Terms & Conditions

A. Terms of Service for Job Seekers

1. Job Ads or Job Listings

BHA may make available Job Ads advertising employment opportunities and other job-related content, including links to third-party websites (“Job Listings” or “Job Ads”), through BHA’s search results or otherwise through the Site. Searching for Job Ads on BHA is free for Job Seekers. Job Ads are created and provided by third parties over whom BHA exercises no control; you acknowledge and understand that BHA has no control over the content of Job Ads, links to or from Job Ads, or any conditions third parties might impose once a Job Seeker has submitted an application or left the Site. For example, some of these third parties may attempt to charge Job Seekers a fee to apply to a particular job, although BHA endeavors not to make such Job Ads available on the Site. If you leave the BHA Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. Employer websites may have conversion trackers or other functionality provided by BHA, which informs us 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. However, you acknowledge and agree that BHA has no control over such an Employer or its website. You agree to BHA’s use of, and receipt of information from, any such conversion tracker functionality. Except for sponsored, featured or paid placements, the Job Ads contained on, or linked from, the Site are indexed or posted in an automated manner. BHA has no obligation to screen any Job Ads, or to include any Job Ads, in its search results or other listings, and may exclude or remove any Job Ads from the Site or your search result for any or no reason. You understand and agree that BHA has no obligation to present you with any or all Job Ads. We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Employer or other user, including the identity of such Employer or other user. BHA assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Ads, Company Pages, screener questions and responses, and assessments. Additionally, BHA may provide search options to narrow down Job Ads search results by job type categories (i.e. full-time, part-time, etc.), and such categories are created independently and entirely by BHA, and may not directly or accurately reflect the content of the Job Ads. BHA may reformat Job Listings so that you may read them more clearly on a mobile phone. Placement of a Job Ad on a certain page (for example, on BHA Gigs) is not a representation regarding the nature of the role for legal purposes. While BHA may in some circumstances be compensated by employers who post Job Ads, helping keep BHA job search free for Job Seekers, all Job Ads are considered advertising. BHA displays Job Ads based on a combination of employer bids and relevance, such as search terms, and other information provided and activities conducted on BHA. You are not permitted to use BHA’s Site or its content other than for non-commercial purposes. For purposes of this Section A of the BHA 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. BHA may provide functionality to call a telephone number contained in a Job Ad using the phone app on a mobile device. BHA cannot guarantee that the extracted phone number is the correct phone number for the Employer or for the Job Ad you are viewing.

2. Resumes and Recommended Jobs

By creating a public resume through the Site, you are requesting and authorizing BHA to make available your resume to third parties, such as Employers, that BHA believes may have an interest in your resume. By creating or uploading a resume on BHA (an “BHA Resume”), BHA may share with you Job Ads that match the contents of your BHA Resume. BHA may also highlight to you items in your resume that may match qualifications from the Job Ad, or highlight to you items that appear in the Job Ad and may be missing from your resume. 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 Ads does not guarantee job interviews or hiring. Even where BHA highlights items or a Job Ad is shared with you, BHA assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Ads or highlights. BHA assumes no responsibility and disclaims all liability for the resume or application information you post, send or receive through the Site. It is your responsibility to review your resume to ensure 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 BHA to do so. To protect your privacy, BHA may mask or hide your contact information, such as your email address, from your resume or application, for example, and may substitute it with an alias. BHA 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 BHA’s discretion. BHA assumes no responsibility and disclaims all liability for the resume or application information you post, send or receive through the Site. It is your responsibility to review your resume to ensure 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 BHA to do so. To protect your privacy, BHA may mask or hide your contact information, such as your email address, from your resume or application, for example, and may substitute it with an alias. BHA 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 BHA’s discretion. BHA may also automatically send you recommended jobs via the email address you use to create an BHA account or apply to a job. BHA 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 BHA 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 BHA.

3. Applying to Jobs Through BHA

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 (“BHA Apply”), is subject to this Agreement (including Section D.3.) and to BHA’s Privacy Policy. Once you provide information to an Employer (whether in the form of a job application, resume, email, or otherwise), BHA 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 BHA”, “RSVP to hiring event” or any similar references mean “BHA Apply.”) BHA may use your application materials to determine whether you may be interested in a Job Listing, and BHA may reach out to you about such Job Listing. BHA 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, BHA in its sole discretion may impose limits on your ability to apply to Job Listings or to other BHA services. In addition, when you indicate your interest in a Job Listing through BHA Apply or by RSVPing to a hiring event you are sending your resume and application information to BHA, and you are requesting and authorizing BHA to make available such application information to the applicable Employer(s) for such Job Listing(s). When you ask BHA to transmit an application or a message, including, but not limited to, a signed offer letter, to an Employer via BHA Apply or BHA’s relay system, or store such application, you understand that this is without warranty, and that BHA reserves the right to reformat such application or message. You acknowledge and agree that Employers may request that BHA assemble your application materials, resume, answers to screener questions, assessment responses and other information you provide to BHA into one document, and you agree that in doing so, BHA assembles these application materials on your behalf. When you apply for a job on BHA you agree to BHA’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 BHA being processed and analyzed by BHA according to this Agreement and BHA’s Privacy Policy. When you apply to a job using BHA Apply, BHA will attempt to send your application to the contact information provided to us by an Employer or their Agent. We cannot guarantee that such messages and applications will be delivered, received, accessed, read or acted upon. BHA 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. However, BHA may alert you when any of the above events occur. Please note that Job Ads may expire between the time you submit your application and from the time it is received. BHA has no responsibility for expired Job Ads or for delivering applications prior to a Job Ad’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 Applicant Tracking Systems (ATSs). If you do not feel comfortable sending an application or messages in this manner, or having your application or messages stored on BHA, do not use the BHA Apply or BHA 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 BHA. By using the BHA 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 BHA is not responsible for the Employer application process. By using BHA, you agree that BHA 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 BHA does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that BHA 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. BHA cannot guarantee that the Employer will consider such an application or make a particular determination with regard to such an application. BHA 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 BHA does not guarantee that updating a resume or application will result in any job offer. BHA does not guarantee the identity of an Employer or any individuals working for any Employers, and cautions Job Seekers when applying to jobs. BHA cannot make any guarantee regarding health and safety measures in an Employer’s hiring or interviewing process. BHA recommends Job Seekers follow personal health and safety best practices as recommended by the World Health Organization or similar institution. BHA 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. BHA may use your application materials (including resumes and responses to screener questions) and the recency of your activity on BHA 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 BHA may differentiate those matching resumes and screener questions from those that do not match, and present them to Employers as matches or not matches. BHA may also use such information in order to improve the Site or any other BHA product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers). BHA 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 you 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 BHA highlights items or a Job Listing is shared with you, BHA assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Listings or highlights. By using BHA Apply and answering screener questions, you acknowledge that Employers may have instructed BHA to send out rejection notices if your answers do not match the answers sought by the Employer, and you acknowledge that BHA has no discretion in the transmission of these rejections. BHA may offer Employers the ability to activate a feature on their account called Employer Assist. Activating Employer Assist means the Employer is instructing BHA 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 BHA their interest in your application. You acknowledge and agree that BHA 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 BHA within the time period selected by the Employer. Any interactions the Employer has directly with you and not through a tool provided by BHA (for example, calling or emailing you directly instead of through an BHA Relay Service) are not visible to BHA, and would not by themselves prevent an Employer Assist rejection notice from being sent. When you search for jobs on the BHA Job Search app and proceed to apply for a job, including jobs on third party sites, BHA may suggest information from your BHA profile to include in your application. It is your responsibility to review suggestions before accepting them and including them on your application. For Job Seekers located in the UK, you acknowledge that when contacted by BHA, presented as BHA Hire (hereinafter referred to as “BHA Hire”), BHA is acting as an Employment Agency (as defined under applicable law). The services BHA Hire offers are set out in these terms. BHA Hire will only send you Job Listings that BHA Hire determines may be of interest to you. You further acknowledge that BHA Hire is not authorised to receive any money on your behalf and/or to enter into any contracts on your behalf. You may also end your relationship with BHA Hire at any time.

