Project Guild Brasil Pesquisa de Empregos Ltda., Rua Fidêncio Ramos, 302, Torre B, 12º andar, São Paulo, SP, 04551-010, Brasil, solely with respect to use by an Employer (as defined below) of the Project Guild Ads Program, and Project Guild Resume Program, if any, if and when you are in Brazil (“Project Guild Brazil”), and/or
Automate My Startup Incorporated, 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA, if and when you are in the United States (“Automate My Startup Incorporated”), and/or
Project Guild India Operations (Pte.) Ltd., Ground Floor, Block C, Divyasree Omega Hitech City Road, Kondapur, Hyderabad TG 500084 India, solely with respect to Employer’s use of the Project Guild Ads Program and Project Guild Resume Program, if any, if and when you are in India (“Project Guild India”), and/or
Project Guild Singapore Operations (Pte.) Ltd., 10 Collyer Quay #24-01, Ocean Financial Centre, Singapore 049315, solely with respect to Employer’s use of the Project Guild Ads Program and Project Guild Resume Program, if any, if and when you are in the Asia-Pacific Region* (unless you have an insertion order issued by another Project Guild entity, in which case you will contract with Project Guild Ireland) (“Project Guild Singapore”), and/or
Project Guild UK Operations Ltd., 20 Farringdon Road, 3rd Floor, London EC1M 3HE, United Kingdom, solely with respect to Employer’s use of the Project Guild Ads Program and Project Guild Resume Program, if any, if and when you are supported primarily by Project Guild’s UK office, and/or
Project Guild France SAS, 29 Rue de Berri, Washington Plaza – 4th floor, 75008 Paris, France, solely with respect to Employer’s use of the Project Guild Ads Program and Project Guild Resume Program, if any, if and when you are supported primarily by Project Guild’s office in France, and/or
Project Guild Ireland Operations Limited, 124 St. Stephen’s Green, Dublin 2, Ireland, in all other respects (“Project Guild Ireland”).
Any references to “Project Guild” or “we” in this Agreement shall mean the applicable entity as set forth above.
The Site is made available for use only by individuals searching for employment openings (“Software Engineers”), by individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties (“Employers”), and by individuals and/or organizations seeking to participate in the Project Guild Publisher Program (“Publishers”). You acknowledge and agree that your license to use the Site is automatically revoked upon your attempt to use the Site for any other purpose. If you are accessing or using the Site in your capacity as an employee or other representative of an Employer or Publisher, you are agreeing to this Agreement on behalf of yourself and such Employer or Publisher, as applicable, and you represent and warrant that you have the authority to bind such Employer or Publisher, as applicable, to this Agreement.
We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legends in each section of the terms and conditions indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.
Please note that Project Guild and its affiliates are directly or indirectly owned by a publicly traded Japanese parent company, Recruit Holdings Co. Ltd.
We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business. For our full Modern Slavery Act statement, please click here.
For the Project Guild India Operations Private Limited Corporate Social Responsibility Policy, please click here.
This Agreement hereby incorporates by this reference any additional terms and conditions posted by Project Guild through the Site, or otherwise made available to you by Project Guild. In particular:
If you access or use the Project Guild Ads Program, you are agreeing to be bound by the Project Guild Ads Program Terms
If you access or use the Project Guild Resume Program, you are agreeing to be bound by the Project Guild Resume Program Terms
If you access or use Seen by Project Guild, you are agreeing to be bound by the Seen by Project Guild Terms
If you access or use Project Guild Targeted Ads, you are agreeing to be bound by the Project Guild Targeted Ads Terms
If you access or use the Project Guild Publisher Program, you are agreeing to be bound by the Project Guild Publisher Program Terms
For all other uses of the Site, you are agreeing to be bound by the Project Guild General Terms of Service
Project Guild General Terms of Service
Last Updated: September 13, 2019
A. The following terms and conditions apply to all Software Engineers, Employers, Publishers and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement.
