Terms of Service – BARBRI Job Network

BARBRI General Terms of Service

A. Terms of Service for Job Seekers

1. Job Listings

BARBRI, Inc. (“BARBRI”) has established the BARBRI Job Network (“Site” or “Job Network”) to connect paralegals, legal support staff, law students, and lawyers (collectively, “Job Seekers”) who registered and created a registered profile on the Site, with potential employers that have registered and created a profile on the Site (“Employers”). The Site is free for use by all Job Seekers and Employers (collectively, “Site Users”).

The Site may make available Job Listings to promote employment opportunities and other career-related content (“Job Listings”) to Job Seekers, including links to third-party websites through BARBRI’s search results or otherwise through the Site. Job Listings are created and posted by third parties whom BARBRI exercises no control over. Site Users acknowledge and understand that BARBRI has no control over the content of the Job Listings or Site Users profiles, including any links to third-party websites, Job Listings, or any conditions third parties might impose once a Job Seeker has submitted an application or when any Site User leaves the Site. If you leave the BARBRI Site and choose to enter a third-party website, you do so at your own risk and accept any terms and conditions imposed by that third-party Site, and you acknowledge and agree that BARBRI has no control over such third party or its website.

Third party websites may have conversion trackers or use APIs and other functionality which may inform the Job Network that an application has been completed on an Employer site. An Employer who installs such functionality is required under this Agreement to provide any notice and obtain any prior consent, that may be required by applicable law. You agree to BARBRI’s use of, and receipt of information from, any such conversion tracker functionality. Except for sponsored, featured, or paid placements, the Job Listings contained on, or linked from, the Site are indexed or posted in an automated manner. BARBRI has no obligation to screen any Job Listings, or to include any Job Listings, in its search results or other listings, and may exclude or remove any Job Listings from the Site or your search result for any or no reason. You understand and agree that BARBRI has no obligation to present you with any or all Job Listings. 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. BARBRI assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Listings, Company Pages, screener questions and responses, and assessments. Additionally, BARBRI may provide search options to narrow down Job Listings search results by job type categories (i.e., full-time, part-time, etc.), and such categories are created independently and entirely by BARBRI and may not directly or accurately reflect the content of the Job Listings. BARBRI may reformat Job Listings so that you may read them more clearly on a mobile phone. Placement of a Job Listing on a certain page is not a representation regarding the nature of the role for legal purposes. While BARBRI may in some circumstances be compensated by employers who post Job Listings, helping keep BARBRI job search free for Job Seekers, all Job Listings are considered advertising. BARBRI displays Job Listings based on a combination of employer bids and relevance, such as search terms, and other information provided, and activities conducted on BARBRI. You are not permitted to use BARBRI’s Site or its content other than for non-commercial purposes. For purposes of this Section of the BARBRI General Terms of Service, all references to “you” or ““your” shall mean you, the individual or organization accessing this Site in your capacity as a Job Seeker. BARBRI may provide functionality to call a telephone number contained in a Job Listing using the phone app on a mobile device. BARBRI cannot guarantee that the extracted phone number is the correct phone number for the Employer or for the Job Listings you are viewing.

2. Resumes, Profile, and Recommended Jobs

By creating a public resume through the Site (“Resume”) or uploading a file resume on the Site (collectively, “Your Resume” or “Job Seeker Resume”), you are requesting and authorizing BARBRI to make available Your Resume to third parties, such as Employers, that BARBRI believes may have an interest in Your Resume. If you do not want BARBRI to make available Your Site User profile and linked Resume to third parties or if you do not want Employers to contact you, set your Site User profile to private. Setting Your Site User Profile to private will not affect your previous applications or prevent employers to whom you have responded from contacting you. You can read more about our site’s privacy policy here [link to sites privacy policy].

By creating a Site User Profile on BARBRI, BARBRI may share with you Job Listings that match the contents of Site User Profile. These highlights do not mean you are or are not qualified for the job or should or should not apply for it. Applying for such Job Listings does not guarantee job interviews or hiring. Even where BARBRI highlights items or a Job Listing is shared with you, BARBRI assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Listings or highlights. By creating or uploading Your Resume, you are requesting and authorizing BARBRI, or an BARBRI vendor, to review or scan Your Resume and provide you feedback (in BARBRI’s discretion), including suggested changes. BARBRI assumes no responsibility and disclaims all liability for any changes you make based on any feedback provided. BARBRI assumes no responsibility and disclaims all liability for the resume or application information you post, send, or receive through the Site. By uploading a file resume on the Site, you agree that BARBRI may convert your file resume to a different file type. It is your responsibility to review Your Resume to ensure that the content appears as you intend, and that it contains the right information or any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact BARBRI to do so. It may take a few days for updates to your account or resume to be reflected. To mitigate fraud, BARBRI may mask or hide your contact information, for example, we may mask or hide your email address and/or phone number, from Your Resume or application and may substitute it with an alias. BARBRI makes no promise to you about whether all or part of your contact info will be masked or hidden, and the decision to mask or hide such info is in BARBRI’s sole discretion. BARBRI reserves the right to limit your ability to set Your Resume to public, and may toggle a public resume to private, at any time, to prevent illegal conduct, for fraud mitigation, or for any other reason in BARBRI’s discretion.

If you have a BARBRI account, a Resume, or an uploaded file resume, you agree that BARBRI may associate Your Resume data with your profile on BARBRI (“Profile”). Your Profile consists of information you provide on the Site in the “Profile” section of your account. This includes your Resume, your scores on any Assessments you may have taken and any information that you choose to include, such as your desired job title, job types, work schedule, whether you are ready to work, or pay. Information in your Profile, except as otherwise indicated on the Site, may be available to third parties, such as Employers. If you do not want BARBRI to make your Profile available to third parties or if you do not want Employers to contact you, set your Site User profile to private or remove Your Resume. Your response to a BARBRI Assessment will be associated with your Profile. You may choose whether your Assessment response is available to Employers viewing your Profile. You can enable the ready to work feature on your profile to let Employers know that you can start work immediately. BARBRI may disable that feature from your profile after a certain time, but you can manually enable it again.

BARBRI may also automatically send you recommended jobs via the email address you use to create a BARBRI account or apply to a job. BARBRI 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 (including in Your Resume), 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 BARBRI.

3. Applying to Jobs Through BARBRI

Any resume or application information that you submit through the Site, including Personal Data included in a resume, application or responses to screener questions and assessments (“BARBRI Apply”), is subject to this Agreement and to BARBRI’s Recruiting Privacy Policy. Prior to submitting an application, you acknowledge that you are responsible for reviewing and confirming that you are applying to your desired Employer. Once you provide information to an Employer (whether in the form of a job application, resume, email, or otherwise), BARBRI does not have control over the Employer’s use or disclosure of that information. If you want to request the Employer delete, modify, or maintain confidence over any such information, you must make such a request directly to the Employer. (All references on the Site to “Apply Now,” “Easily Apply,” “Simple Apply,” “Apply from your phone,” “Apply with BARBRI,” “RSVP to hiring event” or any similar references mean “BARBRI Apply.”) BARBRI may use your application materials to determine whether you may be interested in a Job Listing, and BARBRI may reach out to you about such Job Listing. BARBRI may store such information regardless of whether a Job Listing has been closed or is no longer available on the Site. To maintain the quality of the Site and Services, BARBRI in its sole discretion may impose limits on your ability to apply to Job Listings or to other BARBRI services. In addition, when you indicate your interest in a Job Listing through BARBRI Apply or by sending your resume and application information to BARBRI, and you are requesting and authorizing BARBRI to make available such application information to the applicable Employer(s) for such Job Listing(s). When you ask BARBRI to transmit an application or a message, including, but not limited to, a signed offer letter, to an Employer via BARBRI Apply or BARBRI’s relay system, or store such application, you understand that this is without warranty, and that BARBRI reserves the right to reformat such application or message.

You acknowledge and agree that Employers may request that BARBRI assemble your application materials, resume, answers to screener questions, assessment responses and other information you provide to BARBRI into one document, and you agree that in doing so, BARBRI assembles these application materials on your behalf. When you apply for a job on BARBRI you agree to BARBRI’s performance of automated processing in relation to your application, as such processing is an essential part of this Agreement. Additionally, you consent to your application and any responses sent to you by the Employer (including offer letters) through BARBRI being processed and analyzed by BARBRI according to this Agreement and BARBRI’s Recruiting Privacy Policy.

When you apply to a job using BARBRI Apply, BARBRI will attempt to send your application to the contact information provided to us by an Employer or their Agent, which may include sending your application to an Applicant Tracking System (ATS) selected by the Employer. We cannot guarantee that such messages and applications will be delivered, received, accessed, read, or acted upon. BARBRI also does not guarantee that any Employer will receive, be notified about, access, read or respond to any such resume or other application material, or that there will be no mistakes in the transmission or storage of the data. Further, BARBRI does not guarantee that the interface will be error-free. However, BARBRI may alert you when any of the above events occur. Please note that Job Listings may expire between the time you submit your application and from the time it is received. BARBRI has no responsibility for expired Job Listings or for delivering applications prior to a Job Listing’s expiration. In addition, we cannot vouch for the validity of the contact information provided to us by Employers. We also cannot vouch for the technical capabilities of any third-party sites, including but not limited to ATSs. Third party sites, including ATSs used by Employers, may disclaim liability for technical malfunctions, including the failure in the delivery of applications. We are not responsible if an ATS rejects or fails to deliver an application to an Employer for any reason. If you do not feel comfortable sending an application or messages in this manner, or having your application or messages stored on BARBRI, do not use the BARBRI Apply or BARBRI relay functions and please send your application or messages directly to the Employer by whatever other method you so choose, including the public mail system. You may contact the Employer directly to find alternative methods of application if you do not wish to apply through BARBRI. By using the BARBRI Apply system, you fully consent to the above.