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, BHA may, for example, use such materials for data analysis, quality control, or to refine the Site or any other BHA 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, BHA may inform you about such actions. Additionally, we may also inform you that an Employer has taken other actions with regards to a Job Ad, your Resume, or your application, such as pausing or closing a Job Ad, 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 Ad. BHA may inform the Employer about activities you take on the Site or your use of the Site, for example, whether you are online on BHA, and you hereby consent to BHA 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. BHA may offer you the opportunity to receive a text message interview reminder from BHA when an Employer has scheduled interviews with you. In such an event you will enter your phone number on the BHA 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. BHA will only send you a text message reminder for such interview and you agree to accept such text message reminder on your cell phone, including messages sent by automated telephone dialing system. Please note that since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. We also cannot vouch for the technical capabilities of any third parties to receive such text messages. BHA 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 BHA. 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, BHA Apply, BHA Chat, 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 BHA. BHA 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. Should you choose to send an email from a third party email client, the person with whom you’re communicating may be able to see your email address, rather than the alias. BHA 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. BHA may enable chatbots, which allows you to take certain actions on the Site, such as apply to a job, schedule an interview, or otherwise interact with the Site, Employers, or Job Listings on our Site (“Chatbot”). You understand that the Chatbot is an automated service that does not involve human interaction. It is your responsibility to ensure the accuracy and completeness of information submitted through the Chatbot. BHA is not responsible for any loss, damage or inconvenience arising as a consequence of the use (or inability to use) the Chatbot or from the information you submit via the Chatbot. BHA reserves the right to turn on or enable BHA Chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify you that BHA Chat or other communication options are available for a particular job or Employer. For BHA Chat, you may access or view your messages by visiting your BHA Chat messages dashboard. BHA may, in its sole discretion, turn off or disable BHA Chat for any Employer or Job Seeker at any time without prior notice. Please note that if you are using BHA Chat to communicate with an Employer, BHA will deliver your messages as instructed by the Employer.

5. Virtual Communications

Employers may offer you the opportunity to participate in virtual and remote communications using BHA products, including but not limited to, BHA Interview, BHA Hiring Platform, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). You understand that BHA is not a telecommunications service provider and that BHA 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. BHA 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. BHA is not liable for any claims arising out of your use of Virtual Interviews and you release BHA from any such claims. You understand that BHA 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 accommodations you need during Virtual Interviews. 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 BHA IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT DURING YOUR USE OF VIRTUAL INTERVIEWS. BHA 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 BHA DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS.

6. BHA Assessments

BHA 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 use the BHA Assessments tool to send you Assessments, to which you may provide Responses. After you provide a Response, the Employer will be able to use the BHA 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 BHA to send out rejection notices if you have not responded to Assessments in a manner acceptable to the Employer, and you acknowledge that BHA 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 BHA 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 BHA 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 an accommodation, or any alternative method(s) of Assessment, screening or application, you must indicate it to the Employer. BHA may provide a means by which you may request such an alternative method or other accommodation from the Employer; BHA does not guarantee the Employer’s receipt of, or response to, any such request. While BHA is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, BHA 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. BHA 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 BHA. Once an Employer pauses or closes their Job Ad (for example, after the Employer has made a hire), BHA 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 BHA Profile or for another job application. BHA 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 BHA Profile. You may choose whether the Response is available to Employers viewing your BHA Profile, though BHA 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 BHA Assessments being processed and analyzed by BHA according to this Agreement and BHA’s Privacy Policy. You are requesting and authorizing BHA 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 BHA Profile. You understand that this is without warranty, and that BHA 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. BHA 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 BHA transmit your Response to an Employer, that request cannot be canceled. BHA 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, BHA 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. BHA does not act as an employment agency by offering the BHA Assessments tool. By using BHA Assessments, you acknowledge and agree that BHA is not procuring employees for Employers or procuring opportunities to work for Job Seekers. BHA 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 BHA 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 US Fair Credit Reporting Act, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries, may only be asserted against the Employer. BHA is not a third party beneficiary of or liable for any agreements between an Employer and Job Seeker, regardless of whether or not BHA receives a fee from the Employer in connection with the transaction. BHA will not be liable for any costs or damages arising out of or related to such transaction. BHA assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of the Site, the BHA Assessments tool, and any Assessment or Response.

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

BHA may provide some information and content to users for informational purposes only. For example, BHA 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 BHA is based on estimates given for informational purposes only and without warranty, and is subject to change or varying levels of accuracy. BHA 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 BHA, including from BHA affiliates. These figures are given to BHA users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures. Similarly, career-related or hiring-related information provided by BHA is for informational purposes only, and is in no way to be construed as professional career counseling or staffing services. You understand that BHA 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, BHA 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, BHA 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. BHA 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 BHA and that BHA 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. BHA 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, BHA 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 BHA 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 BHA, information you provide directly to BHA including desired salary, or past experience, or information in the “About me” part of 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 BHA account or an BHA Resume, you agree that BHA may associate this data with your BHA 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 BHA. You also agree that BHA may contact you based on this observed behavior or provided info on behalf of Employers or BHA itself. Please note, the aforementioned actions do not include information sent to you by a third party, however, BHA may publicly display the fact that you have recently used the BHA Site to correspond with a third party. In addition, if you set your Resume to public, this means that BHA 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.

