected by copyright, trademark, patent laws, and other proprietary rights (“Intellectual Property Rights”). We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access, view, copy, and print content from the Website solely for personal use or to place an order through the Website, provided you retain and do not obscure any copyright or proprietary notices displayed on such content.
Unless explicitly stated otherwise, this Agreement does not grant any additional rights or licenses under the Company’s or any third party’s Intellectual Property Rights, whether explicitly, by implication, or otherwise. All other rights remain reserved.
Unless explicitly stated in this Agreement, you agree not to: (i) store, upload, transmit, circulate, or make available any files containing harmful or malicious code, including, but not limited to, viruses, trojans, worms, or logic bombs; (ii) attempt to decipher, disassemble, or reverse-engineer the source code, algorithms, or the systems and procedures embedded in the Website; (iii) disrupt or attempt to disrupt the normal functioning of the Website, interfere with its operation or networks linked to the Website, or circumvent any access restrictions or security measures; (iv) delete or alter any proprietary notices or copyrights within the Website’s content; (v) use automated tools or scripts to improperly gather data from or interact with the Website; (vi) modify, adapt, decompile, reverse engineer, disassemble, or create derivative works of the Website’s code or content; (vii) resell, license, transfer, or distribute the Website, in whole or in part; or (viii) violate any law or the provisions of this Agreement.
The Website may contain links to affiliate websites offering goods and services, and we may earn a commission, at no cost to you, when you click on such links and make a purchase. These affiliate links are included to improve your user experience. Please note, we do not verify the identity, reliability, or security of any third-party affiliate websites, nor do we monitor or guarantee the accuracy of the information available on these websites. You acknowledge and agree that we will not be held liable for any damages or losses that result from your use of third-party affiliate websites, the content provided by them, or any transactions you engage in with them. We are not responsible for the enforcement of any agreements between you and a third-party affiliate and are not obligated to intervene in any disputes. You agree not to involve us in any legal, investigative, or dispute resolution processes related to your interactions with third-party affiliates.
To access job opportunities and employment listings on the Website, you may need to provide personal details, respond to surveys, consider third-party offers, and agree to be contacted by our marketing partners. However, please be aware that participation in or purchase of third-party offers is not required to view job listings and employment opportunities. We do not guarantee that you will be contacted or hired by third-party partners for completing surveys or engaging with third-party offers. Access to job listings and third-party offers is offered for convenience, and we are not responsible for the terms or conditions associated with third-party websites, employment opportunities, or recruitment processes. We will not be held accountable if job opportunities become unavailable or if you are not contacted, interviewed, or hired due to reasons like third-party terms, qualification restrictions (such as location or experience), or issues like denial of service or communication lapses. To keep the Website free of charge, we may earn compensation, at no cost to you, when you participate in third-party offers, which is optional.
Please note that we do not review, approve, or endorse any job, employment, or recruitment opportunities provided by third parties. By clicking on any links related to third-party job opportunities on our Website, you will leave our site and be redirected to a third-party website. These third-party sites may gather both personal and non-personal information about you. Your interactions with these third-party websites, including job opportunities, are governed by their own terms and privacy policies. We encourage you to familiarize yourself with their terms of service and privacy statements. You acknowledge that we are not a party to any contracts or agreements between you and any third-party regarding job or employment opportunities and are not liable for fulfilling any obligations that may arise between you and the third party. You agree not to involve us in any legal disputes, investigations, or arbitration concerning such third-party relationships.
The Company and its representatives assume no liability for any direct or indirect consequences stemming from any actions or lack of action you take based on the information, services, or other content provided on the Website. While the Company endeavors to maintain the accuracy, completeness, and timeliness of the information on the Website, it cannot guarantee its accuracy and will not be held responsible for any damage or loss arising from any inaccuracies, omissions, or delays in the information presented.
Disclaimer of Warranties
The Website is offered on an “as is” and “as available” basis. Unless otherwise specified in these Terms, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising under the Uniform Commercial Code, trade practices, or any other legal principles, to the fullest extent permitted by law.
Without limiting the above, the Company does not guarantee that: (i) your access to the Website will be timely, secure, uninterrupted, or error-free; (ii) the Website will fulfill your specific requirements; (iii) any defects will be fixed; (iv) the Website will be free of malicious software, viruses, trojans, worms, or logic bombs; or (v) the results from using the Website will be accurate and reliable. You understand and agree that the Company is not liable for any material or data you obtain or download through the Website. You use the Website at your own risk, and you are solely responsible for any damage to your computer system or loss of data from downloading any content. Unless otherwise stated, any advice or information, whether in written or oral form, that you receive from the Company or this Website will not create a warranty.
You and we each agree that any and all disputes or claims with or against any party that relate to or arise from your use of or access to the Website, or any products or services sold, offered, or purchased through the Website shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).
Prohibition of Class and Representative Actions and Non-Individualized Relief
You and we agree that each of us may bring claims that relate to or arise from your use of or access to the Website, or any products or services sold, offered, or purchased through the Website only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, including but not limited to actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. or the California Invasion of Privacy Act, Cal. Penal Code § 630 et seq. Unless both parties agree otherwise, the arbitrator may not preside over any form of a consolidated, class, or representative proceeding or otherwise consolidate or join claims from more than one person or party. The arbitrator may grant injunctions or other relief, including monetary, and declaratory relief, only in favor of the individual party seeking such relief and only to such extent as may be necessary to provide relief necessitated by that party’s individual claim(s). No relief awarded shall affect our other users.
Arbitration Procedures
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules and a form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.
The arbitration shall be held in the county of your residence or at another location mutually agreed by both parties. If the value of the relief sought is less than or equal to $10,000, either party may elect to have the arbitration conducted by telephone or based solely on written submissions and such election shall be binding on both parties subject to the arbitrator’s discretion to necessitate an in-person hearing, if the circumstances warrant. Unless the arbitrator requires otherwise, either party may attend an in-person hearing by telephone.
