Last Updated: July 6, 2023
FlexJobs.com is now part of Bold LLC.
These Terms of Use, along with all other legal documents incorporated by reference (collectively, the “Terms") set out the legal contract between BOLD LLC (352385), FlexJobs.com (“FlexJobs”, “we” or “us”) and each end user (the "User", "you" or “your”) with respect to access to and use of our associated Internet properties as linked and offered by us, our subsidiaries and affiliated companies, and any software that we provide to you for download in your mobile devices ("Mobile Apps") (all of these collectively, the “Site”). Auxiliant S.à.r.l (B199343) may additionally act in our contract as a merchant of record, in which case BOLD LLC, FlexJobs.com and Auxiliant S.à.r.l are collectively called “FlexJobs”, “we,” or “us”. Unless otherwise specified, all references to the Site also include the use of our online platform, materials, proprietary content, tools, software, and services available through the Site (collectively all of these and the Site are called the “Service”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR, IF AT ANY TIME, THE TERMS ARE NO LONGER ACCEPTABLE TO YOU, PLEASE CEASE USE OF THE SERVICE IMMEDIATELY. THIS SITE IS INTENDED FOR A UNITED STATES AUDIENCE.
Please also read our full Terms of Use.
Your acceptance
Each time you access and/or use the Service, you agree to be bound by these Terms and any additional terms (defined in Section 3(d)) that will apply to you prospectively.
We collect certain information to allow FlexJobs and/or third parties to find and contact you as part of the performance of the Service. You agree that we can use the information as outlined in our Privacy Policy.
Payments, subscriptions and cancellations
You will honour your payment obligations for services you purchase on the Site. For recurring charges applicable to your subscription, or for single unscheduled transaction purchases, you agree that third parties working on our behalf may store your payment information to process such payments. Your transaction may be processed by Bold LLC or Auxiliant S.à.r.l, depending on what country you are located. FlexJobs may alter the price of its services at any time and at its discretion. You will be notified in accordance with law if a price will be changed and provided time to make any changes to your account. You understand that additional fees and taxes may apply to your purchases. You may cancel or, in some cases, suspend your subscription at any time by going to the home page under My Account and My Settings. Please refer to our Cancellations section for more information. FlexJobs does not guarantee refunds.
Arbitration of all disputes; no class relief
These Terms contain a dispute resolution and arbitration provision, including a class action waiver that affects your rights. Please note, that depending on your country of residence, under certain circumstances you may be able to bring a dispute before the appropriate authorities or courts in the country in which you reside.
For US residents, any disputes under these Terms will be resolved on an individual basis through binding arbitration, with no class relief.
Our content, intellectual property, copyrights and trademarks
You may not use, copy, reproduce, republish, upload, sell, resell, display, post, transmit, distribute, scrape, reverse engineer or licence any content or intellectual property, copyrights and trademarks on the Service without FlexJobs’ authorisation.
Disclaimer of warranties
To the extent permitted by applicable law, we disclaim warranties and conditions and provide the Service “as is”.
Limitation of liability
To the extent permitted by applicable law, our liability is limited.
Contact
Questions about these Terms may be sent to support@flexjobs.com or as otherwise set out in these Terms.
FlexJobs is a membership service. By joining FlexJobs as a registered user, you have access to a wide variety of premium online resources to help you find and be prepared for remote and flexible job opportunities. These include, but aren't limited to:
You represent and warrant that you are of age under the laws of your jurisdiction and/or lawfully able to enter contracts. If you are not legally able to enter contracts, you cannot use the Service at any time or in any manner or submit any information to FlexJobs or the Service.
Your privacy is important to us. Please review FlexJobs' Privacy Policy which explains how we use the information that you submit to FlexJobs and sets out the choices you can make about how this information is collected and used. The Privacy Policy is hereby incorporated by reference.
(a) Terms. FlexJobs can change, update, add or remove any provisions of these Terms at any time by posting the updated Terms on the Site and by providing a notice on the Site. In case of material changes, FlexJobs will provide a notice in compliance with law. If you do not agree with any of the updated Terms, you must stop using the Service.