If you require alternative methods of screening or application, you must approach the Employer directly to request such as BARBRI is not responsible for the Employer application process.

By using BARBRI, you agree that BARBRI is not responsible for the content of the Employer’s job application, messages, screener questions, skills assessments or their format or method of delivery, and that BARBRI does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that BARBRI does not choose the questions asked by Employers or decide the job qualification criteria of Employers. Some questions may be labeled as Optional, indicating only that the application may be submitted to the Employer without providing an answer. BARBRI cannot guarantee that the Employer will consider such an application or make a particular decision with regard to such an application. BARBRI may inform Job Seekers that an Employer’s requirement from a job description does not appear to be present on a resume or application; this information is presented without warranty and BARBRI does not guarantee that updating a resume or application will result in any job offer. BARBRI does not guarantee the identity of an Employer or any individuals working for any Employers, and cautions Job Seekers when applying to jobs. BARBRI cannot make any guarantee regarding health and safety measures in an Employer’s hiring or interviewing process. BARBRI recommends Job Seekers follow personal health and safety best practices as recommended by the World Health Organization or similar institution. BARBRI does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Job Seekers are solely responsible for verifying the accuracy of any Employer or job offer.

BARBRI may send you a notice relating to account security, informing you that you may have recently interacted with a compromised account. BARBRI cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that BARBRI bears no responsibility for doing so. BARBRI makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.

BARBRI may use your application materials (including resumes and responses to screener questions) and the recency of your activity on BARBRI to determine whether the words of any Job Seeker’s resume and answers to screener questions match the words of a Job Listing or Resume query, and vice-versa. You agree and consent that BARBRI may differentiate those matching resumes and screener questions from those that do not match and present them to Employers as matches or not matches. BARBRI may also use such information in order to improve the Site or any other BARBRI product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers). BARBRI may also highlight to you items in your prior application materials (including items in your resume and past responses to screener questions) that may match qualifications from the Job Listing or highlight to your items that appear in the Job Listing that may not match your application materials. These highlights do not mean you are or are not qualified for the job or that you should or should not apply for it. Applying for such Job Listings does not guarantee job interviews or hiring. Even where BARBRI highlights items or a Job Listing is shared with you, BARBRI assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Listings or highlights.

By using BARBRI Apply and answering screener questions, you acknowledge that Employers may have instructed BARBRI to send out rejection notices if your answers do not match the answers sought by the Employer, and you acknowledge that BARBRI has no discretion in the transmission of these rejections. BARBRI may offer Employers the ability to activate a feature on their account called Employer Assist. Activating Employer Assist means the Employer is instructing BARBRI to send a message on the Employer’s behalf to the Job Seeker informing them that the Employer has determined not to move forward with their application. These notices are automatically sent after a period of time selected by the Employer unless the Employer indicates to BARBRI their interest in your application. You acknowledge and agree that BARBRI 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 on BARBRI within the time period selected by the Employer. Any interactions the Employer has directly with you and not through a tool provided by BARBRI (for example, calling or emailing you directly instead of through an BARBRI Relay Service) are not visible to BARBRI, and would not by themselves prevent an Employer Assist rejection notice from being sent.

When you search for jobs on the BARBRI Job Search app and proceed to apply for a job, including jobs on third party sites, BARBRI may suggest information from your Profile to include in your application. It is your responsibility to review suggestions before accepting them and including them in your application.

4. Communications and Other Actions on the Site

When you view, send, store, or receive materials (including Job Listings, resumes, messages, applications, questions and responses in applications, and any other information) through or using the Site, BARBRI may, for example, use such materials for data analysis, quality control, or to refine the Site or any other BARBRI product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When an Employer views, sends, stores, or receives materials through or using the Site, BARBRI may inform you about such actions. Additionally, we may also inform you that an Employer has taken other actions with regards to a Job Listing, your Resume, or your application, such as pausing or closing a Job Listing, opening your Resume or application, viewing your Resume or application, responding to your Resume or application, and making a decision with regards to your application or Job Listing. BARBRI may inform the Employer about activities you take on the Site or your use of the Site, for example, whether you are online or active on BARBRI, and you hereby consent to BARBRI taking such actions.

If you have turned on browser push notification and wish to turn them off, you may do so by visiting the settings on your browser.

BARBRI may offer you the opportunity to receive a text message interview reminder from BARBRI when an Employer has scheduled interviews with you. In such an event you will enter your phone number on the BARBRI consent form and by entering your phone number you are representing and confirming it is your phone number and that you have the right to accept text messages at the number. BARBRI 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. You acknowledge that if the words “automated,” “automatic,” or similar words are used on the Site in connection with calls or text messages, these words do not refer to the generation or storage of a phone number. BARBRI only calls the number that you generated and stored when you provided your number to BARBRI. In the event you change your phone number, you agree to promptly update your BARBRI account with the new number. You agree that by providing your phone number or using the Site, you are establishing a business relationship with BARBRI and that BARBRI may send you text messages in connection with that relationship. 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.

BARBRI may also insert functionality into messages relating to your application allowing you to place calls directly to third parties. Please note this functionality is provided solely as a courtesy and that such calls are not placed through or tracked by BARBRI. Your standard calling rates with your phone provider will apply.

You may receive messages, including but not limited to text messages, emails or email notifications corresponding with your or an Employer’s (in the event you applied for a job) activity on or use of the Site, BARBRI Apply, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you accept an interview request, it is your responsibility to follow up with the employer separately to ensure they know your response, do not rely on notifications through BARBRI. BARBRI 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.

BARBRI may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address to the Employer. Once an Employer has your contact info, you agree that BARBRI is not responsible or liable for the manner in which the Employer uses the info. Should you choose to send an email from a third-party email client, the person with whom you are communicating may be able to see your email address, rather than the alias. If you send or receive communication on or through the Site, you agree to your communication being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other BARBRI policies, content moderation, and to improve the Site or any other BARBRI product or service.

BARBRI reserves the right to turn on or enable other communication options for selecting Employers or Job Listings, in its sole discretion, and to notify you whether other communication options are available for a particular job or Employer.

5. Virtual Communications

Employers may offer you the opportunity to participate in virtual and remote communications using phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). You understand that BARBRI is not a telecommunications service provider and that BARBRI is only providing the option for you to communicate with Employers via services that may be offered by third-party providers. Please note that since these telecommunication services may depend on the functionality of third-party providers, there may be technical delays or malfunctions on the part of those providers. We cannot vouch for the technical capabilities of any third parties to receive, transmit, or support such phone or video communications. BARBRI does not guarantee any aspect of your Virtual Interview experience including transmission of phone or video communications, quality of audio/visual content, data security, or data usage and restrictions. BARBRI is not liable for any claims arising out of your use of Virtual Interviews and you release BARBRI from any such claims.

You understand that BARBRI does not guarantee the Employer’s schedule or availability for conducting Virtual Interviews and cannot vouch for the validity of the contact information provided to us. You also understand that the Employer is responsible for any and all questions, comments, or hiring decisions made. Further, Employers are responsible for any accommodation you need during Virtual Interviews.

NOTICE – Virtual Interviews May be Recorded: You understand that an Employer may enable the recording of a Virtual Interview. You agree to respect any notification (visual, audio, or otherwise) which may indicate that recording is enabled by an Employer on Virtual Interview. If you do not agree to be recorded, you must immediately leave the Virtual Interview. By using Virtual Interviews, you agree that the Virtual Interview may be recorded and that BARBRI and third-party providers can store and access the recording. Also, you agree that an Employer activating the recording function, and subsequently accessing, storing, using, or analyzing the recording is outside of BARBRI’s control. YOU FURTHER AGREE THAT BARBRI IS NOT LIABLE FOR ANY CLAIMS ARISING OUT OF THE RECORDING OF VIRTUAL INTERVIEWS, AND YOU RELEASE BARBRI FROM ANY SUCH CLAIMS.

YOU UNDERSTAND AND AGREE THAT THERE IS NO PROTECTION FOR ANY INFORMATION YOU SHARE OR DATA THAT YOU TRANSMIT WHILE PARTICIPATING IN VIRTUAL INTERVIEWS INCLUDING, BUT NOT LIMITED TO, AUDIO/VISUAL CONTENT, INTERVIEW QUESTIONS AND ANSWERS, OR YOUR IMAGE OR LIKENESS. YOU ACKNOWLEDGE AND AGREE THAT BARBRI IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT DURING YOUR USE OF VIRTUAL INTERVIEWS. BARBRI ASSUMES NO LIABILITY FOR THE MISUSE OF ANY DATA YOU SHARE OR TRANSMIT THROUGH USE OF VIRTUAL INTERVIEWS.

YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN DISCRETION AND RISK AND THAT BARBRI DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS.

6. Assessments

Assessments is an online tool for the provision and review of skills assessments selected by Employers (“Assessments”) and responses from Job Seekers (“Responses”) through the Site. Employers may send to you Assessments, to which you may provide Responses. After you provide a Response, the Employer will be able to use the Assessments platform to review the Response. If there are multiple versions of the same Assessment, the Response percentile for any Job Seeker will be determined only in relation to other Responses to the same version of that Assessment.

