Terms of Use Agreement
Welcome to the Terms of Use for Disaster Careers, dba ShakeBlock, llc. These Terms of Use govern your use of our platform. When we refer to “we,” “us,” or “our,” we are referring to Disaster Careers, dba ShakeBlock, llc. When we refer to “you” or “your,” we are referring to the users of our platform. This Terms of Use Agreement is a legally binding contract between Disaster Careers, dba ShakeBlock, llc and you. By accessing or using our website and service, you agree to comply with these Terms of Use and any additional guidelines or policies that we may provide. It is important to read and understand all the terms and conditions outlined in this document.
Eligibility:
To access and use our website service, you must be at least 18 years old or the age of legal majority in your jurisdiction. By accessing or using the website, you represent and warrant that you are eligible to enter into a binding agreement and meet the minimum age requirement.
If you are using the job board on behalf of a company, organization, or other entity, you further represent and warrant that you have the authority to bind such entity to these Terms of Use. In such cases, “you” and “your” in these Terms of Use will refer to both the individual user and the entity on behalf of which you are acting.
Persons under the age of 18 are not permitted to access or use our website. If we become aware that an individual under the age of 18 has provided us with personal information or is using our services, we will take steps to terminate their account and delete any associated information.
We reserve the right to refuse service, terminate accounts, or restrict access to the job board for any user who violates these eligibility requirements or any other provisions outlined in these Terms of Use.
By accessing and using our job board, you affirm that you meet the age eligibility requirement and are fully able and competent to abide by these Terms of Use.
Arbitration and Class Action Waiver:
By accessing and using our job board services, you agree to resolve any disputes or claims that may arise relating to these Terms of Use, the job board, or any interactions with us through binding arbitration on an individual basis. This means that you waive your right to bring a lawsuit in a court of law and have a jury trial. The arbitration will be conducted in accordance with the rules and procedures of the chosen arbitration organization, agreed upon by both parties.
Any dispute arising between the parties shall be settled exclusively through arbitration, and the decision of the arbitrator shall be final and binding upon both parties. The arbitrator shall have the authority to grant any relief that would otherwise be available in a court of law, subject to the terms set forth herein.
You also agree that you will not participate in any class action, consolidated, or representative proceeding against us. Any claims brought by you against us must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.
If any provision of this arbitration and class action waiver clause is found to be unenforceable, that provision shall be severable and the dispute or claim will still be resolved through arbitration, with all other provisions remaining in full force and effect.
This arbitration and class action waiver clause is governed by and interpreted in accordance with the laws of the jurisdiction where we are registered (Wyoming USA).
By agreeing to these Terms of Use, you acknowledge that you have read and understood this arbitration and class action waiver provision, and that it constitutes a binding agreement between you and us.
30-Day Right to Opt Out of Arbitration:
If you do not wish to be bound by the arbitration and class action waiver clause outlined in these Terms of Use, you have the right to opt out within 30 days of agreeing to these terms. By not opting out within this period, you acknowledge and agree to the terms and conditions set forth in the arbitration and class action waiver provision.
To exercise your right to opt out of arbitration, you must provide written notice stating your name, contact information, and a clear statement expressing your desire to opt out of the arbitration clause. You can send this notice via email or regular mail to the following address:
[Company Name] [Address] [City, State, ZIP Code] [Email Address, if applicable]
The opt-out notice must be received by us within 30 days of your initial agreement to these Terms of Use. If the notice is received within the specified timeframe, you will be excluded from the mandatory arbitration provision, and it will not be enforceable against you.
It is important to note that opting out of arbitration does not exempt you from any other provisions and terms outlined in the Terms of Use. All other terms, including dispute resolution procedures, will remain in full force and effect.
Please keep a record of your opt-out notice for your own reference. Failure to properly follow the opt-out process within the designated timeframe will result in your acceptance and agreement to the arbitration and class action waiver provision.
If you have any questions or need further clarification regarding the opt-out process or the arbitration and class action waiver, please contact us at the provided address or email.
Please ensure you carefully consider the implications of opting out of arbitration before making your decision.