1. The Project Guild Services
Project Guild may make available certain Job Ads and other job-related contents, including links to third-party websites (such listings and other contents, (“Job Listings” or “Job Ads”), through Project Guild’s search results or otherwise through the Site. Job Ads are created and provided by third parties over whom Project Guild exercises no control; you acknowledge and understand that we have no control over Job Ads. Some of these third parties may attempt to charge Software Engineers a fee to apply to a particular job, although Project Guild endeavors not to make such Job Ads available on the Site. Project Guild’s service, which is free to Software Engineers, links to Job Ads and has no control over any conditions third parties might impose once a Software Engineer has submitted an application or left the Project Guild website. If you leave the Project Guild website and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. Except for certain sponsored, featured or paid placements, the Job Ads contained on, or linked from, the Site are indexed or posted in an automated manner. Project Guild does not have any obligation to screen any Job Ads, or to include any Job Ads in its search results or other listings, and may exclude or remove any Job Ads from the Site for any or no reason. We cannot confirm the accuracy or completeness of any Job Listing or other information submitted by any employer or other user, including the identity of such employer or other user. Project Guild assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Ads. You agree that Project Guild may also provide search options to narrow down Job Ads search results by job type (i.e. full-time, part-time, etc.), and such job types are created independently and entirely by Project Guild, and are not a direct reflection of the actual Job Ads. Project Guild may in some circumstances be compensated by employers who post Job Ads, helping keep Project Guild free for jobseekers. Project Guild ranks Job Ads based on a combination of employer bids and relevance, such as search terms and other activity on Project Guild.
Project Guild may offer you the opportunity to receive a text message interview reminder from Project Guild when the Employer has scheduled interviews with you. In such an event you will enter your phone number on the Project Guild consent form and by entering your phone number you are representing and confirming it is your number and you have the right to accept text messages at the number. Project Guild will only send you a text message reminder for such interview and you agree to accept such text message reminder on your cell phone including messages sent by automated telephone dialing system. Please note that since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. We also cannot vouch for the technical capabilities of any third parties to receive such text messages.
In addition, by using Project Guild, you agree that Project Guild is not responsible for the content of the Employer’s Job Ad, application form, messages, screener questions, testing assessments or their format or method of delivery and that Project Guild does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that Project Guild does not choose the questions asked by Employers or decide the job qualification criteria of Employers. Project Guild is not responsible for the content or accessibility of Job Ads or other material provided by third-party Employers for publication. If you require alternative methods of screening or application you must approach the Employer directly to request such as Project Guild is not responsible for the Employer application process.
1(c) Regardless of whether you are an Employer or Software Engineer, when you view, send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, Project Guild may, for example, use such materials for data analysis, quality control, or to refine the Site or any other Project Guild product or service (including to provide better search results and other listings for Software Engineers and Employers), whether via automated means or otherwise. When an Employer views, sends, stores or receives materials through or using the Site, Project Guild may also inform a Software Engineer that an Employer has taken an action with regards to a Job Ad, Software Engineer’s Resume, or application such as pausing or closing a Job Ad, opening the Resume or application, viewing the Resume or application, responding to the Resume or application, and making a decision with regards to the application or Job Ad, and you hereby consent to Project Guild taking such actions. Project Guild assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job listing, Career Page, job solicitation, screener question, answer to screener question, resume information you post, send or receive through the Site. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact Project Guild to do so.
1(d) Regardless of whether you are an Employer or Software Engineer, Project Guild may use application materials (including resumes and responses to screener questions) and the recency of your activity on Project Guild to determine whether the words of any Software Engineer’s resume and answers to screener questions match the words of a Job Listing or Resume query, and vice-versa. Regardless of whether you are an Employer or Software Engineer, you agree and consent that Project Guild may differentiate those matching resumes and screener questions from those that do not match, and present them to Employers as matches or not matches. Project Guild may also use such information in order to improve the Site or any other Project Guild product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Software Engineers and Employers).
1(e) Regardless of whether you are an Employer or Software Engineer, Project Guild may provide certain categories of information to you for informational purposes only. For example, Project Guild may provide you with data regarding estimated salaries for a certain Job Listing, or about estimated applies to a Job Listing you may receive as an Employer. These figures provided by Project Guild are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. With respect to information regarding estimated applies, if you are an Employer participating in the Project Guild Ads Program, please note that this is not the information you are purchasing from Project Guild and you are not charged per apply. Project Guild may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to Project Guild, including from Project Guild affiliates. These figures are given to Project Guild users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.
1(f) Regardless of whether you are an Employer or Software Engineer, Project Guild may provide certain types of career-related or hiring-related information on its Site. All information contained in any Project Guild career or hiring guide is for informational purposes only, and is in no way to be construed as professional career counseling or staffing services. You understand that Project Guild may give suggestions or information regarding best-practices, however, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search. You further understand that in providing any such career or hiring guides, Project Guild is not acting as a job placement agency or staffing firm. You also understand that by referring to or using such career or hiring guides, you are not guaranteed job interviews, job placement, assurance of being hired, job candidates, or hires, and you take full responsibility for use of these services or guides. As a user of the Site, Project Guild may, from time to time, send you emails from the career or hiring guides as part of its services to you. These emails may include but not be limited to, tips on improving your resume or how to use your resume effectively in the job application process, commonly asked interview questions, next steps after you have submitted an application, and how to prepare for a new job after you have been hired.