An Assessment only evaluates a particular skill. It does not evaluate a Job Seeker’s qualification for any job. Whether a particular skill is relevant to a job, or whether a Job Seeker is qualified or appropriate for a job, is decided solely by the Employer sending the Assessment and reviewing your Response. Receiving or responding to an Assessment does not guarantee a job or job offer, or a job offer at any particular salary, or any further communication or action by any Employer. An Employer is the sole party to determine whether a Response indicates a qualified Job Seeker. Employers may have instructed BARBRI to send out rejection notices if you have not responded to Assessments in a manner acceptable to the Employer, and you acknowledge that BARBRI has no discretion in the transmission of these rejections. The Employer is the sole party to determine whether to consider any retaken Assessments as part of their hiring process.

You acknowledge and understand that Employers (or their employment agencies) select which Assessments to associate with their job openings, and that BARBRI does not choose the Assessments sent by Employers and has no control over Employers’ selection or use of Assessments. You agree that the questions in any Assessment are solely being asked by the Employer sending the Assessment. You further agree that BARBRI is not responsible for offering alternative methods of screening, if so, required by the Americans with Disabilities Act or any other equivalent or similar law, and that the responsibility for offering any such alternative method lies solely with Employers. If you require accommodation, or any alternative method(s) of Assessment, screening, or application, you must indicate it to the Employer. BARBRI may provide a means by which you may request such an alternative method or other accommodation from the Employer; BARBRI does not guarantee the Employer’s receipt of, or response to, any such request. While BARBRI is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, BARBRI does not warrant that the method of delivery of any Assessment question is compliant with the Americans with Disabilities Act or any equivalent or similar law.

You agree and acknowledge that the usefulness and value of Assessments and Responses depend on their contents being kept confidential. You therefore agree to keep the content of Assessments and Responses confidential and to not reproduce or discuss them with anyone, except that you may communicate with an Employer about an Assessment they have sent to you and your Response.

BARBRI does not have any obligation to screen any Assessment or Response, or to include any Assessment or Response in the Site and may exclude or remove any Assessment or Response from the Site for any or no reason without liability or notice. Assessment links sent to you may continue to be active after an Employer has paused or closed their job campaign on BARBRI. Once an Employer pauses or closes their Job Listing (for example, after the Employer has made a hire), BARBRI cannot guarantee that the Employer will view any related notices or updates, including Assessments, Responses, and accommodation requests. You may still choose to take the Assessment for the purpose of adding its results to your Profile or for another job application.

BARBRI may also offer you the option to select an Assessment to complete independent of a particular job, and your Response will be associated with your Profile. You may choose whether the Response is available to Employers viewing your Profile, though BARBRI will count the Response for purposes of generating aggregate Response statistics even if Your Response is hidden.

As a Job Seeker, you consent to your Responses, applications, and any other communications sent through Assessments being processed and analyzed by BARBRI according to this Agreement and BARBRI’s Recruiting Privacy Policy. You are requesting and authorizing BARBRI to make your Response available to the Employer providing the Assessment, or (in the case of Assessments selected by you) to any Employer viewing Your Profile. You understand that this is without warranty, and that BARBRI reserves the right to display or reformat Responses in a manner to permit Employers to review your Response together with Responses from other Job Seekers. BARBRI may aggregate the results of all Job Seeker-selected Assessments for the purpose of displaying the percentile for Your Response. You also acknowledge that once you have requested that BARBRI transmit your Response to an Employer, that request cannot be canceled. BARBRI does not guarantee that any Employer will receive, access, read or respond to any Response, or that there will be no mistakes in the transmission of the data. However, BARBRI may alert you when any of the above events occur.

As a Job Seeker, you shall not create or send any Response which: (i) contains any highly confidential personal information, such as bank account or credit card information, online account information, social security numbers (or similar counterparts outside the United States of America), health information, or other categories of data subject to special breach notification requirements in any country; (ii) 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 (iii) directly or indirectly violates the Site Rules.

BARBRI does not act as an employment agency by offering the Assessments tool. By using Assessments, you acknowledge and agree that BARBRI is not procuring employees for Employers or procuring opportunities to work for Job Seekers. BARBRI merely provides a tool enabling Employers and Job Seekers to exchange Assessments and Responses as they determine. The sole responsibility for the content of any Assessment or Response, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of Assessments, is solely with Employers or Job Seekers as applicable.

As a Job Seeker, you agree that any rights you have under any applicable employment, equality, or discrimination laws, the The Fair Credit Reporting Act (US/UK Versions), any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries, may only be asserted against the Employer.

BARBRI is not a third-party beneficiary of or liable for any agreements between an Employer and Job Seeker, regardless of whether or not BARBRI receives a fee from the Employer in connection with the transaction. BARBRI will not be liable for any costs or damages arising out of or related to such transaction.

BARBRI assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of the Site, the Assessments tool, and any Assessment or Response.

7. Salary, Career, Hiring and Other Information Provided by BARBRI

BARBRI may provide some information and content to users for informational purposes only. For example, BARBRI may provide you with data regarding estimated salaries for a given Job Listing, number of applies to a Job Listing, responses to certain screener questions for a Job Listing, or the likelihood that a particular event will occur such as being selected for an interview. This information provided by BARBRI is based on estimates given for informational purposes only and without a warranty and is subject to change or varying levels of accuracy. BARBRI 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 BARBRI, including from BARBRI affiliates. These figures are given to BARBRI users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction, and you should consult the employer for actual salary figures. BARBRI, in its sole discretion, may add labels or badges to Employer names or Job Listings, such as, “Responsive Employer” or “Active Employer” or “Hired on BARBRI.” Employers may also request that BARBRI add such labels. BARBRI shall determine the method by which such labels or badges are determined, or which Employers qualify. The lack of a label or badge may indicate that BARBRI does not have sufficient data to determine if an Employer qualifies. Some of the data may be provided by the Employer and BARBRI does not guarantee the accuracy of such data. BARBRI does not guarantee the accuracy of any label or badge that is added to Employer names or Job Listings based on employer provided data, including data on Job Listings. BARBRI may also display publicly available information about employers on Company Pages. Information on Company Pages is presented for informational and promotional purposes only, is subject to change, and may be gathered from or generated by third parties. BARBRI assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Company Page. Please contact the employer for the most accurate and up-to-date company information.

Similarly, career-related, or hiring-related information provided by BARBRI is for informational purposes only and is in no way to be construed as professional career counseling or staffing services. You understand that BARBRI 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, BARBRI 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, or assurance of being hired, and you take full responsibility for use of these services or guides. As a user of the Site, BARBRI 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.

BARBRI may offer, as part of the Services, the opportunity for you to engage with third parties, sometimes referred to as career coaches or professional writers, to discuss job search, resume writing, or career strategies, either through the Site or in person. Regardless of how you interact with them, you acknowledge that these third parties are not employees of BARBRI and that BARBRI is not responsible for the content of any such discussion. Do not share any information you consider confidential or personally sensitive with these third parties. BARBRI does not guarantee the quality or effectiveness of any advice, recommendations, or guidance you may receive from these third parties. You agree that, to the maximum extent permitted by law, BARBRI will have no liability arising from any discussion you have with such a third party.

8. Your Job Seeker Data

As a Job Seeker, you take a variety of actions on our Site, and you provide various information. For example, you search for jobs, and BARBRI knows and stores the titles of jobs you search for and click on, where those jobs are located, 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 BARBRI, information you provide directly to BARBRI including desired salary, or past experience, or any information in your Profile, or any of your other behavior on the Site or information provided. You know exactly what this data is because you are the person who provided the information or undertook the activity, and the data pertains only to your activity. If you have an BARBRI account or a Job Seeker Resume, you agree that BARBRI may associate this data with your 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 BARBRI. You also agree that BARBRI may contact you based on this observed behavior or provided info on behalf of Employers or BARBRI itself. Please note, the aforementioned actions do not include information sent to you by a third party, however, BARBRI may publicly display the fact that you have recently used the BARBRI Site to correspond with a third party. In addition, if you set Your Resume to public, this means that BARBRI 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. When you make changes to your Profile, including, but not limited to, updating, deleting, or changing settings on Your Resume, it may take a few days for the changes to be reflected.

In addition, you may have the opportunity to provide BARBRI with certain demographic information about yourself, such as your race and ethnicity, gender, age, LGBTQ+ community membership, and disability status (“Demographic Information”). By choosing to provide your Demographic Information, you agree that BARBRI may use it to evaluate and improve our products and share aggregate summaries of job seeker information with employers. If you do not want your Demographic Information to be used in this way, do not provide it to BARBRI (or, if you have already provided your Demographic Information to BARBRI, you can request it be removed). You further acknowledge and agree that another Job Seeker’s Demographic Information is personal information, and to the extent permitted by law you waive any right to request or view Demographic Information pertaining to any other Job Seeker.