9. Screening Tools

BHA may make screening tools available to Employers for Employer use in the application process, including screener questions, phone screen tools and assessments. BHA is licensing these tools for Employers’ use as determined by Employers. As a Job Seeker you agree that the Employer has made the determination to use these tools as part of its application process, and the questions asked are solely determined by the Employer, and are not being asked by BHA. 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 BHA is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, BHA 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. BHA Hiring Platform

BHA Hiring Platform is a platform designed to automate and streamline Employer hiring and employment decision-making processes by allowing users access to various products such as BHA Interview, or related services (“BHA Hiring Platform”). Employers may offer you the opportunity to participate in hiring activities that might be supported by BHA Hiring Platform. You acknowledge and understand that Employers select the method and manner that BHA Hiring Platform will be used for its job openings and that the Employer determines the job requirements and specific needs of its hiring efforts.YOU UNDERSTAND AND AGREE THAT EMPLOYER IS RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING ITS EMPLOYMENT AND HIRING PRACTICES, INCLUDING TITLE VII, AND THAT EMPLOYER INDEMNIFIES BHA AGAINST ANY AND ALL CLAIMS ARISING FROM EMPLOYER’S USE OF BHA HIRING PLATFORM OR SIMILAR PRODUCTS. BHA DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT EMPLOYER’S USE OF THE SERVICES COMPLIES WITH TITLE VII OR ANY SIMILAR LAW.  BHA has no control nor participates in the hiring or decision-making process regarding Employer hiring efforts. Further, you understand that BHA is not an employment agency by offering BHA Hiring Platform and related tools. By using BHA Hiring Platform, you understand that BHA is not procuring employees for Employer or opportunities for Job Seekers. BHA merely provides BHA Hiring platform as a tool that enables Employers and Job Seekers to exchange information as they determine.

11. 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 Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Travis County, Texas, U.S.A., if you are located in the United States, or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, U.S.A, if you are located in the United States of America, or Dublin, Ireland, if you are located elsewhere. You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.

12. Class Action Waiver

By using the Site and in return for the services offered by BHA, you acknowledge that BHA 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 BHA 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 BHA 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 Section 10 above. [/spb_text_block] [spb_text_block title=”Terms of Service for Employers” animation=”none” animation_delay=”0″ simplified_controls=”yes” custom_css_percentage=”no” padding_vertical=”0″ padding_horizontal=”0″ margin_vertical=”0″ custom_css=”margin-top: 0px;margin-bottom: 0px;” border_size=”0″ border_styling_global=”default” width=”1/1″ el_position=”first last”]

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 B of the BHA 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 BHA 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 Ads”) on the Site, whether as part of the BHA Ads Program or otherwise, you agree that this Agreement, the terms associated with any BHA service you are using, and all of BHA’s policies, including the BHA Privacy Policy and Cookie Policy, apply to you. When you create an BHA account, BHA may require that you verify your identity through a third party service called Mitek. By using Mitek, you are submitting your identification documents for verification through BHA to Mitek, you are agreeing to share your identification and identity with Mitek, and you agree that Mitek is solely responsible for any use or loss of data you provide. This process will not involve the capture or storage of any biometric identification or biometric identifiers. As an Employer, your account is for business use and not for personal use. BHA is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for an BHA account, you agree to receive mandatory email updates regarding anomalous activity to your BHA 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. If you are an Admin adding a user to a Role or several Roles, you represent to BHA 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 BHA from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data and access to your account. You agree that BHA assumes no liability in regards to the accuracy of the statements above and that you are fully responsible for said accuracy. When using a Linked Account, any users with access to certain Roles may have access to any or all account information, including but not limited to: communications and actions of all other users and applicants within the Linked Account, resume contacts, and billing information, and you consent to such access. Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same BHA 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 BHA party identified in the first paragraph of this Agreement with respect to such new territory. If your BHA employer account has a credit card on file to pay for one BHA product or service, BHA may charge that card for any additional products or services you order.

2. Employer Services Including BHA Apply and Screener Questions

You also agree that, as a service to Job Seekers, BHA may activate its BHA 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 BHA Apply, and that BHA will send applications to the email address you provide us with. You also agree that BHA may activate a chat bot, which enables Job Seekers to apply to your Job Ad by answering questions. The answers a Job Seeker submits are presented to you as a job application. When you use BHA candidate management tools, including but not limited to your Employer Dashboard, or by activating the BHA Apply relay function for your Job Listings, you acknowledge and agree that BHA 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 management tools, you are instructing BHA to assemble the candidate’s application materials, resume, answers to screener questions, assessment responses and other information you provide to BHA into one document. You further agree that BHA 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 BHA and requesting and authorizing us to make available such information to the applicable Job Seeker. Additionally, you consent to any information shared through BHA being processed and analyzed by BHA according to this Agreement and BHA’s Privacy Policy. BHA 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 BHA Apply or otherwise, and agree that BHA is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that BHA may reject or remove any Job Listing, any part of any Company Page, or any questions for Job Seekers for any or no reason. BHA 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. 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 BHA’s relay functions, do not use the BHA 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 BHA Apply function, BHA will attempt to send applications to the contact information provided to BHA by you, however, BHA 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 BHA for any damages resulting therefrom. When you use the BHA Apply relay function for your Job Listings, you acknowledge and agree that BHA may add functions into the corresponding BHA Apply emails. In addition, BHA may, on your behalf, send out reminder emails to Job Seekers you wish to interview. BHA 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 BHA 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 option, you agree you are instructing us to send out rejection notices to such candidates and set them to rejected in your candidate dashboard. You further acknowledge that BHA 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. When you use BHA’s candidate management tools, you may be given the option to send automatic rejection notices to candidates whose status you set to “rejected”. If you choose such option, you acknowledge that BHA has no discretion in the transmission or storage of rejection notices. You agree that BHA 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. BHA does not verify the identity of any Job Seekers who apply to your job listing, nor does BHA 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 BHA Apply and BHA’s relay functions are presented to you without warranty and BHA 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 BHA 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 BHA. You also agree that you are only asking BHA to record the Job Seeker’s answers to your screening questions and that BHA will forward you the recording of the answers to your questions. You consent to BHA listening to and analyzing the recording in accordance with BHA’s Privacy Policy. BHA 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 at which they may be sent. You shall indemnify, defend and hold harmless BHA, 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 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). BHA may make Job Ad 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 BHA’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any BHA product, BHA reserves the right to suspend or terminate your use of that BHA product as well as any other BHA product, including but not limited to those BHA products where you do not have an unpaid invoice or account balance. BHA 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 BHA incurs collecting such late payments. When you view, send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, BHA may, for example, use such materials for data analysis, quality control, or to refine the Site or any other BHA 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, BHA may inform a Job Seeker that you have taken an action, for example, with regards to a Job Ad, Job Seeker’s Resume, or application such as pausing or closing a Job Ad, opening the Resume or application, viewing the Resume or application, responding to the Resume or application, and making a decision with regards to the application or Job Ad, and you hereby consent to BHA taking such actions. BHA, in its sole discretion, may add labels or badges to Employer names or Job Ads, such as, “Responsive Employer” or “Active Employer” or “Hired on BHA”. Employers may also request that BHA add such labels. BHA 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 BHA does not have sufficient data to determine if an Employer qualifies.