(b) Service. FlexJobs may make changes to the Service at any time. If you object to any changes to the Service, your only recourse will be to stop using it. Continued use of the Service after any such changes have been posted will indicate your acknowledgment of the changes and satisfaction with the Service as modified. Some elements of the Service may only be offered in the desktop version of the Site and may not be available in the mobile version of the Site. We also reserve the right to discontinue the Service or any component of it, at any time and without notice. We will not be liable to you, or any third party should we exercise our right to modify or discontinue the Service.
(c) Paid subscriptions. Please note that if you are under paid subscription services with us, in the event we change the price for services you have previously agreed to pay, or if we substantially change the services you are paying for, we will notify you of such changes by sending you an email notification. Any changes will become effective immediately and will be reflected in your next scheduled payment. If you do not agree with such changes, you may cancel your paid subscription by communicating with us, in accordance with the Cancellations section below.
(d) Additional Terms. In addition, certain features of the Service may be subject to additional terms of use (“Additional Terms”), which shall be provided to you when you choose to use such features. By using such features, or any part thereof, you agree to be bound by the Additional Terms applicable to those features. In the event that any of the Additional Terms governing a given area conflict with these Terms, the Additional Terms will prevail.
We provide an online service that helps job seekers with a variety of services supporting and related to their job search, interest in remote and flexible jobs, and career coaching; and helps employers with various services related to attracting, recruiting, hiring, and managing people interested in remote and other kinds of flexible work. For as long as you agree to these Terms and abide by them, you may use the Service. These Terms apply to all users of the Service, including visitors and registered users.
(a) Job Seekers. Job Seekers, also referred to as “Registered User”, agree to use all resources on the FlexJobs Site solely for personal, individual non-commercial use and agree not to share, sell, distribute, or disclose to any third party or on any other website any FlexJobs content, which includes job listings.
(b) Employers. Employers, also referred to as “Registered User” or “Employer(s)”, interested in and requesting membership to use the FlexJobs service (“Membership”) will be invited to do so at the sole discretion of FlexJobs.
FlexJobs reserves the right to discontinue any accounts that violate (either overtly or even just the intentions of) our policies or terms of use, misuse our service in any way, and/or are not in keeping with the mission of our service -- solely at our discretion.
(c) Registration data. In registering for the Service, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (A) notify FlexJobs immediately of any unauthorized use of your password or any other breach of security at support@flexjobs.com, and (B) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if FlexJobs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FlexJobs has the right to suspend or terminate your Account and to refuse any and all current or future use of the Service (or any portion thereof). FlexJobs is entitled to monitor your username and password and, at its discretion, to require you to change it. If you use a username and password that FlexJobs considers insecure, FlexJobs will be entitled to require this to be changed and/or terminate your Account. FlexJobs reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from FlexJobs and immediate termination of your registration or ability to access FlexJobs, any other FlexJobs Sites, and/or any other services provided by FlexJobs, upon any breach by you of these Terms or if FlexJobs is unable to verify or authenticate any information you submit or pursuant to other FlexJobs Site registration. FlexJobs reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to register for an Account on behalf of an individual other than yourself or register for an Account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these Terms. By registering another person, group, or entity, you hereby represent that you are authorized to do so.
(d) Access through social networking sites. If you access the Service through an SNS as part of the functionality of the Service, you may link your Account with Third-Party Accounts by allowing FlexJobs to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to FlexJobs and/or grant FlexJobs access to your Third-Party Account (including, but not limited to, for the purposes described herein) without you breaching any of the terms and conditions that govern your use of the applicable Third-Party Account and without obliging FlexJobs to pay any fees or making FlexJobs subject to any usage limitations imposed by such third-party service FlexJobs. By granting FlexJobs access to any Third-Party Accounts, you understand that FlexJobs may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through FlexJobs’ via your account. Unless otherwise specified in the Terms, all SNS Content is considered to be your User Content (as defined in Section 6) for all purposes of these Terms.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, information that you post to your Third-Party Accounts may be available on and through your Account on FlexJobs’ Internet properties. Please note that if a Third-Party Account or associated service becomes unavailable or FlexJobs’ access to a Third-Party Account is terminated by the third-party service FlexJobs, then SNS Content will no longer be available on and through FlexJobs Internet properties. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE FLEXJOBSS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE FLEXJOBS, AND FLEXJOBS DISCLAIMS ANY LIABILITY FOR PERSONAL INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE FLEXJOBS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. FlexJobs makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and FlexJobs is not responsible for any SNS Content.