Prohibited Types of Content:
When using our website service, you agree to abide by the following guidelines regarding the content you submit, upload, or transmit through our platform. We strictly prohibit the inclusion or dissemination of any content that:
Violates Applicable Laws: You must not post, upload, or transmit any content that is illegal, infringes upon intellectual property rights, or violates any local, national, or international laws and regulations.
Phishing and Scams: Any content that attempts to deceive, defraud, or engage in phishing activities, including but not limited to fake job postings, fraudulent schemes, or solicitation of personal or financial information, is strictly prohibited.
Discrimination and Harassment: Content that promotes, supports, or incites discrimination, harassment, hate speech, or violence based on race, color, gender, religion, sexual orientation, nationality, disability, or any other protected characteristic is not permitted.
Offensive or Obscene Material: Content that contains explicit, offensive, or obscene material, including adult content, pornography, or any content that is deemed inappropriate or offensive, is strictly prohibited.
Misleading Information: You must not post false, misleading, or deceptive information, including false job descriptions, job titles, or misleading details about working conditions or compensation.
Confidential Information: Posting or transmitting any confidential or proprietary information without proper authorization is not allowed. This includes trade secrets, internal company documents, or any information that could violate confidentiality obligations.
Harmful Software or Code: Content that contains or spreads viruses, malware, or any other harmful software or code that may cause damage to our platform or to users’ devices is strictly prohibited.
We reserve the right to remove or modify any content that violates these guidelines without prior notice. In addition, individuals found to be in violation may face account termination and, if deemed necessary, legal consequences.
You understand and agree that you are solely responsible for any content you submit, upload, or transmit through our job board. We do not endorse or guarantee the accuracy, integrity, or quality of any user-generated content. You acknowledge that any reliance on such content is at your own risk.
We reserve the right to cooperate with law enforcement authorities and take appropriate legal action if it becomes aware of any prohibited content, unlawful activities, or violations of these Terms of Use.
By using our job board, you confirm that you will comply with these content guidelines and exercise good judgment and ethical conduct when posting or transmitting any content through our platform.
No Warranties or Obligations regarding Third-Party Content:
We acknowledge that our website service may contain user-generated content, including messages, job advertisements, resumes, and other materials submitted by third parties. We want to emphasize that we do not make any warranties or assume any obligations with regard to such third-party content.
We do not have an obligation to screen or review user-generated content before it is published on our job board. We do not endorse, guarantee, or take responsibility for the accuracy, completeness, reliability, or legality of any third-party content. The views expressed in such content are solely those of the individuals who submitted them and do not necessarily reflect the views of us.
It is important for users to exercise their own judgment and discretion when interacting with and relying upon third-party content on our job board. You understand and acknowledge that you use and rely on such content at your own risk.
We cannot guarantee the accuracy, authenticity, or quality of the information provided in job advertisements, resumes, or any other user-generated content. Users are responsible for verifying the accuracy and legitimacy of any information or claims made in third-party content.
You may come across unreliable, misleading, or illegal content while using our job board. We explicitly disclaim any liability for any loss, damage, or harm that may arise from your interaction with such content or from your reliance upon it. This includes, but is not limited to, the risk of encountering spam messages, fraudulent job advertisements, or unauthorized solicitations.
We advise users to exercise caution and be vigilant when engaging with third parties on our job board. Please report any suspicious or inappropriate content to us, and we will review and take appropriate action as deemed necessary.
By using our job board, you acknowledge that you understand and accept the risks associated with third-party content. You are solely responsible for any interactions, transactions, or decisions made based on such content.
We reserve the right, at its sole discretion, to remove or modify any user-generated content that violates these Terms of Use or is deemed inappropriate, offensive, or misleading, without prior notice.
Please refer to our Privacy Policy regarding the handling of personal information submitted by users through our job board.
By using our website service, you confirm that you have read, understood, and agreed to these terms regarding third-party content and assume full responsibility for your interactions and reliance on such content.
