This Agreement applies to all employers, companies, job seekers, visitors, employees, contractors and any others who visit the website and/or access the Service ("Users").
Who are the Users:
"Employers" or "Job Posters"
If you use the Service to search for employees, view resumes, post jobs, permit prospective new employees or contractors to submit new hire onboarding documents, manage existing employee human resource information, or to purchase insurance services or products, you are an "Employer") (also sometimes referred to as "Company" or other designation if you signed a paper contract and/or accepted any applicable Specific Terms of Service).
We may also sometimes refer to an Employer as a "Job Poster" when it is using the Service to post jobs
Users that are "Job Seekers" or "Applicants"
- If you use the Service to register for job alert emails, upload your resume, or otherwise search for or apply for jobs, you are a "Job Seeker" or "Applicants"
You may not use www.topnotchjobboard.com to do any of the following:
- Harass or encourage harassment of another person;
Perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations;
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or violate other rights (including privacy or publicity) of any other person;
Perform any activities that are misleading, malicious, discriminatory, infringing, or could expose Top Notch or users of www.topnotchjobboard.com to harm or liability;
Transmit any material or act that is hateful, threatening, abusive, tortious, defamatory, inflammatory, false, fraudulent, misleading, libelous, vulgar, obscene, pornographic (or that contains nudity),
graphically or gratuitously violent, that violates anyone’s rights including intellectual property rights or proprietary rights, or is otherwise objectionable in Top Notch sole judgment;
Provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;
Impersonate any person or misrepresent in any way your affiliation with a person;
Transmit unsolicited mass mailings, “spam,” or advertising or promotional materials;
Conduct contests, sweepstakes, or lotteries;
Collect or store any information about other users, other than in the normal course of using the Services for its intended purpose;
Transmit any virus, worm, defect, Trojan horse, or other similar destructive or harmful item, or any other automated means, information, or computer code that interrupts, destroys, or limits the functionality of any computer or telecommunications equipment;
Use in any manner that could damage, disable, overburden, disrupt, or impair www.topnotchjobboard.com or the network(s) connected to Top Notch
or interfere with any other party’s use www.topnotchjobboard.com;
Disobey any applicable policies or regulations of networks connected to the www.topnotchjobboard.com;
Modify, adapt, translate, reverse engineer, decompile, or disassemble the Services;
Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services;
Use an iFrame or offer web search functionality on Top Notch website;
Frame, reformat, or otherwise make the Services available to third-parties;
Create user accounts using any automated means or under false pretenses;
Prepare derivative works based on the Services; or
Remove any proprietary notices, labels, or other identifying marks on content provided through the www.topnotchjobboard.com.
- USER ACCOUNTS
The information in this section applies to all User accounts ("Account"). When creating your Account or uploading information to the Service through your Account, you represent and warrant that you will provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Top Notch immediately of any breach of security or unauthorized use of your account. Top Notch will not be liable for any losses caused by any unauthorized use of your Account.
- USER CONTENT
By posting and or otherwise providing any User Content, you expressly grant, and represent and warrant that you have a right to grant, to Top Notch, sublicensable (including to other users and in the case of job posting content), transferable, irrevocable, non-exclusive, worldwide license to use, reproduce, adapt, list information regarding, edit, translate, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed. This license continues even if you stop using our Service, and if you are an Employer, you acknowledge and agree that Top Notch has no obligation, and may be unable, to remove your job postings (including any intellectual property contained therein) once they have been (i) distributed to Distributors, (ii) listed in search engine results, or (iii) incorporated into fixed media displays of Top Notch or Distributors, and in each case (i) to (iii) above, the license grant from you above will be perpetual and irrevocable for such uses. To the extent your User Content is a trademark, trade name, service mark or service name protected by law, the foregoing license also extends to the use by Top Notch to identify you as a Service User as contemplated by the Service. Further, to the extent you have given Top Notch the right to access certain User Content that is present on another website or service you own or control, you give Top Notch the right to scrape such website as required to retrieve such User Content for use on the Service as contemplated in the license grants above.