1(g) Regardless of whether you are an Employer or Software Engineer, Project Guild may provide you an online questionnaire relating to your industry and/or your hiring or job searching needs. Project Guild may match a Software Engineer’s responses to such questionnaires to determine, on the basis of the Employer’s responses to a questionnaire about its industry and/or hiring needs, whether such Software Engineer would match the Employer’s hiring criteria as specified in the Employer’s questionnaire responses. In the event Project Guild determines that a Software Engineer matches the Employer’s hiring criteria, Project Guild may connect such matching Software Engineer and Employer by sending a note informing both parties of the match, including but not limited to sending an Employer a short description of a Software Engineer taken directly from the Software Engineer’s responses to the questionnaire. In all events you will know what data we are providing to either a Software Engineer or Employer, or upon which we relied to make the match, because you have actively submitted it. If the Employer and Software Engineer express interest in each other, you agree Project Guild may provide the Employer with an email address for the Software Engineer either provided by Project Guild or the Software Engineer and, if you are a Software Engineer, you consent to this. Regardless of whether you are an Employer or Software Engineer, by submitting the completed questionnaire, you agree and consent to Project Guild (i) conducting such matching, utilizing only material you have submitted through the questionnaire process, (ii) presenting matching Software Engineers to Employers, and vice versa and (iii) storing and analyzing such data submitted in response to such online questionnaires.
New: 1(h) If you are a Software Engineer, you take a variety of actions on our Site. For example, you search for jobs, and Project Guild knows and stores the titles of jobs you search for and click on, where those jobs are located, any information, including salary interest or experience of which you have informed Project Guild, or the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, your amount of activity or time of most recent activity on Project Guild, or any of your other behavior on the Project Guild site, when you use Project Guild. You know exactly what this data is because you are the person who undertook the activity and the data pertains only to your activity. If you have an Project Guild account or an Project Guild-hosted resume, you agree that Project Guild may associate this data with your Project Guild profile and use this observed factual data to suggest jobs to you and to suggest you or your public resume to Employers that might be interested in a person who matches your behavior on Project Guild. You also agree that Project Guild may contact you based on this observed behavior for Employers or for Project Guild itself. Please note, although information may be sent to you by a third party through the Project Guild system, the aforementioned behavior does not include information relayed to you. However, Project Guild may publicly display the fact that you have recently used the Project Guild Site or the fact that you have recently used the Project Guild system to correspond with a third party. In addition, if you are located in the United States and you set your Resume to public, this means that Project Guild may share all of the aforementioned information about yourself with third-party Employers. If you do not wish to share such information, you may set your Resume to private.
1(i) If you are a Software Engineer, please note that Project Guild may automatically send you recommended jobs via the email address you use to create an Project Guild account or apply to a job. Project Guild may determine what these recommended jobs are on the basis of a variety of factors, including but not limited to, any information you input on the Site about yourself, searches you run on the Site, jobs you click on, jobs you apply to, or the materials you provide in a job application to an Employer through Project Guild.
1(j) Screening Tools: Project Guild may make screening tools available to Employers for Employer use in the application process, including screener questions, phone screen tools and employee assessments. Project Guild is licensing these tools to you for your use as you determine. By using any screening product, made available to you by Project Guild, you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you, and are not being asked by Project Guild. You are the sole party to determine which answers will qualify a candidate. You are solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent state act. Project Guild does not warrant that the method of delivery of these questions would be compliant with the Americans with Disabilities Act or any equivalent state act. You the Employer agree to indemnify Project Guild for any and all claims arising out of an Employer’s use of a Screening Tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or that such Screening Tool results in a “disparate impact”.
