Employer Terms of Use

If you are a job seeker, please refer to the User Terms of Use, which apply to you.

Effective Date: November 30, 2020

These Employer Terms of Use and other legal documents herein incorporated by reference (collectively, the "Terms") set forth the legal contract between BOLD LLC (352385) and Auxiliant S.à.r.l. (B199343)(collectively, "Provider") and each company, any legal entity or person conducting any legal business activity ("Employer") with respect to access to and use of our internet properties as linked and offered by us, our subsidiaries and affiliated companies, and any software that the Provider provides to Employer for download (all of these collectively, the "Services"). For purposes of these Terms BOLD LLC is your controller ("Controller") and Auxiliant S.à.r.l. is a processor.

BY CLICKING THE ACCEPTANCE BUTTON OR BY ACCESSING, USING, OR INSTALLING ANY PART OF THIS SERVICES, EMPLOYER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THESE TERMS AS WELL AS THE PRIVACY POLICY INCORPORATED BY REFERENCE HEREIN. IF EMPLOYER DOES NOT AGREE TO ALL THE TERMS, STOP USING THE SERVICES OR CANCEL YOUR SUBSCRIPTION.

This website and the Services are proprietary or licensed to Provider and are protected by intellectual property laws and international intellectual property treaties. In order to access certain features of the Services, registration of an Employer account may be required. By clicking acceptance button, the person setting up the Employer’s Account declares to be fully authorized to act on behalf of the Employer. In registering for the Service, the Employer agrees to (i) provide true, accurate, current and complete information as prompted by the Service’s registration form (the “Registration Data”), and; (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

The Employer is responsible for all activities that occur under the Employer’s Account. The Employer shall ensure that the access to the Employer’s Account is available only to the authorized persons. The Employer agrees to (A) notify Provider immediately of any breach of security at privacy@bold.com; and (B) ensure that the persons authorized to use the Employer’s account exit from the Account at the end of each session.

If the Employer provides any information that is untrue, inaccurate, not current or incomplete, or Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Provider has the right to suspend or terminate the Employer’s Account and refuse any and all current or future use of the Service (or any portion thereof).

Provider and Employer agree that the Terms apply to and govern each Order made by the Employer ("Order") and the services described in each Order. Order form is available after login into the Employer's Account. The Order may specify the scope of Services, term, payments terms, as well as any other specific terms. By clicking the acceptance button in the Order form, the Employer agrees to be bound by the Order and these Terms. In the event of any inconsistencies between these Terms and the Order, the Order shall prevail.

If these Terms are provided in a language other than English, in case of conflict between the English version and the version provided in another language, the English terms shall prevail.

1. Services

(a) Provider may provide Employer with the following Services, as available, including to (i) post jobs, (ii) find Job Seekers, (iii) review job seekers (defined herein) resumes and profiles, (iv) collect and filter job seeker applications ,(v) contact job seekers, and (vi) present the Employer’s profile. Some elements of the Services may only be offered in the desktop version of the Site and may not be, for example, available in the mobile version of the Site. As we constantly develop our Services, the range of Services available may vary from time to time, be extended, or may be temporarily unavailable or discontinued, at any time and at Provider’s sole discretion.

(b) Employer and Provider agree that Provider will provide Employer with the Services described in each Order as applicable, for the service period(s) specified in, or to the extent otherwise provided in, such Order. The Services may be provided, as applicable, to the various tools and sites and may involve Provider using or making available to Employer certain software and other tools owned by or licensed to Provider ("Platform").

(c) In connection with purchasing the Services, Employer will be responsible for obtaining and maintaining at its expense all computer hardware, software and communications equipment and connections required for Employers to access this Site and to access and use the applicable Services.

(d) Provider may distribute notices of job openings ("Job Post") on Employer's behalf to affiliated and third-party sites and with third-party recruitment service providers ("Job Posters"). Employer authorizes Provider to do so and agrees that, by virtue of Provider’s distribution, the Employer shall be bound by the applicable terms and conditions of use of the affiliates and third-party site or services therein provided.

2. Acceptable Use Policy

Any material, information or data posted by the Employer shall not contain:

(a) Any hyperlinks, other than those specifically authorized by Bold.

(b) Misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Provider's reasonable discretion.