9. Screening Tools

BARBRI may make screening tools available to Employers for Employer use in the application process, including screener questions, phone screen tools, and assessments. As a Job Seeker, you agree that the Employer has decided to use these tools as part of the application process, and the questions asked are solely determined by the Employer and are not being asked by BARBRI. The Employer is the sole party to determine which answers will qualify a candidate and is solely responsible for the use of the screening tool, including any results which are considered to have a “disparate impact” You further acknowledge that only the Employer is responsible for offering alternative methods of screening if so, required by the Americans with Disabilities Act or any other equivalent or similar law. While BARBRI is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, BARBRI does not warrant that the method of delivery of these questions is compliant with the Americans with Disabilities Act or any equivalent or similar law.

10. Governing Law and Dispute Resolution

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 the England and Wales, 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 Dallas County, Texas, U.S.A., if you are located in the United States, or London, England, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Dallas County, Texas, U.S.A, if you are located in the United States of America, or London, England, 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.

12. Class Action Waiver

By using the Site for any services or recruiting elements in return for the services offered by BARBRI, you acknowledge that BARBRI can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and the Publisher Program, you agree not to sue BARBRI 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 BARBRI regarding your use of the Site. Additionally, as a Job Seeker, your use of job search on 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 the Section above.

B. Terms of Service for Employers

The following terms and conditions apply to all Employers and other users who access or use the Site as intended for 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, or otherwise indicate their acceptance to this Agreement. For purposes of this Section of the BARBRI General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as an Employer.

1. Employer Accounts

When you create an account, a Company Page or post job listings advertising employment opportunities and other job-related contents, including links to third-party websites (“Job Listings” or “Job Listings”) on the Site, or otherwise, you agree that this Agreement, the terms associated with any BARBRI service you are using, and all of BARBRI’s policies, including the BARBRI Privacy Policy and Cookie Policy, apply to you.

As an Employer, your account is for business use and not for personal use. BARBRI is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for an account, you agree to receive mandatory email updates regarding anomalous activity to your 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) can provide these other users varying levels of access and functionality (“Roles”) within the account, as described on the site, including but not limited to accessing account data or purchasing services from BARBRI under such account. If you are an Admin adding a user to a Role or several Roles, you represent to BARBRI 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 BARBRI 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, access to your account, and any purchases made under your account. You agree that BARBRI assumes no liability in regard 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. When using a Linked Account, any users with access to certain Roles may also have the ability to purchase BARBRI products under your account, and you agree that you are responsible for the payment of all such purchases made.

Change of Address: If you have provided an address to us, and you change such 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 BARBRI 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 BARBRI party identified in the first paragraph of this Agreement with respect to such new territory.

You agree that BARBRI may send notices to Job Seekers informing them that an Employer account has been compromised, including if such account is associated with you. BARBRI cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that BARBRI bears no responsibility for doing so. BARBRI makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.

BARBRI may offer suggestions, recommendations, or information to users that may support or improve their experience on BARBRI Sites. You understand that these offers are provided as a courtesy and without a warranty, and your use of such information is at your sole discretion. As an Employer, you are responsible for your use of the Site and any tools offered therein, including your decisions regarding your job description, the requirements for your job, and whom you interview or hire. BARBRI assumes no responsibility and disclaims all liability for any actions you take based on any information provided by BARBRI.

2. Employer Services Including BARBRI Apply and Screener Questions

You also agree that, as a service to Job Seekers, BARBRI may activate its BARBRI Apply relay function for use in connection with your Job Listings, and that any Job Seekers who wish to indicate an interest in such Job Listing may only do so through BARBRI Apply, and that BARBRI will send applications to the email address you provide us with. You also agree that BARBRI may enable Job Seekers to apply to your Job Listing by answering questions. The answers a Job Seeker submits are presented to you as an email. You acknowledge and agree that BARBRI may make available functions allowing you to take actions regarding the Job Seeker, such as tools for setting up an interview, viewing a resume and rejecting a candidate. You agree that by using such candidate tools, you are instructing BARBRI to assemble the candidate’s application materials, resume, answers to screener questions, assessment responses and other information you provide to BARBRI into one document. You further agree that BARBRI is not responsible for maintaining or storing such application materials, and that you are responsible for your own compliance with any applicable record retention requirements. By using these tools, you are providing information to BARBRI and requesting and authorizing us to make available such information to the applicable Job Seeker. For example, when you choose whether a qualification is preferred or required (including marking it as a deal breaker), this information may be highlighted to Job Seekers. Additionally, you consent to any information shared through BARBRI being processed and analyzed by BARBRI according to this Agreement and BARBRI’s Recruiting Privacy Policy. BARBRI may store such information regardless of whether a job vacancy has been filled.

You are responsible for the contents of your emails, application form, screener questions or their format, Company Pages that you create, any Job Listings that you post, and any messages that you send through BARBRI or otherwise and agree that BARBRI is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that BARBRI may reject or remove any Job Listing, any part of any Company Page, or any questions for Job Seekers for any or no reason. BARBRI further does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. You are solely responsible for checking your Employer dashboard to view job applications and other information. Any notifications, such as emails, you may receive about applications or other activities, are provided solely as a courtesy to you and you should not rely on them.

In the event a message being sent is intended for a closed account, these messages will not be deliverable. If you do not feel comfortable sending a message, including but not limited to an offer letter, to a Job Seeker through BARBRI’s relay functions, do not use the BARBRI relay functions and please contact the Job Seeker via the personal information provided in such Job Seeker’s resume or application or by whatever method you so choose. When using the BARBRI functions, BARBRI will attempt to send applications to the contact information provided to BARBRI by you, however, BARBRI has no ability to verify the contact information provided by you. In the event you provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Seekers, and you indemnify BARBRI for any damages resulting therefrom.

When you use the BARBRI functions for your Job Listings, you acknowledge and agree that BARBRI may add functions into the corresponding emails. For example, BARBRI may mask or hide contact information, such as email addresses, from resumes or applications and may substitute it with an alias. In addition, BARBRI may, on your behalf, send out reminder emails to Job Seekers you wish to interview. BARBRI may also send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume. When you use screener questions, you may be given the option to instruct BARBRI to send out rejection notices if the Job Seeker has not answered the questions in the manner set forth in the online instruction. If you choose such an option, you agree you are instructing us to send out rejection notices to such candidates. You further acknowledge that BARBRI has no discretion in the transmission or storage of these or all other rejection notifications (which is purely mechanical), that transmission or storage is not guaranteed, and that the Job Seeker may not have answered the screener questions accurately. If you choose such an option, you acknowledge that BARBRI has no discretion in the transmission or storage of rejection notices.

You agree that BARBRI may take action to try to identify and reduce spam applications, and that one method of doing so may include imposing a cover letter requirement for such applicants. BARBRI does not verify the identity of any Job Seekers who apply to your job listing, nor does BARBRI know a Job Seeker’s motivation for applying to your job listing, and thus provides no guarantee as to the Job Seeker’s qualifications or interest in your job listing. You agree that BARBRI Apply and BARBRI’s relay functions are presented to you without warranty and BARBRI assumes no responsibility for the communications between you and the Job Seeker, which communications are yours’ and the Job Seekers’ sole responsibility.

By using any automated phone screen product, you agree that you are requesting BARBRI to send a Job Seeker a telephone number, which the Job Seeker may call with the purpose of answering your telephone screening questions. You agree these questions are part of your application process, are solely determined by you, and are not being asked by BARBRI. You also agree that you are only asking BARBRI to record the Job Seeker’s answers to your screening questions and that BARBRI will forward you the recording of the answers to your questions. You consent to BARBRI listening to and analyzing the recording in accordance with BARBRI’s Recruiting Privacy Policy. BARBRI disclaims all warranties with regards to the transmission or storage of such phone screens and responses, does not guarantee their delivery or receipt, and does not guarantee the date or time to which they may be sent.

You shall indemnify, defend, and hold harmless BARBRI, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Company Page created or claimed by you, or any Job Listing or screener questions (or answers thereto) posted by you, or any message sent by you (including any questions for Job Seekers contained in any of the foregoing). BARBRI may make Job Listing analytics data available on a Company Page or elsewhere on the Site and may provide analytics data regarding your Employer account to anyone at your company at BARBRI’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any BARBRI product, BARBRI reserves the right to suspend or terminate your use of that BARBRI product as well as any other BARBRI product, including but not limited to those BARBRI products where you do not have an unpaid invoice or account balance. BARBRI may elect to apply (i) penalties for late payment as per contemporaneous US Federal Reserve interest rates plus 10% or the maximum interest permitted by law, whichever is lower and (ii) a statutory lump-sum indemnity for recovery cost, if provided for under applicable laws, and (iii) any reasonable expenses and attorney fees BARBRI incurs collecting such late payments.

When you view, send, store, or receive materials (including Job Listings, resumes, and messages) through or using the Site, BARBRI may, for example, use such materials for data analysis, quality control, or to refine the Site or any other BARBRI product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When you view, send, store or receive materials through or using the Site or when you simply use or visit the Site, BARBRI may inform a Job Seeker that you have taken an action, for example, with regards to a Job Listing, Job Seeker’s Resume, or application such as pausing or closing a Job Listing, 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 Listing, and you hereby consent to BARBRI taking such actions.

BARBRI, in its sole discretion, may add labels or badges to Employer names or Job Listings, such as, “Responsive Employer” or “Active Employer” or “Hired on BARBRI.” Employers may also request that BARBRI add such labels. BARBRI shall determine the method by which such labels or badges are determined, or which Employers qualify. The lack of a label or badge may indicate that BARBRI does not have sufficient data to determine if an Employer qualifies. Some of the data may be provided by the Employer and BARBRI does not guarantee the accuracy of such data. BARBRI does not guarantee the accuracy of any label or badge that is added to Employer names or Job Listings based on employer provided data, including data on Job Listings.