The Internet is not a secure medium, may be subject to interruption, disruption or inadvertent or deliberate breaches of security or privacy. You are responsible for using appropriate software to meet your particular requirements for anti-virus protection and accuracy of data and output, as well as for backing up your data independent from the www.topnotchjobboard.com. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A BREACH OF SECURITY OR PRIVACY, OR FOR ANY VIRUS, MALICIOUS CODE, HACK OR CYBER ATTACK THAT AFFECTS THE SERVICES OR YOUR COMPUTER, DEVICE, PROGRAMS, OR DATA, DUE TO YOUR USE OF THE SERVICES.
Billing - Certain aspects of the Services may be provided for a fee. If you elect to use paid features of the Services, you agree to the pricing and payment terms for the applicable Services, as we may update them from time to time. Recurring charges are billed in advance of service. Top Notch may add new services and products for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. You further agree that Top Notch has no responsibility for such third-party services and your use of such services is entirely at your own risk. Any change to the fees for paid services shall become effective in the billing cycle following notice of such change to you.
Payment Information - All information that you provide in connection with a monetary transaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect when such charges are incurred. You will also pay any applicable taxes relating to such transactions. If at any time Top Notch is required by a taxing authority to pay any taxes not previously collected from you, you will promptly submit such taxes (including applicable penalties and interest, if any) to Top Notch upon written notice.
If you elect to add additional paid services or products to your selected subscription or upgrade your subscription, we will invoice you for such services, products and upgrades, and/or charge your credit or debit card (or other payment method) accordingly/
Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including legal fees and expenses) incurred by Top Notch in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies. In addition, if you are late in payment of any fees, we reserve the right to either (i) immediately suspend or terminate your access to the applicable Services without notice, and in the event of any such suspension or termination, you will remain responsible for the entire amount of fees owing for such Services; or (ii) bill your credit/debit card on file with us under this or any other agreement. Unless your subscription plan is terminated timely and correctly, you will continue to accrue charges even if you don’t use the subscribed Services.
Credit/Debit Cards - In the event that you pay for any Services using a credit card or debit card, you authorize Top Notch to charge your credit or debit card (or other acceptable payment method that you have chosen from those offered) ("Payment Method"), for the applicable fees for the duration of the applicable term of your selected subscription plan or other paid service or product, together with any applicable VAT, sales, use, excise, consumption or other similar tax applicable to the Services. You represent that you are authorized to use the Payment Method on your company’s behalf and you agree to accept an electronic record of a receipt. If at any time your Payment Method will not accept the charge for fees due, you agree that Top Notch may suspend or terminate your access to the applicable Services and that you will continue to remain liable for the full payment for such Services even after your access to the Services has been terminated or suspended. By providing any Payment Method, you agree that applicable credit card, debit card and billing information may be shared with third parties such as payment processors and credit agencies, and/or collection agencies for the purposes of checking your credit, effecting payment, collecting payments and late fees if applicable, and for providing the applicable Services to you or in order to enforce our agreement with you. We may also share this information with law enforcement authorities and in response to subpoenas, court orders, and search warrants.
- TERMINATION OF THIS AGREEMENT AND THE SERVICE
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, such determination will not affect the validity of any other provision, and the provision in question shall be reformed to reflect the intent of the provision to the greatest extent possible.
Notwithstanding anything herein to the contrary, all provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this Agreement and remain in full force and effect and be binding upon the parties as applicable. The provisions of this Agreement will inure to the benefit of and be binding upon each of Top Notch and the Providers and each of their respective successors and assigns and related persons, and you and your administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns, and related persons. You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of Top Notch, which may be withheld in Top Notch's discretion. Top Notch may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.
No consent to or waiver of, by any party, any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties. Any rights not expressly granted by this Agreement are reserved to Top Notch.
Top Notch reserves the right to inform law enforcement of any illegal activity or material we suspect or discover on, through, or otherwise related to the Services and to provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated.
Top Notch put in one team the best and most experienced recruitment professionals in different types of industries: