(Revised and effective — June 1, 2018)
1. License to Use Services.
2. Description of Services.
Users have access to the following Services, in a format and according to the technical means that we deem the most appropriate.
2.1 Job Ad Platform Service
3. User Responsibilities; Prohibited Conduct.
The Services and Site may be used solely by employers seeking job applicants and in accordance with our standard documentation, which may be published by teach.fm and made available to you from time to time. You may not use the Services or Site to determine a consumer’s eligibility for: (a) credit or insurance for personal, family or household purposes; (b) employment; or (c) a government license or benefit. teach.fm may not be considered an employer with respect to your use of the Site or Services and we are not responsible for any employment decisions made by any person or entity posting jobs via the Site or Services.
You will maintain and comply with privacy policies and practices that comply with applicable law and conform to industry best practices. You represent and warrant that your User Communications will not: (a) be false, inaccurate or misleading; (b) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation (including without limitation consumer protection, unfair competition, anti-discrimination and false advertising); (d) be libelous, threatening, defamatory, harassing, obscene or contain any kind of pornography; (e) contain any viruses, worms or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (f) create liability for us or cause us to lose (in whole or in part) the services of our Internet service providers or other suppliers; or (g) interfere with the ability of others to enjoy our Site or Services.
Additionally, you represent and warrant that you will not: (h) use any data mining robots, spiders or similar data gathering or extraction methods; (i) violate or attempt to violate the security of the Site or Services; (j) reverse engineer or decompile any part of the Site or Services; (k) aggregate, copy or duplicate any of the teach.fm IP or information available via the Site or Services, other than as permitted by these Terms; (l) except for Users, share with a third party any login credentials to the Site or Services; or (m) access data or any part of the Site or Services not intended for you.
4. Fees and Payment.
teach.fm will calculate the fees owed based on data collected via the Services, which you agree will be the system of record for determining the number of teach.fm Driven Applications and corresponding fees. We will invoice you for all fees on a weekly basis. Unless you have pre-paid the fees, you will remit payment to teach.fm within thirty (30) days after issuance of each invoice.
4.1.1 Per Applicant Fees
You will pay to teach.fm a fee for each teach.fm Driven Application (defined below) submitted to you or your website or application tracking system. An "teach.fm Driven Application" means a job application or other conversion event generated by an applicant who navigated to your website or application tracking system after clicking on a job advertisement published via the Services. The fee for each teach.fm Driven Application will be the cost-per-applicant designated by us when you use the Services. The purpose is to allow for conversion payments that occur with CPC or other performance events that are not only a CPA.
4.2 Fee Changes
teach.fm may change the fees and payment policies for the Services by notifying you in writing (including email) at least thirty days before the change takes effect.
The Users who do not accept the new fees must cancel their Subscription according to the provisions set out in Section 7. Users who continue to use the Services after the the new fees become effective will be deemed to have accepted them.
5. Proprietary Rights.
Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Site or via the Services are registered and unregistered trademarks, trade names and service marks owned by teach.fm and/or our affiliates. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by us. Nothing grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site or via the Services without our written permission or the written permission of such third-party owner.
You have and shall retain ownership of your User Communications. You declare and warrant to us that you are entitled to transmit, use or post User Communications and have all relevant licenses and consents from any relevant third parties. Further, we and our affiliates are free to use any ideas, concepts, know-how or techniques contained in any User Communication you send via the Site or Service for developing, marketing and providing products and services. You further acknowledge and agree that we own all of the information we collect from job applicants, including information collected via cookies and web beacons regarding job ad views, job application starts and job application completions. Further, in no event will we publicly disclose any performance-related data specific to you.
7. Discontinuance, Modification & Restrictions.
Unless you have purchased a Subscription, you may discontinue using the Services at any time; provided, however, that you will pay teach.fm the fees due and payable for any teach.fm Driven Applications generated within seven (7) days after the effective date of termination.
In the event you discontinue using the Services or Site or we discontinue providing the Services or Site, the following provisions will survive: Sections 9, 10, 11, 12, 13, 14, 17 and all payment obligations.
9. Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. TEACH.FM DOES NOT EVALUATE, SCREEN OR CENSOR THE APPLICATIONS SUBMITTED IN CONNECTION WITH THE SERVICES OR THE APPLICANTS THEMSELVES. TEACH.FM IS NOT INVOLED IN AND DOES NOT CONTROL THE TRANSACTION BETWEEN A JOB APPLICANT AND YOU. ACCORDINGLY, TEACH.FM IS NOT RESPONSIBLE FOR YOUR INTERACTION WITH ANY PERSON WHO CONTACTS YOU, INCLUDING JOB APPLICANTS, IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE SITE.
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES AVAILABLE AT THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR FREE. WE PROVIDE OUR SITE AND SERVICES FROM OUR OFFICES WITHIN RUSSIAN FEDERATION. WE MAKE NO REPRESENTATION THAT THE SITE AND SERVICES IS APPROPRIATE, LEGAL OR AVAILABLE FOR USE IN OTHER LOCATIONS.
THE WARRANTY DISCLAIMERS SET FORTH IN THIS SECTION 8 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS
10. Limitation of Liability.
IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR SIMILAR DAMAGES (OR DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHETHER FORSEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF, THE SITE OR SERVICES PROVIDED HEREIN OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER COMMUNICATIONS.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE THREE MONTH PERIOD PRIOR TO ANY CLAIM.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 10 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
13. Governing Law.
You are solely responsible for your interactions with other users of the Site or the Services. We reserve the right, but not the obligation, to monitor disputes between you and other users.
You may not take legal action against teach.fm without first (a) sending us, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, toward resolution of the dispute.
15. Force Majeure.
teach.fm will not be liable for failure or delay in performing its obligations because of causes beyond its reasonable control, including without limitation acts of terrorism, war, riots, fire, earthquake, flood or degradation or failure of third party networks or communications infrastructure.
16. Additional Terms.
We welcome your comments and questions. Please contact us at: firstname.lastname@example.org