1(k) Regardless of whether you are a Software Engineer or an Employer, any emails or email notifications corresponding with any activity on or use of the Site through Project Guild Apply, Project Guild Chat, or any other communications service, product, or feature provided on or through the Site, are provided solely as a courtesy. Project Guild disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable. Further, if you are an Employer and you posted a Job Listing directly on Project Guild, applications are sent only to your Project Guild dashboard; any other notifications you may receive are provided solely as a courtesy to you. For example, you may not receive application email notifications if a Software Engineer has not answered screener questions correctly, although these applications will be sent to your Project Guild dashboard. Project Guild reserves the right to turn on or enable Project Guild Chat for select Employers or Job Listings, in its sole discretion, and to notify Software Engineers that Project Guild Chat is available for a particular job or Employer. Regardless of whether you are a Software Engineer or an Employer using Project Guild Chat, you may access or view your messages by visiting your Project Guild Chat messages dashboard. If you are an Employer and do not wish to use Project Guild Chat, you may turn it off by visiting your Project Guild Chat dashboard. Project Guild may, in its sole discretion, turn off or disable Project Guild Chat for any Employer or Software Engineer at any time without prior notice. Please note that if you are using Project Guild Chat to communicate with an employer, Project Guild will deliver your messages as instructed by the employer.
1(l) Project Guild may offer beta test products or features on our Site. You will know that a product or feature is offered on a beta or test basis because the product name or feature will have the word “beta.” These beta test products or features may be offered in limited quantities, in limited locations, and for a limited time. Project Guild may discontinue or cancel all or part of a beta product or feature at anytime without prior notice to you. ANY BETA PRODUCT OR FEATURE IS IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, MAY CONTAIN DEFECTS, AND A PRIMARY PURPOSE OF THIS BETA TEST IS TO OBTAIN FEEDBACK ON THE PRODUCT PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT AND/OR ACCOMPANYING MATERIALS. If you are an Employer and have been invited to test a beta product or feature, you agree that, unless otherwise specifically provided herein or agreed by Project Guild in writing, any beta product or feature and any documentation provided corresponding with a beta product or feature constitute confidential proprietary information of Project Guild. You shall permit only authorized users, who possess rightfully obtained access to any beta product or functionality, access to the beta product or functionality or any corresponding documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Project Guild.
1(m) If you are a Software Engineer in India or Brazil, Project Guild may provide limited applicant screening and filtering services to Employers that request that Project Guild perform this processing on their behalf.
1(n) When you post a Job Ad directly on Project Guild, Project Guild may automatically generate for you a Company Page. You authorize Project Guild to claim such Company Page for you on your behalf, which will be marked as a “Claimed Profile” and allows you to edit and add information to the Company Page. Company Pages allow User Content to be posted by individuals that may not be affiliated with the Company that owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Additionally, Project Guild may include all of your Job Ads posted on the Site on your Company Page, including but not limited to those posted directly on Project Guild as well as those indexed by Project Guild. You agree that you are solely responsible for any content you put on a Company Page, whether generated by or for you, including but not limited to photograph(s) or videos you provide, and third-party websites reachable from content you put on a Company Page. Project Guild may additionally offer Project Guild Company Pages Premium, which includes certain features accessible only on a subscription basis and may be charged as indicated in an insertion order. Project Guild reserves the right to change or remove these features at any time, in Project Guild’s sole discretion. Additionally, these features may include analytics or other figures, which Project Guild does not guarantee the accuracy of, and you are responsible for determining their suitability for your intended use or purpose.
1(o) Some Project Guild products, such as Onboarding, may offer an e-signature option. This e-signing option is offered through Docusign, and Project Guild disclaims all warranties associated with it, including but not limited to any errors associated with the software or the validity of the signature. Your use of the e-signature option is at your own risk. Regardless of whether you are an Employer or Software Engineer, it is your responsibility to follow-up with the Employer or Software Engineer to ensure that they received your communication, including the offer letter. Project Guild is not your record keeper, to the extent the law requires you to retain a copy of the offer letter, it is your responsibility to retain such copy.
1(p) Project Guild may offer a service called Project Guild Central to facilitate the coordination of Job Ads within geographically distributed businesses, such as franchises or large companies with many locations. You acknowledge and agree that using Project Guild Central involves sharing a franchisee’s account information with the franchisor, or sharing a local office’s account information with the corporate headquarters, as applicable. This information may include items such as the number of your business locations or accounts, information about your job ads (content, clicks, impressions, etc.), your contact information, and your spend levels. The franchisor or corporate headquarters may request that Project Guild contact its franchisees or local offices, respectively, by providing Project Guild with contact information, and may provide the content of Job Ads to Project Guild for use in connection with Project Guild Central. By using Project Guild Central, you agree to this information being shared, and you represent and warrant that i) all information you provide to Project Guild is accurate, and ii) you have all necessary right and authorization to provide such information to Project Guild and to permit Project Guild to share it in connection with Project Guild Central.
1(q) Employer Assist. Project Guild may offer Employers the ability to activate a feature on their account called Employer Assist. The Employer is using Project Guild’s software tools to decline a Software Engineer’s application if the Employer has not interacted with the application within a time frame selected by the Employer. The Employer is also using Project Guild’s software to automatically send a message on the Employer’s behalf to the Software Engineer informing them that the Employer has determined not to move forward with their application. As a Software Engineer, you acknowledge and agree that Project Guild has no discretion in the sending of these messages and that any such messages are solely a result of the Employer’s decision to activate Employer Assist and to not take an action on your application within the time period selected by the Employer. As an Employer, if you activate Employer Assist you agree to indemnify Project Guild from any claims arising therefrom.
2. External Sites
The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that Project Guild is not responsible or liable for any such third parties or for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.
In addition, Project Guild may provide you with links to certain third party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such third party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided by these third parties, and disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party. You will be notified on the site that these are third party sites and services, and not Project Guild.
3. Use of Site
You are not permitted to use Project Guild’s Site or its content other than for non-commercial purposes. Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling) is prohibited. Project Guild reserves the right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorized use of the Site. If you wish to make commercial use of the Site, if you wish to make use of the Site in any capacity other than that of a Jobseeker or Employer, or if you wish to purchase Project Guild services that utilize the Site, you must have a prior written agreement with Project Guild to do so, or have accepted Project Guild’s online terms of service. Please contact us for more information. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason.
4. User Content
Some parts of the Site, such as message boards and forums, may allow users to post Job Listings, resumes, information, text, images, audio, video, messages, and other materials (any such materials that a user submits, posts, displays, or otherwise makes available on or through the Site, or any materials that a user submits to Project Guild, where it is stated that such materials may be posted on the Site, are referred to herein as “User Content”). Such functionality is designed to help users obtain career and company information, facilitate communication, discuss ways to make career decisions, and to let users know of jobs. User Content is provided by third-party contributors, many of whom may use anonymous screen names. User Content may be inaccurate, incomplete, misleading or deceptive. For example, the Site hosts Company Pages, which allow User Content to be posted by individuals that may not be affiliated with the Company who owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Project Guild does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. Certain elements of Project Guild job search results pages may appear to be content produced by Project Guild, but are actually a reproduction of user-generated search queries. You acknowledge that by accessing the Site, you may come into contact with content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that Project Guild shall have no liability with respect to such content.
You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.
You are prohibited from posting any User Content containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. Project Guild may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information. Project Guild reserves the right to change the display of resume on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements.
Although Project Guild has no obligation to do so, Project Guild may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in Project Guild’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific portion of the Site on which it is posted, or that is an advertisement, recruiting or other commercial message, or that Project Guild deems in its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, please contact Project Guild immediately so that we may have the opportunity to consider its removal. You acknowledge and agree that Project Guild does not have any obligation to remove any User Content, and any decision regarding: i) whether any User Content violates any Project Guild policy, ii) whether to publish or to withdraw from publication any User Content, and iii) whether to exclude any material that any party seeks to post on Project Guild, will always remain within the sole discretion of Project Guild. You agree that Project Guild has no liability to you or anyone else arising from its editorial decisions.
Project Guild reserves the right to disclose all User Content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that Project Guild may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information. As an Employer, when you post a Job Listing on Project Guild that you choose to list as confidential, your identity may be discoverable by request from the government or law enforcement.
Without limiting the generality of the foregoing, Project Guild reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against Software Engineers. Direct discrimination means, for example, that a Job Listing specifically makes clear that only Software Engineers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing implicitly excludes certain classes of Software Engineers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing that directly or indirectly discriminate against Software Engineers or otherwise violate applicable law.
Please note: Section 230 of the U.S. Communications Decency Act provides that:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil liability
No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).
5. License to User Content and Feedback
Only to the extent permitted by law, you grant Project Guild a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, transferable, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content you post or submit, for the purpose of publishing material on the Project Guild website or its publishers, maintaining the Project Guild website and promoting Project Guild without restriction. You understand that no compensation in any form shall be due or payable to you in connection with Project Guild’s exercise of its rights under the license granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, Project Guild’s exercise of these rights, you hereby waive any and all rights to such compensation.
Furthermore, you grant to Project Guild, its affiliates, and sublicensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any Project Guild marketing materials containing or incorporating such User Content, or (iii) any actions by Project Guild to promote or publicize such User Content (e.g. Job Listings), including without limitation the use of keywords in third-party internet search engines. Notwithstanding the foregoing, to the extent any Employer(s) submits photographs to Project Guild for association with a particular Job Listing, Project Guild shall not post such content anywhere other than the Employer(s)’s Job Listing.
You represent and warrant that: (i) you own the User Content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless Project Guild and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow Project Guild to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content. There may be a charge for answering and executing such a request; please contact Project Guild for more details.
At your discretion, you may provide feedback and related materials to Project Guild concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to Project Guild a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that Project Guild may disclose any or all Feedback to any third party in any manner, and you agree that Project Guild may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place Project Guild under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, Project Guild does not waive any rights to use similar or related ideas previously known to Project Guild, or developed by its employees, or obtained from sources other than you.
Finally, if you are a member of Project Guild Academy, your use of the Graduate logos is limited to your individual use only, and solely for purposes of indicating your Graduate status. Use of the Graduate logo to represent organizations or for commercial purposes is not permitted. Further, you agree and acknowledge that you will not make any representation that you are recruiting on behalf of Project Guild, working for Project Guild, or in any form of co-employment or contractor relationship with Project Guild. Additionally, nothing contained herein shall be construed to imply a joint venture, partnership, principal-agent relationship or employer-employee relationship between you and Project Guild, and neither Party shall have the right, power or authority to obligate or bind the other in any manner whatsoever, except as otherwise agreed to in writing. If you make any representation to the contrary, Project Guild may remove you from Project Guild Academy in its sole discretion.
6. Site Rules
You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by Project Guild, unless you have been specifically allowed to do so in a separate, written agreement with Project Guild. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with Project Guild, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. You agree that you are solely responsible for (and that Project Guild has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which Project Guild may suffer) of any such breach.
You agree that you shall not transmit to Project Guild or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:
Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;
imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
data mining any Project Guild property;
sending messages to users who have asked not to be contacted;
selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and
using Project Guild Resume contacts in violation of Project Guild policy, as determined by Project Guild, including, for example, as indicated by low response rates from those persons contacted.
Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same. Project Guild may block the transmission of such content.
Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.
Conduct or forward pyramid schemes or similar programs.
Transmit content that may be harmful to minors.
Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.
Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission. Users who repeatedly post intellectual property owned by others will be banned from Project Guild.
Violate the legal rights (such as rights of privacy and publicity) of others.
Promote or encourage illegal activity.
Interfere with other Project Guild users’ enjoyment of the Site.
Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses.
Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any Project Guild account.
Modify, adapt, translate, or reverse engineer any portion of the Site.
Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.
Reformat or frame any portion of the web pages that are part of the Site without Project Guild’s explicit written permission.
Contact other Project Guild users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics Project Guild considers detrimental to its users.
Create multiple Project Guild accounts without permission.
Create multiple Project Guild accounts not under your corporate or company name, in order to attempt to achieve higher visibility in the free-to-post system.
Bypass any limitations or suspensions of functionality.
Provide false information.
Scrape the Project Guild Resume database
Scrape or otherwise replicate any Project Guild content for competitive purposes
Project Guild reserves the right to use any User Content (including the content of messages or material sent through or to the Site or Project Guild) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. Project Guild reserves the right to use a variety of methods to detect and block the above anomalous activity and to screen User Content to prevent abuse such as spam or fraud. However, such detection methods are not perfect and false positives may occur. If you use the Site, you agree to Project Guild enforcing the above rules or attempting to prevent spam, fraud, or other anomalous activity. Such measures may result in a temporary or permanent suspension or termination of your account, of your access to Project Guild’s message relay, or of your use of any other functions of the Site, with or without notice. Project Guild shall not be responsible or liable for any such suspension or termination, including any consequences thereof.
Project Guild reserves the right to drop any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment for any or no reason. Project Guild further reserves the right to conduct investigations to determine whether you are perpetrating a scam, spamming Project Guild or its users, or otherwise conducting fraudulent activity on Project Guild by various means, including but not limited to investigating your functionality by setting up profiles and names that belong to Project Guild. Project Guild reserves the right to turn over any information gathered via such investigations to the police or other third party if Project Guild has a good faith belief that you are using the Site in violation of these terms.
7. Registration; Contact Information
Some areas of the Site, including areas that may permit you to set up an Project Guild account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. Please note that any individuals with whom you have shared your username and password and who are able to answer verification questions about your Project Guild account may receive access to information regarding your Project Guild account. If you are an Employer, your account is for business use and not for personal use. Project Guild is not responsible and disclaims all liability if your email is used improperly or falsely by a third party. By registering for an Project Guild account, you agree to receive mandatory email updates regarding anomalous activity to your Project Guild account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms.