To avoid any doubt, you retain ownership of your User Content at all times. However, by posting, uploading and/or making available any User Content within the Service, and/or by providing any communication or material to FlexJobs, you automatically:
Disclaimer. FlexJobs does not endorse any User Content submitted to the Service by any user or other licensor, or any opinion, recommendation or advice expressed therein, and FlexJobs expressly disclaims any and all liability in connection with User Content. FlexJobs does not permit copyright infringing activities and infringements of intellectual property rights on the Service, and FlexJobs will remove User Content if properly notified that such User Content infringes on another person’s intellectual property rights (please refer to our Copyright and Intellectual Property Infringement Notification section). FlexJobs reserves the right to remove User Content without prior notice.
This section sets out the Acceptable Use Policy ("AUP"), establishing acceptable practices relating to the use of the Service, including limitations on User Content, system abuse and security.
The Service must be used in a manner that is consistent with the intended purpose of the Service and the terms of the applicable agreement with FlexJobs, including our Terms. By using the Service, you consent to be bound by the terms of this AUP. If you do not agree with anything in this section, you must stop using the Service. For the purposes of this section, FlexJobs includes all of FlexJobs’ affiliates, including direct and indirect subsidiaries.
(a) Summary of generally prohibited conduct. You will not use the Service to transmit, distribute or store material in a manner that: (i) violates any applicable law or regulation; (ii) may adversely affect the Service or other users; (iii) may expose FlexJobs to criminal or civil liability or (iv) violate, infringe upon or otherwise misappropriate any third-party rights, including intellectual property rights, rights of publicity and privacy rights. You are prohibited from facilitating the violation of any part of this section or applicable third-party policies, including, but not limited to, transmitting, distributing or otherwise making available any product or service that violates this section or another FlexJobs’ policy.
(b) Responsible use of the Service. Please act responsibly when using the Service. You may only use the Service and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through the Service. You may not collect or store personal information from other users. You recognise that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Service is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through the Service are the sole responsibility of the sender, not FlexJobs, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through the Service.
(c) Content limitations.We require that you do not post resumes or cover letters, send emails or submit to or publish through forums available on the Service, post jobs, or otherwise make available on the Service any content, or act in a way, that in our opinion;
In addition, you are prohibited from removing any sponsorship banners or other material inserted by FlexJobs anywhere on the Service (e.g. on any web space made available for your use).
PLEASE BE AWARE THAT WE COOPERATE WITH LAW ENFORCEMENT AND REPORT SUSPICIOUS ACTIVITY
(d) System Abuse. Without limitation, you agree not to;
(e) Violation of security systems. You are prohibited from using any services or facilities provided in connection with the Service to compromise its security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, FlexJobs reserves the right to release your details to system administrators at other sites or to law enforcement personnel in order to assist them in resolving security incidents.
(f) Responsibility for User Content. FlexJobs takes no responsibility for any material created or accessible on or through the Service and will not exercise any editorial control over such material. FlexJobs is not obligated to monitor such material but reserves the right to do so. You acknowledge that FlexJobs has no obligation to pre-screen User Content, although FlexJobs reserves the right, at its sole discretion, to pre-screen, refuse or remove any User Content. By entering these Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of your User Content, including, without limitation, videos, comments, any chat, text, or voice communications that may be facilitated through the Service. If FlexJobs pre-screens, refuses or removes any User Content, you acknowledge that FlexJobs will do so for FlexJobs’ benefit, not yours. FlexJobs may provide you with tools to flag User Content, although FlexJobs makes no promises or representations regarding removal of flagged User Content.