User Interactions and Assumption of Risk:
We cannot verify the identities of users or certify that they are who they claim to be. Our website service provides a platform for users to interact, connect, and engage with each other. However, we do not take responsibility for the actions, conduct, or representations of individual users on our platform.
Any interactions, communications, or transactions that occur between users on our platform are solely the responsibility of those involved. You understand and acknowledge that we do not have control over the behavior or intentions of users, and we cannot guarantee the outcomes of such interactions.
Users are solely responsible for evaluating and assessing the credibility, reliability, and suitability of other users on our website service. It is your responsibility to exercise caution, conduct thorough research, and make informed decisions before engaging in any interactions or transactions with other users.
Any issues, disputes, or conflicts that may arise between users are to be addressed directly between the parties involved. We are not liable or responsible for any damages, losses, or harm that may result from user interactions or transactions, including but not limited to financial losses, physical harm, or emotional distress.
We encourage users to use common sense, adhere to best practices, and take appropriate precautions when engaging with others on our platform. This includes conducting background checks, verifying credentials or qualifications, and using secure communication methods.
If you encounter any user-generated content that appears suspicious, fraudulent, or violates our Terms of Use, please report it to us, and we will investigate and take necessary action as deemed appropriate.
By using our website service, you acknowledge and agree that any interactions with other users are done at your own risk. You release Disaster Careers, dba ShakeBlock, llc and its affiliates, directors, employees, and partners from any liability arising from user interactions or disputes.
We strongly recommend reviewing and considering our safety tips and guidelines for a secure and positive experience on our platform.
Please refer to our Privacy Policy for information on how we handle personal data shared or exchanged between users on our platform.
By using our website service, you assume full responsibility for your user interactions and understand the inherent risks associated with such interactions.
Content Disclosure:
There may be certain circumstances where we have the right, discretion, or legal obligation to disclose user content to third parties.
We reserve the right to disclose user content in the following situations:
Enforcement of User Agreement: We may disclose user content to third parties, including but not limited to our legal advisors, for the purpose of enforcing our Terms of Use, investigating potential violations, or protecting the rights, safety, or property of us, our users, or others.
Legal Requirements: We may be obligated to disclose user content to comply with applicable laws, regulations, legal processes, or government requests. This includes, but is not limited to, responding to subpoenas, court orders, or requests from law enforcement agencies.
Protection of Rights and Safety: We may disclose user content to third parties if we believe, in good faith, that such disclosure is necessary to protect our rights, to prevent or address fraud, security issues, or technical problems, or to ensure the safety of our users or the public.
Business Transfers: In the event of a merger, acquisition, reorganization, or sale of assets, user content may be transferred or disclosed to the relevant parties involved as part of the transaction. We will make reasonable efforts to inform affected users if their content is subject to such a transfer or disclosure.
While we strive to protect user privacy and maintain the confidentiality of user content, you acknowledge that no method of electronic transmission or storage is completely secure. Therefore, we cannot guarantee the absolute security of user content.
By using our website service, you consent to the potential disclosure of user content as described in this clause. You also agree that we shall not be held liable for any damages or losses that may arise out of or are related to the disclosure or use of user content in accordance with this clause.
User Content License Agreement and Intellectual Property:
By submitting, posting, or transmitting any content on our website service, whether as a job seeker or an employer hiring, you grant us a worldwide, non-exclusive, transferable, royalty-free license to use, reproduce, distribute, modify, adapt, publicly display, and publicly perform that content for the purpose of operating and promoting our services. This license remains in effect even if you remove or delete your content from our platform.
You represent and warrant that you own or have the necessary licenses, rights, and permissions to grant this license to us for the submitted content. This includes ensuring that your content does not infringe upon the intellectual property rights of any third party, including copyrights, trademarks, or other proprietary rights.
We respect the intellectual property rights of others and expect our users to do the same. You must not publish or transmit any content that infringes upon the copyrights, trademarks, or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please promptly report the issue to us and provide the necessary details for us to investigate the matter.
We reserve the right to remove or disable access to any content that is believed to infringe upon the intellectual property rights of others. Repeat offenders may have their accounts suspended or terminated at our sole discretion.