(c) The names, logos or trademarks of unaffiliated companies (other than the case of Employers that are customers of recruiters) unless where expressly agreed by Provider.

(d) The names of colleges, cities, states, towns or countries that are unrelated to the posting;

(e) More than one job or job description, more than one location, or more than one job category, unless the post so allows.

(f) Inaccurate, false, or misleading information.

(g) Any content which:

  • Libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • Disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content;
  • Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • Infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
  • Violates any law or may be considered to violate any law;
  • That Employer does not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
  • Advocates or promotes illegal activity;
  • Impersonates or misrepresents Employer's connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • Solicits funds, advertisers or sponsors;
  • Includes programs which contain viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Services;
  • Copies any other pages or images on the Services except with appropriate authority;
  • Includes illegally sourced MP3 format files;
  • Amounts to "data warehousing" (i.e., using any web space made available to Employer as storage for large files or large amounts of data which are only linked from other sites);
  • Disobeys any policy or regulations established from time to time regarding use of the Services or any networks connected to the Service; or
  • Contains links to other sites that contain the kind of content that falls within the descriptions described above.
  • In addition, Employer is prohibited from removing any sponsorship banners or other material inserted by Provider anywhere on the Services (e.g., on any web space made available for Employer’s use).

(h) Without limitation, by utilizing the Services, Employer agrees not to:

  • Send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming" (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Services by any other person;
  • Copy, display, distribute, duplicate, aggregate, redistribute, alter or modify, any of the content available within the Services in any medium, or to any other individual or entity, other than as may be reasonably necessary to use the Services for their intended purpose;
  • Use any automated software or devices, such as spiders, robots or data mining techniques such as scraping, spidering, crawling or any other techniques to download, store, distribute or otherwise reproduce content within the Services;
  • Use or copy the Services including any data Employer views on and/or obtains from the Service to provide any product or service that is competitive to the Services determined in Provider's sole discretion;
  • Interfere with, interrupt, destroy or limit the functionality of the Services or any computer software or hardware or telecommunications equipment;
  • Use the Services in any manner that could damage, disable, overburden, or impair any Provider's server, or networks connected to any Provider's server, or interfere with any other party's use and enjoyment of the Services;
  • Gain unauthorized access to the Services, other accounts, computer systems or networks connected to any Provider's server or to the Services, through hacking, cracking, and distribution of counterfeit software, password mining or any other means;
  • Reverse engineer, decompile or disassemble any software accessed through the Service, including any proprietary communications protocol used by Provider;
  • Use information obtained from the Service to transmit any commercial, advertising or promotional materials without Provider's written permission and except as expressly authorized by Provider, advertise or offer to sell or buy any goods or services for any purpose;
  • Provide any contact information which is not current and accurate, impersonate or create a false identity or falsify any information;
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services, or other user or usage information or any portion thereof;
  • Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage; or
  • Reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Service.

(i) Employer is prohibited from using any services or facilities provided in connection with the Services to compromise its security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If Employer becomes involved in any violation of system security, Provider reserves the right to release the Employer’s details to system administrators at other sites or to law enforcement in order to assist them in resolving security incidents.

(j) Provider reserves the right to monitor Employers' use of the Services and the Platform and suspend or terminate Employers use and access of the Services and Platform if in Provider’s discretion they believe the Employer is abusing the Services or Platform and the Employers conduct is deemed detrimental Provider and its Services.

3. Restrictions on job posting

Employer will not use the Employer Products to:

(a) Post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property.

(b) Post jobs or other advertisements for competitors of Provider or post jobs or other content that contains links to any site competitive with Provider.

(c) Sell, promote or advertise products or services.

(d) Post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement.

(e) Post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents.

(f) Post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling (e.g. server, sales person).

(g) Post jobs on any Provider Site for modeling, acting, talent or entertainment agencies or talent scouting positions.

(h) Advertise sexual services or seek Job Seekers for jobs of a sexual nature.

(i) Request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;

(j) Except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.

Employer acknowledges that Provider has no obligation to pre-screen any content created and/or posted by Employer. However, Employer also acknowledges that Provider reserves the right in its sole discretion to pre-screen, refuse or remove any content created and/or posted by Employer. Provider reserves the right to remove any Job Post or content from the Platform, which in the reasonable exercise of Provider's discretion, does not comply with the Terms, or if any content is posted that Provider believes is not in the best interest of Provider.