Violations of this AUP may be reported to: support@flexjobs.com.
Any Employer may request membership and/or submit jobs to FlexJobs, however, memberships to use FlexJobs hiring and recruiting services will only be extended to those who FlexJobs deems a good match for its platform and jobs to be posted to FlexJobs' job database will only be accepted if deemed a high-quality likely match for its job seekers' interests. For example, priority will be given to high-quality organizations hiring for professional jobs which align well with the interests of the FlexJobs’ candidate pool and who have a good track record in their industry.
The profile and resume database ("FlexJobs Resume Database") and other features of FlexJobs may be used only for lawful purposes by Employers seeking employees or freelance workers. FlexJobs Resume Profiles may be used only for lawful purposes by individuals to network for professional purposes with other individuals. FlexJobs specifically prohibits any other use of FlexJobs, and all Users agree not to do any of the following: (a) use any FlexJobs Resume Database for any purpose other than as an Employer seeking employees or freelancers; (b) post or submit to FlexJobs any incomplete, false, or inaccurate biographical or organizational information or information which is not your own; (c) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of FlexJobs; (d) delete or revise any material posted by any other person or entity; (e) take any action that imposes an unreasonable or disproportionately large load on any FlexJobs Site's infrastructure; or (f) aggregate, copy, or duplicate in any manner any of the FlexJobs content or information available from FlexJobs, without express written consent from FlexJobs; or (g) post jobs or content on any FlexJobs Site that contain hyperlinks, "hidden" keywords, or keywords that are irrelevant to the job or are otherwise misleading.
FlexJobs may offer as part of the service publicly available searchable database to which anyone can have access. When you decide to share a resume you will be automatically included as part of the database and your resume will be searchable by anyone unless you actively opt-out. We will not show your address, phone number, or email address unless you have agreed to make this information available. FlexJobs. FlexJobs has no control over how third parties will use the information publicly visible on the database and you agree to share it at your own risk. Our searchable database will provide aleatory results depending on the job title and location where potential employers are looking to hire. Results are based on a computer system that provides results that best match the words imputed on the search form.
To the extent permitted by applicable law in your jurisdiction, you agree to indemnify and hold harmless FlexJobs and its officers, directors, employees, agents, distributors, and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from your use of Resume and its inclusion on our public resume database (or Contact form if you are acting as a Sender).
Please note that the cancellation of your subscription will not result in the automatic unpublishing of your resume. Your resume may be removed by deleting your Account. By sharing your resume with third parties, you do so at your own risk. Once your resume is published, we have no control over your publicly available data.
You recognize that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that you are responsible for all material or information you send. Furthermore, you are obliged to refrain from transmitting any commercial, advertising, or promotional materials, or use the resume for commercial purposes. We require that you do not provide any content that violates any law or may be considered to violate any law. You are obliged to abide by all the applicable law, as well as you agree to abide by these Terms.
If you purchase any services that FlexJobs offers for a fee, either on a one-time or on a subscription basis, you agree that FlexJobs’ third-party vendors may store your payment information. Your credit card FlexJobs may offer a service to update your credit card information automatically as part of their service. This is not controlled by the FlexJobs and your credit card FlexJobs is solely responsible. You also agree to pay the applicable fees for the services you order (including, without limitation, periodic fees for monthly or annual subscriptions) as they become due, plus all related taxes, and to reimburse all collection costs and interest for any overdue amounts.
Any recurring charge will be fixed at the price agreed to at the time of purchase. The specific billing terms for the services you order will be described on the offer page on the Site. When you sign up for automatic or recurring billing, you will be notified of the billing terms and how to stop recurring billing on your transaction receipt. By signing up for FlexJobs’ services with recurring billing, you will be deemed to agree to those billing terms as described specifically on the Site. If your payment method does not successfully process, you authorize us to complete a partial payment of the available balance on your card. The remaining balance will be charged on a separate transaction either to the same card or any other card on file.