If you access or use any BARBRI Application Programming Interface (API), including accessing and using the Site or any of the BARBRI Apps or any Applicant Tracking System (ATS) through an API, you agree to be bound by this Agreement, the BARBRI API Terms, BARBRI Privacy Policy, the Site Rules, and any additional rules and policies made available by BARBRI. YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE ANY API AT YOUR OWN DISCRETION AND RISK AND THAT BARBRI DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF ANY BARBRI API. It is your responsibility to regularly review any BARBRI App or the Site for the most up-to-date information (including, but not limited to, explanations about how features work, disclaimers and disclosures regarding the services provided, method for charging) about BARBRI’s products and services. By using an API, rather than directly using the Site or an BARBRI App, you agree to all information provided on the Site or an BARBRI App. Use of an Application or ATS via an API, rather than direct use of the Site or an BARBRI App, shall not excuse any lack of information or understanding about BARBRI’s products and services where that information is otherwise provided on the Site or an BARBRI App.

3. Job Match

BARBRI may use Job Seekers’ application materials (including resumes and responses to screener questions) and the recency of their activity on BARBRI to determine whether the words of their resume and answers to screener questions match the words of your Job Listing or Resume query, and vice-versa. You further agree and consent that BARBRI may differentiate those matching resumes and screener questions from those that do not match and present them to you as matches or not matches. BARBRI may also use such information in order to improve the Site or any other BARBRI product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers).

4. Salary, Applies or Other Information Provided by BARBRI

BARBRI may provide some information and content to users for informational purposes only. For example, BARBRI may provide Job Seekers with data regarding estimated salaries for a given Job Listing, number of applies to a Job Listing, responses to certain screener questions for a Job listing, or provide you with estimated applies to your Job Listing. All such figures provided by BARBRI are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. If you are participating in the BARBRI Listings Program and your Sponsored Job advertising budget is set on a per-apply basis, you will be charged based on BARBRI’s determination of Apply count as reflected in your employer dashboard and not based on the number of applies that may be provided to Job Seekers for informational purposes only. BARBRI 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 BARBRI, including from BARBRI affiliates. These figures are given to BARBRI users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction, and you should consult the employer for actual salary figures. BARBRI may also provide data regarding impressions in relation to your job listing. Such figures are provided for informational purposes only, are subject to change at any time, and BARBRI does not guarantee their accuracy. BARBRI reserves the right to change the method of measuring such figures at any time.

5. Screening Tools

BARBRI may make available to you screening tools for your use during the application process, including screener questions, phone screen tools and assessments. BARBRI is licensing these tools to you for your use as you determine. By using any screening product, made available to you by BARBRI, 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 BARBRI. 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 or similar law. While BARBRI is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, BARBRI does not warrant that the method of delivery of these questions is compliant with the Americans with Disabilities Act or any equivalent or similar law. You agree to indemnify BARBRI for any and all claims arising out of your use of a Screening Tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or similar or equivalent law, or that such Screening Tool results in a “disparate impact.”

BARBRI may offer Employers the ability to activate a feature on their account called Employer Assist. Activating Employer Assist means the Employer is instructing BARBRI to send a message on the Employer’s behalf to the Job Seeker informing them that the Employer has determined not to move forward with their application. To prevent a rejection, notice from being sent, you must indicate your interest in the application on BARBRI. Any interactions you have directly with a Job Seeker and not through a tool provided by BARBRI (for example, calling or emailing a Job Seeker directly instead of through an BARBRI Relay Service) are not visible to BARBRI, and will not prevent an Employer Assist rejection notice from being sent. If you activate Employer Assist, then you must interact with a Job Seeker through a tool provided by BARBRI to prevent an Employer Assist rejection notice from being sent. If you activate Employer Assist you agree that you are instructing BARBRI to send these messages to candidates with whom you do not interact within your chosen time frame, and you agree to indemnify BARBRI from any claims arising therefrom. You further agree that BARBRI may notify Job Seekers about the estimated time frame during which they may expect to hear back from you based on the time frame you choose in Employer Assist.

6. Communication through BARBRI

You may receive messages, emails or email notifications corresponding with your or a Job Seeker’s activity on or use of the Site or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you wish to interview a Job Seeker, it is your responsibility to follow up with the Job Seeker separately to ensure they know about the interview, do not rely on notifications through BARBRI. BARBRI 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.

BARBRI may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address to the Job Seeker. Once a Job Seeker has your contact info, you agree that BARBRI is not responsible or liable for the manner in which the Employer uses the info. Should you choose to send an email from a third-party email client, the person with whom you are communicating may be able to see your email address, rather than the alias. If you send or receive communication on or through the Site, you agree to your communication being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other BARBRI policies, content moderation, and to improve the Site or any other BARBRI product or service.

Specifically, if you post a Job Listing directly on BARBRI, applications are sent only to your BARBRI 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 Job Seeker has not answered screener questions correctly, although these applications will be sent to your BARBRI dashboard. BARBRI reserves the right to turn on or enable BARBRI Chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify Job Seekers that BARBRI Chat or other communication options are available for a particular job or Employer. For BARBRI Chat, you may access or view your messages by visiting your BARBRI Chat messages dashboard. If you do not wish to use BARBRI Chat, you may turn it off by visiting your BARBRI Chat dashboard. BARBRI may, in its sole discretion, turn off or disable BARBRI Chat for any Employer or Job Seeker at any time without prior notice.

7. Virtual Communications

BARBRI may offer you the option to manage virtual and remote communications with Job Seekers within BARBRI products, including but not limited to, BARBRI Interview, BARBRI Hiring Platform, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). Services may include giving you access to scheduling, video conferencing, web conferencing, meeting rooms, and other collaborative services offered by third-party telecommunications service providers. You understand that BARBRI is not a telecommunications service provider. BARBRI disclaims all warranties with regards to the transmission of virtual communications. BARBRI does not guarantee (1) availability of such services at the time You attempt to initiate them (2) the quality of such services, or (3) the dates or times you have arranged with Job Seekers for your Virtual Interview. Further, BARBRI does not verify the identities or qualifications of Job Seekers with whom you arrange Virtual Interviews.

YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN DISCRETION AND RISK AND THAT BARBRI DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS.

Upon your request, BARBRI may extend invitations to additional representatives at your company to join Virtual Interviews. You understand and agree that BARBRI will extend such invitations on your behalf based on the email addresses you provide for those representatives, but BARBRI is not responsible for inaccuracies in the contact information you provide. Further, BARBRI is not responsible, and you are solely responsible for the conduct or actions of your representatives. You represent that you have the authority to bind your additional representatives to BARBRI’s Terms, and by extending invitations to your representatives, you are binding them to BARBRI’s Terms.

You understand that BARBRI is only providing the option for you to communicate with Job Seekers via services that may be offered by third-party providers. BARBRI is not a party to your Virtual Interviews and is not a participant in any arrangements you make with Job Seekers. You are responsible for any requests for accommodations from Job Seekers. For example, if a sign language interpreter is requested, it is your responsibility to provide one if you are legally obligated to.

Recording Virtual Interviews: As an Employer, you may be presented with an option to enable recording of Virtual Interviews. You acknowledge and agree that you will not record, store, or analyze Virtual Interviews without permission from Job Seekers and all participants. By recording a Virtual Interview, you represent and warrant to BARBRI that you have secured all necessary consent and will comply with all applicable laws, including state and federal. By choosing to record Virtual Interviews, you agree that third-party providers and BARBRI can store and access the recording. However, you agree that BARBRI is not obligated to store or retain any recording of a Virtual Interview. YOU FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD BARBRI HARMLESS FROM ANY ALLEGATIONS, CLAIMS, ACTIONS, SUITS, DEMANDS, DAMAGES, LIABILITIES, OBLIGATIONS, LOSSES, SETTLEMENTS, JUDGMENTS, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COSTS) THAT ARISE FROM THE RECORDING OF VIRTUAL INTERVIEWS.

8. Company Pages

When you post a Job Listing directly on BARBRI or submit a request for a landing page on BARBRI, such as BARBRI Next, BARBRI may automatically generate a Company Page for you. You understand that BARBRI may display publicly available information about your company on the Company Page, in accordance with applicable law. You authorize BARBRI 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 (as defined below) 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, BARBRI may include all of your Job Listings posted on the Site on your Company Page, including but not limited to those posted directly on BARBRI as well as those indexed by BARBRI. You agree that you are solely responsible for any content you edit or 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.

BARBRI may additionally offer BARBRI Company Pages Premium, which includes features accessible only on a subscription basis and may be charged as indicated in an insertion order. BARBRI reserves the right to change or remove these features at any time, in BARBRI’s sole discretion. Additionally, these features may include analytics or other figures, which BARBRI does not guarantee the accuracy of, and you are responsible for determining their suitability for your intended use or purpose. You may cancel your participation in BARBRI Premium Company Pages Program at any time by notifying BARBRI. Such cancellation is generally effective at the beginning of the next calendar month; if you have prepaid for an annual subscription then cancellation is effective immediately and BARBRI will provide a prorated refund of the unused subscription term, which may include any discounts as applicable. All Company Pages Premium monthly subscriptions will automatically renew until cancelled by you. Annual subscriptions will need to be renewed each year. You are responsible for all taxes as applicable and appropriate.