The arbitrator shall determine the substance of all claims in accordance with the applicable laws of the State of Missouri, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The award of the arbitrator shall be final and binding and judgment upon the award rendered by the arbitrator may be confirmed or entered in any court having competent jurisdiction thereof.
This arbitration provision shall survive termination of this Agreement to Arbitrate and the closing of your account (if applicable) or your use of or access to the Website, or any products or services sold, offered, or purchased through the Website.
Costs of Arbitration
Unless otherwise stated in this Agreement to Arbitrate, all payments related to filing, administration and arbitrator fees (Arbitration Costs) will be governed by the AAA’s rules Where the value of the relief sought is less than or equal to $10,000 the Company may, at your request, pay all filing, administration, and arbitrator fees related to the arbitration. We will make arrangements to pay the Arbitration Costs to AAA only for those requests that are submitted, along with demand for arbitration, by mail to the AAA. Where the value of the relief sought is over $10,000 and you are successful in demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of Arbitration Costs as may be deemed necessary by the arbitrator to prevent the arbitration from being cost-prohibitive. If the arbitrator determines your claim(s) in the arbitration to be frivolous, you agree that you will be liable to reimburse us for all the Arbitration Costs paid by us on your behalf, which you otherwise would be required to pay under the AAA’s rules.
Confidentiality
The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors, and senior management and to family members of a party who is an individual.
Severability
Except for the “Prohibition of Class and Representative Actions and Non-Individualized Relief” provision of this Agreement to Arbitrate, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall remain in full force and effect. Where an arbitrator or court decides that any of the provision(s) in Section 1 of this Agreement to Arbitrate (i.e. “Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entire Agreement to Arbitrate shall be null and void. The validity, legality and enforceability of the remainder of the Agreement shall not in any way be affected or impaired thereby.
By entering your telephone number in any submission on the Website and providing your signature as explicit consent, you authorize the Company, its subsidiaries, affiliates, agents, and up to 30 Marketing Partners to contact you at the provided number. Communications may include live calls, automated or prerecorded calls, text messages, or emails regarding products or services. You are aware that your telephone provider may charge you for such contacts. Providing this consent is not a prerequisite for any purchase, and you may withdraw your consent at any time through reasonable means.
By submitting your email address, you expressly authorize each matched third-party to send emails to the provided address. You acknowledge that these emails will not constitute spam or be deemed unauthorized under relevant local, state, or federal laws and regulations. You also affirm that all information provided in your submission is complete and accurate.
By calling the Website, you acknowledge and consent that the Company may record or monitor your communications as allowed by 18 U.S.C. § 2511 et seq., Cal. Penal Code § 630 et seq., and other applicable state laws governing call monitoring. You grant permission for us to monitor or record these calls and use the resulting information as described in the Privacy Policy. Please note, we are not obligated to record or monitor our services for quality, completeness, or accuracy.
As a copyright owner, an authorized representative, or a person with the authority to act under any exclusive copyright right, you can notify us of alleged copyright infringements occurring on or through the Website by submitting a DMCA notice of infringement to our Designated Agent. After we receive your notice, we will determine the appropriate course of action, which may include removing the infringing content from the Website.
Notices of claimed infringement, including all the required details, should be directed to our Designated Agent at contact@TopJobsNearYou.com. Be aware that failure to adhere to the requirements outlined in this section and 17 USC § 512(c)(3) may invalidate your DMCA notice.
You expressly understand and agree that the Company, its agents, suppliers, parents, subsidiaries, representatives or affiliates shall, under no circumstances, be liable for any special, indirect, incidental, exemplary or consequential damages, including without limitation, any loss of use, profits, data, goodwill, cost of procurement of substitute services, or any other special, indirect, incidental, exemplary or consequential damages. This applies regardless of the manner in which damages occurred, and on any theory of liability, whether for breach of contract, tort (including, without limitation, negligence and strict liability) or otherwise resulting from (1) your use of, or the inability to use, the Website, (2) the use of, or the inability to use, items purchased from third-party websites linked on the Website; (3) the cost of procurement of substitute services or items; or (4) any other matter related to the Website.
You agree to indemnify and hold harmless the Company, its directors, officers, employees, agents, parents, subsidiaries, affiliates, co-branders, and suppliers, , from and against any and all claims, demands, liability, losses, disputes, damages, and costs of any kind, including but not limited to reasonable attorneys’ fees and litigation costs resulting from or in any way connected with (i) your use of the Website; (ii) any information transmitted or submitted through the Website; (iii) privacy, tort or other claims (e.g., claims made under the Telephone Consumer Protection Act (TCPA) or its equivalent state law ) relating to any personal information provided (e.g., telephone number) to the Company by you that is not owned by you, in contravention to the terms of this Agreement; and/or (iv) your breach of the terms of this Agreement.
The Company reserves the right to update or change these Terms at any time, at our discretion, by posting the revised version on the Website without prior notice. Your ongoing use of the Website after such modifications indicates your acceptance of the updated Terms. We recommend reviewing the Terms regularly to check for any updates.
The Company has the right to assign, transfer, or delegate any of its rights or obligations under these Terms and Conditions to a third party, at its sole discretion. Any representations, warranties, and indemnification obligations made by you will remain enforceable even after the termination or cancellation of your account or relationship with the Company. A delay by the Company in exercising any of its rights or remedies will not waive those rights or remedies or prevent future exercise. Any waiver requires written consent from the Company. These Terms and Conditions supersede all prior agreements or representations, whether written, oral, or otherwise.
For any inquiries or concerns about this Agreement, you can contact us at contact@TopJobsNearYou.com.