For un-scheduled purchases, when such purchases are available, you agree that FlexJobs will charge your payment method on file for each of such un-scheduled purchases, individually, at the time of purchase. Such individual transactions are final.
Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction may be subject to foreign exchange fees or differences in prices due to exchange rates. Your transaction may also be subject to foreign currency exchange fees assessed by your bank or card issuer. FlexJobs is not responsible for any foreign currency exchange fees or surcharges and will not make any compensation or reimbursement for charges imposed by your bank or card issuer. FlexJobsdoes not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiry date and you do not edit your payment method information or cancel your Account or the applicable service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period until you cancel your subscription. All applicable taxes are calculated based on the billing information you provide at the time of purchase.
FlexJobs can alter prices for services at any time, at its discretion, subject to the notification terms of Section 3 (Modifications).
As stated on the subscription page (for job seekers) and membership pages (for employers) when you submit your billing information, your subscription will automatically renew as per your chosen subscription type. If you do not cancel your subscription prior to your next renewal date, it will automatically renew, and you will be billed for a continued subscription. You are solely responsible for and in control of cancelling your subscription when you would like to no longer use the FlexJobs service. No pro-rated credit will be given for partial use of your subscription.
You may cancel your subscription any time by contacting our customer service department, or by going to the Account Settings. FlexJobs will send an email with a cancellation number to confirm any cancellation request. If you do not receive this confirmation and still wish to cancel, please contact our customer service department directly for further assistance. FlexJobs may issue a refund if notice of cancellation of your subscription is provided before the end of the trial period, if a trial period is offered. FlexJobs does not guarantee refunds after trials are expired.
Due to the nature of the services, by accepting these Terms you agree to the immediate delivery of the services and related digital content, and you understand that you lose your right to withdraw from these Terms.
You acknowledge that any services that you purchase are subject to these Terms and any additional terms related to the provision of any product or service. The Site is operated by Bold LLC, located in City View Plaza II, Suite 6000, 48 Road 165, Guaynabo, Puerto Rico 00968. Bold LLC is the data controller of your Information in the context of the Site. Whether you access the services through any of our internet properties or family Sites you may contact FlexJobs using the information provided herein.
We do our best to describe every product or service offered on the Service as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing or other content provided as part of the services is complete, accurate, reliable, current or error-free. In the event of any errors relating to the pricing or specifications, FlexJobs has the right to refuse or cancel any orders in its sole discretion. Additional terms may apply.
Except with respect to your User Content and other Registered Users’ Content, you agree that, between you and us, FlexJobs (and our affiliated companies and suppliers) own all rights, title and interest in the Service and all tools, as well as all related intellectual property rights. The Service is copyrighted as a collective work, and individual works or content appearing on or accessible through the Site owned by or licensed to FlexJobs or its content FlexJobss are likewise subject to copyright protection domestically and internationally. Likewise, all data files, program files, software, code, proprietary methods, systems and other materials that are made available to download from or used to provide the Service ("Materials") may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. The Materials are protected by copyrights, patents, trade secrets or other proprietary rights.
You must abide by all copyright notices, information or restrictions contained in or attached to any of our Materials. Nothing in this Agreement grants you any right to receive delivery of a copy of our Materials or to obtain access to our Materials except as generally and ordinarily permitted through the Service according to these Terms. Certain names, logos, distinctive features, source identifiers and other materials displayed on the Site or in the services, including its ‘look and feel’, constitute trademarks, trade names, service marks, trade dress or logos ("Trademarks") of us or other entities. All Trademarks not owned by FlexJobs that appear on this Site are the property of their respective owners. You are not authorized to use any such Trademarks. Ownership of all such Trademarks and the goodwill associated therewith remains with us or those other entities. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings) or create derivative works from any copyrighted work made available or accessible via the Service. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
Your right to make use of the Service and any Materials or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on the Service for any purpose not permitted by these Terms may be a violation of our intellectual property rights as protected by law and these Terms and is prohibited.