3. Job Match

BHA may use Job Seekers’ application materials (including resumes and responses to screener questions) and the recency of their activity on BHA 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 BHA may differentiate those matching resumes and screener questions from those that do not match, and present them to you as matches or not matches. BHA may also use such information in order to improve the Site or any other BHA 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 BHA

BHA may provide some information and content to users for informational purposes only. For example, BHA 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 BHA are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. With respect to information regarding estimated applies, if you are participating in the BHA Ads Program, please note that this is not the information you are purchasing from BHA and you are not charged per apply. BHA 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 BHA, including from BHA affiliates. These figures are given to BHA users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures. BHA may also provide data regarding impressions in relation to your job ad. Such figures are provided for informational purposes only, are subject to change at any time, and BHA does not guarantee their accuracy. BHA reserves the right to change the method of measuring such figures at any time.

5. Screening Tools

BHA may make available to you  screening tools for your use during the application process, including screener questions, phone screen tools and assessments. BHA is licensing these tools to you for your use as you determine. By using any screening product, made available to you by BHA, 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 BHA. 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 BHA is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, BHA 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 BHA 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”. BHA may offer Employers the ability to activate a feature on their account called Employer Assist. Activating Employer Assist means the Employer is instructing BHA 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 BHA. Any interactions you have directly with a Job Seeker and not through a tool provided by BHA (for example, calling or emailing a Job Seeker directly instead of through an BHA Relay Service) are not visible to BHA, 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 BHA to prevent an Employer Assist rejection notice from being sent. If you activate Employer Assist you agree that you are instructing BHA to send these messages to candidates with whom you do not interact within your chosen time frame, and you agree to indemnify BHA from any claims arising therefrom.

6. Communication through BHA

You may receive messages, emails or email notifications corresponding with your or a Job Seeker’s activity on or use of the Site BHA Apply, BHA Chat, 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 BHA. BHA 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. Should you choose to send an email from a third party email client, the person with whom you’re communicating may be able to see your email address, rather than the alias. BHA 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. Specifically, if you post a Job Listing directly on BHA, applications are sent only to your BHA 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 BHA dashboard. BHA reserves the right to turn on or enable BHA Chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify Job Seekers that BHA Chat or other communication options are available for a particular job or Employer. For BHA Chat, you may access or view your messages by visiting your BHA Chat messages dashboard. If you do not wish to use BHA Chat, you may turn it off by visiting your BHA Chat dashboard. BHA may, in its sole discretion, turn off or disable BHA Chat for any Employer or Job Seeker at any time without prior notice.

7. Virtual Communications 

BHA may offer you the option to manage virtual and remote communications with Job Seekers within BHA products, including but not limited to, BHA Interview, BHA 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 BHA is not a telecommunications service provider. BHA disclaims all warranties with regards to the transmission of virtual communications. BHA 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’ve arranged with Job Seekers for your Virtual Interview. Further, BHA does not verify the identities or qualifications of Job Seekers with whom you arrange Virtual Interviews. 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 BHA IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT DURING YOUR USE OF VIRTUAL INTERVIEWS. BHA 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 BHA DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS. Upon your request, BHA may extend invitations to additional representatives at your company to join in Virtual Interviews. You understand and agree that BHA will extend such invitations on your behalf based on the email addresses you provide for those representatives but BHA is not responsible for inaccuracies in the contact information you provide. Further, BHA 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 BHA’s Terms, and by extending invitations to your representatives, you are binding them to BHA’s Terms. You understand that BHA is only providing the option for you to communicate with Job Seekers via services that may be offered by third-party providers. BHA is not a party to your Virtual Interviews and is not a participant in any arrangements you make with Job Seekers. BHA does not access, record, store, or analyze video content you may conduct using third-party providers. You agree that you will not record, store, or analyze Virtual Interviews without express permission from Job Seekers and will only do so in accordance with all applicable laws, including state and federal. You are responsible for any requests for accommodations from Job Seekers.

8. Company Pages

When you post a Job Ad directly on BHA or submit a request for a landing page on BHA, such as BHA Next, BHA may automatically generate for you a Company Page. You understand that BHA may display publicly available information about your company on the Company Page, in accordance with applicable law. You authorize BHA 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, BHA may include all of your Job Ads posted on the Site on your Company Page, including but not limited to those posted directly on BHA as well as those indexed by BHA. 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. BHA may additionally offer BHA Company Pages Premium, which includes features accessible only on a subscription basis and may be charged as indicated in an insertion order. BHA reserves the right to change or remove these features at any time, in BHA’s sole discretion. Additionally, these features may include analytics or other figures, which BHA 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 BHA Premium Company Pages Program at any time by notifying BHA. 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 BHA 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. BHA Academy

If you or anyone at your company is a member of BHA Academy, your use of the Graduate logos is limited to your individual use only, and solely for purposes of indicating your Graduate status. Use of the Graduate logo to represent organizations or for commercial purposes is not permitted. Further, you agree and acknowledge that you will not make any representation that you are recruiting on behalf of BHA, working for BHA, or in any form of co-employment or contractor relationship with BHA. Additionally, nothing contained herein shall be construed to imply a joint venture, partnership, principal-agent relationship or employer-employee relationship between you and BHA, and neither Party shall have the right, power or authority to obligate or bind the other in any manner whatsoever, except as otherwise agreed to in writing. If you make any representation to the contrary, BHA may remove you from BHA Academy in its sole discretion.

10. HR Management Tools

BHA may make HR management software tools available to employers and their employees (“HR Management Tools”). If you are an employee using any HR Management Tools, you agree that such use is subject to the provisions of this Agreement. You further acknowledge that while BHA is only providing the HR Management Tools for your and your employer’s use, and that BHA accepts no responsibility for such use. BHA does not provide legal advice and cannot guarantee that your employer will configure or use any HR Management Tool to be in compliance with the law. Your employer retains all responsibility for such compliance. If you have questions or concerns about the legality or appropriateness of any configuration of an HR Management Tool, you must raise them directly with your employer.