As a user of our platform, you are solely responsible for the content you submit or transmit through our platform. You agree to indemnify us against any claims, losses, damages, or expenses arising from your violation of intellectual property laws or infringement upon the rights of third parties.
By using our job website service, you acknowledge that you have read and understood this user content license agreement and intellectual property clause.
Job Advertisement Compliance and Responsibility:
Companies using our services are required to adhere to applicable employment and privacy laws within their jurisdiction when posting job advertisements. By posting a job, the user representing the company confirms that they are authorized to do so on behalf of the company and have ensured compliance with the following guidelines:
Legality: Companies must not post any job advertisements that are illegal, fraudulent, misleading, or violate any local, national, or international laws and regulations. This includes but is not limited to pyramid schemes, multilevel marketing opportunities, commission-only positions, or any jobs that require payment from job seekers to apply.
Accuracy and Misrepresentation: Companies agree to accurately represent job positions, qualifications, responsibilities, and compensation when posting job advertisements. Misleading or deceptive job advertisements are strictly prohibited.
Scams and Fraud: Companies must not post job advertisements that are intended to deceive, defraud, or engage in any form of scam activity. “The Company” does not tolerate any form of fraudulent or suspicious job postings.
Job Application Fee: Companies agree not to require job seekers to pay any fee or charge during the application process, such as application fees, processing fees, or background check fees. Any legitimate costs associated with the hiring process should be incurred by the hiring company.
Removal of Job Advertisements: “The Company” reserves the right to remove or take down any job advertisements that violate these guidelines or are deemed inappropriate, misleading, or fraudulent without prior notice. We may also suspend or terminate the accounts of users who repeatedly violate these guidelines.
Responsibility of Job Posters: The companies posting job advertisements on our platform are solely responsible for the accuracy, legality, and legitimacy of their postings. They assume full responsibility for any issues, disputes, or claims that may arise from their job advertisements. “The Company” cannot be held liable for any damages, losses, or harm resulting from job advertisements posted by companies on our job board.
By using our service and posting job advertisements, companies acknowledge that they are solely responsible for complying with employment and privacy laws, accurately representing job positions, and ensuring the legitimacy of their postings.
By using our service and posting job advertisements, companies agree to hold us harmless and indemnify us against any claims, losses, or liabilities arising from their job postings.
Publication and Distribution of Job Advertisements:
We reserve the right to determine which job advertisements we publish on our website service. We may choose not to publish or remove any job advertisement that violates our guidelines, terms, or policies without any liability or obligation.
Additionally, we do not guarantee that job advertisements posted on our platform will run on third-party distribution networks. The availability and effectiveness of job advertisements on external platforms may vary and are subject to the policies and algorithms of those networks.
We also do not guarantee the number of applicants or the quality of applicants that a job advertisement will receive. While we strive to attract qualified candidates to our job board, the decision to apply or the suitability of applicants rests solely with the job posters.
It is the responsibility of the users posting job advertisements to thoroughly vet applicants, verify their qualifications, and undertake any necessary background checks or screening processes. We are not responsible for the verification, screening, or selection of applicants and do not provide any guarantees or warranties regarding the suitability, qualifications, or performance of applicants.
By using our job board and posting job advertisements, users acknowledge and accept that we do not guarantee the publication, distribution, response rate, or quality of applicants for any given job advertisement. Users are solely responsible for their interaction and engagement with applicants and should exercise their own judgment, caution, and due diligence throughout the hiring process.
We encourage users to utilize best practices and follow applicable laws and regulations when hiring and interacting with applicants. If any user encounters fraudulent or suspicious activity related to job applications, we urge them to report it to us and we will investigate and take appropriate action as deemed necessary.
By using our platform and posting job advertisements, users agree to hold “The Company” harmless and release us from any claims, damages, or liabilities related to the publication, distribution, or outcomes of job advertisements and the hiring process.
Password Security:
By using our website service, you agree to take responsibility for maintaining the security of your account credentials, including your password. To ensure the confidentiality and integrity of your account, we recommend adhering to the following guidelines:
Password Protection: Choose a strong, unique password that combines a mix of uppercase and lowercase letters, numbers, and special characters. Avoid using easily guessable or common passwords. Regularly update your password and avoid reusing it across multiple platforms or accounts.