You may copy, access, download and display Materials and all other content displayed on the Service for non-commercial, personal or entertainment use on a single computer only. The Materials and all other content on the Service may not otherwise be copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, licensed, or used in any way unless specifically authorized by FlexJobs. Any authorisation to copy or download Materials granted by FlexJobs in any part of the Service, for any reason, is restricted to making a single copy for non-commercial, personal or entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Materials on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling or otherwise reducing the code used in any software on the Service into a readable form to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited (please refer to our Acceptable Use Policy for more information).
Notice to the European Union residents: If you are an EU resident, your statutory rights and your other rights directed from the Directive 2009/24/EC of 23 April 2009 on the legal protection of computer programs, implemented accordingly by each Member State, remain unaffected. Besides exceptions to the restricted acts all and any actions require authorisation from FlexJobs.
The Service may include various bulletin boards, chat rooms, community pages, comments or chat features, or other forums (“Forums”) where you can post User Content, including, but not limited to, your observations and comments on designated topics and on others’ User Content. FlexJobs cannot guarantee that other Users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it publicly on the Service. When you disclose information or rely on any information in the Forums, you do so at your own risk. FlexJobs reserves the right, but has no obligation, to monitor the Forums, or any postings or other materials that you or other users transmit or post on the Forums, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party to operate the Service properly or to comply with legal obligations or governmental requests. Furthermore, you acknowledge that a large volume of information is available on these Forums and that the people participating in such Forums may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive, or even unlawful. FlexJobs neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information, or other utterance made or displayed in the Forums by you or the other users. The opinions expressed in the Forums reflect solely the opinions of you and/or the other users and may not reflect the opinions of FlexJobs. FlexJobs is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Forums. Under no circumstances will FlexJobs be liable for any loss or damage caused by your reliance on the information in the Forums or posted User Content or your use of the Forums or User Content. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT IN THESE TERMS.
From time to time, areas on the Site may expressly request submissions of ideas or improvements through promotions, surveys or otherwise (“Invited Submissions”'). Sometimes FlexJobs may incentivise users to participate in Invited Submissions. Where this is the case, please carefully read any Additional Terms that govern those submissions, as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content or submissions that you submit to the Site. FlexJobs may use such content and submissions as user testimonials.
The Service may contain testimonials and opinions (“Testimonials”) by users of our services. These Testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
The Testimonials on the Service are submitted in various forms, such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Service as given by the users, except for the correction of grammar or typing errors. Some Testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public. Photos added next to the Testimonials may not always represent the person giving the testimonial. The views and opinions contained in the Testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide Testimonials and Users are not paid in cash or compensated for their Testimonials unless the testimonial is part of an incentivised Invited Submission.
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing content that violates the intellectual property rights of others, suspending access to the Service (or any portion thereof) to any user who uses the Service in violation of someone else’s intellectual property rights, and/or terminating, in appropriate circumstances, the Account of any User who uses the Service in violation of someone else’s intellectual property rights.
a) Submitting a notification for removing infringing content
We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with applicable law (including 17 U.S.C. § 512 Digital Millennium Copyright Act (“DMCA”)). If you believe your copyright or other intellectual property right is being infringed by a user of this Site, please provide written notice to our agent for notice of claims of infringement by sending an email to FlexJobs at legal@flexjobs.com.
To be sure the matter is handled immediately, your written notice must:
Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern. Flexjobs.com and all intellectual property thereunder, is owned by Bold Limited.
b) Submitting a counter-notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a validly received DMCA take-down notice. In response, if you believe the material was removed or disabled by mistake or because of a misidentification of the material, you may provide our agent with a written counter-notification that includes the following information:
c) Termination of repeat infringers
We reserve the right, in our sole discretion, to terminate the account or access of any user of this Site or Service who is the subject of repeated DMCA or other infringement notifications.