11. 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 England and Wales if you are supported primarily by BHA’s UK office; the laws of France if you are primarily supported by BHA’s office in France; the laws of Italy if you are primarily supported by BHA’s office in Italy; the laws of Italy if you are primarily supported by BHA’s office in Italy; the laws of Ontario, Canada if you are primarily supported by BHA’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*; London, England, if you are supported primarily by BHA’s UK office; Paris, France, if you are supported primarily by BHA’s office in France; Milan, Italy, if you are supported primarily by BHA’s office in Italy; Province of Ontario, if you are supported primarily by BHA’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*; London, England, if you are supported primarily by BHA’s UK office; Paris, France, if you are supported primarily by BHA’s office in France; Milan, Italy, if you are supported primarily by BHA’s office in Italy; Province of Ontario, if you are supported primarily by BHA’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 BHA. If you intend to propound discovery seeking user information from BHA 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 BHA, 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. 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 and in return for the services offered by BHA, you acknowledge that BHA 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 BHA 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 BHA 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. BHA Central

BHA may offer a service called BHA Central to facilitate the coordination of Job Ads within geographically distributed businesses, such as franchises or large companies with many locations. You acknowledge and agree that using BHA Central involves sharing a franchisee’s account information with the franchisor, or sharing a local office’s account information with the corporate headquarters, as applicable. This information may include items such as the number of your business locations or accounts, information about your job ads (content, clicks, impressions, etc.), your contact information, and your spend levels. The franchisor or corporate headquarters may request that BHA contact its franchisees or local offices, respectively, by providing BHA with contact information, and may provide the content of Job Ads to BHA for use in connection with BHA Central. By using BHA Central, you agree to this information being shared, and you represent and warrant that i) all information you provide to BHA is accurate, and ii) you have all necessary right and authorization to provide such information to BHA and to permit BHA to share it in connection with BHA Central. You may request that BHA grant access and control of your BHA Central account to additional users. You understand and agree that by submitting such requests, BHA will contact the users based on the information you provide (name, email address, and job title) and that BHA is not responsible for verifying the users prior to completion of such requests. [/spb_text_block] [spb_text_block title=”Terms of Service for Publishers” animation=”none” animation_delay=”0″ simplified_controls=”yes” custom_css_percentage=”no” padding_vertical=”0″ padding_horizontal=”0″ margin_vertical=”0″ custom_css=”margin-top: 0px;margin-bottom: 0px;” border_size=”0″ border_styling_global=”default” width=”1/1″ el_position=”first last”]

C. Terms of Service for Publishers

The following BHA Publisher Program Terms (“IPP Terms”) apply to any Publisher that accesses or uses the BHA Publisher Program (the “Program”), or that otherwise indicates its acceptance of these IPP Terms, and set out the terms and conditions applicable to your participation in the Program. Any references to “BHA” shall mean BHA, Inc. The Program, as generally offered by BHA, is described in our Publishers Information page  or such other URL as BHA may provide from time to time. For purposes of this Section C of the BHA General Terms of Service, “You” or “Publisher” means any entity identified in an enrollment form 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 IPP Terms.

1. BHA Publisher Program

BHA shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the Program or any part thereof. Publishers are ineligible to participate if their web properties do not conform with the terms of the BHA Affiliate Acceptable Use Policy (the “AAUP”). In order to participate as a Publisher in the Program, all participants must be at least eighteen years of age. Applicants represent and warrant that all information submitted to BHA 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 BHA shall have no liability with respect to such content.

2. Publisher Obligations

Any job search results, JobrollTM, Job Search Box, pay-per-click advertisements, links, insertion code, and any BHA logos or other elements supplied by BHA for use on Affiliates’ websites or websites co-branded by BHA and Affiliate (collectively, “Program Elements”) may only appear on URLs that BHA has reviewed and accepted for participation (“Accepted URLs”). However, please note that as of March 3, 2017, Job Search Box, links and insertion code will only be available to Publishers already a part of the IPP, and as of March 31, 2017, Job Search Box, links and insertion code will no longer be available through IPP. Publisher shall advise BHA of any changes in the type of content accessible at any such accepted URL. Publisher agrees to comply with the specifications provided by BHA from time to time to enable proper delivery, display, tracking and reporting of Program Elements. Publisher shall label each displayed Program Element with the phrase “Jobs by BHA” at least 116 X 23 pixels in size, wherein the word “Jobs” shall be hyperlinked to https://www.britishhairdressingassoc.co.uk or other BHA website as agreed with BHA and the word “BHA” shall be the BHA Logo Image and shall also be hyperlinked to https://www.britishhairdressingassoc.co.uk or other BHA website as agreed by BHA. We provide the BHA Logo Image online for your convenience. Publisher agrees to abide by all terms of the AAUP. Publisher is not permitted to use BHA’s Site or its content other than for non-commercial purposes. Publisher agrees not to access (or attempt to access) the Site by any means other than through the interface that is provided by BHA, unless it has been specifically allowed to do so in a separate, written agreement with BHA. 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 BHA has no responsibility or liability to it or to any third party for) any breach of Publisher’s obligations under these IPP Terms and for any consequences (including any loss or damage which BHA may suffer) of any such breach. Publisher agrees that it shall not transmit to BHA 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. BHA 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 BHA 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 BHA’s message relay, or of its use of any other functions of the Site, with or without notice. BHA 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 BHA suspects to be malicious or spam, or for any or no reason. BHA further reserves the right to conduct investigations to determine whether Publisher is perpetrating a scam, spamming BHA or its users, or otherwise conducting fraudulent activity on BHA by various means, including but not limited to investigating Publisher’s functionality by setting up profiles and names that belong to BHA. BHA reserves the right to turn over any information gathered via such investigations to the police or other third party if BHA has a good faith belief that Publisher is using the Site in violation of these terms. As BHA wishes to prohibit automated entities from following any individual links posted by Publisher, all hyperlinks to BHA’s site should include the use of rel=”nofollow”. This applies to editorially placed links, links generated by BHA’s API, or other link mechanisms. BHA 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 Publishes wishes to purchase BHA services that utilize the Site, Publisher must have a prior written agreement with BHA to do so, or have accepted BHA’s online terms of service. BHA reserves the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason. BHA also reserves the right in its sole discretion to suspend Publisher’s participation in the Program if it suspects any violations of the AAUP. Publisher hereby agrees to defend, indemnify and hold BHA 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 AAUP. The foregoing shall be in addition to, and not in lieu of, any other remedies that BHA may have as a result of a violation of the AAUP by Publisher. In addition, under no circumstances may Publisher impersonate or act as BHA on any site (which shall include bidding on BHA’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 BHA from any third party action, claim, or demand against BHA arising from any violation of those laws. BHA will not be treated as the publisher or speaker of any information provided by Publisher or by another information content provider. BHA 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 BHA 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 BHA’s 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 has shared its username and password and who are able to answer verification questions about its BHA account may receive access to information regarding Publisher’s BHA account. Publisher hereby grants BHA permission to refer to Publisher and its websites in BHA’s marketing materials, wherever such marketing materials shall appear.