9. Governing Law and Dispute Resolution

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 Japan, if you are located in Japan; the laws of England and Wales if you are supported primarily by BARBRI’s UK office; the laws of France if you are primarily supported by BARBRI’s office in France; the laws of Italy if you are primarily supported by BARBRI’s office in Italy; the laws of Italy if you are primarily supported by BARBRI’s office in Italy; the laws of Ontario, Canada if you are primarily supported by BARBRI’s offices in Canada; 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*; Tokyo, Japan if you are located in Japan; London, England, if you are supported primarily by BARBRI’s UK office; Paris, France, if you are supported primarily by BARBRI’s office in France; Milan, Italy, if you are supported primarily by BARBRI’s office in Italy; Province of Ontario, if you are supported primarily by BARBRI’s offices in Canada; 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*; Tokyo, Japan, if you are located in Japan; London, England, if you are supported primarily by BARBRI’s UK office; Paris, France, if you are supported primarily by BARBRI’s office in France; Milan, Italy, if you are supported primarily by BARBRI’s office in Italy; Province of Ontario, if you are supported primarily by BARBRI’s offices in Canada; or Dublin, Ireland, if you are located elsewhere.

You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from BARBRI. If you intend to propound discovery seeking user information from BARBRI 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 BARBRI, Inc., 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 BARBRI, you acknowledge that BARBRI 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 agree not to sue BARBRI 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 BARBRI regarding your use of the Site. 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. Indemnification

You shall indemnify, defend and hold harmless BARBRI, its agents, affiliates, and licensors from any claim or liability (including without limitation reasonable legal fees) arising out of or related to: (a) your violation of any term of this Agreement; (b) your use of, and access to, the Site or any BARBRI product, program, or service; (c) your loss of, or disclosure of, information gained from using the Site or any BARBRI product, program, or service; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; (g) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Job Seeker; or (h) the activities of any third-party service providers you engage to assist you with activities related to your use of BARBRI products and services, such as, but not limited to: facilitate your sourcing activities or track the conversion rates of job seeker through to job applicant. This defense and indemnification obligation will survive this Agreement and your use of the Site or any BARBRI product, program, or service.

14. Extended Campaign Tools

BARBRI may offer a service to facilitate the coordination of Job Listings within geographically distributed businesses, such as franchises or large companies with many locations, such as BARBRI Central or Groups (“Extended Campaign Tools”). You acknowledge and agree that using Extended Campaign Tools 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 Listings (content, clicks, impressions, etc.), your contact information, and you spend levels. The franchisor or corporate headquarters may request that BARBRI contact its franchisees or local offices, respectively, by providing BARBRI with contact information, and may provide the content of Job Listings to BARBRI for use in connection with Extended Campaign Tools. By using Extended Campaign Tools, you agree to this information being shared, and you represent and warrant that i) all information you provide to BARBRI is accurate, and ii) you have all necessary right and authorization to provide such information to BARBRI and to permit BARBRI to share it in connection with Extended Campaign Tools. You may request that BARBRI grant access and control of your Extended Campaign Tools account to additional users. You understand and agree that by submitting such requests, BARBRI will contact the users based on the information you provide (name, email address, and job title) and that BARBRI is not responsible for verifying the users prior to completion of such requests.

15. Candidate Import

BARBRI may offer a platform that allows you, or someone acting on your behalf or authority (such as a recruitment management service), to upload information about job applicants to BARBRI and to interact with these individuals and direct BARBRI to interact with these individuals on your behalf (hereafter “Candidate Import”). To the extent that any information you provide or otherwise make available to BARBRI through our Candidate Import service includes Client Personal Data, you instruct BARBRI to process such information on your behalf pursuant to this Agreement and any applicable Data Processing Addendum; Client Personal Data and BARBRI as used in this Section shall have the meanings given to them in the Data Processing Addendum. By using Candidate Import, you instruct BARBRI to display the information of the interactions (including Virtual Interviews which are currently scheduled or were previously conducted) between you or BARBRI and the job applicants within their BARBRI accounts, and you represent and warrant that you, and any third party who you have authorised to upload Client Personal Data to the platform, have obtained all necessary rights and permissions from, and provided all necessary information and disclosures to, job applicants as required under applicable data protection law for you to provide or otherwise make available Client Personal Data to BARBRI using Candidate Import, and, without limiting the foregoing, (a) no individual whose Personal Data you provide or otherwise make available to BARBRI using Candidate Import has exercised any right or made any request to you that would prevent or otherwise limit your ability to share such individual’s Personal Data with BARBRI for processing in connection with this Agreement and (b) all job applicants have consented that their data will be shared with BARBRI (in accordance with BARBRI’s Terms and Privacy Policy) and that BARBRI may contact them over email as part of your hiring process, including requesting them to create an account with BARBRI. You agree to defend and indemnify BARBRI for any breach of the foregoing sentence. You also agree that BARBRI is only responsible for such Client Personal Data, in accordance with the DPA, once it is received by BARBRI and you are responsible for such Client Personal Data up until such receipt by BARBRI.

C. Terms of Service for Publishers

The following BARBRI Publisher Terms (“Publisher Terms”) apply to any Publisher those accesses, participates, or uses the BARBRI Publisher Program (the “Publisher Program”), or that otherwise indicates its acceptance of these Publisher Terms, and set out the terms and conditions applicable to your participation in the Program. Any references to “BARBRI” shall mean BARBRI, Inc. For purposes of this Section of the BARBRI General Terms of Service, “You” or “Publisher” means any entity identified in an enrollment form or application submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by these Publisher Terms.

1. BARBRI Publisher Program

BARBRI shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the Publisher Program or any part thereof. To participate as a Publisher in the Publisher Program, all participants must be at least eighteen years of age. Applicants represent and warrant that all information submitted to BARBRI shall be true, accurate and complete.

Publisher acknowledges that by accessing the Site or participating in the Publisher Program, Publisher may come into contact with content (including User Content, as defined below) that it finds harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and Publisher acknowledges that BARBRI shall have no liability with respect to such content.

2. Publisher Obligations

Any job search results, and any BARBRI logos or other elements supplied by BARBRI for use on third-party websites or websites co-branded by BARBRI (collectively, “Program Elements”) may only appear on URLs that BARBRI has reviewed and accepted for participation (“Accepted URLs”). Publisher shall advise BARBRI of any changes in the type of content accessible at any such accepted URL. Publisher agrees to comply with the specifications provided by BARBRI from time to time to enable proper delivery, display, tracking and reporting of Program Elements.

Publisher agrees to abide by all terms provided by BARBRI. Publisher is not permitted to use BARBRI’s Site or its content other than for its intended purpose. Publisher agrees not to access (or attempt to access) the Site by any means other than through the interface that is provided by BARBRI, unless it has been specifically allowed to do so in a separate, written agreement with BARBRI. 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, crawling, reproducing, duplicating, copying, selling, trading, or reselling) is prohibited. Publisher agrees that it is solely responsible for (and that BARBRI has no responsibility or liability to it or to any third party for) any breach of Publisher’s obligations under these Publisher Terms and for any consequences (including any loss or damage which BARBRI may suffer) of any such breach.

Publisher agrees that it shall not transmit to BARBRI or upload to or through the Site (whether as User Content or otherwise) any Harmful Code or use or misappropriate the Site for its 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 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. BARBRI 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 Publisher uses the Site, Publisher agrees to BARBRI 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 Publisher’s account, of its access to BARBRI’s message relay, or of its use of any other functions of the Site, with or without notice. BARBRI shall not be responsible or liable for any such suspension or termination, including any consequences thereof. We reserve the right to drop any message, including without limitation dropping any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .so, .dll, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment or any other attachment containing scripts, macros, or other code, or other messages that BARBRI suspects to be malicious or spam, or for any or no reason. BARBRI further reserves the right to conduct investigations to determine whether Publisher is perpetrating a scam, spamming BARBRI or its users, or otherwise conducting fraudulent activity on BARBRI by various means, including but not limited to investigating Publisher’s functionality by setting up profiles and names that belong to BARBRI. BARBRI reserves the right to turn over any information gathered via such investigations to the police or other third party if BARBRI has a good faith belief that Publisher is using the Site in violation of these terms. As BARBRI wishes to prohibit automated entities from following any individual links posted by Publisher, all hyperlinks to BARBRI’s site should include the use of rel=”nofollow.” This applies to editorially placed links, links generated by BARBRI’s API, or other link mechanisms.

BARBRI 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 Publisher wishes to make commercial use of the Site, if Publisher wishes to make use of the Site in any capacity other than that of a Jobseeker or Employer, or if Publisher wishes to purchase BARBRI services that utilize the Site, Publisher must have a prior written agreement with BARBRI to do so or have accepted BARBRI’s online terms of service.

BARBRI reserves the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason. BARBRI also reserves the right in its sole discretion to suspend Publisher’s participation in the Publisher Program if it suspects any violations of the Terms. Publisher hereby agrees to defend, indemnify, and hold BARBRI harmless from and against any claims, demands, liabilities, expenses, losses, damages, and attorney fees arising from or relating to a violation or purported violation by Publisher of the Terms. The foregoing shall be in addition to, and not in lieu of, any other remedies that BARBRI may have as a result of a violation of the Terms by Publisher. In addition, under no circumstances may Publisher impersonate or act as BARBRI on any site (which shall include bidding on BARBRI’s names or trademarks in any search engine marketing advertising platform), including, but not limited to, on third party sites. Any marketing performed by Publisher must comply with all laws of the jurisdiction in which the marketing is conducted, including but not limited to email, text messaging and general advertising laws, and Publisher agrees to defend and indemnify BARBRI from any third-party action, claim, or demand against BARBRI arising from any violation of those laws.