FlexJobs seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service FlexJobs as defined in USC Section 512(c) or elsewhere.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. If you have a dispute with one or more users (including merchants), you hereby release FlexJobs from any claims, demands, liabilities, costs or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release. If you are a California resident, you waive California Civil Code §1542, which says: ‘A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR’.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE AND OTHER CONTENT IN THE SERVICE ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FLEXJOBS AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF FLEXJOBS (THE “FLEXJOBS’ GROUP”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS IMPLIED OR COLLATERAL, RELATED TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FLEXJOBS GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLEXJOBS GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SERVICE OR ANY WEB SERVICES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. FLEXJOBS GROUP MAKES NO WARRANTIES OR CONDITIONS THAT YOUR USE OF SERVICE, OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES OR OTHER CONTENT IN THE SERVICE OR ANY WEB SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND FLEXJOBS GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES OR OTHER CONTENT OF THE SERVICE OR ANY OTHER WEB SERVICE.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES AND CONDITIONS, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IF YOU ARE ACCESSING THE SERVICE FROM THE EUROPEAN UNION OR OTHER JURISDICTIONS THAT TO DO NOT RECOGNIZE DISCLAIMERS OF CERTAIN WARRANTIES, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS OR EMPLOYEES.
THE FLEXJOBS GROUP DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OR MISUSE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF FLEXJOBSTHE FLEXJOBS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE FLEXJOBS GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING.
Because User authentication on the Internet is difficult, FlexJobs cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behaviour of participants on FlexJobs, in the event that you have a dispute with one or more Users, you release FlexJobs (and our agents and employees) from claims, demands, and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your interactions with other Users and any such disputes that may result from those interactions. FlexJobs cannot guarantee and does not promise any specific results from the use of FlexJobs. No advice or information, whether oral or written, obtained by a User from FlexJobs shall create any warranty not expressly stated herein.
FLEXJOBS' MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY FLEXJOBS SITE OR YOUR USE OF THE FLEXJOBS CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $50.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
To the extent permitted by applicable law in your jurisdiction, you agree to indemnify and hold harmless FlexJobs and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations, warranties or conditions, and/or from your placement or transmission of any content onto FlexJobs’ servers, and/or from any and all use of your Account.
FlexJobs reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any submission, posting or emails you make or send to any Forum. FlexJobs may seek to gather information from the user who is suspected of violating these Terms, and from any other user. FlexJobs may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If FlexJobs believes, in its sole discretion, that a violation of these Terms has occurred, it may take any corrective action it deems appropriate, as permitted by applicable law. FlexJobs will fully cooperate with any law enforcement authorities or court order requesting or directing FlexJobs to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF FLEXJOBS GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF FLEXJOBS GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF FLEXJOBS GROUP OR LAW ENFORCEMENT AUTHORITIES.
The Service may link you to other sites on the Internet that may or may not be affiliated with FlexJobs. These sites may contain information about job opportunities, employers, job candidates or material that some people may find inappropriate or offensive. These other sites are not under the control of FlexJobs, and you acknowledge that (whether or not such sites are affiliated in any way with FlexJobs), FlexJobs is not responsible for the accuracy of job postings, employer descriptions, candidate resumes, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by FlexJobs or any association with its operators. If you elect to use such third-party sites, and/or if you elect to ‘click’ on a link or button, you understand that (a) you will be leaving our Site and (b) your use of any such third-party sites will be subject to any terms and conditions and privacy policies required by the applicable third-party FlexJobs(s). FlexJobs does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to use caution before providing any sensitive information (e.g. social security numbers or financial information) to any third party and to make whatever investigation you feel necessary or appropriate before proceeding with any communications with any of these third parties.
To the fullest extent permitted by the applicable jurisdiction, these Terms shall be governed by, construed, and enforced in accordance with the laws applicable to the merchant outlet location that processed your payment. Therefore, for transactions processed by BOLD LLC, the laws of the State of New York, United States of America, shall apply. For any claims related to activities performed by Auxiliant S.à.r.l on behalf of Bold LLC, the laws of Luxembourg shall apply.