If at any time during Employers use of the Platform or the Services, Employer made a misrepresentation of fact to Provider or otherwise misled Provider in regards to the nature of Employer's business activities, Provider will have grounds to terminate Employers use of the Services.

4. Use of Information

(a) Employer may obtain access to information about individuals seeking employment pursuant to the Terms ("Job Seeker"). All data submitted by Job Seeker and/or generated through the use of the Services provided by Provider and the activities of Employers and Job Seekers, including any information provided by Job Seekers, usage information, conversion data, performance details, aggregate statistics and other information of any kind shall exclusively be the property of Controller.

(b) In accordance with the Services provided by Provider and the Terms, Employer permits Provider to verify the information Employer provides including but not limited to Employer phone number and email address ("Contact Details"). Provider may call or email Employer via Contact Details provided ("Verification Process"). Provider retains the right in its sole discretion to refuse access to the Employer following the Verification Process. During the Verification Process the Employer agrees that Provider may inform Employer of additional Services provided in conjunction with the Platform.

5. Employer Use of Job Seeker information, Personal Data Protection

Employer shall use resumes, job applicants' profiles, or composites of same available to Employer on or through the Platform as provided in the Terms and in any contract Employer has with Provider. Employer shall use the Site in accordance with all applicable privacy and data protection laws, and Employer agrees they will not further disclose any of the data from the Site to any third party.

Employer shall take appropriate physical, technical, and administrative measures to protect the data Employer has obtained from the profiles from loss, misuse, unauthorized access, disclosure, alteration or destruction. Employer shall not share Employer login credentials with any other party.

Depending on the Services currently offered by Provider, the Employer may receive access to personal data of job seekers from Controller. Controller will only provide the data if the user has granted his/her consent to or there is another legal basis for sharing the data, in accordance with applicable law.

The Employer shall be considered as a separate data controller of the personal data of job seekers. The Employer bears the sole responsibility for lawful processing of the job seeker’s data for the recruitment process of the Employer or any other reasonably related matter thereof.

The personal data of the Employer’s representatives, which shall include but is not limited to Employer’s employees, provided to create the Employer’s account or to enable contact for the rendition of the Services, will be processed in accordance with GDPR. Controller may process the following data: name, surname, email address, mobile (if provided). Providing personal data is voluntary but necessary to use the Services. The personal data shall be processed on the basis of point (f) of article 6.1 of GDPR to ensure proper rendition of the Services, including for the purposes of contact (understood as our legitimate interest). The personal data shall be processed during the contract period and after its expiry for the period necessary for potential claims or any other legal basis. The data may be disclosed to the entities supporting Controller within the confines of Services to provide the Services pursuant to the requirements of the GDPR. Employer and its representatives and employees have the right to access the content of data and to correct, remove data, limit the scope of processing thereof, as well as the right to transfer the data, and to object against its processing. Each person has the right to lodge a complaint with a supervisory authority, if the processing of the personal data is considered as infringing the GDPR legislation.

6. Employer Use of Job Seeker Profiles

Employer shall not use Job Seeker Profiles:

(a) For any purpose other than as an Employer seeking Job Seekers, including but not limited to advertising promotions, products, or services to any Job Seeker Profiles.

(b) To make unsolicited phone calls or faxes or send unsolicited mail, email, newsletters or profiles to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed Employer that they do not want to be contacted).

(c) To source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited by Section 2.

In order to ensure a safe and effective experience for all Employers and Job Seekers, Provider reserves the right and without prior notice to change the Services or the Platform, stop providing the Services to Employers generally, or create usage limits for the Services or the Platform. Provider may permanently or temporarily terminate or suspend Employer’s access to the Services or Platform without notice and liability for any reason, including if in Provider’s sole determination, Employer violates any provision of the Terms or for no reason. Upon termination for any reason or no reason, Employer continues to be bound by this Agreement.

7. Employer's Profile

The Employer's profile shall be presented online on the website in a tag entitled "Employers" and in the group of recommended Employers ("Employer's Profile"). The Employer's Profile shall include:

(a) Information about, inter alia, the Employer, its recruitment procedures, and about current recruitment processes,

(b) Files provided by the Employer which include but are not limited to Employer’s graphics, logotype, background pictures, and multimedia (i.e. videos, presentations, etc.). The Provider may specify the technical requirements for graphics and multimedia files.