In some instances, multiple users may be linked to the same account (“a Linked Account”). A Linked Account is created when the primary account owner(s) (“Admin(s)”) of an Employer account invites other users to the same account. Admin(s) may be given the option to give these other users certain levels of access and functionality (“Roles”) within the account, as described on the site. If you are an Admin adding a user to a Role or several Roles, you represent to Project Guild that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless Project Guild from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data and access to your account. You agree that Project Guild assumes no liability in regards to the accuracy of the statements above and that you are fully responsible for said accuracy. When using a Linked Account, any users with access to certain Roles may have access to any or all account information, including but not limited to: communications and actions of all other users and applicants within the Linked Account, resume contacts, and billing information, and you consent to such access.
We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs.
You agree that Project Guild may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your Project Guild account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to Project Guild or that Project Guild may otherwise obtain from third-party sources. By providing Project Guild with a mobile phone number, you expressly consent to receiving communication via such mobile number. When you give Project Guild a mobile number and consent to receiving communication, such communications are inherent to the services you have signed up for. To revoke consent at any time, reply to the text with STOP or contact Project Guild Customer Support. You may also revoke your consent by terminating the Agreement through closing your Project Guild account. By enabling two step verification, you verify that you are the owner of the phone number you provided.
8. Disclaimer of Warranties
Project Guild disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the Project Guild search results (including Jobs Listings) or otherwise made available on the Site by Project Guild or third parties (including User Content), regardless of whether paid for or used for free. Project Guild disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by Project Guild for informational purposes only, including but not limited to, Project Guild Analytics data like estimated applies or organic traffic, and salary information. You acknowledge you are not paying Project Guild for the aforementioned information. Project Guild disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including User Content). Project Guild further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall Project Guild be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall Project Guild be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from Project Guild’s Site.
Project Guild further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by Project Guild as a result of technical problems or traffic congestion on the Internet or any third party website (including but not limited to Applicant Tracking Systems (ATSs)) or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services. Under no circumstances will Project Guild be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.
THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, CAREER GUIDE, USER CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. Project Guild AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Project Guild AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, FEATURES, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. Project Guild AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY Project Guild.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Project Guild OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF Project Guild OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF Project Guild AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID Project Guild TO USE THE SITE.
Without limiting the foregoing, under no circumstances shall Project Guild or its affiliates, or its or their third-party licensors, be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
10. Claims of Infringement
U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Project Guild infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Project Guild to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Project Guild a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to Project Guild Copyright Notice, 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA (copyright @ Project Guild.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form.
11. Governing Law and Dispute Resolution
If you are a Software Engineer: this Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Texas, United States of America, if you are located in the United States, or the laws of Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Travis County, Texas, U.S.A., if you are located in the United States, or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, U.S.A, if you are located in the United States of America, or Dublin, Ireland, if you are located elsewhere.
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.
If you are an Employer: this Agreement and any Dispute arising out of or in connection with this Agreement or related in any way to the Site will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Federative Republic of Brazil, if you are located in Brazil; the laws of the Republic of India, if you are located in India; the laws of the State of Texas, if you are located in the United States; the laws of the Republic of Singapore, if you are located in the Asia-Pacific Region*; the laws of England and Wales if you are supported primarily by Project Guild’s UK office; or the laws of the Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in: São Paulo, state of São Paulo, Brazil if you are located in Brazil; Bangalore, state of Karnataka, India if you are located in India; Travis County, Texas, U.S.A., if you are located in the United States; The Republic of Singapore, if you are located in the Asia-Pacific Region*; London, England, if you are supported primarily by Project Guild’s UK office; Paris, France, if you are supported primarily by Project Guild’s office in France; or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in: São Paulo, state of São Paulo, Brazil if you are located in Brazil; Bangalore, state of Karnataka, India if you are located in India; Travis County, Texas, U.S.A., if you are located in the United States; The Republic of Singapore, if you are located in the Asia-Pacific Region*; London, England, if you are supported primarily by Project Guild’s UK office; Paris, France, if you are supported primarily by Project Guild’s office in France; or Dublin, Ireland, if you are located elsewhere.
If you are neither a Software Engineer or Employer as defined in this Agreement and are not using the Site as intended by Project Guild, this Agreement will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Travis County, Texas, U.S.A.