Notwithstanding the foregoing, if you are a US resident, except as otherwise provided in this section or as otherwise required by law, these Terms involve transactions between the parties in interstate commerce and shall be governed by the Federal Arbitration Act, 9 USC § 1-19 of the United States of America. Judgement upon any interim or final award shall be entered and confirmed in any court or tribunal of competent jurisdiction. The substantive law of the State of New York (excluding its conflicts of law provisions) shall apply to all disputes and these Terms. If there is a difference between the Federal Arbitration Act and New York law, the Federal Arbitration Act controls. In any circumstances where the foregoing Terms permit the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New York, New York for such purpose.
These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Please read this carefully if you are a resident of the United States of America. It affects your rights. Depending on your place of residence, these Terms may not apply to you.
(a) US Residents. To the fullest extent permissible by law, with the exception of disputes pertaining to FlexJobs’ intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and FlexJobs arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any New York state or federal court with substantial experience in the Internet industry and shall follow New York substantive law in adjudicating the dispute, except that this Section 24 shall be construed as a ‘written agreement to arbitrate’ pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 24 satisfies the ‘writing’ requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to FlexJobs. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone or instead the arbitrator decides the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, FlexJobs shall pay the costs and fees of JAMS and the arbitrator. FlexJobs agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
(b) Non-US or EU Residents: If any controversy, allegation or claim (including any non-contractual claim) arises out of or relates to the Site or these Terms, then you and we agree to send a written notice to the other providing a reasonable description of this dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. If no such information exists or if such information is not current, then, we have no obligation under this section. Your notice must be sent to us at legal@flexjobs.com. For a period of sixty (60) days from the date of receipt of notice from the other party, FlexJobs and you will engage in a dialogue in order to attempt to resolve the dispute, although nothing will require either you or FlexJobs to resolve the dispute on terms either you or FlexJobs, in each of our sole discretion, are uncomfortable. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.
(c) European Union Residents: You may have a right to an out-of-court settlement of certain disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at: http://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board. Your statutory rights regarding choice of law and venue, to the extent applicable, remain unaffected.
FlexJobs makes no representation that Materials or other content on the Service are appropriate or available for use outside of the United States of America (“United States”), and if accessing the Service from outside the United States, then FlexJobs makes no representation that Materials or other content on the Site are appropriate or available for use from your current location. If you choose to access the Service from other locations outside the United States, you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable.
Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: The Service is provided by FlexJobs. If you have a question or complaint regarding the Service, please contact Customer Service at support@flexjobs.com. You may also contact us by writing us at City View Plaza II, 48 Road 165 Suite 6000, Guaynabo, PR 00968, USA. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700. Email: dca@dca.ca.gov.
The California Consumer Privacy Act (CCPA), as amended by the California Privacy Regulations Act, affords all California residents the right to opt out of the selling or sharing of their personal information. CCPA defines personal information as information that identifies, relates to, or could reasonably be linked to a person or his/her household. FlexJobs uses your personal information to perform the contract and provide our Services. When you use our Services, we may drop data collection tools (i.e. cookies, web beacons, and other similar technologies) and share some of your digital activity information with third parties in order to receive information about the performance of our marketing campaigns and the usage of our web sites and applications. Details about how we use your information and for what purposes can be found on our Privacy Policy. Because of CCPA's broad definition of data selling, in some instances, our sharing of data may be considered a sell. You may request us to stop sharing or selling your personal information and we will honour your request for at least 12 months before asking you to opt back in. You have the right to exercise this right personally or through an authorized agent, who will have to provide the necessary evidence to confirm his/her agent status. Your request will be subject to an identification process, and we will not fulfil your request unless you have provided all the information required.
To make a Do Not Sell or Share my Personal Information request, please submit your request by contacting us at privacy@flexjobs.com and following the instructions.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and FlexJobs relating to the matters contained here and the Site.
The Site is operated by FlexJobs. Whether you access the Services through any of our Internet properties or family sites you may contact us using the information provided herein. Please forward any comments or complaints about the Site to support@flexjobs.com. City View Plaza II, Suite 6000, Guaynabo, PR 00968, United States of America or to Auxiliant S.à.r.l, 1A, rue Thomas Edison, L-1445 Strassen, Luxembourg.