Hyperlinks to:

  • (i) the Employer's website;
  • (ii) the Employer's Profile on Facebook;
  • (iii) the Employer's Profile on LinkedIn;
  • (iv) any other online portal in which Employer information is displayed; and, as far as it shall apply:
  • (v) the Employer's job offers and information about recruitments currently conducted by the Employer as published on the Website and on the Employer's website;

All of the above hereinafter collectively referred to as the "Employer's Materials".

8. Non-Disclosure

Employer acknowledges and agrees that in providing the Services, Provider may disclose to Employer certain confidential, proprietary, or trade secret information of Provider (the "Confidential Information"). Confidential Information may include, but is not limited to, the Services, computer programs, diagrams, manuals, schematics, development tools, specifications, design documents and design enhancements, marketing information, financial information, business plans, and individual candidate personal information. Employer agrees that it will not, without the express prior written consent of Provider, disclose any Confidential Information or any part thereof to any third party, except to the extent that such Confidential Information: (a) is or becomes generally available to the public through no fault of Employer; (b) is rightfully received by Employer from a third party without limitation as to its use; or (c) is independently developed by Employer which Employer can document and prove was independently developed by Employer and developed without the use of any Confidential Information of Provider.

9. Ownership Rights and License

Employer acknowledges that it shall have only a limited, non-exclusive, nontransferable license to access and use the Services. Employer acknowledges and agrees that it will not use the Services for any purpose that is unlawful, discriminatory, or illegal. Employer agrees that it will use the Services carefully and will not use it in any way which might result in any loss of its or any third-party's property or information. Provider retains all rights, title and interests in the Services, Platform and in Provider's Technology. For the avoidance of doubt Provider Technology shall mean (i) technology, methodologies and intellectual property anywhere in the world (including, without limitation, Employer Product(s), software tools, hardware designs, algorithms, software (in source and object forms), Employer interface designs, architecture, class libraries, objects and documentation (both printed and electronic) or otherwise arising outside of work under these Terms, (ii) any derivatives, improvements, enhancements or extensions of the foregoing that are conceived, reduced to practice, or developed during the term or in performance under the Services or these Terms, and (iii) any intellectual property anywhere in the world relating to any of the foregoing. In the event the Employer's profile includes information or materials provided by third parties ("Third-Party Materials"), the rights granted by Provider do not extend to any Third-Party Materials, if any, which shall be subject to the terms and conditions of the applicable license or other terms between Employer and such third party. Employer acknowledges and agrees it has no rights other than those granted in these Terms. Should the Employer provide Provider with feedback regarding usefulness and functionality of the Services or Platform and any problems, ideas or enhancements which come to the Employer's attention the Employer hereby assigns to Provider all rights, title, and interests to such user suggested enhancements and all property rights including without limitation all patent, copyright, trade secret, trade mark, moral right or any other intellectual property rights.

When Employer creates an account, Employer may upload, post, share, reframe, transmit or otherwise make available ("Make Available") the Employer Content through the Services. "User Content" means, without limitation, Employer's account information, position information, recruitment policies, posts, questions, career materials, testimonials, submissions, and/or any other information Employer provides on or through the Services or that we may create for Employer. When Employer create an account or provide career information on or through the Services (including via forms made available to Employer by Provider or by creating an Employer profile), Employer agrees that Employer is solely responsible for the accuracy of the User Content. Employer agrees that Provider may offer information that is of most interest to Employer.

For clarity, Employer retain ownership of the User Content at all times. However, by posting, uploading and/or Making Available any User Content within the Services, and/or by providing any communication or material to Provider, Employer automatically:

(a) Grant Provider a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable through multiple tiers, and transferable, license to use, copy, reproduce, process, adapt, modify, publish, transmit, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and Provider' (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (now known or later developed). Provider may modify or adapt the User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to the User Content as are necessary to conform and adapt that content to any requirements or limitations within the Services, or of any networks, devices, services or media. Employer also hereby grants each user of the Services a non-exclusive license to access the public User Content, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Services and under these Terms. To the extent permitted by applicable law, (i) the above licenses granted by Employer in User Content submitted to the Service will survive even if Employer remove or delete the User Content from the Services and, (ii) the above licenses granted by Employer in forum comments, testimonials or submissions submitted are perpetual and irrevocable. Except with respect to the User Content, Employer agrees that Employer has no right or title in or to any other content or Materials (see Section 11 below) that appears on or in the Services, including, but not limited to any information associated with another account or user profile or stored on or in the Services.