Personal Information: Do not include personal information in your password, such as your name, birthdate, or contact details. This information can be easily obtained by others and compromises the security of your account.
Third-Party Access: Keep your login details, including your username and password, confidential. Do not share your account credentials with third parties or allow unauthorized access to your account. “The Company” will never ask you to share your password or login details via email or any other means.
Secure Connection: Ensure that you access our job board through a secure, encrypted connection. Verify that the website address begins with “https://” and look for the padlock icon in your browser’s address bar to ensure a secure connection.
Log Out: Always remember to log out of your account when you have finished using our job board, especially if you are using a shared or public device. This helps prevent unauthorized access to your account.
Suspicious Activity: If you suspect any unauthorized access or suspicious activity related to your account, such as unrecognized login attempts or changes to your account details, please contact us immediately. We will assist you in securing your account and protecting your information.
No method of data transmission or storage is completely secure, and we cannot guarantee absolute security.
It is your responsibility to maintain the security and confidentiality of your account credentials. By using our job board, you acknowledge and agree to hold us harmless for any unauthorized access, misuse, or loss of your account that resulted from your failure to secure your account details.
Protection of Job Seekers’ Personal Data:
We expect job advertisers to respect and protect the personal data and privacy of job seekers in accordance with applicable data protection laws.
Compliance with Applicable Laws: Job advertisers shall comply with all applicable laws and regulations related to data protection, privacy, and employment practices in their jurisdiction.
We take no responsibility for the actions or compliance of job advertisers with respect to the handling and protection of job seekers’ personal data. We recommend that job seekers review the privacy policies and practices of job advertisers before submitting their personal data.
If any job seeker believes that their personal data has been mishandled or misused by a job advertiser, they should contact the job advertiser directly to address their concerns.
DMCA Notice Procedure:
“The Company” respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA) and other applicable copyright laws. If you believe that your copyrighted work has been infringed upon on our job board, please follow the steps outlined below to submit a DMCA notice:
Notification: The copyright owner or their authorized agent must provide a written notification, titled “DMCA Notice,” that includes the following information:
a. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are involved in a single notification, a representative list of such works. b. Sufficient information to locate the material on our job board that is allegedly infringing, including specific URLs or descriptions that enable us to identify and locate the infringing content. c. Contact information to allow us to reach the copyright owner or their authorized agent, such as a physical address, telephone number, or email address. d. A statement that the copyright owner or their authorized agent has a good faith belief that the use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent, or the law. e. A statement, under penalty of perjury, that the information provided in the notice is accurate and that the copyright owner or their authorized agent is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. f. A physical or electronic signature of the copyright owner or their authorized agent.
Delivery: The DMCA notice should be sent to our designated Copyright Agent using the following contact information:
[Company Name] [Copyright Agent] [Address] [City, State, ZIP Code] [Email Address] [Phone Number]
Investigation and Action: Upon receipt of a valid DMCA notice, “The Company” will review and investigate the claim in a timely manner. If the claimed infringement is found to be valid, we will take appropriate action, which may include removing the infringing content from our job board or disabling access to it.
Counter-Notification: If a user believes that their content was mistakenly removed or disabled as a result of a DMCA notice, they have the right to submit a counter-notification. The counter-notification should be in writing, titled “DMCA Counter-Notification,” and include the following:
a. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled. b. A statement, under penalty of perjury, that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification. c. Contact information to allow us to reach the user, such as a physical address, telephone number, or email address. d. A statement that the user consents to the jurisdiction of the Federal District Court for the judicial district in which the user’s address is located, or if the user’s address is outside the United States, to any judicial district in which “The Company” may be found, and that the user will accept service of process from the person who provided the original DMCA notice or their agent.
Repeat Infringers: “The Company” reserves the right to terminate the accounts of repeat infringers in appropriate circumstances.