3. Payments to Publisher

Publisher shall receive a commission payment with respect to valid clicks received (as determined solely by BHA and subject to any cap amounts determined solely by BHA) in relation to Program Elements displayed on Accepted URLs. PUBLISHER ACKNOWLEDGES AND AGREES THAT, IN EACH CASE, THE AMOUNT OF SUCH COMMISSION PAYMENT WILL BE DETERMINED SOLELY BY BHA, IN ITS SOLE DISCRETION, AND THAT SUCH COMMISSION AMOUNT MAY BE SUBJECT TO A CAP, ALSO TO BE DETERMINED BY BHA IN ITS SOLE DISCRETION AND SUBJECT TO CHANGE AT ANY TIME. Publisher also acknowledges and agrees that any billing and payment information that Publisher provides to BHA may be shared by BHA with companies who work on BHA’s behalf, such as payment processors, solely for the purposes of effecting payment to Publisher and servicing its account. Publisher shall not be compensated for any transactions generated by Publisher or any party acting on Publisher’s behalf. In addition, BHA shall not be obligated to pay for any artificial and/or fraudulent impressions or clicks as determined by BHA or if Publisher is in breach of these IPP Terms. In addition and not in limitation to the above, Publisher shall refund the share of that revenue paid to Publisher, if caused by artificial or fraudulent impressions. No dashboard or any other view of any click count shall be considered as contractually binding on BHA. All commission amounts may be subject to an overall commission cap, in BHA’s sole discretion, and subject to change at any time.

4. Qualifying Links

As of March 3, 2017, the below portion of the IPP will no longer be available to any new Publisher. As of March 31, 2017, the below portion of the IPP will no longer be available to any Publisher, including existing Publishers who are part of the IPP. [Publisher may earn a commission, as determined by BHA in its sole discretion, if Publisher refers a Qualified User (as defined below) to the BHA Website via a Qualifying Link (as defined below) and if such Qualified User has accessed the BHA Website and purchased a qualifying service (“Qualifying Purchase”) during a Session (as defined below). Not all services will be eligible as a Qualifying Purchase under the Program, and Qualifying Purchases are determined in BHA’s sole discretion. BHA is under no obligation to pay any particular amount for any referral and it is in BHA’s absolute discretion to determine for how long a period of time it shall pay this commission after the date the Qualified User initially arrives at BHA via a Qualifying Link from the Publisher’s Publisher Property (“Initial Contact’). No payments under this program shall be any indication of future payments under this program. A “Qualifying Link” is a link directing a Qualified User from Publisher’s website or online property (“Publisher Property”) to BHA using a Program Element provided by BHA for use with the Program. A “Session” is the period of time beginning when a Qualified User initially arrives at BHA via a Qualifying Link from the Publisher’s Publisher Property (“Initial Contact”), and ending at BHA’s absolute discretion. For avoidance of doubt, Publisher acknowledges that a Session will not commence unless cookies are enabled on the Customer’s device or computer in a manner that enables BHA to fully attribute actions of Qualified User to Publisher’s Qualifying Link. A “Qualified User” is a user who has not previously registered with BHA, has not been previously “cookied” by BHA and has not previously visited the BHA Site, all as determined by BHA in its sole and absolute discretion. The parties acknowledge and agree that BHA shall have the sole right and responsibility for processing all orders made by Qualified Users. Publisher acknowledges that all agreements relating to sales to Qualified Users shall be between BHA and the Qualified User.] As of March 31, 2017, the following will be the only available method for participation in the IPP: [Publisher may earn a commission, as determined by BHA in its sole discretion, if a user clicks on a Qualifying Link. A “Qualifying Link” is a link directing a user from the Publisher’s website or online property (“Publisher Property”) to a job using a Program Element provided by BHA for use with the Program, such as pay-per-click advertising, Jobroll™, or job search results.] Publisher shall not be entitled to commissions and shall reverse any commissions already paid if Publisher is in breach of these IPP Terms or has engaged in any fraudulent activity, including, but not limited to, cookie stuffing, cloaking, or forcing pop-ups. The determination as to whether a sale is made via a Qualifying Link, and whether a commission is payable, will be made by BHA in its sole and absolute discretion and is final and binding on Publisher. Prices for the Qualifying Purchases will be set solely by BHA in its sole and absolute discretion.

5. Terms of Payment

BHA shall pay Publisher within thirty (30) days of the end of each calendar quarter; provided the amount owing to Publisher is at least one hundred US dollars ($100). If the amount owing to Publisher is less than $100, the balance will carry over to subsequent calendar quarters until such time that the quarter-end balance is at least one hundred US dollars ($100). Publisher is solely responsible for providing and maintaining accurate contact and payment information associated with Publisher Account. BHA may withhold any and all payment if Publisher is in breach of these IPP Terms and BHA shall have no further liability to Publisher.

6. Termination

Either party may terminate these IPP Terms and participation in the Program at any time by sending a notice by email to support-at-BHA dot com or other email address specified by BHA in the case of BHA, and to the email address specified in Publisher’s profile in the Program in the case of Publisher. Upon termination of a publisher from the 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.

7. Confidentiality

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

8. Indemnification

Publisher shall indemnify, defend and hold harmless BHA, 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 IPP Terms.

9. Governing Law and Dispute Resolution

These IPP Terms and any dispute arising out of or in connection with these IPP 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 IPP Terms, by and under the laws of the State of Texas, United States of America, 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 the federal or state courts located in Travis County, Texas, U.S.A. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, U.S.A. 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.

10. Class Action Waiver

By using the Site and in return for the services offered by BHA, Publisher acknowledges that BHA 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 these services, Publisher agrees not to sue BHA 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 BHA regarding Publisher’s use of the Site. Additionally, as a Publisher, the use of the Site is at no charge and Publisher acknowledges that part of the price it is paying to use this Site 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. 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 9 above. [/spb_text_block] [spb_text_block title=”Terms of Service for All Users” animation=”none” animation_delay=”0″ simplified_controls=”yes” custom_css_percentage=”no” padding_vertical=”0″ padding_horizontal=”0″ margin_vertical=”0″ custom_css=”margin-top: 0px;margin-bottom: 0px;” border_size=”0″ border_styling_global=”default” width=”1/1″ el_position=”first last”]

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 D of the BHA 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 BHA 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, BHA 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 services, and not BHA. For example, BHA may provide you with access to a link on BHA to background check services offered and performed by a third party (each a “Third-Party Background Check Service”). This service may be offered in the form of permitting a Jobseeker to request their own background check or permitting an Employer to request a background check of a Jobseeker. If you choose to use this link and these services, you are contracting directly with the Third-Party Background Check Service, and BHA is not a party to this contract. Please note (and you acknowledge) that BHA cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate or store the background check reports provided by any Third-Party Background Check Service to you or to any other BHA user. BHA operates solely as a technical conduit, allowing the transmission of background checks sent by a Third-Party Background Check Service to you. Further, you agree to fully indemnify and defend BHA for any claims arising out of your use of a Third-Party Background Check Service’s services or a background check provided to you by a Third-Party Background Check Service. Pages on the 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. For example, data about companies located in Japan may come from Toyo Keizai Shinpo Inc. Please note that while this Agreement describes BHA’s services generally, services may differ by availability, and you should check the Site in your location to see which services are available to you. For example, while some parts of this Agreement describe matching services, BHA does not offer any matching services in Japan.

2. Using our Site

When you use the Site, you agree to BHA knowing, processing, analyzing, 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. You agree that BHA 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. The Site cannot work as BHA intends it to work unless BHA 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. BHA 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 BHA services that utilize the Site, you must have a prior written agreement with BHA to do so, or have accepted BHA’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.

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 BHA, 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. 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. BHA does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. Some elements of BHA job search results pages may appear to be content produced by BHA, but are actually a reproduction of user-generated search queries. Job Ads or other User Content may be reformatted or include words such as “Powered by BHA”. Such content retains its status as User Content despite reformatting or addition of “Powered by BHA” 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 BHA 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. BHA 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. BHA 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 BHA has no obligation to do so, BHA may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in BHA’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 BHA deems in its sole discretion to be inappropriate. BHA 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 BHA immediately so that we may have the opportunity to consider its removal. You acknowledge and agree that BHA does not have any obligation to host or remove any User Content, and i) the interpretation of whether any User Content violates any BHA 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 BHA, will always remain within the sole discretion of BHA. You agree that BHA has no liability to you or anyone else arising from its editorial decisions. You acknowledge and agree that BHA is an interactive computer service and does not have any obligation to screen any User Content, or to include any User Content (including without limitation Job Ads) in its search results or other listings, and may exclude or remove any User Content from publication for any or no reason. BHA 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 BHA 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 BHA confidentially or otherwise (e.g. anonymous Company Reviews or a confidential Job Ad), 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, BHA 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 a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing implicitly excludes certain classes of 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 discriminate against Job Seekers or otherwise violate applicable law. Please note: Section 230 of the U.S. Communications Decency Act provides that: (1) Treatment of publisher or speaker No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. (2) Civil liability No provider or user of an interactive computer service shall be held liable on account of- (A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or (B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).

4. License to User Content and Feedback

Only to the extent permitted by law, you grant BHA 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 BHA website or its publishers, maintaining the BHA website and promoting BHA and such User Content without restriction. You understand that no compensation in any form shall be due or payable to you in connection with BHA’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, BHA’s exercise of these rights, you hereby waive any and all rights to such compensation. Furthermore, you grant to BHA, its affiliates, and sublicensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any BHA marketing materials containing or incorporating such User Content, or (iii) any actions by BHA 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 BHA’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 BHA 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 BHA 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 BHA for more details. At your discretion, you may provide feedback and related materials to BHA 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 BHA 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 BHA may disclose any or all Feedback to any third party in any manner, and you agree that BHA 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 BHA 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, BHA does not waive any rights to use similar or related ideas previously known to BHA, 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 BHA, unless you have been specifically allowed to do so in a separate, written agreement with BHA. 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 BHA, 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 BHA account and ability to use the Site. You agree that you are solely responsible for (and that BHA 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 BHA may suffer) of any such breach. You agree that you shall not transmit to BHA 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 BHA “BHA 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 BHA Resume contacts in violation of BHA policy, as determined by BHA, 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. BHA 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 BHA.
• Violate the legal rights (such as rights of privacy and publicity) of others.
• Promote or encourage illegal activity.
• Interfere with other BHA 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 BHA 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 BHA’s explicit written permission.
• Contact other BHA users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics BHA considers detrimental to its users.
• Create multiple BHA accounts without permission.
• Create multiple BHA 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 BHA Resume database
• Scrape or otherwise replicate any BHA 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 Ads.

BHA reserves the right to use any User Content (including the content of messages or material sent through or to the Site or BHA) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. BHA 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 BHA 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 BHA’s message relay, or of your use of any other functions of the Site, with or without notice. BHA 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 BHA 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. BHA further reserves the right to conduct investigations to determine whether you are perpetrating a scam, spamming BHA or its users, or otherwise conducting fraudulent activity on BHA by various means, including but not limited to investigating your functionality by setting up profiles and names that belong to BHA. BHA reserves the right to turn over any information gathered via such investigations to the police or other third party if BHA 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 BHA, 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, BHA may terminate this Agreement and your license to use the Site without any further obligations to you whatsoever.

6. Registering with and Contacting BHA

Some areas of the Site, including areas that may permit you to set up an BHA account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. Please note that any individuals with whom you have shared your username and password and who are able to answer verification questions about your BHA account may receive access to information regarding your BHA 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. BHA 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. You agree that BHA may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your BHA 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 BHA or that BHA may otherwise obtain from third-party sources. By providing BHA 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 BHA a mobile number and consent to receiving communication, such communications are inherent to the services you have signed up for. To revoke consent at any time, reply to the text with STOP or contact BHA Customer Support . For clarity, you agree and understand that texting STOP in response to an BHA SMS alert will unsubscribe you from BHA 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. You may also revoke your consent by terminating the Agreement through closing your BHA 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 BHA is not responsible or liable for the manner in which the Employer uses the number.