(b) To the extent permitted by applicable law, waive all moral rights in the User Content which may be available to Employer in any part of the world and confirm that no such rights have been asserted;

(c) Appoint Provider as Employer's agent with full power to enter into any document and/or do any act Provider may consider appropriate to confirm the grant and assignment, consent and waiver set out above unless otherwise agreed in writing between Provider and Employer;

(d) Warrant that Employer is the owner of the User Content and entitled to enter into these Terms and that the User Content does not infringe the proprietary or privacy rights of any third party;

(e) Confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to Employer or any other person and that Provider shall not be liable for any use or disclosure of such User Content.

(f) Agree and understand that the User Content is subject at all times to our Acceptable Use Policy above.

10. Provider's Warranties

EMPLOYER'S USE OF THE SERVICES IS AT ITS OWN RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, AND OTHER CONTENT IN THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PROVIDER AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF THE PROVIDER (“PROVIDER GROUP”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS IMPLIED OR COLLATERAL, RELATED TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE PROVIDER GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PROVIDER GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SERVICE OR ANY WEB SERVICES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE PROVIDER GROUP MAKES NO WARRANTIES OR CONDITIONS THAT YOUR USE OF SERVICE, OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, OR OTHER CONTENT IN THE SERVICE OR ANY WEB SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE PROVIDER GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, OR OTHER CONTENT OF THE SERVICE OR ANY OTHER WEB SERVICE.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES AND CONDITIONS, THE ABOVE EXCLUSIONS WILL APPLY TO EMPLOYER ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

11. Limitation of Liability

THE PROVIDER GROUP DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OR MISUSE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE PROVIDER GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE PROVIDER GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

12. Employer's Acknowledgments and Indemnity

Employer acknowledges and agrees that (i) the use or operation of the Services may not be uninterrupted or error free; (ii) Employer will be solely responsible for its compliance with any applicable federal, state and local laws, rules and regulations, including but not limited to laws relating to labor and employment, affirmative action compliance (i.e., compliance with applicable laws in connection with the selection preference of job applicants within an identified marginalized group), equal employment opportunity and employment eligibility requirements, data privacy, data access and use, spamming and intellectual property; (iii) Provider is not a party to any employment agreements or other agreements entered into as a result of or otherwise in connection with Employer's activities with the Services; (iv) Provider shall not have any liability or obligations under or related to hiring decisions, employment agreements or other agreements, or acts or omissions of, Employers use of the Services; (v) Provider has no control over, or liability for, any Employer's use of the Services, or over the services or employment promised or rendered by employers or Job Seekers; and (vi) Provider makes no representations as to the reliability, capability, or qualifications of any Employer or the quality, security or legality of the services provided or business conducted by any Employer. As a result of the foregoing, Employer waives any and all claims that it may have against Provider, its affiliates or any Provider suppliers arising out directly or indirectly of the performance or nonperformance of the Services.

In particular, Employer acknowledges and agrees that Employer is solely responsible for the employment opportunities accessible on or through Provider. Employer acknowledges that Provider is not an employer with respect to Employer's use of the Services, and Provider is not responsible for any employment decisions, for whatever reason, made by Employer through the use of the Services.

Employer further acknowledges and agrees that software and/or content may be modified by Provider and that modifications may cause a loss of data or content or loss of function or utility in or on Employer. Employer acknowledges and agrees that Provider may make all such modifications and that, to the extent permitted by applicable law, Provider is not liable for any loss of data, content, function or utility. Employer WAIVES protections afforded by statute or law, and agrees that Provider is not liable for nor has control over Employer's actions; and Employer's account.