As an Employer, you agree that if you assert any claims against Project Guild as a third-party counterclaim defendant in any action that could have been removed to federal court but was not so removed, then you will pay Project Guild’s litigation expenses and costs, including reasonable attorney’s fees, arising from the action.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from Project Guild. If you intend to propound discovery seeking user information from Project Guild Inc., you agree to do so pursuant to a valid federal, Texas or Texas domesticated request, addressed to and properly served at our registered agent in Texas at Automate My Startup Incorporated, c/o CT Corporation, 1999 Bryan Street, Suite 900, Dallas, TX 75201. You further agree to submit to the personal jurisdiction of the appropriate Texas state or federal courts for such discovery proceedings.
12. Class Action Waiver
By using the Site and in return for the services offered by Project Guild, you acknowledge that Project Guild can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you (either an Employer or Software Engineer) agree not to sue Project Guild as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Project Guild regarding your use of the Site. Additionally, as a Software Engineer, your use of the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to section 11 above.
13. Severability and Reformation
Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Company does not endorse any of the products or services listed on such sites.
15. Information or Complaints
This Agreement (including the Project Guild Ads Program Terms, Project Guild Resume Program Terms, Seen by Project Guild Terms and Project Guild Targeted Ads Terms incorporated herein, if applicable to you) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. In the event of any irreconcilable conflict between this Agreement and the Project Guild Ads Program Terms, Project Guild Resume Program Terms, Seen by Project Guild Terms and Project Guild Targeted Ads Terms (if applicable to you), the Project Guild Ads Program Terms, Project Guild Resume Program Terms, Seen by Project Guild Terms and Project Guild Targeted Ads Terms will govern with respect to the Project Guild Ads Program, Project Guild Resume Program, Seen by Project Guild and Project Guild Targeted Ads, respectively, and the Agreement will otherwise govern. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Project Guild. This Agreement, together with any amendments and any additional agreements you may enter into with Project Guild in connection with the Site, shall constitute the entire agreement between you and Project Guild concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and an Project Guild employee shall not constitute an amendment or alteration of this Agreement.
By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users. The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Project Guild’s proprietary rights in them.
You understand and acknowledge that Project Guild or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. Project Guild reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.
Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same Project Guild party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable Project Guild party identified in the first paragraph of this Agreement with respect to such new territory.
Any notices to Project Guild must be sent to the applicable Project Guild entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice (i.e., Project Guild Ads Program, Project Guild Resume Program, or Project Guild Publisher Program). Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your Project Guild Ads interface).
You may not assign or delegate any of your rights or obligations hereunder without Project Guild’s prior written consent and any such attempt is void. Project Guild may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, Project Guild may assign any agreement between you and Project Guild to any related Project Guild entity by informing you of such assignment. Project Guild and you are not legal partners or agents, but are independent contractors.
17. Apple-Specific Terms
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any mobile application version of the Site compatible with the iOS operating system of Apple Inc. (“Apple”, and such mobile application, the “App”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Project Guild in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Project Guild’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
18. The Project Guild Apps
By using any of the Project Guild Apps, including but not limited to the Project Guild Job Search, Project Guild Resume Search, Project Guild Employer, Project Guild Job Spotter or others, you agree that all of the terms and conditions found herein apply to your use of the Project Guild App. Additionally, you agree that the Project Guild App may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications. By downloading and using the Project Guild App, you are asking Project Guild to make formatting changes to any Job Listings as they appear on your phone, in order to enable you to utilize your Project Guild Resume. You further acknowledge that your use of the Project Guild Apps may require use of your data plan from your cellular provider. You are responsible for payment of all data usage accrued based on your use of the Project Guild App, and Project Guild disclaims all responsibility for such data usage. In addition, if you allow Project Guild Apps to utilize location services, the Project Guild Apps may suggest to you and collect from you certain information based on your geographic location.
19. Use of Site by Minors
The Site is not for use by anyone under the age of 16. However, if local laws provide for an alternative minimum age for Project Guild to lawfully provide the services in the Site to you, then that shall apply as the applicable minimum age. In all jurisdictions outside the European Union, if you are under the age of 18 or the age of majority in your jurisdiction, you must use Project Guild under the supervision of your parent, legal guardian or responsible adult. Project Guild adopts a range of measures to try to ensure that we do not accept individuals who do not meet the minimum age and any other applicable age requirements. If you do not satisfy these age requirements, please email privacy-dept @ Project Guild.com (remove spaces when sending email).