BARBRI will not be treated as the publisher or speaker of any information provided by Publisher or by another information content provider. BARBRI will also not be held liable on account of any action taken in good faith to restrict access or availability of material that it or its Users considered to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objection, whether or not such material is constitutionally protected or on account of any action taken to enable or make available to information content providers or others the technical means to restrict access to any such material described above.

Some areas of the Site, including areas that may permit Publisher to set up an account, requires Publisher to register or provide an email address. If Publisher so registers, it agrees to (a) provide true, accurate, current, and complete information about Publisher as prompted by the registration form (including Publisher’s email address) and (b) be responsible for the confidentiality and use of Publisher’s username and password, and not transfer or resell its use of or access to the Site to any third party. Please note that any individuals with whom Publisher have shared its username and password and who are able to answer verification questions about its BARBRI account may receive access to information regarding Publisher’s BARBRI account.

Publisher hereby grants BARBRI permission to refer to Publisher and its websites in BARBRI’s marketing materials, wherever such marketing materials shall appear.

3. Termination

Either party may terminate these Publisher Terms and participation in this program at any time for any or no reason with or without notice and without liability. If you wish to terminate the agreement to these Publisher Terms, you may do so by sending a notice by email to Jobnetwork@barbri.com or other email address specified by BARBRI. All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation, confidentiality, warranty disclaimers, indemnifications, and limitations of liability.

Upon termination of a publisher from the Publisher Program, for any reason and by either party, Publisher shall immediately remove all insertion codes and other Program Elements from all pages of its websites.

4. Confidentiality

Publisher shall not disclose BARBRI Confidential Information without BARBRI’s prior written consent. “BARBRI Confidential Information” includes without limitation: (a) all BARBRI software, technology, programming, specifications, materials, guidelines, and documentation relating to the Publisher Program; (b) click-through rates or other performance statistics relating to the Publisher Program provided to Publisher by BARBRI; and (c) any other information designated in writing by BARBRI as “Confidential” or an equivalent designation.

5. Indemnification

Publisher shall indemnify, defend, and hold harmless BARBRI, its agents, affiliates, licensors, and Partners from any third-party claim or liability (including without limitation reasonable legal fees) arising out of Publisher’s Program use, Publisher Property, site or Publisher Services, or breach of these Publisher Terms.

6. Governing Law and Dispute Resolution

These Publisher Terms and any dispute arising out of or in connection with these Publisher Terms 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 these Publisher Terms and this Agreement, by and under the laws of the State of Texas, if Publisher is located in the United States; the laws of England and Wales if Publisher is supported primarily by BARBRI’s UK office if Publisher is 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: Dallas County, Texas, U.S.A., if Publisher is located in the United States; London, England, if Publisher is supported primarily by BARBRI’s UK office, if Publisher is located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in: Dallas County, Texas, U.S.A., if Publisher is located in the United States; London, England, if Publisher is supported primarily by BARBRI’s UK office, if Publisher is 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, the Publisher Program, or these terms of service, if you are located in the United States.

7. Class Action Waiver

By using the Site or any Program Elements and in return for the services offered by BARBRI, Publisher acknowledges that BARBRI can only offer Publisher these services under the terms and conditions as presented herein. As partial consideration for Publisher’s use of the Site and the Publisher Program, Publisher agrees not to sue BARBRI 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 BARBRI regarding Publisher’s use of the Site or the Publisher Program. Additionally, as a Publisher, the use of the Site and the Publisher Program is at no charge and Publisher acknowledges that part of the price it is paying to use this Site and the Publisher Program is its acceptance of these terms of service including this Class Action Waiver. If Publisher does not agree to any part of these terms, Publisher should not continue use of the Site, the Publisher Program, or any Program Elements. Nothing in this paragraph, however, limits Publisher’s rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to the jurisdiction requirements found in Section 8 above.

D. Terms of Service for All Users

The following terms and conditions apply to all Job Seekers, Employers, Publishers, and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement. For purposes of this Section of the BARBRI General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in any capacity.

1. Accessing 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 BARBRI 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, BARBRI may provide you with links to 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 not BARBRI.

Pages on our Site may embed content and information provided by third-party APIs, which is subject to additional terms and conditions imposed by those third parties. For example, the Site may include Google Maps features and content, which is subject to the current versions of: (1) the Google Maps/Google Earth Additional Terms of Service; and (2) the Google Privacy Policy. Information on Company Pages includes publicly available information and/or information provided by the respective company and/or may come from third parties.

Please note that while this Agreement describes BARBRI’s services generally, services may differ by availability, and you should check the Site to see which services, if any, are available to you.

2. Using our Site

When you use the Site, you agree to BARBRI knowing, processing, analyzing, storing, and recording any and all activities you take on the Site and any and all interactions and communications you have with, on, or through the Site, including, but not limited to, knowing, processing, analyzing, and recording which areas of the Site you visit (including without limitation URLs), which content you view, which info you input, whether and where you click, scroll, hover-over, mouseover, or otherwise interact with or communicate with or through the Site, the timing of each activity, and time spent on each activity. BARBRI collects data from users visiting our Site in private browsing mode, “incognito mode,” or similar modes. You agree that BARBRI may use third-party vendors to create, store, process, analyze, and record any and all such interactions, activities, and communications made with, on, or through our Site, and that such vendors’ activities are an extension of the Site. By using the Site, you authorize BARBRI and such vendors to make any connections with wires, lines, cables, or instruments, including with communication systems, that may be made in connection with the Site. The Site cannot work as BARBRI intends it to work unless BARBRI undertakes such activities. If you do not want your actions to be processed, analyzed, or recorded this way, do not use the Site.

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. BARBRI 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 BARBRI services that utilize the Site, you must have a prior written agreement with BARBRI to do so or have accepted BARBRI’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.

Occasionally, BARBRI may test improvements to our Site and services. Such tests may affect, but are not limited to, the ad delivery system, audience, ad performance, ad placement, profiles, resumes, resume search, job search, recommendations, alerts, and formatting. You agree that BARBRI may conduct such tests, which are meant to improve the effectiveness of our services, without giving notice to you. You agree to pay all charges that appear in the applicable Insertion Order or other agreement during such tests.

3. User Content

Some parts of the Site, such as message boards and forums or job posting pages, may allow users to post content like 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 BARBRI, including where it is stated that such materials may be posted on the Site or a third party website, including, but not limited to, mobile apps, are referred to herein as “User Content”). Such functionality is designed to help users obtain career and company information, to let users know of jobs, to provide information about potential job candidates, and facilitate other communication. 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. Once updated by the user, it may take a few days for the change to User Content to be reflected. 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. BARBRI does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. Some elements of BARBRI job search results pages may appear to be content produced by BARBRI but are actually a reproduction of user-generated search queries. Job Listings or other User Content may be reformatted or include words such as “Powered by BARBRI.” Such content retains its status as User Content despite reformatting or addition of “Powered by BARBRI” or a similar phrase. 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 BARBRI 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 (other than Job Advertisements permitted by this Agreement), 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. BARBRI 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. BARBRI 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 BARBRI has no obligation to do so, BARBRI may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in BARBRI’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 (other than Job Advertisements permitted by this Agreement), or that BARBRI deems in its sole discretion to be inappropriate. BARBRI may limit your use of the Site, including but not limited to, your ability to contact other Employers or Job Seekers. If you believe that any User Content violates this Agreement or our policies, please contact BARBRI immediately so that we may have the opportunity to consider its removal. You acknowledge and agree that BARBRI does not have any obligation to host or remove any User Content, and i) the interpretation of whether any User Content violates any BARBRI 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 BARBRI, will always remain within the sole discretion of BARBRI. You agree that BARBRI has no liability to you or anyone else arising from its editorial decisions. You acknowledge and agree that BARBRI is an interactive computer service and does not have any obligation to screen any User Content, or to include any User Content in its search results or other listings and may exclude or remove any User Content from publication for any or no reason.

BARBRI 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 BARBRI 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. When you post on BARBRI confidentially or otherwise your identity may be discoverable by legal request, including, but not limited to, requests from the government or law enforcement.

Without limiting the generality of the foregoing, BARBRI reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing specifically makes clear that only Job Seekers matching 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 Job Seekers 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 discriminates against Job Seekers or otherwise violates applicable law.

4. License to User Content and Feedback

Only to the extent permitted by law, you grant BARBRI 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 BARBRI website or its publishers or third party sites, maintaining the BARBRI website and promoting BARBRI and such User Content without restriction. You understand that no compensation in any form shall be due or payable to you in connection with BARBRI’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, BARBRI’s exercise of these rights, you hereby waive any and all rights to such compensation.

Furthermore, you grant to BARBRI, its affiliates, and sublicensees a license to use your name, username, and/or trademarks and logos in connection with (i) any such User Content, (ii) any BARBRI marketing materials containing or incorporating such User Content, or (iii) any actions by BARBRI to promote or publicize such User Content (e.g., Job Listings), including without limitation the use of keywords in third-party internet search engines. To any extent that such User Content contains your name, likeness, voice, or image, you hereby irrevocably waive all legal and equitable rights relating to claims for violation of your rights of publicity (or any similar claims) arising directly or indirectly from BARBRI’s exercise of its rights pursuant to the license granted hereunder.

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 BARBRI 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 BARBRI 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 BARBRI for more details.

At your discretion, you may provide feedback and related materials to BARBRI 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 BARBRI 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 BARBRI may disclose any or all Feedback to any third party in any manner, and you agree that BARBRI 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 BARBRI 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, BARBRI does not waive any rights to use similar or related ideas previously known to BARBRI, or developed by its employees, or obtained from sources other than you.

5. Rules for Using Our Site

You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by BARBRI, unless you have been specifically allowed to do so in a separate, written agreement with BARBRI. 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 BARBRI, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade, or resell the Site for any purpose. Using or providing any false, fake, or fictitious name or contact information in connection with the Site is grounds for immediate termination of your BARBRI account and ability to use the Site. You agree that you are solely responsible for (and that BARBRI 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 BARBRI may suffer) of any such breach.

You agree that you shall not transmit to BARBRI 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 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 the Site, or any content, service, or property provided by BARBRI “BARBRI 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 Resume Search contacts in violation of BARBRI policy, as determined by BARBRI, 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. BARBRI 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 BARBRI.
Violate the legal rights (such as rights of privacy and publicity) of others.
Promote or encourage illegal activity.
Interfere with other 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 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 BARBRI’s explicit written permission.
Contact other users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics BARBRI considers detrimental to its users.
Create multiple accounts without permission.
Create multiple 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 Resume Search database
Scrape or otherwise replicate any BARBRI content for competitive purposes
Use ad blocking or similar software in connection with your use of the Site, if and only to the extent that such software interferes with or prevents the display of Job Listings.

BARBRI reserves the right to use any User Content (including the content of messages or material sent through or to the Site or BARBRI) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. BARBRI 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 BARBRI 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 BARBRI’s message relay, or of your use of any other functions of the Site, with or without notice. BARBRI shall not be responsible or liable for any such suspension or termination, including any consequences thereof.

We reserve the right to not deliver any message, including, but not limited to, job applications, that BARBRI suspects to be malicious or spam, for fraud mitigation, or for any reason. This includes but is not limited to messages with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .so, .dll, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment or any other attachment containing scripts, macros, or other code. BARBRI further reserves the right to conduct investigations to determine whether you are perpetrating a scam, spamming BARBRI or its users, or otherwise conducting fraudulent activity on BARBRI by various means, including but not limited to investigating your functionality by setting up profiles and names that belong to BARBRI. BARBRI reserves the right to turn over any information gathered via such investigations to the police or other third parties if BARBRI has a good faith belief that you are using the Site in violation of these terms.

You may not use the Site, or otherwise exchange services or money with BARBRI, if you appear on any of the following lists administered by the United States Government: (a) Bureau of Industry and Security, U.S. Department of Commerce, Denied Persons List; (b) Bureau of Industry and Security, U.S. Department of Commerce, Unverified List; (c) Defense Trade Controls –List of Debarred Parties; and (d) Specially Designated Nationals, Terrorists, Narcotics Traffickers, Blocked Persons and Vessels List; and (e) Bureau of Industry and Security, Department of Commerce, The Entity List. If you appear on such a list, BARBRI may terminate this Agreement and your license to use the Site without any further obligations to you whatsoever.

6. Registering with and Contacting BARBRI

Some areas of the Site, including areas that may permit you to set up an account with BARBRI, 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 BARBRI account may receive access to information regarding your BARBRI account. You are advised to safeguard important data and to not upload confidential information on the Site. We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs. BARBRI encourages you to enable two-factor authentication on your account. If you do not enable two-factor authentication on your account, please be aware that you are proceeding at your own risk. If someone obtains unauthorized access to your account, they may have the ability to contact users or take other actions through your account, and BARBRI may have only limited ability to remedy such situations.

You agree that BARBRI may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your BARBRI 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 BARBRI or that BARBRI may otherwise obtain from third-party sources. By providing BARBRI with a mobile phone number, you confirm that you are the primary user and subscriber to the telephone number entered, and you expressly consent to receiving communication via such mobile number. If you are a Job Seeker who provided your phone number in connection with your job application, you agree the Employer may contact you at that number. When you give BARBRI a mobile number and consent to receiving communication, such communications are inherent to the services you have signed up for. To stop receiving text messages at any time, reply to the text with STOP or contact BARBRI Customer Support. For clarity, you agree and understand that texting STOP in response to a BARBRI SMS alert will unsubscribe you from BARBRI SMS alerts. However, you may continue to receive texts related to some offerings to which you have subscribed, such as Text2Apply and Hiring Events. In order to unsubscribe from these, you must respond STOP within the specific text flows of those offerings. Please note that replying STOP to any text message would unsubscribe you from text messages only, but you may still receive other communications from BARBRI. You may also revoke your consent to receive text messages by terminating the Agreement through closing your BARBRI account. By enabling two step verification, you verify that you are the owner of the phone number you provided. Revoking consent by replying STOP or terminating the Agreement does not apply to a phone number that an Employer already has that you provided as part of a job application. Once an Employer has your phone number, you agree that BARBRI is not responsible or liable for the manner in which the Employer uses the number.

7. Disclaimers of Warranties

BARBRI 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 BARBRI search results (including Jobs Listings) or otherwise made available on the Site by BARBRI or third parties (including User Content), regardless of whether paid for or used for free. BARBRI disclaims any responsibility or liability for the accuracy, content, completeness, or reliability of information provided by BARBRI for informational purposes only, including but not limited to, BARBRI Analytics data like estimated applies or organic traffic, and salary information. You acknowledge you are not paying BARBRI for the aforementioned information. BARBRI disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments, or material (including User Content). BARBRI does not guarantee that the Site will always be error free, safe, or secure. BARBRI 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 BARBRI 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 BARBRI 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 BARBRI’s Site.

BARBRI 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 BARBRI as a result of technical problems or traffic congestion on the Internet or any third party website 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 BARBRI 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. YOU USE BARBRI AND THE SITE AT YOUR OWN RISK. BARBRI 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, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, TITLE, SERVICE QUALITY, AND THAT THE SITE AND SERVICES PROVIDED WILL BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. BARBRI 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. BARBRI 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 BARBRI. BARBRI IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

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.

8. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL BARBRI 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 BARBRI 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 BARBRI 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 BARBRI TO USE THE SITE.

Without limiting the foregoing, under no circumstances shall BARBRI or its affiliates, or its or their third-party licensors, be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or indirectly, or results from acts, causes, forces or circumstances beyond its or their control, including, without limitation, the following force majeure events: (a) acts of God or natural catastrophes or forces, (b) flood, fire, storm, earthquake, epidemics, explosion or other similar events; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrections, other civil unrest or disturbances, military disturbances or sabotage; (d) government action, order, law or regulation or orders of domestic or foreign courts or tribunals; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor disputes or stoppages or slowdowns or other industrial disturbances or shortage of labor or materials; (i) breakdown, interruptions, loss., fluctuations or malfunctions of utilities (including heat, light or air conditioning), communications, computers (software and hardware, and including, but not limited to, computer viruses), or telephone communication services; (j) internet, computer equipment, telecommunication equipment, electrical power or other equipment or mechanical failures or shortages; (k) loss of data due to power failures or mechanical difficulties with information storage or retrieval systems; (l) nonperformance of third parties; and (m) other events beyond the control of BARBRI.

9. 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 BARBRI 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 BARBRI 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 BARBRI 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 BARBRI Copyright Notice, 12222 Merit Drive, Suite 1340, Dallas, Texas, USA (legal@BARBRI.com). 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.

10. Governing Law and Dispute Resolution

If you are neither a Job Seeker nor an Employer as defined in this Agreement and are not using the Site as intended by BARBRI, 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 Dallas County, Texas, U.S.A.

11. 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.

12. Questions or Complaints

If you have a question or complaint regarding the Site, please use our BARBRI Help Center.

13. Miscellaneous

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, including any and all provisions applicable to the parties, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

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. or other 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, sanctions, 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; or (c) the subject of sanctions consistent with U.S. law imposed by the government of the country where you are using BARBRI. If (a), (b), or (c) applies to you, you may not use the Site or Services, and BARBRI may terminate this Agreement and your access to the Site and Services without any further obligations to you whatsoever. 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 BARBRI’s proprietary rights in them.

You understand and acknowledge that BARBRI or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. BARBRI 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.

In the event of any irreconcilable conflict between these BARBRI General Terms of Service will otherwise govern.

Any waiver of any provision of this Agreement will be effective only if in writing and signed by BARBRI. This Agreement, together with any amendments and any additional agreements you may enter into with BARBRI in connection with the Site, shall constitute the entire agreement between you and BARBRI 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 BARBRI employee shall not constitute an amendment or alteration of this Agreement.

Any notices to BARBRI must be sent to the applicable BARBRI 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. Notice to you may be affected 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.

You may not assign or delegate any of your rights or obligations hereunder without BARBRI’s prior written consent and any such attempt is void. BARBRI may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, BARBRI may assign any agreement between you and BARBRI to any related BARBRI entity by informing you of such assignment. BARBRI and you are not in a legal partnership, agency relationship, or employment relationship. When BARBRI provides the Site or any related services to you, BARBRI does so solely in its capacity as a service provider.