Employer shall protect, defend, indemnify Provider and hold it and its respective affiliates, subsidiaries, officers, directors, employees, consultants, and agents harmless from any and all claims, losses, deficiencies, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and all related costs and expenses) incurred by Provider as a result of any claim, settlement, judgment or adjudication against Provider or any of its suppliers related to or arising from: (a) these Terms; (b) the Employer's use of the Services or the Platform, including any data transmitted or received by Employer; or (c) any unacceptable use of the Services or Platform.

13. Employer's Use of Employer Products Information; Monitoring

Employer agrees that any individuals selected for employment screening derived from the use of the Services will be the Employer's sole responsibility. Provider is only providing the Services to connect Job Seekers to the Employer. Employer will be solely responsible for the proper classification of individuals if hired by Employer in accordance with applicable law. Employer will be responsible for paying all wages or fees, all taxes, and all other expenses associated with the relationship between Employer and the job seeker, including but not limited to, federal income tax withholding when applicable, FICA when applicable, unemployment compensation taxes, insurance, filing and legal fees associated with immigration-related applications or petitions, and any other benefits which accrue to the Employer's employees or independent contractors. Employer is solely responsible for conducting its own background check, reference check and evaluating the results before extending a job offer to an individual sourced through using the Services. Provider will not be liable in any way for the conduct, or for any damages caused by a job seeker hired by an Employer using the Services.

Provider reserves the right, but is under no obligation, to monitor content transmitted through the site and reserves the right to delete, block, or prevent the transmission of content that Provider, at its sole discretion, deems illegal, defamatory, infringing, fraudulent, or otherwise inappropriate. Employer is solely responsible for their interactions with Job Seekers. Provider shall have no liability for Employers interactions with Job Seekers, or for any Job Seeker's action or inaction.

14. Payment for Services, Subscriptions. Cancellation>

If Employer purchases any services that Provider offers for a fee, either on a one-time or in a subscription basis, Employer agrees that Provider’s third-party vendors may store Employer’s payment information. Employer agrees to pay the applicable fees for the purchased services (including, without limitation, periodic fees for monthly or annual subscriptions) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts.

Employer may sign up for automatic billing or recurring billing for some Services offered on this site. Any recurring charge will be fixed at the price agreed to at the time of purchase. The specific billing terms for the services Employer orders will be described on the offer page on the Site or available after in the Employer's Account. If Employer signs up for automatic or recurring billing, Employer will be notified of the billing terms and how to stop recurring billing. By signing up for Provider services with recurring billing, Employer will be deemed to agree to those billing terms as described specifically on the Site or in the applicable Order.

Failure to pay may result in the cancellation of the Services and the termination of Employer's agreement with Provider.

Depending on where Employer transacts with us, the type of payment method used and where Employer's payment method was issued, the transaction may be subject to foreign exchange fees or differences in prices, because of exchange rates. The transaction may also be subject to foreign currency exchange fees assessed by Employer’s bank or card issuer. Provider is not responsible for any foreign currency exchange fees or surcharges and will not make any compensation or reimbursement for charges imposed by Employer's bank or card issuer. Provider does not support all payment methods, currencies or locations for payment. If the payment method Employer uses with us, such as a credit card, reaches its expiration date and Employer does not update its payment method information or cancel its Account or the applicable service, Employer authorizes Provider to continue billing that payment method and Employer remains responsible for any uncollected amounts. Employer's obligation to pay fees continues through the end of the subscription period until Employer cancels its subscription. All applicable taxes are calculated based on the billing information Employer provides us at the time of purchase.

Provider does not guarantee refunds. Employer acknowledges that any products or Services purchases through the site or on a negotiated basis are subject to these Terms and/or any additional terms that may be negotiated on a contractual basis in writing.

We may change rates, fees, expenses, or charges regarding the Services at any time. Any change will be based upon market fluctuations. Employer understands and agrees that these Terms constitute the Employer’s affirmative consent that we may make these changes in pricing without any additional notice other than what is contained in these Terms. If Employer does not agree to the change in rates, fees, expenses, or charges Employer may terminate this agreement with the immediate effect.

The Employer may cancel its subscription at any time by accessing its Employer’s Account or by contacting our customer service agent through the information found at the "Contact Us" section below. Provider will send an email with a cancellation number to confirm any cancellation request. If the Employer does not receive this confirmation and still wishes to cancel, the Employer is required to contact our customer service department directly for further assistance.

15. Injunctive Relief; Governing Law; Jurisdiction

Employer acknowledges and agrees that a breach or threatened breach of any covenant contained in these Terms, would cause irreparable injury, that money damages would be an inadequate remedy and that Provider shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain Employer from such breach or threatened breach. Nothing in this Paragraph shall be construed as preventing Provider from pursuing any and all remedies available to it, including the recovery of money damages from Employer.

With the exception of disputes pertaining to Provider's intellectual property rights, any dispute of any kind between Employer and Provider arising under these Terms shall be resolved by binding arbitration in New York, New York, pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any New York state or federal court with substantial experience in the technology industry and shall follow New York substantive law in adjudicating the dispute, except that this Section 14 shall be construed as a "written Terms to arbitrate" pursuant to the Federal Arbitration Act ("FAA"). Employer and Provider agree that Provider intend that this Section 14 satisfies the "writing" requirement of the FAA."

These Terms are to be governed by, construed and enforced according to the laws of the State of New York. Employer agrees to submit to the personal and exclusive jurisdiction of the federal courts of the Southern District of New York for the purpose of litigating all claims or disputes.

16. Trademarks and Copyrights

All title, intellectual property rights and copyrights related to the Services (including, without limitation, any images, photographs, video, audio, and/or text, incorporated into the Services or the Platform), the accompanying media and printed materials, and any copies of the Services are owned by or licensed to Provider. The Services and all the content related thereto are protected by copyright laws and international treaty provisions. Therefore, Employer must treat the Services like any other copyrighted material, subject to the provisions of the Terms.

We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing content that violates the intellectual property rights of others, suspending access to the Service (or any portion thereof) to any user who uses the Service in violation of someone else’s intellectual property rights, and/or terminating in appropriate circumstances the Account of any user who uses the Service in violation of someone else’s intellectual property rights.

(a) Submitting a Notification for Removing Infringing Content: We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with applicable law (including 17 U.S.C. § 512 Digital Millennium Copyright Act ("DMCA")). If you believe your copyright or other intellectual property right is being infringed by a user of this Site, please provide written notice to our agent for notice of claims of infringement at either:

Attn: BOLD LLC, DMCA Designated Agent,

Email: legal@bold.com

  • To be sure the matter is handled immediately, your written notice must:
  • Contain your physical or electronic signature;
  • Identify the copyrighted work or other intellectual property alleged to have been infringed;
  • Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
  • Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
  • Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
  • Contain a statement that the information in the written notice is accurate; and
  • Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
  • Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.

(b) Submitting a Counter-Notification: We will notify you that we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a validly received DMCA take-down notice. In response, if you believe the material was removed or disabled by mistake or because of a misidentification of the material, you may provide our agent with a written counter-notification that includes 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 from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States of America, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.c) Termination of Repeat Infringers. We reserve the right, in our sole discretion, to terminate the account or access of any user of this Site or Service who is the subject of repeated DMCA or other infringement notifications. Provider seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.

(c) Termination of Repeat Infringers: We reserve the right, in our sole discretion, to terminate the account or access of any user of this Site or Service who is the subject of repeated DMCA or other infringement notifications.

Provider seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.

17. Waiver

Failure of either party to enforce a right under the Terms shall not act as a waiver of that right or the ability to later assert that right, relative to the particular situation involved.

By creating an account Employer agrees to the Employer Terms and that Employer, and anyone Employer authorized to use the Employer Services also agrees to Provider's Privacy Policy.

18. Electronic Communications

The communications between Employer and Provider may be made through electronic means, whether Employer visits the Service or send Provider emails, or whether Provider posts notices on the Services or communicates with Employer via email. For contractual purposes, Employer (1) consents to receive communications from Provider in an electronic form; and (2) agrees that all terms and conditions, agreements, notices, disclosures, and other communications that Provider provides to Employer electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect Employer's statutory rights.

19. Contact Us

This site is controlled and operated by Provider. Whether Employer access the Services through any of our internet properties or family sites you may contact Provider using the information provided herein. Please forward any comments or complaints about the site to privacy@bold.com. or write to BOLD LLC, City View Plaza II, Suite 6000, Guaynabo, PR 00968, United States of America or to Auxiliant S.à.r.l, 1A, rue Thomas Edison, L-445 Strassen, Luxembourg.