7. Disclaimers of Warranties

BHA 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 BHA search results (including Jobs Listings) or otherwise made available on the Site by BHA or third parties (including User Content), regardless of whether paid for or used for free. BHA disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by BHA for informational purposes only, including but not limited to, BHA Analytics data like estimated applies or organic traffic, and salary information. You acknowledge you are not paying BHA for the aforementioned information. BHA disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including User Content). BHA does not guarantee that the Site will always be error free, safe or secure. BHA 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 BHA 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 BHA 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 BHA’s Site. BHA 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 BHA as a result of technical problems or traffic congestion on the Internet or any third party website (including but not limited to Applicant Tracking Systems (ATSs)) or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services. Under no circumstances will BHA 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. BHA AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BHA 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. BHA 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 BHA. BHA 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 BHA 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 BHA 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 BHA 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 BHA TO USE THE SITE. Without limiting the foregoing, under no circumstances shall BHA 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) non performance of third parties; and (m) other events beyond the control of BHA.

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 BHA 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 BHA 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 BHA 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 BHA Copyright Notice, 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA (copyright @ britishhairdressingassoc.co.uk) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA. Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form.

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 BHA, this Agreement will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Travis County, Texas, U.S.A.

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. Filtering for Minors

We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise and OnGuard Online. Please note that BHA does not endorse any of the products or services listed on such sites.

13. Use of Site by Minors

The Site is not for use by anyone under the age of 16. However, if local laws provide for an alternative minimum age for BHA to lawfully provide the services in the Site to you, then that shall apply as the applicable minimum age. In all jurisdictions outside the European Union, if you are under the age of 18 or the age of majority in your jurisdiction, you must use BHA under the supervision of your parent, legal guardian or responsible adult. BHA adopts a range of measures to try to ensure that we do not accept individuals who do not meet the minimum age and any other applicable age requirements. If you do not satisfy these age requirements, please email privacy-dept @ britishhairdressingassoc.co.uk (remove spaces when sending email).

14. Using e-Signature

Some pages on the Site may offer an e-signature option, which is powered by a third-party service provider. By using e-signatures on the Site, you agree that your e-signature is intended to authenticate the document you’re signing, and your e-signature will have the same force and effect as a manual signature. BHA disclaims all warranties associated with e-signatures, including any errors associated with the software or the validity of the signature. BHA is not a legal record keeper. Your use of e-signatures is at your own risk, and it is your responsibility to ensure that your document is received and to retain your own copies.

15. Beta Products

BHA may offer beta test products or features on our Site. You will know that a product or feature is offered on a beta or test basis because the product name or feature will state that it is offered on a beta or test basis or the name will include the word “beta.” These beta test products or features may be offered in limited quantities, in limited locations, and for a limited time. BHA may discontinue or cancel all or part of a beta product or feature at anytime without prior notice to you. ANY BETA PRODUCT OR FEATURE IS IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, IS BELIEVED TO CONTAIN DEFECTS, AND A PRIMARY PURPOSE OF THIS BETA TEST IS TO OBTAIN FEEDBACK ON THE PRODUCT PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT OR FEATURE OR ACCOMPANYING MATERIALS. If you have been invited to test a beta product or feature, you agree that, unless otherwise specifically provided herein or agreed by BHA in writing, any beta product or feature and any documentation provided corresponding with a beta product or feature constitute confidential proprietary information of BHA. You shall permit only authorized users, who possess rightfully obtained access to any beta product or functionality, access to the beta product or functionality or any corresponding documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of BHA.

16. Questions or Complaints

If you have a question or complaint regarding the Site, please use our BHA Help Center. When you use the BHA Help Center, you are accessing a third party site Zendesk and consent to receiving cookies from Zendesk, as set forth in the Zendesk cookie policy. Please note that communications within Zendesk will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

17. Miscellaneous

This Agreement (including any other section of this Agreement like the BHA Ads Program Terms or BHA Resume Terms) 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. Any waiver of any provision of this Agreement will be effective only if in writing and signed by BHA. This Agreement, together with any amendments and any additional agreements you may enter into with BHA in connection with the Site, shall constitute the entire agreement between you and BHA 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 BHA employee shall not constitute an amendment or alteration of this Agreement. By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. 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 BHA. If (a), (b), or (c) applies to you, you may not use the Site or Services, and BHA 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 BHA’s proprietary rights in them. You understand and acknowledge that BHA or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. BHA 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 BHA General Terms of Service and the BHA Ads Program Terms, BHA Resume Program Terms, BHA Targeted Ads Terms, Terms of Service for Publishers or other subset of terms as applicable to you, the BHA Ads Program Terms, BHA Resume Program Terms, BHA Targeted Ads Terms, Terms of Service for Publishers or other subset of terms as applicable to you will govern with respect to the BHA Ads Program, BHA Resume Program, BHA Targeted Ads, Terms of Service for Publishers or other subset of terms as applicable to you, respectively, and these BHA 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 BHA. This Agreement, together with any amendments and any additional agreements you may enter into with BHA in connection with the Site, shall constitute the entire agreement between you and BHA 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 BHA employee shall not constitute an amendment or alteration of this Agreement. Any notices to BHA must be sent to the applicable BHA entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice (i.e., BHA Ads Program, BHA Resume Program, or BHA Publisher Program). Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your BHA Ads interface). You may not assign or delegate any of your rights or obligations hereunder without BHA’s prior written consent and any such attempt is void. BHA may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, BHA may assign any agreement between you and BHA to any related BHA entity by informing you of such assignment. BHA and you are not in a legal partnership, agency relationship, or employment relationship. When BHA provides the Site or any related services to you, BHA does so solely in its capacity as a service provider.

18. Apple-Specific Terms

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any mobile application version of the Site compatible with the iOS operating system of Apple Inc. (“Apple”, and such mobile application, the “App”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to BHA in accordance with the “Questions or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, BHA’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

19. The BHA Apps

By using any of the BHA Apps, including but not limited to the BHA Job Search, BHA Resume Search, BHA Employer, BHA Job Spotter or others, you agree that all of the terms and conditions found herein apply to your use of the BHA App. Additionally, you agree that the BHA App may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications. By downloading and using the BHA App, you are asking BHA to make formatting changes to any Job Listings as they appear on your phone, in order to enable you to utilize your BHA Resume. You further acknowledge that your use of the BHA Apps may require use of your data plan from your cellular provider. You are responsible for payment of all data usage accrued based on your use of the BHA App, and BHA disclaims all responsibility for such data usage. In addition, if you allow BHA Apps to utilize location services, the BHA Apps may suggest to you and collect from you information based on your geographic location. The legal entity that ( i) provides any services to you through the BHA Apps, (ii) owns or licenses the intellectual property rights to any of BHA Apps and/or (iii) has access or controls any personal data through the BHA Apps may at times be an affiliate of BHA, even if the entity identified as the application developer on any of the application marketplaces is BHA, Inc. [/spb_text_block]