Please note that the above information is provided as a general guide and should not be considered legal advice. For more detailed information on the DMCA notice procedure, consult legal counsel or refer to the Digital Millennium Copyright Act and applicable copyright laws.
“The Company” is committed to addressing copyright infringement claims promptly and taking appropriate action as required by law.
By using our job board, you acknowledge and agree to comply with the DMCA notice procedure outlined above and respect the intellectual property rights of others.
Indemnity:
You agree to indemnify, defend, and hold harmless Disaster Careers dba ShakeBlock, llc, its affiliates, directors, employees, and partners from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the job board, violation of these Terms of Use, infringement of any intellectual property rights, or any other violation of applicable laws or regulations.
This indemnity clause will survive the termination or expiration of these Terms of Use and your use of the job board. It will remain in full force and effect to the extent necessary to protect the job board’s rights and interests.
No Warranty, Disclaimer of Warranty:
We provide the job board on an “as is” and “as available” basis. We do not make any warranties or representations, whether expressed or implied, regarding the job board, including but not limited to the accuracy, reliability, completeness, suitability, or availability of the platform, its content, or any services provided.
You acknowledge and agree that your use of the job board is at your own risk. We disclaim all warranties, whether expressed or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
We do not warrant that the website service will meet your specific requirements or that it will be uninterrupted, error-free, secure, or free from harmful components or viruses. We also do not warrant or make any representations regarding the quality, accuracy, reliability, or timeliness of the job listings, applicant qualifications, or any other content or materials obtained through the job board.
Any information, advice, or content provided by us, our affiliates, directors, employees, or partners is for general informational purposes only and should not be relied upon as professional advice or guidance. You are solely responsible for verifying the accuracy, completeness, and relevance of any information or content obtained through the job board.
We do not guarantee the success, outcome, or results of any job search, hiring process, or interaction with other users on the platform. We do not endorse, warrant, or guarantee the qualifications, skills, suitability, or performance of any job seekers or employers using the job board.
You agree to use the job board at your own discretion and responsibility. We are not liable for any damages, losses, or harm arising from your use or inability to use the job board, including but not limited to direct, indirect, incidental, consequential, or punitive damages.
Some jurisdictions may not allow the exclusion of certain warranties or limitations of liability. In such cases, the liability will be limited to the extent permitted by law.
By using the job board, you acknowledge and agree that we provide no warranties or guarantees regarding the website, its services, or any content obtained through it. You use the job board at your own risk and are solely responsible for any outcomes or consequences resulting from your use of the platform.
Limitation of Liability:
Disaster Careers, dba ShakeBlock, llc and its affiliates, directors, employees, and partners shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the job board. This includes, but is not limited to, damages for loss of profits, goodwill, data, or other intangible losses, even if we have been advised of the possibility of such damages.
In no event shall the total liability of Disaster Careers, dba ShakeBlock, llc and its affiliates, directors, employees, and partners, arising out of or in connection with your use of the job board, exceed the amount paid by you, if any, for accessing or using the job board during the six months prior to the event giving rise to the liability.
We assume no responsibility for the conduct or content of any third-party interactions, including interactions between job seekers and employers on the platform. We are not responsible for any statements, representations, warranties, or actions of any users of the platform. Any disputes, claims, or liabilities arising out of or in connection with such interactions are solely between the parties involved.
We make no representations or warranties regarding the accuracy, reliability, or completeness of job listings, applicant qualifications, or any other content or materials obtained through the job board. We do not guarantee the suitability, performance, or outcomes of any job applicant, employer, or job opportunity promoted on the platform.
This limitation of liability clause shall apply to the fullest extent permitted by applicable law. It applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory.
If any provision of this limitation of liability clause is found to be unenforceable, the remaining provisions shall remain in full force and effect.
By using the website service, you acknowledge and understand that Disaster Careers, dba ShakeBlock, llc and its affiliates, directors, employees, and partners shall not be liable for any damages, whether direct or indirect, arising out of or related to your use of the job board. You agree to use the job board at your own risk, and you assume full responsibility for any consequences or outcomes resulting from your use of the platform.